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Backup Documents 02/27/2024 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pziper, Attach to original document. The completed rooting slip and original documents are to he tor.arded to the County:attorney Office at the time the item is placed on the agenda. MI 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# 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. Relate to Addressee(s) (List in routing order) Office Initials Date 1. y 7 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners y A'>is, 3` 5. Minutes and Records Clerk of Court's Office { PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary,. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin—Development Review Phone Number X 2279 Contact Department Agenda Date Item was 2/27/2024 Agenda Item Number 16.A.2 Approved by the BCC Type of Document Plat Number of Original I Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST tit:al the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? LM 2. Does the document need to he sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman.with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. LM 4. Ali handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LM document or the final negotiated contract date whichever is applicable. 6. I "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should he 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 Cif lime frame or the BCC's actions are nullified. Be aware of your deadlines! tJ 8. The document was approved by the BCC on 02/27/2024 and all changes made N/A is not ,I:uring the meeting have been incorporated in the attached document. The County ap an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. nitials of attorney verifying that the attached document is the version approved by the N/A is not 3CC, all changes directed by the BCC have been made, and the document is ready for the (Lip an option for Chairman's signature. this line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 2 PREPARED BY AND TO BE RETURNED TO: Robert S.Freedman Carlton Fields,P.A. 4221 W.Boy Scout Boulevard,Suite 1000 Tampa,Florida 33607 (813)223-7000 Space above reserved for Clerk's office JOINDER AND CONSENT OF MORTGAGEE COLLIER LAND HOLDINGS, LTD., a Florida limited partnership, and CDC LAND INVESTMENTS, LLC, a Florida limited liability company, being collectively the holders of that certain Purchase Money Mortgage and Security Agreement dated as of December 3, 2025, and recorded on December 12, 2025, in Official Records Book 6535, Page 2047, public records of Collier County, Florida, and that certain Contingent Mortgage and Security Agreement dated as of December 3, 2025, and recorded on December 12, 2025, in Official Records Book 6535, Page 2075, public records of Collier County, Florida (collectively, "Mortgage Documents"), hereby join in, ratify and consent to the execution and recording of that certain plat of Rivergrass North - Phase 1A to be recorded in the public records of Collier County, Florida ("Plat"), and further join in, ratify and consent to the dedications and reservation contained on such Plat and agree and declare that the Mortgage Documents are and shall be and remain subject to all terms and provisions of the Plat. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- SIGNATURES TO FOLLOW ON SUBSEQUENT PAGE] 143721484.2 Page 1 of 3 6A2 Dated this 7 7� day of , 2026. WITNESSES: COLLIER LAND HOLDINGS, LTD., a Florida limited partnership By: Tarpon Blue CE Management LLC, a Oditl,)--e �` Delaware limited liability company, its Name: General Partn Print Name: Cor ;c e r Address: VANi ERBILT BEACH PO,11507 By: IslAPLESGFL&9t3'8 Kenneth J. Smith, Manager Name: dU ,QlG1.rJlC Print Narne: fd� Ira Address: OW VANDERBILT BEACH ?D,ii5C17 N APLES, L 34 3(18 STATE OF t1,,v(Dad COUNTY OF CU The foregoing instrument was acknowledged before me, by means of[y-physical presence or ❑ online notarization, this 1Q.h11) day off , 2026, by Kenneth J. Smith, as Manager of Tarpon Blue CE Management LLC, a Delaware limited liability company,, as General Partner of COLLIER LAND HOLDINGS, LTD., a Florida limited partnership. He either personally known to me or❑ has produced as identification. My Notarial Commission Expires: F CAUMAAA* A-C640,14 gnatu e) (AFFIX NOTARY SEAL OR STAMP) A',,,,,�,� n� Name: �.'�1�v1f�11` tO�[ rj�l�(�i MO�Cl? (Legibily Printed) ,'q,�y.NZ: LAUDENTaAYa RCLARKEMC,RAE'W Notary Public, State of T1,D r;O1! Com ai-s9on. 9.99.9 261003 ?>�....•o Evifas May 4,2026 �' c14Y 1 ✓ (Notary Registration/Identification Number) 143721484.2 Page 2 of 3 16A2 — Dated this 24,4 day of ff\ ;c tom, , 2026. WITNESSES: CDC LAND INVESTMENTS, LLC, a Florida limited liability company By: Tarpon Blue CE Management LLC, a Delaware limited liability company, its Name: manager Print Name: O ry 1Address: �VANDERBILT BEACH RD,i5 7 y B : N ' 'FVUTOS ih J. Smith, Manager Name: Print Name: eC� Address: 999 VANDERBILT BEACH RD,#507 NAPLES,FL 34103 STATE OF -fi.ozfpa, COUNTY OF C.t LLIEf2-- The foregoing instrument was acknowledged before me, by means of['physical presence or ❑ online notarization, this D. day of kW rdin , 2026, by Kenneth J. Smith, as Manager of Tarpon Blue CE Management LLC, a Delaware limited liability company, as Manager of CDC LAND INVESTMENTS, LLC, a Florida limited liability company. He either [his personally known to me or❑ has produced as identification. My Notarial Commission Expires: ( gnatu ) (AFFIX NOTARY SEAL OR STAMP) Name: ��Q� IOI� �O�V'/ (Legitfly Prin ed) Notary Public, State of OVIA6v :J°• : LAUREN TAYLCR CLARKE MORALES f " "`Commis,, a#1-111261093 (1P1O12 ;''F`aP Expires May 4,2026 ''f k•r ,,. tary Registration/Identification Number) 143721484.2 Page 3 of 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO t 6 A 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. 'Fhc completed routing slip and original documents are to he fore,arded to the County attorney.Office at the time the item is placed on the agenda. All completed routing slips and original documents mast 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 1. 9 3. County Attorney Office County Attorney Office 3130.1 4. BCC Office Board of County Commissioners by j/J 3/3/5. Minutes and Records Clerk of Court's Office / + t t PRIMARY CONTACT INFORMATION 11 Normally the primary contact is the person who created,prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin, Development Review Phone Number x-2279 Contact Department Agenda Date Item was 02/27/2024 Agenda Item Number 16.A.2 Approved by the BCC Type of Document Performance Bond. Maintenance Number of Original 2 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) Applicable) 1. Does the document require the chairman's original signature? LM 2. Does the document need to be sent to another agency for additional signatures? If yes, N'A provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. LM 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LM signature and initials are required. 7. in most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain cat time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. : The document was approved by the BCC on 02/27/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County GG) an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the CLD an option for Chairman's signature. this line. 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 16A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ICY' day of 20 2.5 between Lennar Homes,LLC hereinafter referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Rivergrass North-Phase 1A B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: roadways, storm drainage, utility infrastructure, & landscaping within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$8,858,927.35 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; 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 designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or designee to inspect the required improvements. The County Manager or designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or designee to reduce the dollar amount of the subdivision 11/23/2021 Page 1 of 2 16A2 performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or designee. The County Manager or designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this b ' day of T ,cr ry\.be jr , 20 25 . SIGNED IN THE PRESENCE OF: (Name of Entity) - Lennar H es, LLC Witness: By: L Printed Name: r Scott Edwards, VP Witness: �'" Printed Name/Title s ® (- (President,VP,or CEO) �t' ) (Provide Proper Evidence of Authority) Printed Name: J { ( r/(i'dBtj; I '( .�.{I)v 1 �, -L/5.,�' I ATTEST: CRYSTAL K.KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF ., COLLIER COUNTY,FLORIDA By:- .. 4 `' fr `r Z� °Lv ,.- `` e iuty'Cle�l , ttE;St Ss to Chairman',; By' t si rirattira onl Apor6vi:ed aa to form anil'egality: Cer., F''' . Courtney DaSilva Assistant County Attorney 11/23/2021 Page 2 of 2 11:11-1i!!" ,•.r FIDELITY G U.AR. ANT E P-TA,N fi,RTA,Q, DISIFPDXIPEI411-.Y , 7 T 1-2 F L0(:;0 ANL, MIAMI , FL ORITI 3 3 1 2 6 , IRREVOCABLE STANDRYILETTER OF CREDITNO.FGA&-Ji5866 ; • • . ; ISSUER: ,FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER") 5505 WATERFORD DISTRICT DRIVE;7TH FLOOR WEST MIAMI;FL 33126 DATEOFISSUEi DECEMBER I,2025 (1'"P Tir:1 `:: PLACE OF EXRIRY: , AT ISSUER'S COUNTERS IL.00ATP AT 5505 WATERFORD DISTRICT DRIVE, 7TH FLOOR WEST,MIAMI,FL 33126 DATE OF EXPIRY: • THIS CREDIT-SHALL/BE VALEDUNTEL DECEMBER•L 2026,AND SHALL-THEREAFTER BE AUTOMATICALLY RENEWED FOR,SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF THE ISSUE UNLESS'ATLEAST SIXTY(60)DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE,THE ISSUER NOTIFIESTHE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT ,!,THE ISSUER ELECTS NOT TO RENEW THIS CREDIT. ''• APPLICANT!. ' LENNAR HOMES,LLC'(HEREINAInEli.DEVELOPER") ' • ( 'r •1%'F1-11' :40481-SIX TYREE CYPRESS PARKWAY•cr.' ••• (-)',)7' L'' •I • • • FORT MYERS,FL33906,- • • • • THE BOARD OF CODN'rti,eCiAlMfigiONERS,COLLIER COUNTY,FLORIDA" CIL 2 (:01 (REREINAFTER"DF.NEFICIARY")-n; r . H H. ,a)L3; NAPLES;FL.34104 • co: CiLEPA, '1.; (.'HT ' , AMOVNT: UP TO AN AGGREGATE AMOUNT OF S8,858,927.35(EIGHT MILLION EIGHT HUNDRED FIFTY- ' ' EIGHT THOUSAND NINE HUNDitEDCTWENTY-SEVEN AND 35/100 US DOLLARS) COP.'PMELIf'," • , : • ,", ..'D ACC:P (7.;:.,):3, PROJECT NAME: RIYERGRASS'NORTH-PHASE IA r' 7,r CO:RP COPP .'0 :'., 09":ii, IT CR,I,P,ITAYAMAXEI -7Y COFP main( AND Y t",er.;27 ,. (101- ISSUER or"" t3C:1P " r.E • F - ' PAYMENT'AGAINST DOCUMENTS DETAILED HEREIN AND.BENEFICIARY'S DRAFTS AT • If ' r . • ,c,,, , DOCIUMENTSICEOIJIFIED:!-AVAILARLE BYBENEFICIARY'S.bRAVT(S)AT SIdtirr bri/tWIN'ONTIft ISSUElt AMIPRESENTIth'' -AT-PiLWE OFEXPIRVACCONIPANIED BYBENEFICIARY'S-STATEMENT-PURPORTEDLY SIGNEDAND DATED RYTHE cop COUNTY,MANAOER,OR HISDESIGNEE,,CERTIEyING.ITAAT:I.,, (,A; A. (.1):DEVELOPER HAS FAILEDTO CONSTRUCTAND/OR MAINTAINTHE INEPROVEMENTS ASSOCIATED WITH THAT - ' "- tI - • . ,,,•1, •, CERTAIN PLAT OF A sKjiwAsp3N KNOWNEW/41YE.14:CII,A, NQRj -, SE lA AS Rg.QTgli.gxvi$Y, COUNTY ORDINANCES AND RESOLUTIONS(THE:.‘14,ANTI pVEJ,cofM:E),NT REG,ULA TiONS");„(II)DEVELOPER HAS ' BEEN GIVEN WRITTENNOTTCE DESCRIBING TIIE'EVENT OR COITION OF SUCH DEFAULT IN REASONABLE ' ..,11•, DETAIL BY,.CERTIFIED MAIL;.RETURNRECEIPTREQUESTEWA ND.(IIDTHEDEFAULT HAS NOT2BEENGURED:'1- ,W17111N,14KV,WTNPD.:PIWYIDP.X9R.TPPAP:Nt:IF AN\. .41) :.:f;`-;CO,") ,:t„; ". •., , . Go. CUA.".A, I /sr ,;()f.,r-1,)ELITY •(;-.11:CC-11" ;,11•1.11) .'C , B., "A FINAi,INSPECTION OF THE LVIPROVEMENTS FOR RIVERGRASS NORTH-PHASE I A AS REQUIRED BY COLLIER 't'OUNTV ORDINANCES AND RESOLUTIONS(THE"LAND DEVELOPMENT REGULATIONS") SATISFACTORY TO :COLLIER"COUNTY'HAS-.NOT BEEN PERFORMED PRIOR TO T-TIE"DATE OF EXPIRY,,AND .A SATISFACTORY c-C ' -- Ill Jar.,,4T: S.gcP.IkkTYJAA,S,-N9TTIWNE,goymkn,T,47&Ns:1;1 AccEr, -TED px tiRAFT(S)'1516-03Vki.IND'ER TII1 OP11T§firAlf,en t','ACCEPTANCE CORP.CREDIT NEGAC42-5866,,DATED>DtECEVIBERi I, 2025"AND,MUST BE-ACCOMPANIED BYTHIS-, . j,,,,p12GThV7,4.,TTER OF CREDIT AN, ALL ORI9I-NALAR,IVIENTS,IF ANY,FOR,pROPER ENDORSEMENT. TFIIScLE1 TER'OF CREDIT SETS'FORTH IN FTYLL;,THE-TERMS' 'PFIE ISSUER'S,UNDERTAKINO;-AND 'SUOIT ITNDERTAKINP /N ANY WAY,DEEMORIFIED4:A-MENDED, OR'AMR:I/HIED:SY REFERENCE..TO ANY, DOCUMENT, INST:4U,N,I,VN.T,,OR AGREEMENT REFERENCED TO HEREIN OR IN..WHICH THIS LETTER OF. CREDIT "1c ‘r RELATES;'AND ANY'SU RE CH FERENCE SHALL NOT RE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT,INSTRUMENTOR AGREEMENT. " " _ ; ) Ir.: L.,,sCOO,A, •1;0:73' ' I '2' nh. , i I OLT FLCA .UARr JI C 1' F 0077 . .+ i7:; R t i '..Ci C,ORPrli..c1 T' . _I,, J ; ,r FI,IQELITY GUAR.A„NTYF,AN.® ACCEPT:ANCE CORP . 16A 2 , ,! r,c• \:.,. .5•5 0 5 W A I E R FOR,P.D.IS cTuRpIi-QF71rvD Ft IIV E, 7 :--E,44.:Q 0.R =F7W1-EvS:.Tvp,,ivr; , J"rLT1 ol..;,?,N, -,r1Dn,C,C1PLAr-!CL )Fv .=iL c i'1_iFr 11r" '''h'-� lCME1, r�Iv L.;�vi-tFrfl[�'LA 3.3 1 2 6 ACCEPA N CE!:,JNr F19kJ11' 'U.°7 J PHONE3g5�55 8724 J,. F!C;_ u I ti,rAl,'\Alit',11•FD.At;�,F''"rAlvC;l=CG'PI =1!-)IcI_ITy-Ty -.;rFT-ANJCE(n '1=1 i;L,'i GUf\ti: .,.,.) ,,,;,;r('i.:rdl,cC:(}RPr'f..F1-TYGU, N15'/ -a rt.rN 1 n ..,: :�,:..! i' t,,.:n„ ,. -, - ":F,h 0 COF-1t I-i.,ET'i':G!J."'RANI \., f ArCE CORP I_,EI! ; .. .r' THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO.FGAC 25866 L. PAGE 2 ISSUER 1HEREBY.ENGAGES WITH 1E ENEFICiARY_I H, E�1RAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE : TERMS AND CONDITIONS OF THIS CREDIT W ILL BE BULY ONORED BY ISSUER IF PRESENTED WITHIN TILE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS TtEQtiRED HEREIN AT THE PLACE OF EXPIRY PRIOR T04:00 P.M. EST.'ON OR PRIOR TO THE DATE OF EXPIRY.PRESENTATIONS MAY BE MADE BY CERTIFIED'OR REGISTERED MAIL, • a,. RETURN,RECEIPT REQUESTED OR BY FEDERAL.EXPRESS OR._ANY OTHER NATIONALLY_:RECOGNIZED COURIER COMPANY. • 'THIS CREDIT IS SUBJECT TO THE`UNIFORM CUSTOMSS ANI$Pf4ACTICE FOR T/0d1MEN'TARY CREDITS'(2O07 REVISION) x l! INTERNATIONAL CHAMBER OF'COMMERCE'PURL-ICATION'NOL''600. L • .il'i=r ,:, L:L-:'•r FIDELITY"GUARANTY AND ACCEPTANCE CORP. .,.', ::., _, ,�, ._, ,:�.r': ?.-!i:', �) ;'.r'r'. fr),:: 1:,.'r['f:.41-FI{,E,tl z!.; ,!:_ ^..:. .ND ,•.E,�' �r.+ _._._;?: I "� ...-. � jj • E!, - ARNQLAQUINO AUT RIZED AGENT c172,0AP 7-iDELTI, CC..U =F .J Ft'27: . r4 ,,, ,OR. _I_U.: al.J,R:,I 1'. 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I .i: .'I ;',! ::_f::GU, 'I' . , ., co ,_._.,.FL .. ,-'D. ..,CF...i ., .. -.(N'(.._. . ._J,f..,.•.,, , :,G,_. t._.... c.. - , ,. -; - - ,, _ + is,..,, ..., ):' I,.!J .CO'r 1 ,-'A,'I: C tsl'C;E C iJL;I_I .. _,,, C? ,:', ..,., .`F L`_. � ,. . _ „i,. _ _ 1 of 8 i6A 2 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation PENINSULA eIN Prepared By: Date: Checked By: Date: CiwLJIFNL Lt-<ifvv Calculation Summary SUB-TOTAL TOTAL EARTHWORK $ 826,782.00 $ 826,782.00 PAVING $ 2,017,101.55 $ 2,017,101.55 POTABLE WATER $ 804,512.50 $ 804,512.50 DRAINAGE $ 871,974.70 $ 871,974.70 SANITARY SEWER $ 2,300,762.97 $ 2,300,762.97 IRRIGATION $ 495,321.60 $ 495,321.60 LANDSCAPE AND LIGHTING $ 737,115.00 $ 737,115.00 TOTAL $ 8,053,570.32 $ 8,053,570.32 TOTAL O.P.C.= $ 8,053,570.32 10%MAINTENANCE AMOUNT= $ 805,357.03 TOTAL BOND AMOUNT= $ 8,858,927.35 NOTES: 1) This Opinion of Probable Cost shall be used for Fee Calculation Purposes Only. 2) All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 3) Estimated costs for Lake Excavation are not included within this OPC.Lake Excavation requires a separate review and inspections process. un°1pon,i o`PV‘p J,HU1 Digitally •signed by David J Hurst �.``�pP•,..•• sY.1. Reason:This item has been \C E NSe•., digitally signed and sealed by * No.60727 *% David J.Hurst on the date * E adjacent to the seal.Printed copies of this document are not %..,•.• STATE OF ' considered signed and sealed ��'•.•p P and the signature must be 'n�"•�0R1� G �. verified on any electronic copies. SS�ONALF�` Date:2025.11.20 15:53:15-05'00' David Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 \\NAP-FS01\PenEng\Active_Projects\P-LENN-102\002_Phase-1A-PPL\Budgets\Cost_Estimates\Bond\Rivergrass-1 A_OPC-Rev03 16A2 2 of 8 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 EARTHWORK ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE EROSION CONTROL(TURBIDITY BARRIER, INLET EW-1 PROTECTION,SILT FENCE) 1 LS $ 43,848.00 $ 43,848.00 EW-2 CLEARING OF VEGETATION 1 LS $ 254,800.00 $ 254,800.00 EW-3 LAKE BANK SOD 1 LS $ 283,074.00 $ 283,074.00 EW-4 TEMPORARY CONSTRUCTION ENTRANCE 1 LS $ 7,500.00 $ 7,500.00 EW-5 NDPES MAINTENANCE 1 LS $ 7,200.00 $ 7,200.00 EW-6 RIP-RAP 1 LS $ 560.00 $ 560.00 EW-7 GRADING 1 LS $ 185,800.00 $ 185,800.00 EW-8 GEO-WEB(CONTROL STRUCTURE WEIRS) 1 LS $ 44,000.00 $ 44,000.00 SUB-TOTAL EARTHWORK= $ 826,782.00 \\NAP-FS01\Pen Eng\Active_Projects\P-LENN-102\002_Phase-1 A-PPL\Budgets\Cost_Estimates\BondRivergrass-1 A_OPC-Rev03 16A 2 3 of 8 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 PAVING ID DESCRIPTION Q T Y UNIT TYPE UNIT PRICE TOTAL PRICE PAV-1 3/4"ASPHALTIC CONCRETE TYPE S-III (FIRST LIFT) 1 I LS $ 190,084.65 $ 190,084.65 PAV-2 3/4"ASPHALTIC CONCRETE TYPE S-Ill (SECOND LIFT) 1 LS $ 190,084.65 $ 190,084.65 PAV-3 8"LIMEROCK BASE 1 LS $ 301,576.00 $ 301,576.00 PAV-4 12"STABILIZED SUBGRADE 1 LS $ 60,183.40 1 $ 60,183.40 PAV-5 2"ASPHALT TYPE SP-12.5(FIRST LIFT) 1 LS 1 $ 69,084.00 $ 69,084.00 PAV-6 1"FRICTION COURSE TYPE FC-9.5(SECOND LIFT) 1 LS 1 $ 95,650.00 $ 95,650.00 PAV-7 10"LIMEROCK BASE 1 LS $ 42,904.80 $ 42,904.80 , PAV-8 1"MILL OF EXISTING OIL WELL RD ROADWAY 1 LS $ 100,793.00 $ 100,793.00 PAV-9 2'VALLEY GUTTER 1 LS $ 122,902.50 , $ 122,902.50 PAV-10 TYPE'D'CURB 1 LS $ 11,479.25 $ 11,479.25 PAV-11 TYPE'F'CURB AND GUTTER 1 LS $ 102,144.00 $ 102,144.00 PAV-12 TYPE'A'CURB 1 LS $ 17,016.80 $ 17,016.80 PAV-13 RIBBON CURB 1 LS $ 9,558.00 $ 9,558.00 PAV-14 PAVER BRICKS 1 LS $ 45,895.50 $ 45,895.50 PAV-15 WHEEL STOP 1 I LS $ 3,705.00 $ 3,705.00 PAV-16 4'SIDEWALK VALLEY CROSSING 1 LS $ 29,835.00 $ 29,835.00 PAV-17 3'VALLEY GUTTER CROSSING 1 LS ' $ 2,484.00 $ 2,484.00 j PAV-18 CONCRETE SIDEWALK(4"THICK) 1 $ 292,963.60 $ 292,963.60 CONCRETE SIDEWALK(6'WIDE-6"THICK,ALONG OIL PAV-19 WELL RD) 1 $ 136,714.40 $ 136,714.40 PAV-20 1"TYPE S-III ASPHALT(MULTI-USE PATH) 1 $ 29,288.00 $ 29,288.00 PAV-21 6"LIMEROCK BASE(MULTI-USE PATH) 1 1 $ 25,627.00 1 $ 25,627.00 , PAV-22 ADA DETECTABLE MAT 1 LS $ 18,700.00 [ $ 18,700.00 PAV-23 PUMP STATION ACCESS DRIVE 1 $ 6,000.00 $ 6,000.00 PAV-24 TEMPORARY LIMEROCK TURNAROUND 1 I $ 9,370.00 $ 9,370.00 SODDING(BETWEEN BACK OF CURB AND SIDEWALK PAV-25 AND 1'BEYOND BACK OF SIDEWALK) 1 LS $ 56,058.00 $ 56,058.00 PAV-26 SIGNAGE&ROADWAY STRIPING 1 11 $ 32,000.00 $ 32,000.00 PAV-27 M.O.T. 1 $ 15,000.00 $ 15,000.00 SUB-TOTAL PAVING= $ 2,017,101.55 \\NAP-FS01\PenEng\Active_Projects\P-LENN-102\002_Phase-1 A-PPL\Budgets\Cost_Estimates\Bond\Riverg rass-1 A_OPC-Rev03 4of8I 6A 2 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 POTABLE WATER ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE WAT-1 8"PVC WATER MAIN(C900, DR18) 1 LS $ 3,815.00 $ 3,815.00 WAT-2 8"PVC WATER MAIN(C900, DR14) 1 LS $ 2,587.00 $ 2,587.00 WAT-3 10"PVC WATER MAIN(C900, DR18) 1 LS $ 336,564.00 $ 336,564.00 WAT-4 10"PVC WATER MAIN(C900, DR14) 1 LS $ 25,889.70 $ 25,889.70 WAT-5 12"PVC WATER MAIN(C900, DR18) 1 LS $ 41,670.40 $ 41,670.40 WAT-6 12"PVC WATER MAIN(C900, DR14) 1 LS $ 12,470.40 $ 12,470.40 WAT-7 8"GATE VALVE 1 LS $ 5,444.00 $ 5,444.00 WAT-8 10"GATE VALVE 1 LS $ 58,000.00 $ 58,000.00 WAT-9 12"GATE VALVE 1 LS $ 12,330.00 $ 12,330.00 WAT-10 FIRE HYDRANT ASSEMBLY(COMPLETE) 1 LS $ 86,709.00 $ 86,709.00 WAT-11 TEMP. BACTERIAL SAMPLE POINT 1 LS $ 2,432.00 $ 2,432.00 WAT-12 PERM. BACTERIAL SAMPLE POINT 1 LS $ 4,444.00 $ 4,444.00 WAT-13 AIR RELEASE VALVE 1 LS $ 16,500.00 $ 16,500.00 1-1/2"DOUBLE WATER SERVICE(SHORT SIDE) WAT-14 (COMPLETE) 1 LS $ 74,252.00 $ 74,252.00 1-1/2"DOUBLE WATER SERVICE(LONG SIDE) WAT-15 (COMPLETE) 1 LS $ 78,910.00 $ 78,910.00 1"SINGLE WATER SERVICE(SHORT SIDE) WAT-16 (COMPLETE) 1 LS $ 9,061.00 $ 9,061.00 WAT-17 1"SINGLE WATER SERVICE(LONG SIDE)(COMPLETE) 1 LS $ 7,820.00 $ 7,820.00 2"PUMP STATION SINGLE WATER SERVICE WAT-18 (COMPLETE) 1 LS $ 14,814.00 $ 14,814.00 WAT-19 TEMPORARY BLOW-OFF(INCLUDING GATE VALVE) 1 LS $ 6,300.00 $ 6,300.00 WAT-20 TESTING 1 LS $ 3,500.00 $ 3,500.00 REMOVE EX BLOW-OFF AND CONNECT TO EX.WATER WAT-21 MAIN 1 LS $ 1,000.00 $ 1,000.00 SUB-TOTAL POTABLE WATER= $ 804,512.50 \\NAP-FS01\PenEng Wctive_Projects\P-LEN N-102\002_Phase-1 A-PPL\Budgets\Cost_Estim ates\Bond\Rivergrass-1 A_O PC-Rev03 5of81 6A 2 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 DRAINAGE ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE DRA-1 10"PVC/I-IP SECONDARY DRAINAGE PIPE 1 LS $ 14,900.00 $ 14,900.00 DRA-2 12"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 7,788.00 1 $ 7,788.00 DRA-3 24"HDPE DRAINAGE PIPE 1 LS $ 8,800.00 ! $ 8,800.00 DRA-4 15"RCP STORM SEWER 1 LS $ 25,174.80 i $ 25,174.80 I DRA-5 18"RCP STORM SEWER 1 LS $ 105,273.70 ! $ 105,273.70 DRA-6 24"RCP STORM SEWER 1 LS $ 102,691.20 $ 102,691.20 I DRA-7 42"RCP STORM SEWER 1 i LS $ 75,000.00 $ 75,000.00 , DRA-8 F48"RCP STORM SEWER 1 C LS $ 33,304.00 $ 33,304.00 DRA-9 72"RCP STORM SEWER 1 LS $ 110,075.00 $ 110,075.00 DRA-10 10"MITERED END I 1 LS $ 3,000.00 $ 3,000.00 DRA-11 12"MITERED END 1 LS $ 1,900.00 I $ 1,900.00 DRA-12 15" FLARED END I 1 LS $ 9,441.00 $ 9,441.00 DRA-13 18"FLARED END 1 LS 1 $ 45,038.00 $ 45,038.00 DRA-14 24"FLARED END 1 LS $ 40,440.00 $ 40,440.00 DRA-15 42"FLARED END 1 LS $ 20,800.00 $ 20,800.00 DRA-16 48"FLARED END 1 LS $ 10,800.00 $ 10,800.00 DRA-17 CONTROL STRUCTURE(CS 6A.2) 1 LS $ 65,000.00 $ 65,000.00 DRA-18 VALLEY GUTTER INLET(DOUBLE) 1 LS $ 102,420.00 $ 102,420.00 DRA-19 THROAT INLET 1 LS $ 9,024.00 ! $ 9,024.00 DRA-20 GRATE INLET 1 LS $ 13,986.00 $ 13,986.00 DRA-21 FDOT TYPE"9"INLET 1 ( LS $ 51,210.00 $ 51,210.00 DRA-22 JUNCTION BOX(ROUND) 1 LS $ 4,712.00 $ 4,712.00 DRA-23 YARD DRAIN 1 LS $ 9,997.00 $ 9,997.00 DRA-24 TYPE'X'BOX 1 LS $ 1,200.00 $ 1,200.00 SUB-TOTAL DRAINAGE= $ 871,974.70 \\NAP-Fso 1\Pen Eng\Active_Projects\P-LE N N-102\002_Phase-1 A-PPL\Budgets\Cost_Estimates\Bond\Rivergrass-1 A_O PC-Rev03 6of8 1 6 A ' Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 SANITARY SEWER ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE SAN-1 8"SDR 26 PVC GRAVITY SEWER MAIN(0'-6'CUT) 1 LS $ 18,573.50 $ 18,573.50 SAN-2 8"SDR 26 PVC GRAVITY SEWER MAIN(6'-8'CUT) 1 LS $ 95,565.80 $ 95,565.80 SAN-3 8"SDR 26 PVC GRAVITY SEWER MAIN(8'-10'CUT) 1 LS $ 73,313.10 $ 73,313.10 SAN-4 8"SDR 26 PVC GRAVITY SEWER MAIN(10'-12'CUT) 1 LS $ 43,437.80 $ 43,437.80 SAN-5 8"SDR 26 PVC GRAVITY SEWER MAIN(12'-14'CUT) 1 LS $ 59,887.80 $ 59,887.80 SAN-6 8"SDR 26 PVC GRAVITY SEWER MAIN(14'-16'CUT) 1 LS $ 100,003.60 $ 100,003.60 SAN-7 8"SDR 26 PVC GRAVITY SEWER MAIN(16'-18'CUT) 1 LS $ 17,050.20 $ 17,050.20 SAN-8 8"SDR 26 PVC GRAVITY SEWER MAIN(18'-20'CUT) 1 LS $ 40,557.00 $ 40,557.00 SAN-9 12"SDR 26 PVC GRAVITY SEWER MAIN(8.-10"CUT) 1 LS $ 39,096.12 $ 39,096.12 SAN-9 4'SANITARY SEWER MANHOLE(0'-6'CUT) 1 LS $ 19,276.00 $ 19,276.00 SAN-10 4'SANITARY SEWER MANHOLE(6'-8'CUT) 1 LS $ 58,300.00 $ 58,300.00 SAN-11 4'SANITARY SEWER MANHOLE(8'-10'CUT) 1 LS $ 79,904.00 $ 79,904.00 SAN-12 4'SANITARY SEWER MANHOLE(10'-12'CUT) 1 LS $ 25,587.00 $ 25,587.00 SAN-13 4'SANITARY SEWER MANHOLE(12'-14'CUT) 1 LS $ 20,632.00 $ 20,632.00 SAN-14 4'SANITARY SEWER MANHOLE(14'-16'CUT) 1 LS $ 62,390.00 $ 62,390.00 SAN-15 4'SANITARY SEWER MANHOLE(16'-18'CUT) 1 LS $ 13,000.00 $ 13,000.00 SAN-16 4'SANITARY SEWER MANHOLE(18'-20'CUT) 1 LS $ 56,000.00 $ 56,000.00 SAN-17 6"SERVICE LATERAL(SINGLE) 1 LS $ 7,088.00 $ 7,088.00 SAN-18 6"SERVICE LATERAL(DOUBLE) 1 LS $ 160,066.00 $ 160,066.00 SAN-19 4"PVC FORCE MAIN(C900,DR18) 1 LS $ 35,058.25 $ 35,058.25 SAN-20 4"PVC FORCE MAIN(C900,DR14) 1 LS $ 4,427.50 $ 4,427.50 SAN-21 6"PVC FORCE MAIN(C900,DR18) 1 LS $ 33,352.00 $ 33,352.00 SAN-22 6"PVC FORCE MAIN(C900,DR14) 1 LS $ 3,304.00 $ 3,304.00 SAN-23 8"PVC FORCE MAIN(C900,DR18) 1 LS $ 140.00 $ 140.00 SAN-24 8"PVC FORCE MAIN(C900,DR14) 1 LS $ 600.00 $ 600.00 SAN-24 10"PVC FORCE MAIN(C900,DR18) 1 LS $ 32,467.20 $ 32,467.20 SAN-25 10"PVC FORCE MAIN(C900,DR14) 1 LS $ 9,588.20 $ 9,588.20 SAN-26 4"FORCE MAIN PLUG VALVE 1 LS $ 2,400.00 $ 2,400.00 SAN-27 6"FORCE MAIN PLUG VALVE 1 LS $ 7,875.00 $ 7,875.00 SAN-28 8"FORCE MAIN PLUG VALVE 1 LS $ 1,915.00 $ 1,915.00 SAN-29 10"FORCE MAIN PLUG VALVE 1 LS $ 2,500.00 $ 2,500.00 SAN-30 LIFT STATION(COMPLETE)(2) 1 LS $ 610,000.00 $ 610,000.00 SAN-31 AIR RELEASE VALVE 1 LS $ 17,130.00 $ 17,130.00 SAN-32 TELEVISION INSPECTION 1 LS $ 45,277.90 $ 45,277.90 SAN-33 TESTING 1 LS $ 5,000.00 $ 5,000.00 SAN-34 COMMUNITY LIFT STATION(COMPLETE) 1 LS $ 500,000.00 $ 500,000.00 SUB-TOTAL SANITARY SEWER= $ 2,300,762.97 \\NAP-FS01\PenEng\Active_Projects\P-LENN-102\002_Phase-1 A-PPL\Budgets\Cost_Estimates\Bond\Rivergrass-1 A_OPC-Rev03 16A2 7 of 8 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 IRRIGATION ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE IRR-1 4"PVC IRRIGATION MAIN(C900,DR18) 1 LS $ 240.00 $ 240.00 IRR-2 6"PVC IRRIGATION MAIN(C900,DR18) 1 LS $ 129,880.00 $ 129,880.00 IRR-3 6"PVC IRRIGATION MAIN (C900,DR14) 1 LS $ 7,751.50 $ 7,751.50 IRR-4 8"PVC IRRIGATION MAIN(C900, DR18) 1 LS $ 7,198.90 $ 7,198.90 IRR-5 8"PVC IRRIGATION MAIN (C900,DR14) 1 LS $ 762.20 $ 762.20 IRR-6 10"PVC IRRIGATION MAIN(C900, DR18) 1 LS $ 41,786.10 $ 41,786.10 IRR-7 10"PVC IRRIGATION MAIN(C900, DR14) 1 LS $ 5,998.30 $ 5,998.30 IRR-8 12"PVC IRRIGATION MAIN(C900, DR18 1 LS $ 24,229.20 $ 24,229.20 IRR-9 12"PVC IRRIGATION MAIN(C900, DR14) 1 LS $ 5,698.40 $ 5,698.40 IRR-11 6"GATE VALVE 1 LS $ 18,126.00 $ 18,126.00 IRR-12 8"GATE VALVE 1 LS $ 1,264.00 $ 1,264.00 IRR-13 10"GATE VALVE 1 LS $ 10,044.00 $ 10,044.00 IRR-14 12"GATE VALVE 1 LS $ 9,396.00 $ 9,396.00 IRR-15 AIR RELEASE VALVE 1 LS $ 23,982.00 $ 23,982.00 1-1/2"DOUBLE IRRIGATION SERVICE(SHORT SIDE) IRR-16 (COMPLETE) 1 LS $ 38,430.00 $ 38,430.00 1-1/2"DOUBLE IRRIGATION SERVICE(LONG SIDE) IRR-17 (COMPLETE) 1 LS $ 53,750.00 $ 53,750.00 1"SINGLE IRRIGATION SERVICE(SHORT SIDE) IRR-18 (COMPLETE) 1 LS $ 7,950.00 $ 7,950.00 1"SINGLE IRRIGATION SERVICE(LONG SIDE) IRR-19 (COMPLETE) 1 LS $ 12,810.00 $ 12,810.00 IRR-20 2"SINGLE IRRIGATION SERVICE(COMPLETE) 1 LS $ 11,475.00 $ 11,475.00 IRR-21 TEMPORARY BLOW-OFF(INCLUDES GATE VALVE) 1 LS $ 5,600.00 $ 5,600.00 REMOVE EX.BLOW-OFF AND CONNECT TO EX. IRR-22 IRRIGATION MAIN 1 LS $ 1,450.00 $ 1,450.00 IRR-23 TESTING 1 LS $ 2,500.00 $ 2,500.00 IRR-24 POTABLE/IQ BYPASS DEVICE 1 LS $ 75,000.00 $ 75,000.00 SUB-TOTAL IRRIGATION= $ 495,321.60 \\NAP-FS01\PenE ng\Active_Projects\P-LENN-102\002_Phase-1 A-PPL\Budgets\Cost_Esti mates\Bond\Rivergrass-1 A_OPC-Rev03 16A � 8 of 8 Project: Rivergrass North-Phase 1A PPL Task: Subdivision Bond Calculation Prepared By: 0 Date: 1/0/1900 Checked By: 0 Date: 1/0/1900 LANDSCAPE AND LIGHTING ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE LL-1 STREET LIGHTING 1 LS $ 202,500.00 $ 202,500.00 LL-2 LANDSCAPE(COMMON AREA TREES AND CODE MIN.) 1 LS $ 293,300.00 $ 293,300.00 LL-3 ROOT BARRIER 1 LS $ 115,621.00 $ 115,621.00 LL-4 LITTORAL PLANTINGS 1 LS $ 100,694.00 $ 100,694.00 LL-5 LITTORAL AND PRESERVE SIGNAGE 1 LS $ 25,000.00 $ 25,000.00 SUB-TOTAL LANDSCAPE AND LIGHTING= $ 737,115.00 \\NAP-FS01\PenEng\Active_Projects\P-LENN-102\002_Phase-1 A-PPL\Budgets\Cost_Estimates\Bond\Rivergrass-1 A_OPC-Rev03 ATTORNEYS AT LAW Corporate Center Three at International Plaza F4HIRN 4221 W Boy Scout a,Flo ida 3 360e 1780 Tampa,Florida 33607-5780 P.O.Box 3239 I Tampa,Florida 33601-3239 813.223.7000 fax 813.229.4133 www.carltonfields.com Atlanta Robert S.Freedman Florham Park Shareholder Hartford 813-229-4149 Direct Dial Los Angeles rfreedmancarltonfields.com Miami New York Orlando Tallahassee Tampa Washington,DC West Palm Beach February 12, 2026 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Re: Plat of Rivergrass North— Phase 9A - Opinion of Title To Whom It May Concern: I am an attorney licensed and eligible to practice law in the State of Florida and I have examined the title to the real property more particularly described in Exhibit A attached to this letter and incorporated herein by reference ("Subject Property"). We have made an examination of the title to the Subject Property based upon that certain Commitment for Title Insurance issued by Chicago Title Insurance Company bearing Commitment Number 12862756 and having an effective date through February 4, 2026, at 8:00 AM, and identified as File Number 111606- Rivergrass North-Ph. 1A Revision 1 — February 11, 2026 ("Title Commitment"). We render no opinion as to whether the legal description for the Subject Property attached to the Title Commitment and as Exhibit A is correct. Based solely upon such Title Commitment, we are of the opinion that: 1. marketable title to the Subject Property is vested in Millrose Properties Florida, LLC, a Florida limited liability company, by virtue of that Special Warranty Deed recorded December 12, 2025, in Official Records Book 6535, Page 2028, together with Surveyor's Affidavit Re Scrivener's Error, recorded February 10, 2026, in Official Records Book 6552, Page 2240, of the Public Records of Collier County, Florida; 2. the Subject Property is comprised of the fee simple parcel identified as "Parcel 1" in the Title Commitment and as legally described in Exhibit A attached hereto and made a part hereof; 3. the Subject Property is currently subject to: (a) that certain Purchase Money Mortgage and Security Agreement from Millrose Properties Florida, LLC, a Florida limited liability company, Mortgagor, in favor of Collier Land Holdings, Ltd., a Florida limited partnership and CDC Land Investments, LLC, a Florida limited liability company, Mortgagee, dated December 3, 2025, recorded on December 12, 2025 Carlton Fields, P.A. 142639729.2 Carlton Fields,P.A.practices law in California through Carlton Fields,LLP. Collier County Board of County Commissioners 16 A 2 February 12, 2026 Page 2 in Official Records Book 6535, Page 2047, in the amount of$8,000,000.00; and that certain UCC Financing Statement recorded in Official Records Book 6535, Page 2066, both of the Public Records of Collier County, Florida; and (b) that certain Contingent Mortgage and Security Agreement from Millrose Properties Florida, LLC, a Florida limited liability company, Mortgagor, in favor of Collier Land Holdings, Ltd., a Florida limited partnership and CDC Land Investments, LLC, a Florida limited liability company, Mortgagee, dated December 3, 2025, recorded on December 12, 2025 in Official Records Book 6535, Page 2075, and that certain UCC Financing Statement recorded in Official Records Book 6535, Page 3405, both of the Public Records of Collier County, Florida. 4. the Subject Property is subject to the following recorded covenants, conditions, restrictions, reservations, easements and other similar matters which may affect title to the Subject Property, all as recorded or shall be recorded in the Public Records of Collier County, Florida, unless otherwise indicated: (i) Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land; (ii) Resolution establishing the Immokalee Area Planning District and the Coastal Area Planning District and declaring the intent of the Board of County Commissioners to enact a comprehensive zoning ordinance for the Coastal Area Planning District of Collier County recorded in Official Records Book 649, Page 1239, of the Public Records of Collier County, Florida. (iii) Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the Subject Property, including, but not limited to, those set out in Partition Deed recorded in Official Records Book 884, Page 1436, Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded in Official Records Book 4587, Page 3098, Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded in Official Records Book 4591, Page 2314, and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded in Official Records Book 4591, Page 2394, as may be affected by Waiver of Surface Exploration Rights recorded in Official Records Book 4208, Page 2043, and in Official Records Book 5204, Page 1960, of the Public Records of Collier County, Florida. Note: as affected by Waiver of Surface Exploration Rights as recorded in Official Records Book 6073, Page 3502, of the Public Records of Collier County, Florida. (Note: as affected by Waiver of Surface Exploration Rights as recorded in Official Records Book 6073, Page 3502, of the Public Records of Collier County, Florida, this reservation is limited to the oil, gas and mineral rights contained in that certain Special Warranty Deed recorded on December 12, 2025 in Official Records Book 6535, Page 2028, all of the Public Records of Collier County, Florida. The right of surface entry and surface exploration on the Property is released pursuant to said Special Warranty Deed); (iv) Drainage Easement by CDC Land Investments, LLC, a Florida limited liability company, in favor of Collier County, a political subdivision of the State of Florida, recorded in Official Records Book 4514, Page 556, of the Public Records of Collier County, Florida; 142639729.2 Collier County Board of County Commissioners February 12, 2026 Page 3 (v) Declaration of Covenants by and between Collier Land Holdings, Ltd., a Florida limited partnership, and Gargiulo, Inc., a Delaware corporation recorded in Official Records Book 5642, Page 3384, as affected by Partial Release of Declaration of Covenants (Collier County Right-of-Way and Detention Parcels) recorded in Official Records Book 6503, Page 3331, of the Public Records of Collier County, Florida; (vi) Landowner Agreement, Rivergrass Village, by and between Collier Land Holdings, Ltd, and CDC Land Investments, LLC, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, recorded February 12, 2020, in Official Records Book 5726, Page 3331, as assigned in Official Records Book 6535, Page 3429, of the Public Records of Collier County, Florida; (vii) Survey prepared by Lance T. Miller of Peninsula Engineering, under Project No. S-RIVG-LENN-102, dated October 2025, last updated October 30, 2025, show no encroachments; (viii) Utility, Roadway, Drainage and Access Easement and Maintenance Agreement by and among Collier Land Holdings, Ltd., a Florida limited partnership, CDC Land Investments, LLC, a Florida limited liability company, Taylor Morrison of Florida, Inc., a Florida corporation, and Big Cypress Stewardship District, an independent district of the State of Florida, recorded November 19, 2025, in Official Records Book 6528, Page 345, assigned to Millrose Properties Florida, LLC, a Florida limited liability company, by Assignment of Multi-Party Agreements recorded in Official Records Book 6535, Page 3415, of the Public Records of Collier County, Florida; (ix) Traffic Improvements Agreement by and among Collier Land Holdings, Ltd., a Florida limited partnership, CDC Land Investments, LLC, a Florida limited liability company, and Taylor Morrison of Florida, Inc., a Florida corporation, recorded November 19, 2025, in Official Records Book 6528, Page 319, assigned to Millrose Properties Florida, LLC, a Florida limited liability company, by Assignment of Multi-Party Agreements recorded in Official Records Book 6535, Page 3415, of the Public Records of Collier County, Florida; (x) Reservations in favor of the Grantor contained in that Special Warranty Deed recorded on December 12, 2025 in Official Records Book 6535, Page 2028, of the Public Records of Collier County, Florida; (xi) Covenants, conditions, restrictions, easements and obligations contained in that certain Declaration of Covenants, Restrictions and Easements recorded on December 15, 2025 in Official Records Book 6535, Page 3444, of the Public Records of Collier County, Florida; (xii) Covenants, conditions, restrictions and easements set forth in that Declaration of Covenants and Easements for Permit Compliance (Rivergrass Village North), dated December 3, 2025, recorded on December 15, 2025 in Official Records Book 6535, Page 3473, of the Public Records of Collier County, Florida; (xiii) All of the terms, provisions and option set forth in that Master Option Agreement by and between Lennar Homes, LLC, a Florida limited liability company(Builder), and 142639729.2 t6A2 Collier County Board of County Commissioners February 12, 2026 Page 4 Millrose Properties Florida., LLC, a Florida limited liability company (Owner), dated December 3, 2025, a Memorandum of Option Agreement of which was recorded on December 15, 2025 in Official Records Book 6535, Page 3492, of the Public Records of Collier County, Florida; (xiv) Utility Easement granted to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, dated December 3, 2025, recorded on December 23, 2025 in Official Records Book 6539, Page 1727, of the Public Records of Collier County, Florida; and (xv) Notice of Commencement recorded on January 9, 2026 in Official Records Book 6543, Page 3250, of the Public Records of Collier County, Florida. In addition, the Subject Property will be subject to a recorded subdivision plat and a Declaration of Covenants and Restrictions for Rivergrass, as shall be recorded in the Public Records of Collier County, Florida. Further, we advise that as of the effective date of the Title Commitment, ad valorem real estate taxes for the year 2025 have been paid. This letter speaks only as of the date hereof and we are under no obligation to update this letter. This letter is issued solely for reliance by Collier County in connection with its review and approval of development approvals and the subdivision plat pertaining to the Subject Property. Sincerely, CARLTON FIELDS, P.A. Robert S. Freedman 142639729.2 1 6 A 2 EXHIBIT"A" PARCEL 1: ALL THAT PART SECTIONS 10,14 AND 15,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE AFORESAID SECTION 15; THENCE N 01°27'11"W ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 150.03 FEET TO AN INTERSECTION WITH A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG SAID PARALLEL LINE N 89°44'36"E A DISTANCE OF 273.61 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN BEING DESCRIBED; THENCE LEAVING SAID PARALLEL LINE N 46°15'52"W A DISTANCE OF 168.06 FEET; THENCE N 01°15'52"W A DISTANCE OF 98.04 FEET; THENCE N 05°34'42"E A DISTANCE OF 100.72 FEET; THENCE N 01°15'52"W A DISTANCE OF 284.23 FEET; THENCE S 88°32'49"W A DISTANCE OF 2.97 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 9.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°11'19"AN ARC DISTANCE OF 14.17 FEET; THENCE N 01°15'52"W A DISTANCE OF 217.77 FEET; THENCE N 43°32'49"E A DISTANCE OF 38.77 FEET; THENCE N 01°27'11"W A DISTANCE OF 80.00 FEET; THENCE N 46°27'11"W A DISTANCE OF 56.86 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 89°21'09"W AND HAVING A RADIUS OF 22049.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'22"AN ARC DISTANCE OF 1035.01 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 22951.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°53'02"AN ARC DISTANCE OF 754.62 FEET TO AN INTERSECTION WITH A LINE 122.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SECTION 15; THENCE ALONG SAID PARALLEL LINE N 01°27'11"W A DISTANCE OF 1961.17 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 42951.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°01'22"AN ARC DISTANCE OF 766.64 FEET TO AN INTERSECTION WITH A LINE 125.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SECTION 10; THENCE ALONG SAID PARALLEL LINE N 00°25'50"W A DISTANCE OF 144.64 FEET; THENCE LEAVING SAID PARALLEL LINE N 06°24'31"E A DISTANCE OF 100.77 FEET; THENCE N 00°25'50"W A DISTANCE OF 372.62 FEET; THENCE N 44°34'10"E A DISTANCE OF 67.37 FEET; THENCE N 00°25'50"W A DISTANCE OF 80.00 FEET; THENCE S 89°34'10"W A DISTANCE OF 12.00 FEET; THENCE N 45°25'50"W A DISTANCE OF 67.37 FEET TO AN INTERSECTION WITH A LINE 125.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF AFORESAID SECTION 10; THENCE ALONG SAID PARALLEL LINE N 00°25'50"W A DISTANCE OF 1331.88 FEET; THENCE LEAVING SAID PARALLEL LINE N 51°59'09"E A DISTANCE OF 1782.11 FEET; 142639729.2 16A2 _ THENCE S 43°35'16"E A DISTANCE OF 112.09 FEET; THENCE S 54°40'31"E A DISTANCE OF 129.64 FEET; THENCE S 24°40'19"E A DISTANCE OF 239.67 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'31"AN ARC DISTANCE OF 157.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 218.15 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°26'49"AN ARC DISTANCE OF 142.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 236.20 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°03'29"AN ARC DISTANCE OF 144.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 172.16 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°45'13"AN ARC DISTANCE OF 98.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 110.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°07'02"AN ARC DISTANCE OF 123.77 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°32'03"AN ARC DISTANCE OF 237.79 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 534.14 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°45'43"AN ARC DISTANCE OF 53.71 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 96.87 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°00'46"AN ARC DISTANCE OF 120.06 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 85.31 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°50'02"AN ARC DISTANCE OF 135.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 221.62 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°37'40"AN ARC DISTANCE OF 118.47 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 139.82 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°03'35"AN ARC DISTANCE OF 112.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 115°14'51"AN ARC DISTANCE OF 241.37 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 127.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°28'16"AN ARC DISTANCE OF 130.04 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 172.18 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°57'35"AN ARC DISTANCE OF 108.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°11'37"AN ARC DISTANCE OF 165.44 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 421.46 FEET; 142639729.2 1 6 A 2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°37'20"AN ARC DISTANCE OF 320.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 330.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°47'38"AN ARC DISTANCE OF 390.46 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 278.77 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75°06'04"AN ARC DISTANCE OF 365.39 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 280.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°47'49"AN ARC DISTANCE OF 350.87 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 163.01 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 77°49'13"AN ARC DISTANCE OF 221.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 105.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 121°1746"AN ARC DISTANCE OF 222.13 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 469.13 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°41'00"AN ARC DISTANCE OF 439.55 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 480.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°07'06"AN ARC DISTANCE OF 118.28 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 379.94 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°38'35"AN ARC DISTANCE OF 216.47 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°01'52"AN ARC DISTANCE OF 78.64 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 369.90 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°53'09"AN ARC DISTANCE OF 154.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 75.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°17'19"AN ARC DISTANCE OF 25.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 85.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°04'11"AN ARC DISTANCE OF 145.49 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°35'25"AN ARC DISTANCE OF 94.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°37'38"AN ARC DISTANCE OF 200.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 305.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 223°30'01"AN ARC DISTANCE OF 1189.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 220.00 FEET; 142639729.2 1 6 A 2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°4224"AN ARC DISTANCE OF 217.74 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°33'08"AN ARC DISTANCE OF 265.98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°28'37"AN ARC DISTANCE OF 210.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°57'51"AN ARC DISTANCE OF 105.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°31'53"AN ARC DISTANCE OF 268.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 116.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66°14'25"AN ARC DISTANCE OF 134.11 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 185.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°01'13"AN ARC DISTANCE OF 277.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 516.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°3T23"AN ARC DISTANCE OF 320.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 470.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°45'07"AN ARC DISTANCE OF 268.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°35'13"AN ARC DISTANCE OF 153.01 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°59'35"AN ARC DISTANCE OF 179.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°52'02"AN ARC DISTANCE OF 154.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 584.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°28'18"AN ARC DISTANCE OF 402.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°23'37"AN ARC DISTANCE OF 212.60 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°21'28"AN ARC DISTANCE OF 277.33 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 66.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°21'30"AN ARC DISTANCE OF 130.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; 142639729.2 I 6 A 2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°05'00"AN ARC DISTANCE OF 106.24 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'45"AN ARC DISTANCE OF 220.02 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°00'00"AN ARC DISTANCE OF 125.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 125.76 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°16'50"AN ARC DISTANCE OF 141.09 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 115.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°33'58"AN ARC DISTANCE OF 49.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND • HAVING A RADIUS OF 166.50 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°47'45"AN ARC DISTANCE OF 95.31 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 101.39 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°38'32"AN ARC DISTANCE OF 119.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 97.82 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°42'08"AN ARC DISTANCE OF 62.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 204.40 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°13'36"AN ARC DISTANCE OF 40.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°00'36"AN ARC DISTANCE OF 86.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°48'46"AN ARC DISTANCE OF 61.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°48'00"AN ARC DISTANCE OF 89.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°05'07"AN ARC DISTANCE OF 123.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°41'00"AN ARC DISTANCE OF 111.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 160.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°45'57"AN ARC DISTANCE OF 203.20 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74°52'32"AN ARC DISTANCE OF 248.30 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 160.00 FEET; 142639729.2 16A2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°22'12"AN ARC DISTANCE OF 135.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'35'13"AN ARC DISTANCE OF 71.59 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°20'11"AN ARC DISTANCE OF 163.83 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°44'31"AN ARC DISTANCE OF 89.13 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78'55'18"AN ARC DISTANCE OF 151.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°07'22"AN ARC DISTANCE OF 199.37 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°40'35"AN ARC DISTANCE OF 173.16 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°29'17"AN ARC DISTANCE OF 83.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 479.84 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°01'12"AN ARC DISTANCE OF 176.04 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°12'07"AN ARC DISTANCE OF 129.44 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°39'07"AN ARC DISTANCE OF 130.31 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 58.78 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°46'02"AN ARC DISTANCE OF 95.17 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 290.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°28'45"AN ARC DISTANCE OF 169.45 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 280.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°13'46"AN ARC DISTANCE OF 181.94 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 135.53 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°14'19"AN ARC DISTANCE OF 95.18 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°52'45"AN ARC DISTANCE OF 115.86 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 105.00 FEET; 142639729.2 6 A 2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 162°55'44"AN ARC DISTANCE OF 298.58 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 253.25 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'46"AN ARC DISTANCE OF 112.25 FEET; THENCE S 00°15'29"E A DISTANCE OF 33.33 FEET TO AN INTERSECTION WITH A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 14; THENCE ALONG SAID PARALLEL LINES 89°44'31"W A DISTANCE OF 1180.15 FEET; THENCE S 89'44'43"W ALONG A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 2667.40 FEET; THENCE S 89°44'36"W ALONG A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 2400.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 142639729.2 1642 _ PREPARED BY AND TO BE RETURNED TO: Robert S.Freedman Carlton Fields,P.A. 4221 W.Boy Scout Boulevard,Suite 1000 Tampa,Florida 33607 (813)223-7000 Space above reserved for Clerk's office DECLARATION OF COVENANTS AND RESTRICTIONS FOR RIVERGRASS TABLE OF CONTENTS Page ARTICLE 1: DEFINITIONS 1 ARTICLE 2: PROPERTY SUBJECT TO THIS DECLARATION; GENERAL PLAN OF DEVELOPMENT 6 ARTICLE 3: GRASS AREAS, LANDSCAPING, TREES AND PLANTS; CONSERVATION AREAS, WETLANDS AND UPLAND BUFFERS 7 ARTICLE 4: COMMON PROPERTY 10 ARTICLE 5: NON-RESIDENTIAL ACTIVITIES 12 ARTICLE 6: USE AND ARCHITECTURAL RESTRICTIONS 14 ARTICLE 7: EASEMENTS 29 ARTICLE 8:ARCHITECTURAL CONTROL 33 ARTICLE 9: MAINTENANCE BY THE ASSOCIATION; IRRIGATION 87 ARTICLE 10: MAINTENANCE BY OWNERS, SUBDIVISION ASSOCIATIONS AND THE ASSOCIATION 40 ARTICLE 11: SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM 42 ARTICLE 12:ADDITIONS TO OR DELETIONS FROM PROPERTY 44 ARTICLE 13: MEMBERSHIP AND VOTING RIGHTS 45 ARTICLE 14: TRANSFER OF CONTROL OF THE ASSOCIATION 46 ARTICLE 15: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 47 ARTICLE 16: COVENANT FOR ASSESSMENTS; CAPITAL CONTRIBUTIONS 49 ARTICLE 17: MISCELLANEOUS PROVISIONS RESPECTING MORTGAGEES 56 ARTICLE 18: DAMAGE, DESTRUCTION AND RESTORATION OF COMMON PROPERTY 58 ARTICLE 19: CONDEMNATION 58 ARTICLE 20: TERMINATION OF THE DECLARATION 59 ARTICLE 21: DECLARANT'S RIGHTS 59 ARTICLE 22:AMENDMENTS 61 ARTICLE 23: STEWARDSHIP DISTRICT 63 ARTICLE 24: GENERAL PROVISIONS 65 NOTICE:As provided in Section 24.4 of this Declaration,each Owner,by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the deed of conveyance of the Lot or Parcel to a third party shall specifically state that the Lot or Parcel is subject to the terms of this instrument and shall state the recording book and page information for this instrument as recorded in the public records of the County. The intent of this provision is to defeat any potential argument or claim that Chapter 712, Florida Statutes, has extinguished the application of this instrument to each of the Lots and Parcels. 128155526.10 16A2 INDEX OF EXHOSITS A - Legal Description of the Property B - Description of Common Property C - Articles of Incorporation of the Association D - By-Laws of the Association E - Types of Assessments and Basis for Calculation F - Approved Concept of Signage under Section 6.25.2 G - Rural Lands West Listed Species Management and Human-Wildlife Coexistence Plan 128155526.10 1 6 A 2 . MIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR RIVEIRGRASS ("Declaration" as defined hereinafter) is made by Lennar Homes, LLC, a Florida limited liability company, having an address of 10481 Six Mile Cypress Parkway, Ft. Myers, Florida 33966 ("Declarant" as defined hereinafter), and is joined into by Millrose Properties Florida, LLC,a Florida limited liability company,having an address of ("Original Owner"as defined hereinafter). WITNESSETH: WHEREAS, Original Owner is the record title owner of the real property described in Article 2 of this Declaration; and WHEREAS, Declarant has certain options to acquire from Original Owner portions of the aforementioned real property, upon which Declarant intends, with the consent and agreement of Original Owner, to create an exclusive residential community known as Rivergrass (hereinafter referred to as the "Community"); and WHEREAS, Declarant and Original Owner desire to insure the attractiveness of the individual lots and facilities within the Community and to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and amenities of the subject property, and to provide for the maintenance of Community common properties, areas and facilities and certain exterior maintenance on Lots as may be defined hereinafter, and,to this end, desires to subject the real property described in Article 2 of this Declaration to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each Owner thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation, protection and enhancement of the values and amenities in the Community and to insure the residents' enjoyment of the specific rights, privileges and easements in the Community common properties, areas and facilities, to create an organization to which should be delegated and assigned the powers of owning, maintaining and administering the Community common properties, areas and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated under the laws of the State of Florida, as a corporation not for profit, Rivergrass Master Property Owners Association, Inc., for the purpose of exercising the functions aforesaid within the Community; and WHEREAS, Original Owner joins into and consents to this Declaration for purposes of subjecting the Property to the terms and provisions hereof; NOW,THEREFORE, the foregoing recitals are hereby incorporated as if fully set forth hereinafter, and Declarant, with the joinder and consent of Millrose attached hereto and made a part hereof, declares that the real property described in Article 2 of this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes collectively referred to as"covenants and restrictions") hereinafter set forth, as follows: ARTICLE 1: DEFINITIONS Unless the context expressly requires otherwise, the following terms mean as follows wherever used in this Declaration: 1.1 "ARC" means the architectural review committee of the Association, as established in Article 8 hereof. 1.2 "ARC Guidelines" means the guidelines for development and/or renovation of the Lots contained or to be contained in the Community. Wherever in this Declaration the approval of the ARC is 128155526.10 1 16A2 required, it shall be in accordance with the ARC Guidelines, to the extent the ARC Guidelines contain guiding provisions. For purposes of clarity, the ARC Guidelines do not constitute Rules and Regulations, as specifically provided in Section 1.42 hereof. 1.3 "Act" means Chapter 720, Florida Statutes, as existing on the date of recordation of this Declaration. 1.4 "Articles"means the Articles of Incorporation of the Association, as may be amended from time to time. A copy of the Articles, as filed with the State of Florida Department of State, is attached hereto as Exhibit C. 1.5 "Assessment" or "Assessments" means those charges and obligations set forth in Article 16 hereof, including General Assessments, Special Assessments, Neighborhood Assessments and Specific Assessments. 1.6 "Association" means the Rivergrass Master Property Owners Association, Inc., a Florida not-for-profit corporation organized pursuant to Chapters 617 and 720, Florida Statutes, to administer certain common and designated functions for or pertaining to the Community and its surrounding areas pursuant to this Declaration. 1.7 "Attached Villa" means a single-story Home located on a Lot which (a) is attached to one or more other Homes, and (b) contains in whole or in part at least one Party Wall (as defined in the Subdivision Declaration pertaining to such Attached Villa). An Attached Villa may or may not be a part of a Subdivision or a Neighborhood. 1.8 "Authorized User" means the tenants, guests and invitees of an Owner and all occupants of a Lot or Parcel other than the Owner(s). 1.9 "Benefited Parties" means Declarant, Original Owner, each Builder, the Association and Owners,together with each of their respective successors and assigns, and the tenants,guests and invitees of the Owners, but excluding the general public. 1.10 "Board" or"Board of Directors" means the board of directors of the Association. 1.'11 "Boundary Wall" shall have the meaning set forth in Section 15.1.4 hereof. 1.12 "Builder" means and refers to Original Owner and any person or legal entity that has acquired or that acquires title to any Lot or Parcel expressly in furtherance of the business of: 1.56.1 developing the Lot or Parcel for eventual construction of Homes thereon in the ordinary course of such person's or entity's business; or 1.56.2 constructing Homes thereon, in the ordinary course of such person's or entity's business, for later sale to bona fide third-party purchasers that are not Builders or affiliates of a Builder. A Builder is not a Declarant under this Declaration, unless such Builder has received an assignment of Declarant's rights, in whole or in part, hereunder. 1.13 "By-Laws" means the Amended and Restated By-Laws of the Association, as may be amended from time to time. A copy of the By-Laws is attached hereto as Exhibit D. 1.14 "Common Expenses" means all expenses properly incurred by the Association in the performance of its duties pursuant to this Declaration, the Articles, the By-Laws or any Rules and Regulations, or any agreement properly entered into by t the Association, including, but not limited to, (a)the expenses incurred in connection with the ownership, maintenance, repair, replacement, reconstruction or 128155526.10 2 16A2 improvement of the Common Property and/or real property held in title by the Association, if any, as provided for pursuant to this Declaration (which expenses may, but shall not necessarily, include utilities, taxes, assessments, insurance and repairs); (b)the expenses of obtaining, repairing or replacing personal property owned by the Association; (c)the expenses incurred in the administration and management of the Association; and (d) the expenses declared to be Common Expenses pursuant to the Governing Documents. 1.15 "Common Property" or "Common Properties" means (i) any property now or hereafter owned or leased by the Association; (ii)any property maintained by the Association pursuant t to agreement (whether or not such property constitutes a portion of the Property); (iii) any property designated in Exhibit B hereto as Common Property, (iv) any property designated by Declarant as Common Property elsewhere in this Declaration or in any amendment or supplement to this Declaration; (v) any portion of the Property designated as Common Property of the Association (or words to that effect) on any subdivision plat(s) of the Property recorded in the public records of the County from time to time ("Plat"), (vi) any property now or hereafter owned by Declarant or Original Owner but maintained by the Association, (vii) any property now or hereafter owned by a third party but maintained by the Association pursuant to written agreement; (viii) all buffer zones or other areas located on the Property which may be required to be maintained by the Association pursuant to any applicable development order, permit or approval from any Governmental Entity;and(ix)any personal property acquired by the Association if said property is designated as"Common Property" by the Association or Declarant to be Common Property. "Common Property" shall also include, but shall not be limited to, (a) landscaping, signage and recreational facilities which are contained within lands that are Common Property; (b) any lake areas or bodies of water for which the Association has maintenance responsibility; (c) all applicable portions of the Surface Water Drainage and Management System (including dedicated lake tracts, lake maintenance or drainage easements, and corresponding infrastructure), which shall be maintained in accordance with the WMD Permit, provided that same are not otherwise owned or governed by the District; (d) utility easements or tracts for corresponding sewer or potable water; (e) all roads and road rights-of-way contained within the Community, whether or not yet conveyed to the Association; (f) the Community Entry Features; and (g) all signage within the Community, save and except for any signs contained within a Subdivision and for which a Subdivision Association is declared to have responsibility 'therefore. Any land or personal property leased by the Association shall lose its character as Common Property upon the expiration of such lease. Common Property shall not by definition include any Subdivision Common Areas, but could include such Subdivision Common Areas upon written agreement between the Association and a Subdivision Association. 1.18 "Community" means the master planned community development project known as Rivergrass. The Community may also include any lands not located within the physical boundaries of a portion of the Property(such as, but not limited'to, lands located on adjacent lands)which are subjected to the scope of'this Declaration as a part of the Property. 1.17 "Community Entry Features" means the signage, structures, buildings, access gates, gatehouses and other improvements and associated landscaping existing or to be placed at or near any or all entrances to the Community. The Community Entry Features will be placed in such location(s) and elsewhere along the median and parkways within adjacent or nearby right(s)-of-way from time to time, or on Common Property or elsewhere on or off the Property at or near the entrance(s)to the Community. 1.18 "Community Wide Standards" means the standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by Declarant so long as Declarant owns one or more Lots or Parcels within the Community. Community Wide Standards shall be set forth in this Declaration or as a part of the Rules and Regulations. 1.19 "County" means Collier County, Florida. 1.20 "Declarant" means Lennar Homes, LLC, a Florida limited liability company ("Lennar"), and its successors, assigns, and designees, including, but not limited to, assigns by operation of law. The term "Declarant" shall not include any Person (including a joint venture involving Declarant) who purchases a Lot or Parcel; provided, however, a subsequent owner of a portion of 'the Property may be specifically 128155526.10 3 16A2 assigned a portion of the rights held by Lennar as Declarant hereunder and such assignee shall be deemed a Declarant but limited to only exercise such rights of Declarant as Lennar specifically assigned with respect to the portion of the Property identified in the assignment. The terms and provisions of Section 21.7 hereof are specifically referenced as pertaining to the rights of Declarant and any assignment of Declarant's rights. Declarant's rights shall only be assigned by written, recorded instrument expressly assigning those rights. So long as Original Owner owns any Lot or portion of the Property, any assignment of the Declarant's rights under this Declaration shall require the prior written consent of Original Owner. Any purported assignment without such consent shall be deemed void and of no force and effect. Notwithstanding the foregoing, if Lennar elects not to exercise its options to purchase from Original Owner of all of the Property, Original Owner shall, upon such time as the options expire, automatically become the Declarant under this Declaration, in which event all references to "Declarant" shall thereafter mean and refer only to Original Owner or its successors or assigns, and after which event Lennar (or its successors or assigns) shall no longer be the Declarant under this Declaration or be entitled to exercise any of the rights of Declarant; provided, however, that Original Owner shall not be liable to any Member or any other person for any act or omission of Declarant including, without limitation, Declarant's failure to pay any amounts owing or to be paid or reserved for hereunder or as may otherwise be required by statute or at law or to perform any act or obligation required to be performed by Declarant hereunder or as may otherwise be required by statute or at law, arising prior to the date Original Owner succeeds to Declarant's rights hereunder, and Original Owner shall assume the obligations under this Declaration only for matters and obligations arising or to be performed from and after the date Original Owner succeeds to Declarant's rights hereunder, and Original Owner is hereby released and discharged from any and all obligations under this Declaration accruing prior to the date Original Owner succeeds to Declarant's rights hereunder. 1.21 "Declaration" means this instrument, entitled "Declaration of Covenants and Restrictions for Rivergress,"as may be amended and supplemented from time to time, together with its exhibits. 1.22 "District" shall mean the Big Cypress Stewardship District, as created pursuant to and governed by Chapter 189, Florida Statutes. 1.23 "District Prooerty" means the property, both real and personal, owned from time t to time by the District, together with all facilities located thereon or appertaining thereto. 1.24 "Existing Declaration" means that certain Declaration of Covenants, Restrictions Easements recorded on December 15, 2025, in Official Records Book 6535, Page 3444, public records of the County. 1.25 "FWCC" means the Florida Fish and Wildlife Conservation Commission. 1.26 "First Mortgage" means a valid mortgage having priority over all other mortgages on the same portion of the Property. 1.27 "First Mortga, ee" means the holder or owner of a First Mortgage, whether or not an Institutional Lender. 1.28 "Governing Documents" means collectively this Declaration, the Articles, the By-Laws, the Rules and Regulations, and any other instrument which governs the operation and/or use of the Property and the duties and obligations of the Association, but specifically excluding the ARC Guidelines. 1.29 "Governmental Entity" means collectively the agencies of the local, state or federal government having jurisdiction over all or a portion of the Property, including, but limited to,the County, the District and the WMD. 1.30 "Home"means any residential dwelling that has been completed and for which a certificate of occupancy has been issued, and which has been conveyed to a Person other than Declarant or a Builder. A I ownhorne or an Attached Villa shall constitute a Home with respect to that portion of the building 128155526.10 4 16A2 contained within the applicable Lot. To the extent the context dictates or requires for proper interpretation, "Home"shall be interpreted to mean a Lot together with the improvements contained thereon. 1.31 "Institutional Lender"means the holder of a First Mortgage encumbering any portion of the Property, which holder in the ordinary course of business makes, purchases, guarantees, or insures mortgage loans, and which is not owned or controlled by the Owner of the Property encumbered. An Institutional Lender may include, but is not limited to, a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension or profit sharing plan, mortgage company, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, an agency of the United States or any other governmental authority, or any other similar type of lender generally recognized as an institutional-type lender. For definitional purposes only, an Institutional Lender also shall mean the holder of any mortgage executed by or in favor of Declarant, whether or not such holder would otherwise be considered an Institutional Lender. 1.32 "Lot"means a subdivided lot created by a subdivision plat and designed for residential use through construction of a Home thereon. Where the context dictates or interpretation is appropriate, the term "Lot"shall be deemed herein to include Subdivision Common Areas. 1.33 "Member"means a member of the Association, as provided in this Declaration,the Articles or the By-Laws. A Builder shall be considered to be a Member with respect to any portion of the Property which such Builder may own from time to time. 1.34 "Mortgagee" means the holder of a First Mortgage or other mortgage pertaining to any portion of the Property. 1.35 "Neighborhood" means a portion of the Property which contains single-family Lots but for which a Subdivision Association has not been formed for purposes of governance thereof. The concept of a Neighborhood is designed to ensure that matters and items of common interest to a particular grouping of Lots for which expenses shall be incurred are charged to the Owners of such Lots pursuant to the Assessment process defined herein. 1.36 "Original Owner" means Millrose Properties Florida, LLC, a Florida limited liability company. Original Owner is not the Declarant hereunder. 1.37 "Owner" means any Person who from time to time holds record fee simple title to any Lot or Parcel (or any part thereof, as and to the extent applicable). A Builder who holds title to a Lot or Parcel is an Owner. 1.38 "Parcel" means a portion of the Property developed or anticipated to be developed as single family detached homes,zero lot-line detached single family homes, Townhomes,Attached Villas, or other multi-family structures, duplexes, or multi-story attached dwellings. 1.39 "Person" means any natural person or artificial entity having legal capacity. 1.40 "Property" means and refers to that certain real property identified in Article 2 hereof. 1.41 "Resident" means an occupant of a Home who is not an Owner, but occupies pursuant to a lease or other formalized arrangement with such Owner pursuant to the terms of this Declaration, including all approvals required therein. 1.42 "Rules and Regulations"means the rules and regulations adopted by the Boardpertaining to the use and operation of the Common Property and the Property, as same may be amended from time to time. For purposes of clarity, the Rules and Regulations specifically exclude the guidelines and provisions pertaining to modifications, renovations and/or reconstruction of the improvements on a Lot or Parcel (including, but not necessarily limited to, the ARC Guidelines), whether promulgated by the Board 128155526.10 5 1 6 A 2 or another party, as same are deemed not to pertain to the use and operation of the Common Property or the Property. 1.43 "Subdivision" means a grouping of Lots contained within a portion of the Property in which Owners may have common interests other than those common to other Owners and for which (a) a Subdivision Declaration has been recorded, and (b) a Subdivision Association has been formed to govern such Owners. A Subdivision may contain more than one type of residential housing and may be comprised of noncontiguous portions of the Property. There may be several different types of Subdivisions in the Community. At the onset of the Community,the Subdivisions that Declarant contemplates to develop within the Community are separate projects containing I ownhomes within a Subdivision and Attached Villas within a Subdivision, but subsequent to recording of this Declaration, additional types of Subdivisions may be developed without requirement for amendment to this Declaration. 1.44 "Subdivision Association"means a corporation,other than the Association,which has been or shall be formed pursuant to and in accordance with a Subdivision Declaration affecting a portion of the Property, and whose members consist, or will consist, of the Owners of the portion of the Property affected by such Subdivision Declaration. For purposes of this Declaration, any portion of the Property affected by any such Subdivision Declaration shall be deemed to be operated by and subject to the jurisdiction of such Subdivision Association; provided, however, that such portion of the Property shall simultaneously remain subject to the jurisdiction of the Association to the extent applicable pursuant to this Declaration. 1.45 "Subdivision Cornmon Areas" means the common areas or common properties of a Subdivision which are under a Subdivision Association's control. 1.46 "Subdivision Declaration" means any recorded deed restrictions establishing specific restrictions on and for certain portions of the Property and for which a Subdivision Association is required and has been or shall be formed to oversee and govern such affected lands. For purposes hereof, this Declaration shall not be deemed in any manner to be a Subdivision Declaration. 1.47 "Surface Water Drainage and Management System" means the system defined in Section 11.2 hereof. 1.48 "Townhome" means a multi-story Home located on a Lot which (a) is attached to one or more other Homes,and(b)contains in whole or in part at least one Party Wall(as defined in the Subdivision Declaration pertaining to such Townhome). A Townhome may or may not be a part of a Subdivision or a Neighborhood. 1.49 "Transfer of Control" means that date upon which Declarant transfers majority control of the Board as provided in Article 14 hereof. 1.50 "USFWS" means the United States Fish and Wildlife Service. 1.51 "WMD" means the South Florida Water Management District. 1.52 "WMD Permit"means the permit(s) issued by the WMD from time to time with regard to the Community (and shall be deemed to include any environmental resource permit as issued by the WMD pertaining to the Property). All definitions contained in the Governing Documents other than this Declaration are hereby incorporated into this Declaration (most specifically the definitions contained in the exhibits to this Declaration). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION; GENERAL PLAN OF DEVELOP' ENT 2.1 Subject Property. The Property which shall be held, transferred, sold, conveyed, leased, mortgaged, used and occupied subject to this Declaration is located within the County, and is more 128155526.10 6 1 6 A 2 , particularly described in the descriptions attached hereto as Exhibit A and incorporated by this reference as fully as if specifically repeated herein, together with any additions thereto and less any deletions therefrom pursuant to Article 12 hereof. 2.2 General Plan of Development. The Community may contain a variety of residential uses, together with certain recreational and other ancillary facilities, if any. As the Community is progressively developed, the Property to which this Declaration shall apply shall also progressively increase in land area. From time to time, certain portions of the Property may be developed and/or constructed by one or more Builders. 2.3 Expansion of Community. Declarant has the right, acting in its sole discretion, but not the obligation, to expand the Community from time to time by adding additional land, or t to change the number or type of Parcels, Lots, Homes, and any other residential concepts, amenities or other features of the Community. 2.4 Lonci Term Development. Some areas of the Community may be under development for extended periods of time. Incident to the development process, the quiet enjoyment of the Community may be unavoidably interfered with to some extent by the construction operations. From time to time, Declarant, Original Owner, Builders and others may present to the public or display certain renderings, plans and models showing possible future development of the Community. Declarant, Original Owner and each Builder does not warrant in any way that the schemes in these renderings, plans or models will actually be developed. Any such renderings, plans or models are primarily thematic and in no way represent a guaranteed final development plan for the Community. 2.5 Transfer Fees. In accordance with the requirements of the Existing Declaration, Declarant will establish transfer fee provisions in the deed for each residential Lot or Parcel constructed and sold within the Community that will specify that$200.00 (such amount to be adjusted periodically to account for adjustments in the Consumer Price Index, if applicable)will be deposited to the Paul J. Marinelli Fund each time that the Lot or Parcel is sold (including the initial sale and each re-sale). These funds will be used at the discretion of the fund's board of directors to conduct conservation activities to benefit the Florida panther and other wildlife. ARTICLE 3: GRASS AREAS, LANDSCAPING, TREES AND PLANTS; CONSERVATION AREAS, WETLANDS AND UPLAND BUFFERS 3.1 Grass Areas and Landscaping. 3.1.1 Maintenance Obligations. 3.1.1.1 The Association shall maintain all grass and landscaping contained within and upon the Common Property. 3.1.1.2 The Association shall undertake limited maintenance of grass areas contained within the Lots and Parcels, such maintenance consisting solely of rnowing and edging of grass areas and blowing of adjacent pavement areas. 3.1.1.3 The Owner of a Lot or Parcel shall be responsible for maintaining, repairing and replacing all shrubs, bushes and landscaping other than grass areas and trees contained within and upon such Lot or Parcel, including, but not limited to, trimming, fertilization, pest and disease control, and mulching of planting beds. 3.1.1.4 No modifications on a Lot or Parcel pertaining to grass or landscaping contained on such Lot or Parcel may be undertaken by an Owner without the express prior written approval of the ARC. 128155526.10 7 16A2 3.1.1.5 Association maintenance activities upon a Lot, a Parcel or the Common Property shall be undertaken during such hours and on such days as the Board of Directors may determine from time to time. 3.1.1.6 In the event that an act of God or other natural cause results in damage to portions of the Lot or Parcel for which the Association would ordinarily have responsibility under this Section 3.1, the Owner of such Lot or Parcel shall be solely responsible for the replacement of such damaged portions of the Lot or Parcel. 3.1.1.7 Notwithstanding the foregoing, a Subdivision Association shall maintain the landscaping and grass areas of the Lots or Parcels in the Subdivision and the Subdivision Common Areas in accordance with the Subdivision Declaration,but the Association shall be entitled, but not obligated to, enter into a contract with a Subdivision Association to perform maintenance services within and for a Subdivision. 3.1.2 Supplemental Landscaping. If an Owner desires to install additional landscaping beyond the base landscaping installed by Declarant, such Owner shall file an application with the ARC for consideration (except that replacement of landscaping with the same species of landscaping and in the same location shall not require prior ARC approval) ("Supplemental Landscaping"). Supplemental Landscaping may only be installed at the Owner's expense by a landscaping contractor approved in advance by the Association at the sole expense of the Owner. Following installation of approved Supplemental Landscaping, the Owner shall maintain such Supplemental Landscaping. 3.1.3 Landscape Replacement by Owners and Subdivision Associations. An Owner or a Subdivision Association, as the case may be, shall be solely responsible for replacing, at the Owner's sole cost and expense, any and all landscaping contained on a Lot, Parcel, or Subdivision Common Areas (including, but not limited to, shrubs, trees, palms, and sod) if such landscaping either dies or requires replacement. 3.1.4 Trees and Palms. All trees and palms contained on a Lot or Parcel shall be solely maintained and cared for by the Owner of such Lot or Parcel(as used in this sentence,the term"cared for" shall include, but shall not be limited to, all fertilizing, spraying with insecticides, and trimming and pruning of trees and palms). 3.1.4.1 The Owner shall remove diseased or dead trees or palms and trees or palms needing to be removed to promote the growth of other landscaping or for safety reasons, and such removal may be conditioned upon replacement of removed trees or palms. Other than as provided above, the Owner shall not remove any trees or palms, other than citrus trees as noted hereinbelow. 3.1.4.2 For purposes of clarity,whether on a Lot, Parcel or in a right-of-way,trees or palms bordering the pavement edge of the roadways (street trees) as installed by Declarant throughout the Property will be maintained by the Owner, including trimming and fertilization. 3.1.4.3 Prohibition Against Citrus and Other Fruit Trees in the Community; Landscaping Decontamination Requirements. No "citrus tree" (defined for purposes of this Section as a tree or bush bearing citrus fruit) shall be permitted to be contained in the Community, based upon the historical, current and ongoing difficulties in the state of Florida with citrus canker and the fact that the only method for eradicating citrus canker is to wholly eradicate all citrus species in a community. Further, all other types of"fruit trees"(defined to include, but not necessarily be limited to, mango, papaya and banana trees) are prohibited within the Community, based upon the potential for disease and rodent issues. Such prohibition against citrus trees and fruit trees shall apply both to citrus trees and fruit trees planted in the ground or any planter, pot or other decorative feature. Any and all outside landscaping installation and maintenance contractors shall be required to comply with any decontamination procedures determined by the Board, in its sole discretion, to be reasonably necessary and warranted. In the event there are citrus trees and/or fruit trees located within the Community prior to the recordation of this Declaration, no Owner or Resident shall be permitted to harvest any fruit from such trees. The Association shall have all right, 128155526.10 8 16A2 power and authority to cut down and/or remove any and all citrus trees and fruit trees located in the Community, whether located on the Common Property, a Lot, property contained within a Subdivision or a Parcel. The Association shall have the power to levy a Specific Assessment against an Owner who plants or otherwise places a citrus tree or fruit tree on any portion of the Property. 3.1.4.4 No Owner shall undertake any actions to remove or install trees or palms without the prior written approval of the ARC. 3.1.5 Container Plants. Notwithstanding anything herein to the contrary, an Owner may maintain a reasonable number of plants in pots or containers that are not installed in the ground but on lanai or patio areas ("Container Plants"). Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that (a) Container Plants are and shall be maintained, repaired and replaced at Owner's sole risk, cost and expense in accordance with the Community Wide Standards; and (b)the Association is unable to guarantee the safety or protection of Container Plants from toxic spray/fertilizers that may be needed from time to time in connection with the Association's maintenance duties hereunder. 3.1.6 Plantings Adjacent to Boundary Walls. No plantings may be installed and maintained in lands adjacent to any Boundary Walls (as defined hereinafter) except as permitted by the ARC in accordance with the ARC Guidelines for Supplemental Landscaping. 3.1.7 Conservation Areas, Wetlands and Upland Buffers. 3.1.7.1 Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that a Lot, Parcel or Subdivision Common Areas may contain or may be adjacent to wetland preservation or mitigation areas and upland buffers which are protected by conservation easements and such areas may not be altered from their natural or permitted condition. 3.1.7.2 The District shall maintain, repair and replace all conservation areas and wetlands which are owned by the District or which are otherwise the responsibility of the District. Such activities shall be performed by the District in accordance with the WMD Permit or respective easement requirements. 3.1.7.3 The Association shall maintain, repair and replace all upland buffer areas which are or shall be owned by the Association or which are otherwise the responsibility of the Association. Such activities shall be performed by the Association in accordance with the WMD Permit or respective easement requirements. 3.1.7.4 The District and/or the Association (as applicable) may remove exotic or nuisance vegetation or restoration in accordance with an approved restoration plan included in a conservation easement or the WMD Permit. Exotic vegetation may include, but is not limited to, rnelaleuca, Brazilian Pepper,Australian Pine, and Japanese Climbing Fern or any other species currently listed by the Florida Exotic Pest Council. Nuisance vegetation may include, but is not limited to, cattails, primrose willow and grape vine. 3.1.7.5 The District and the Association (to the extent of their applicable responsibilities) shall take all action necessary to enforce the conditions of any conservation easement on the Property and any WMD Permit. 3.2 Limitations on Amendment. The provisions of this Article 3 shall not be amended except by (a) Declarant solely pursuant to Declarant's amendment rights outlined in Article 22 hereof; or (b) the affirmative vote of 67% of the total eligible voting interests in the Association and Declarant for so long as Declarant owns any portion of the Property. At such time as Declarant no longer owns any portion of the Property, this Section 3.3 is amendable pursuant to the general amendment provisions of this Declaration. 128155526.10 9 16A2 ARTICLE 4: COMMON PROPERTY 4.1 Appurtenances. The benefit of all rights and easements granted by this Declaration with regard to the Common Property constitute a permanent appurtenance to, and will pass with, the title to every portion of the Property enjoying such benefit. Whenever any such rights or easements are described as non-exclusive by this Article, its benefit nevertheless is exclusive to all Owners and other Benefited Parties granted such benefit by this Article, unless this Article expressly grants such benefit to other Persons. In no event will the benefit of any such easement extend to the general public. 4.2 Conveyance by Declarant. Declarant shall have the right to convey title to any portion of the Property, or any easement or interest therein, to the Association as Common Property, and the Association shall be required to accept such conveyance. Any such conveyance shall be effective upon recording the deed or instrument of conveyance in the public records of the County. Notwithstanding the foregoing, Declarant shall not have the obligation to develop and/or convey any portion of the Property to the Association as Common Property, and if Declarant desires to convey any portion of the Property to the Association, the timing of the conveyance shall be in the sole discretion of Declarant. 4.3 Conveyance by any Person. Any Person other than Declarant may convey title to any portion of the Property, or any easement or interest therein, to the Association as Common Property, but the Association shall not be required to accept any such conveyance, and no such conveyance shall be effective to impose any obligation for the maintenance, operation or improvement of any such property upon the Association, unless the Board expressly accepts the conveyance by having an officer of the Association acknowledge such acceptance on the deed or other instrument of conveyance or by recording a later written acceptance of such conveyance in the public records of the County. 4.4 Use and Benefit. All Common Property owned or leased by Association shall be held by the Association for the use and benefit of the Association, the Benefited Parties, and any other Persons authorized to use t the Common Property or any portion thereof by Declarant or the Association. All Common Property shall be used for all proper and reasonable purposes and uses for which the same are reasonably intended, subject to(a)the terms of this Declaration, (b)the terms of any easement, restriction, reservation or limitation of record affecting the Common Property or contained in the deed or instrument conveying the Common Property to the Association, and (c) any rules and regulations adopted by the Association. The Association may restrict use of any portion of the Common Property when the nature of such property is not intended for the use of some of the Benefited Parties or may restrict the type of use or times of use in any way deemed appropriate by the Board. An easement and right for such use of the Common Property is hereby created in favor of all Benefited Parties, appurtenant to the title to their portion of the Property, subject to any Rules and Regulations. In addition, (x) Declarant shall have the right, in its sole discretion, to permit access to and use of the Common Property to and by individuals other than as so described herein for so long as Declarant owns any portion of the Property, and (y) Declarant retains and reserves the right to grant easements and rights of way in, to, under and over the Common Property so long as Declarant is a member of the Association for such purposes as Declarant shall reasonably deem necessary or helpful in connection with the development, sale or operation of the Community. 4.5 Additions, Alterations or Improvements. 4.5.1 On or before Transfer of Control. On or before Transfer of Control,the Association shall have the right to make additions, deletions, alterations or improvements to the Common Property (if any)and to purchase any personal property as it deems necessary or desirable from time to time. The cost and expense of any such additions, deletions, alterations or improvements to the Common Property, or the purchase of any personal property, shall be a Common Expense. 4.5.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, the Association shall have the right to make additions, alterations or improvements to the Common Property, and to purchase any personal property as it deems necessary or desirable from time to time; provided, however, that the approval of a majority of the Members present in person or by proxy at a duly called meeting of the Association shall be required for any addition, alteration or improvement, or any purchase 128155526.10 10 I 6 A 2 _ of personal property, for which the annual expense exceeds 10% of the Annual Budget (as defined hereinafter) in effect at the time the addition, alteration, improvement or purchase is contemplated by the Association. The foregoing approval shall in no event be required with respect to expenses incurred in connection with the maintenance, repair or replacement of existing Common Property, or any existing improvements or personal property associated therewith, or with respect to any property being conveyed to the Association by Declarant. The cost and expense of any such additions, alterations or improvements to the Common Property, or the purchase of any personal property, shall be a Common Expense. 4.5.3 Declarant Alterations. So long as Declarant owns any portion of the Property, Declarant shall have the right to make any additions, alterations or improvements to the Common Property, or'to amend the description of the Common Property, as may be desired by Declarant in its sole discretion from time to time, at Declarant's expense. 4.6 Dedications. Declarant hereby reserves the right to dedicate, grant or convey any portion of the Property owned by it, or any interest or easement therein, to any Governmental Entity or private or public utility company. Declarant also shall have the right to direct the Association to likewise dedicate, grant or convey any Common Property, or any interest or easement in any Common Property, owned by the Association whereupon the Association shall execute such documents as will be necessary to effectuate such dedication; provided, however, that this right of Declarant shall terminate when Declarant either is no longer a Member or has duly executed and recorded in the public records of the County a notice releasing and waiving this right, whereupon the right shall be vested solely within the Association.Any portion of the Property, or any interest or easement therein, which is dedicated, granted or conveyed pursuant to this provision shall not be subject to this Declaration, unless the instrument so dedicating,granting,or conveying such portion of the Property, interest or easement specifically provides that same shall remain subject to this Declaration. 4.7 Association Rights as to Common Property. The rights and easements of the Benefited Parties and, in general, the use of the Common Properties shall be subject to the following: 4.7.1 The right of the Association to limit the use of the Common Properties. 4.7.2 The right of the Association to suspend the enjoyment rights of an Owner, if and up to the maximum extent permitted by law, for any period during which any Assessment remains unpaid, or for any infraction of the Rules and Regulations, and the ARC Guidelines (to the extent that 'the Association has the power to enforce such ARC Guidelines) or this Declaration. 4.7.3 The right of the Association to dedicate or transfer all or any part of the Common Property owned by the Association to any Governmental Entity or public or private utility for purposes associated with such entities. No such dedication or transfer shall be effective unless the Members entitled to cast at least 67% of the total eligible Class A voting interests and 100% of the Class B voting interests agree to such dedication or transfer; provided, however, that this paragraph shall not preclude (a) the Association,on or before Transfer of Control pursuant t to Section 14.1 hereof,'from dedicating or transferring all or any portion of the Common Property owned by the Association to any public agency, authority or utility for such purposes without the consent of the Owners; (b) the Board of Directors from granting specific easements for the installation and maintenance of electrical, telephone, special purpose cable for television and other uses, water and sewer, fire protection, trash collection and utilities and drainage facilities and other utilities or services of the like, upon,over, under and across the Common Property without the consent offthe Members; or(c) prevent Declarant'from granting such specific easements with regard to any portion of the Property owned by Declarant, including any Common Property,without the consent of the Members. 4.7.4 The right of the Association to impose reasonable Rules and Regulations with respect to the use of the Common Properties in addition to those set forth herein. 4.7.5 The restrictions and conditions of any applicable zoning ordinance or development order, or any other regulation, rule or statute. 128155526.10 11 16A2 4.8 Extension of Rights and Benefits. Every Owner shall automatically have the rights and easements of enjoyment vested in him under this Article extended to each of the applicable Benefited Parties, and to such other persons as may be permitted by the Association. 4.9 Lease and Operation. The Association shall have the right to enter into agreements for the lease or operation of all or a portion of the Common Property, whether or not for profit. 4.10 Maintenance Agreements. Declarant, and after Declarant no longer owns any portion of the Property, the Association, shall have the right to enter into agreements for lease, use, license, maintenance or easement with any Governmental Entity or public or private utility in order to obligate the Association to maintain and/or upkeep certain real property not owned by Declarant or the Association and which may or may not constitute a portion of the Property, including, without limitation, any roads, right-of-ways, medians, swales and berms. All expenses to the Association resulting from any such agreements shall be Common Expenses. 4.11 Mortgage and Sale of Common Property. Unless in connection with a specific provision of this Declaration, the Association shall not abandon, partition, subdivide, encumber, mortgage, sell or transfer any Common Property owned by the Association without the approval of at least 67% of the total Class A voting interests eligible to vote and all of the Class B votes. If ingress or egress to any portion of the Property is through any Common Property,any conveyance or encumbrance of such Common Property shall be subject to an appurtenant easement for ingress and egress in favor of the Owner(s)of such portion of the Property, unless alternative ingress and egress is provided to the Owner(s). ARTICLE 6: NON-RESIJ ENTIAL ACTIVITIES 5.1 General Exclusion for Non-Residential Activities. No non-residential (i.e., commercial) activity of any nature shall be permitted on the Property, except as specifically provided in this Article or otherwise specifically stated in other portions of this Declaration. 5.2 Specific Exemptions for and Reserved Rights to Declarant. Until such time as Declarant no longer owns any portion of the Property, Declarant shall be entitled to: 5.2.1 develop and construct Homes and residential improvements in the Community as it deems necessary or desirable from time to time, and to modify the general plan of development as Declarant desires in its sole discretion from time to time; 5.2.2 conduct any and all sales and marketing activities deemed necessary or desirable in Declarant's sole discretion for the sale and resale of the Lots and Parcels or residential properties in other communities being developed by Declarant or its related entities; 5.2.3 construct on any portion of the Common Property or any lands owned or leased by Declarant portable, temporary or accessory structures to be used for Declarant's sales, marketing, construction or general office purposes or as may be otherwise deemed necessary or desirable in Declarant's sole discretion; 5.2.4 allow guests or potential purchasers of a Lot or Parcel to occupy on a short-term, temporary or guest basis a Home owned or leased by Declarant (so as to further Declarant's sales and marketing activities); 5.2.5 conduct tours of the Community to any persons as desired by Declarant; 5.2.6 conduct commercial enterprises on the Property as deemed necessary or desirable by Declarant; 128155526.10 12 1 6 A 2 5.2.7 construct, maintain and use maintenance facilities and buildings as may be needed from time to time for the proper operation of the Community and to permit the Association to perform its duties hereunder; 5.2.8 temporarily deposit, store, dump or accumulate materials, trash, refuse and rubbish in connection with the development or construction of any portion of the Community; 5.2.9 post, display, inscribe or affix to the exterior of any portion of the Common Property, or other portions of the Community owned by Declarant, signs or other materials used in developing, constructing, selling or promoting the sale of any portion of the Community, including, without limitation, Lots and Parcels; 5.2.10 excavate fill from any lakes or waterways within and/or contiguous to the Community by dredge or dragline or any other method, store fill within the Community and remove and/or sell excess fill, and grow or store plants and trees within, or contiguous to, the Community and use and/or sell excess plants and trees; 5.2.11 construct, maintain and use buildings and offices necessary for the management of the Community and the Association by a related or third party property management company; 5.2.12 undertake, promote and hold marketing, promotional and/or special events within the Community from time to time as deemed or desirable by Declarant in its sole discretion; 5.2.13 utilize the Common Property for: 5.2.13.1 corporate, sales, marketing and management activities, including, but not limited to, installation of displays and signs and utilization of office and other areas within the Common Property by Declarant's employees or other authorized personnel; and 5.2.13.2 commercial enterprises which are deemed necessary and desirable by Declarant in its sole discretion from time to time; and 5.2.14 undertake any other activities which, in the sole opinion of Declarant, are necessary for the promotion, development and sale of any portion of the Community or any other projects owned or developed by Declarant or its affiliated entities. 5.3 Specific Exemptions for and Reserved Rights to Builders. With respect to portions of the Property owned by a Builder, such Builder shall be entitled to: 5.3.1 develop Lots and Parcels and construct Homes and residential improvements thereon; 5.3.2 conduct any and all sales and marketing activities deemed necessary or desirable in such Builder's sole discretion for the sale of the Lots and Parcels owned by the Builder; 5.3.3 construct on any Lot or Parcel owned by such Builder portable, temporary or accessory structures to be used for such Builder's sales,marketing,construction or general office purposes; 5.3.4 allow guests or potential purchasers of a Lot or Parcel to occupy on a short-term, temporary or guest basis a Home owned or leased by such Builder(so as to further such Builder's sales and marketing activities); 5.3.5 conduct tours of the Community to any persons as desired by such Builder; 128155526.10 13 1 6 A 2 , 5.3.6 temporarily deposit, store, dump or accumulate on a Lot or Parcel owned by such Builder materials, trash, refuse and rubbish in connection with the development or construction of any Lot or Parcel owned by such Builder; 5.3.7 post, display, inscribe or affix to any portion of a Lot or Parcel owned by such Builder signs or other materials used in developing, constructing, selling or promoting the sale of any Lot or Parcel owned by such Builder; and 5.3.8 undertake, promote and hold marketing, promotional and/or special events on any Lot or Parcel owned by such Builder from time to time as deemed or desirable by such Builder in its sole discretion. ARTICLE 6: USE AND ARCHITECTURAL RESTRICTIONS 6.1 General Applicability of this Article to the Property. All use and development of the Property shall conform to the provisions of this Declaration and any other restrictive covenants recorded against all or a portion of the Property, as may be amended from time to time. The Property shall be used only for residential single-family and related purposes. A Lot or Parcel shall not be utilized for"collective housing" of employees directly or indirectly related to a business entity or its affiliates. Examples of collective housing shall include, but shall not necessarily be limited to, housing utilized for construction workers, restaurant and bar employees, student housing, food service industry employees, and allied health professionals. Additional covenants imposed on that portion of the Property within any Subdivision Association by a Subdivision Declaration may impose stricter standards than those contained in this Article. The Association, acting through its Board of Directors, shall have standing and the power to enforce standards imposed by the Declaration, Subdivision Declarations, arid each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and consents, and shall be deemed to have acknowledged and consented, to the Association's powers under this Declaration, including specifically this Article 6. 6.2 Specific Exemption for Declarant. Notwithstanding anything to the contrary herein, Declarant and each Builder shall be exempt from application of the terms and provisions of this Article so long as it owns any portion of the Property. This Section 6.2 may not be amended without the prior written consent of Declarant for so long as Declarant owns any Lot or Parcel. 6.3 Article 6 Provisions Not Comprehensive. This Article contains provisions and restrictions which permit or prohibit certain conduct or uses and which may require certain permitted uses to be approved by the ARC pursuant to this Declaration. The provisions and restrictions of this Article are illustrative only and shall in no event be deemed a comprehensive list of items subject to approval hereunder. 6.4 Rules and Regulations. The Association, acting through its Board of Directors, shall have the authority to make and to enforce reasonable Rules and Regulations which provide standards governing the use of the Property, in addition to those contained herein. 6.5 Owners and Authorized Users Bound; Owner's Liability. 6.5.1 In General. Use restrictions shall be binding upon all Owners and Authorized Users of Lots and Parcels and other portions of the Property. All provisions of the Governing Documents and the ARC Guidelines which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Authorized Users. Every Owner shall cause his or her Authorized Users to comply with the Governing Documents and the ARC Guidelines, and shall be responsible for all violations and losses to the Property caused by such Authorized Users, notwithstanding the fact that such Authorized Users are fully liable and may be sanctioned for any violation of the Governing Documents and/or the ARC Guidelines. 6.5.2 Right to Cure. Should any Owner do any of the following: 128155526.10 14 16A2 _ 6.5.2.1 Fail to perform its responsibilities as set forth herein or otherwise violate or breach the provisions of the Governing Documents or the ARC Guidelines; or 6.5.2.2 Cause any damage to any improvement or to any portion of the Property or the Common Property; or 6.5.2.3 Impede Declarant, a Builder or the Association from exercising its rights or performing its responsibilities hereunder, including obligations under any applicable permits; or 6.5.2.4 Undertake unauthorized improvements or modifications to any portion of the Property or the Common Property; or 6.5.2.5 Impede Declarant from proceeding with or completing the development of the Community, or a Builder from developing and completing a home on a Lot or Parcel. Declarant and/or a Builder and/or the Association, where applicable, after reasonable prior written notice, shall have the right, through its agents and employees, to cure such violations or breaches, including, but not limited to, by entering upon the Home and/or Lot or Parcel and causing the violation or breach to be remedied and/or the required repairs or maintenance to be performed, or as the case may be, remove unauthorized improvements or modifications. The cost of curing such violations or breaches, plus reasonable overhead costs and attorneys' fees and paraprofessional fees a't all levels, including appeals, collections and bankruptcy, shall be assessed against the Owner as a Specific Assessment. 6.5.3 Non-Monetary Defaults. In the event of a violation or breach by any Owner, other than the nonpayment of any Assessment or other monies, of any of the provisions of this Declaration, Declarant or the Association shall notify the Owner of the violation, by written notice. If such violation is not cured as soon as practicable and in any event within 7 days after receipt of such written notice, the party entitled to enforce same may, at its option: 6.5.3.1 Commence an action to enforce the performance on the part of the Owner or to enjoin the violation or breach or for equitable relief as may be necessary under the circumstances, including injunctive relief; and/or 6.5.3.2 Commence an action to recover damages; and/or 6.5.3.3 Take any and all actions reasonably necessary to correct the violation or breach. All expenses incurred in connection with the violation or breach,or the commencement of any action against any Owner, including reasonable attorneys'fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy, shall be assessed against the Owner as a Specific Assessment, and shall be immediately due and payable without further notice. 6.5.4 No Waiver. The failure to enforce any right, provision, covenant or condition in this Declaration, shall not constitute a waiver of the right to enforce such right, provision, covenant or condition in the future. 6.5.5 Rights Cumulative. All rights, remedies, and privileges granted to Declarant, the Association and/or the ARC pursuant to any terms, provisions, covenants or conditions of this Declaration, or the ARC Guidelines, shall be deemed to be cumulative, and the exercise of any one or more of same shall neither be deemed to constitute an election of remedies, nor shall it preclude any of them from pursuing such additional remedies, rights or privileges as may be granted or as it might have by law. 6.5.6 Enforcement By or Against Other Persons. 128155526.10 15 16A2 6.5.6.1 In addition to the foregoing, this Declaration or t the ARC Guidelines may be enforced by Declarant, the Original Owner, a Builder and/or, where applicable, the Association by any procedure at law or in equity against any person violating or attempting to violate any provision herein or contained in the ARC Guidelines, to restrain such violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein or in the ARC Guidelines. The expense of any litigation to enforce this Declaration or the ARC Guidelines shall be borne by the person against whom enforcement is sought, provided such proceeding results in a finding that such person was in violation of this Declaration or the ARC Guidelines. 6.5.6.2 So long as the Original Owner owns any portion of the Property, the Original Owner shall have the right to enforce any of the provisions of this Declaration, the Articles and the By-Laws that are intended to be for the benefit of the Original Owner. However, none of the provisions of this Declaration shall obligate or be construed to obligate Declarant, or the Original Owner, or their respective agents, representatives or employees, to undertake any affirmative action to enforce the provisions of the Governing Documents or to undertake any remedial or corrective action with respect to any actual or asserted violation hereof or thereof. 6.5.7 Suspensions and Fines. 6.5.7.1 In the event an Owner is more than 90 days delinquent in the payment of a monetary obligation due to the Association, the Board shall have the power, but not the duty, to suspend (i)the right of an Owner, such Owner's tenant, guest, or invitee, and a Resident to use Common Property or facilities, and (ii) the voting rights pertaining to a Lot or Parcel (the vote pertaining to such suspended Lot or Parcel shall not be counted towards the total number of voting interests as specified in the Act). The notice and hearing requirements applicable to suspension of rights in Section 6.5.7.2 hereof are not applicable to this Section 6.5.7.1. Any imposed suspension pursuant to this Section 6.5.7.1will end upon full payment of all obligations currently due or overdue to the Association. 6.5.7.2 Separate and apart from, but not in a manner inconsistent with, Section 6.5.7.1 hereof, the Association shall have the power to suspend, for a reasonable period of time, 'the rights of an Owner and/or such Owner's tenants, guests or invitees and/or the Authorized Users of a Lot or Parcel to use the Common Property, and to levy reasonable fines against same not to exceed the greater of $1,000.00 per violation or the maximum amount allowed under the Act for activities which violate the provisions of the Governing Documents and the ARC Guidelines(to the extent that the Association has'the power to enforce such ARC Guidelines). No fine or suspension (other than suspensions due'to a monetary obligation delinquency of more than 90 days pursuant to Section 6.5.7.1 hereof) may be imposed except upon 14 days prior written notice'to the person sought to be suspended or fined, and such person having an opportunity for a hearing before a committee of at least 3 Owners of the Association selected solely by the Board. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, and fines of a continuing nature may be charged up to a maximum of$10,000. A fine of more than$1,000 may become a lien against'the Lot or Parcel. Such committee shall be appointed by the Board and shall not be composed of any officers, directors or employees of the Association, nor any spouse, parent, child, brother or sister of any officer, director or employee. No fine or suspension (other than suspensions due to a monetary obligation delinquency of more than 90 days pursuant to Section 6.5.7.1 hereof) may be imposed except upon majority approval of the Owners of such committee. Suspension of rights to use the Common Property shall not include any right to restrict vehicles and pedestrians ingress and egress to and from the applicable Lot or Parcel. The voting rights of an Owner may not be suspended by'the Association (other than suspensions due to a monetary obligation delinquency of more than 90 days pursuant to Section 6.5.7.1 hereof). 6.6 Parkinq and Vehicular Restrictions. 6.6.1 Location of Parkinq. 6.6.1.1 No vehicle shall be parked anywhere but on paved areas intended for that purpose. 128155526.10 16 16A2 6.6.1.2 Parking on lawns or landscaped areas is prohibited, unless specifically approved or designated by the Board for such purpose. 6.6.1.3 Owners'vehicles shall be parked in the garage or driveway of or pertaining to a Lot or a Parcel. In no manner shall an Owner's vehicles block or impede, in whole or in part,a sidewalk. 6.6.1.4 No parking shall be permitted on any street or alleyways contained within the Community between the hours of 12:00 a.m. and 6:00 a.m. The foregoing restriction shall not be applicable to street parking in designated areas specifically contemplated for vehicular parking. 6.6.1.5 No vehicle shall be permitted to park overnight within the Community which cannot be parked within the size of a private parking garage with the garage door closed. 6.6.2 Number of Vehicles. No more than 2 vehicles of any type may be parked overnight in the driveway of a Lot which contains a 2 car garage, and no more than 3 vehicles of any type may be parked overnight in the driveway of a Lot which contains a 3 car garage, without the written consent of the Association. 6.6.3 Unlicensed Vehicles. No unlicensed vehicle or vehicle which cannot operate on its own power shall remain in the Community for more than 12 hours, except as contained within (a) the closed confines of the garage of or pertaining to a Lot or Parcel, or(b)the closed confines of parking areas or garages contained within a Subdivision, as the case may be. 6.6.4 Repairs. No repair, except for emergency repair, of vehicles shall be made within the Community, except within (a)the closed confines of the garage of or pertaining to a Lot or Parcel, or (b) the closed confines of parking areas and garages contained within a Subdivision, as the case may be. 6.6.5 Commercial Vehicles. 6.6.5.1 No "commercial vehicle" (i) shall be permitted to be parked in the Community for a period of more than 4 hours per day unless such commercial vehicle is temporarily present and necessary in the actual construction, maintenance or repair of a Home, Lot or Parcel or other improvements in the Community,or(ii)shall be permitted to be parked overnight or stored in the Community unless fully enclosed within a garage. Any local, state or federal government vehicle which is clearly so identified that is assigned to an Owner shall be exempt from this Section 6.6.5.1. 6.6.5.2 For purposes of clarity, no Owner, Resident or Authorized User shall be permitted to park a limousine or like vehicle upon any portion of the Property, regardless of whether or not such limousine or like vehicle is intended by such Owner or Resident to be that person's primary vehicle and mode of transportation. 6.6.5.3 For the purposes of this Declaration,"commercial vehicle"means a vehicle which is determined by the Association to be for a commercial purpose(and the Association shall take into consideration, among other factors, lettering, graphics or signage located on or affixed to the exterior of the vehicle which identifies a business or commercial enterprise, but the existence of such lettering, graphics or signage shall not be dispositive). 6.6.6 Prohibited Vehicles and Uses. No boats, jet skis, wave runners, boat trailers, trailers of any kind, campers, motor homes, mobile homes, truck campers, mopeds, buses, limousines or other like vehicles shall be permitted to be parked in the Community unless (a) kept at all times fully enclosed within a private parking garage with the garage door shut at all times except for periods of ingress and egress, or(b) parked in an area designated by Declarant for such purposes. No vehicle shall be used as a domicile or residence, temporarily or permanently. 128155526.10 17 1 6 A 2 6.6.7 Low Speed Vehicles. "Low Speed Vehicles" (as defined in Section 320.01(41), F.S.) shall be permitted within the Community, provided that(a)the Florida Department of Transportation has not made a determination that the use of Low Speed Vehicles on and within the roadways of the Community is prohibited based upon the interests of safety; (b) the owner and/or operator of such Low Speed Vehicle complies with all governmental requirements, including, but not limited to, the requirements of Section 316.2122, F.S.; (c) the Low Speed Vehicle is only utilized on roadways intended for use by automobiles, and shall not be utilized on any other portion of the Common Property, including, but not limited to, sidewalks, pathways and grass areas; (d)the Low Speed Vehicle shall be kept on a Lot or Parcel at all times fully enclosed within a private parking garage with the garage door shut at all times except for periods of ingress and egress; (e)the owner or operator of a Low Speed Vehicle shall register such vehicle with the Association in accordance with applicable Rules and Regulations; and (f)the owner or operator of a Low Speed Vehicle shall comply with any additional applicable Rules and Regulations. 6.6.8 Exemptions. In addition to any other exemptions from the provisions of this Section 6.6 stated otherwise, this Section does not apply to vehicles utilized for sales, construction or maintenance operations of or by Declarant, the Original Owner, any Builder or the Association. 6.6.9 Amendments to this Section. No amendment or modification to this Section 6.6 shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. The Association may, but shall not be obligated to, promulgate rules and regulations and clarify the provisions and objectives of this Section 6.6. 6.6.10 Garage Doors. The garages for all Homes on Lots or Parcels shall be equipped with automatic garage doors. Owners shall generally keep the garage doors closed except when required for ingress and egress to and from the garage. Garage screen doors are not permitted in any fashion, based upon the declared intent to maintain a proper aesthetic within the Community. 6.7 Driveways. No driveway surface shall be repaired, replaced or reconstructed except in a manner and with material consistent with the original construction of the driveway, and any such activities may not occur without the prior written approval of the ARC. 6.8 Traffic Regulation. The Association may, but shall not be obligated to, employ individuals, enter into one or more agreements to enforce rules and regulations concerning operation of motorized vehicles, parking restrictions and to otherwise provide a more enjoyable environment, on the internal roads of the Community. 6.9 Animals and Pets. 6.9.1 Number of Pets. No more than a total of 3 commonly accepted household pets (such as dogs and cats) may be kept within or upon a Lot or Parcel, except that pets that are of a known breed to be vicious as determined by the local municipality) are not permitted. Notwithstanding the preceding sentence, with regard to a Subdivision, the terms of the Subdivision Declaration shall set forth any restrictions on pets for that particular portion of the Community, but in no event shall any such Subdivision Declaration be more permissive than the provisions of this Section 6.9.1. The lack of any restrictions on or provisions governing the existence of animals and pets in a Subdivision Declaration as originally recorded shall mean that the Lots or Parcels contained within such Subdivision are subject to the provisions of this Section 6.9. 6.9.2 Prohibited Animals. Swine, goats, horses, pigs, cattle, sheep, chickens, and the like, are hereby specifically prohibited from being kept or maintained within the Community. Animals,fowl, birds and reptiles which are deemed by the Board to be obnoxious are prohibited. The determination of what is or what may be obnoxious shall be determined by the Association in its sole discretion. No animal breeding or sales as a business shall be permitted in the Community. 128155526.10 18 16A2 6.9.3 Prohibited Actions. No pet or animal shall be kept on the exterior of a Home, Lot or Parcel, or upon the Common Property, or left unattended in a yard or on a balcony, porch, patio or lanai. All pets(including cats)shall be walked on a leash when outside of the physical boundaries of a Home,and no pet shall be permitted to be kept outside of the boundaries of a Home while such pet's owner is away from the Home or overnight (meaning that no pet shall be permitted to sleep outside of the physical boundaries of a Home). No pet shall be permitted to leave its excrement on any portion of the Property, and the owner of such pet shall immediately remove the same. 6.9.4 Nuisance. A determination by the Board that an animal or pet kept or harbored in a Home, Lot or Parcel is a nuisance shall be conclusive and binding on all parties. When notice of removal of any pet is given by the Board, the pet shall be removed within 48 hours of the giving of the notice. 6.9.5 Limitations on Amendment. No amendment to this Section 6.9 shall be permitted except upon the prior written consent of Declarant for so long as Declarant owns any lands contained within the Community. 6.9.6 Agreement of Owners. Each Owner, by virtue of taking'title to a Lot or Parcel,shall indemnify the Association, Declarant and Original Owner and hold them harmless from and against any loss or liability of any kind or character whatsoever arising from such Owner's having any pet upon any portion of any property subject to this Declaration. 6.9.7 Rules and Regulations. The Association shall have 'the power and right to promulgate rules and regulations in furtherance of the provisions of this Section, including, but not limited to, weight limitations, the number of pets and breeds of pets. 6.9.8 Securing and Vaccinating Pets. Pets within the Community shall be kept indoors and kept on a leash when outdoors. Residents will be informed that vaccinating cats for feline leukemia virus (FLV) can prevent disease transmission from house cats'to Florida panthers.As there is no definitive cure for FLV, Community-wide vaccination of all pet cats protects Owner's pets from illness, as well as preventing illness in Florida panthers. 6.10 Nuisances; Hazardous Materials. No noxious or offensive activity shall be conducted upon any portion of the Property, nor shall anything be done thereon which may become an annoyance or nuisance to the Community or its members. No inflammable, combustible or explosive fluid or chemical substance shall be kept on any portion of the Property except such as are required for normal household use, and same shall be kept within a Home or upon a Lot or Parcel. 6.11 Trash; Garbage Containers; Recycling Containers. 6.11.1 No portion of the Property shall be used or maintained as a clumping ground for rubbish. 6.11.2 All trash, garbage or other waste shall be solely maintained in sanitary containers, and all such containers shall be kept in a clean and sanitary condition. If provided by a service provider, containers to hold recycling and garbage shall be utilized by each Owner. If recycling and garbage containers are not provided by a service provider, the Association shall issue specifications for acceptable containers. Notwithstanding any provision herein to 'the contrary, all containers for trash and/or recycling shall have lockable tops and openings that are rated to prevent opening by bears and other like animals. 6.11.3 With regard to all Homes, all trash containers shall be stored in the garage of or pertaining to a Home, and all trash containers shall be taken to curbside in front of the Home not earlier than 6:00 a.m. on the morning of to the day of collection and returned to their area of storage not later than 6:00 p.m. of the day on which trash was collected. 128155526.10 19 1 6 A 2 6.11.4 An Owner shall be permitted to store such sanitary containers, as well as recycling containers, in an area located on the exterior of the Home, provided that such area shall be closed with screening or landscaping in a manner specified by the ARC (and in any event no Owner shall undertake such storage on the exterior of a Home without the prior written consent of the ARC). 6.12 Satellite Dishes. Satellite dishes, aerials, antennas and all lines and equipment related thereto located wholly within the physical boundaries of a Home shall be permitted without any requirement for approval from the Board of Directors. Satellite dishes, aerials and antennas (including, but not limited to, ham radio antennas)shall not be permitted on the non-enclosed dwelling portions of the Property except to the extent required to be permitted by applicable law (including, but not limited to, the Federal Telecommunications Act of 1996). The Association shall have the right and authority, in its sole discretion and from time to time, to promulgate rules and regulations, provided same are not violative of federal law, concerning the size and location of, and safety restrictions pertaining to, the installation of such signal reception equipment. To the extent permitted by applicable law, satellite dishes shall be required to be hidden from view from adjacent lands through location and landscaping techniques. Notwithstanding any provision to the contrary, only antennae, aerials and satellite dishes which are designed to receive signals shall be permitted (i.e., no antennae and satellite dishes which broadcast a signal shall be permitted)on a Lot or Parcel. The preceding sentence shall be deemed inapplicable to the Association, which, in its discretion and from time to time, shall have the power, right and ability to erect or install any satellite dish, aerial or antenna or any wireless networking devices and facilities for purposes of disseminating information to the Owners or for access control and monitoring purposes. 6.13 Energy Conservation Devices. The ARC must approve all solar panels/collectors and other energy conservation equipment prior to installation of such equipment on a Home, Lot or Parcel. All solar heating apparatus must conform to the standards set forth in the HUD Intermediate Minimum Property Standards Supplement, Solar Heating, and Domestic Water Systems, or other applicable Governmental Entity regulations and/or ordinances. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed unless it is an integral and harmonious part of the architectural design of a structure,as reasonably determined by the ARC. No solar panel,vents, or other roof-mounted, mechanical equipment shall project more than 1.0 feet above the surface of the roof of a Home, and all such equipment, other than solar panels, shall be painted consistent with the color scheme of the portion of the Home for which such equipment is installed. This provision is not intended to prohibit the use of energy conservation devices. 6.14 Division of Lands; Prohibition Against Timesharing. No Lot or Parcel or Parcel shall be subdivided or its boundary lines changed except by Declarant as to the Lots or Parcels owned by Declarant and otherwise except with the prior written approval of the Board of Directors. The Board may permit a division in ownership of any Lot or Parcel intended for a single family residence as shown on a plat, but solely for the purpose of increasing the size of the adjacent Lots or Parcels. Declarant hereby expressly reserves the right to replat any Lots or Parcels owned by Declarant. Any such division, boundary line change, or replatting shall not be in violation of the applicable Governmental Entity subdivision and zoning regulations. No portion of the Property shall be made subject to any type of timeshare program, interval ownership, vacation club or similar program (except for hotel or short-term lodging purposes by Declarant, the Original Owner or a Builder to the extent permitted hereunder)whereby the right to exclusive use of the Home, Lot or Parcel rotates among multiple owners or members of the program on a fixed or floating time schedule over a period of years. This Section shall not prohibit ownership of such property by joint tenants or tenants-in-common nor shall it prohibit ownership by an owner who is not a natural person. Notwithstanding anything to the contrary, Declarant and the Original Owner shall specifically be exempt from any timeshare or interval ownership development restrictions imposed by this Declaration, and in its sole discretion may develop a timeshare regime or facility on any portion of the Property from time to time. No amendment or modification to this Section shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. 128155526.10 20 16A2 6.15 Firearms. The recreational discharge of firearms within the Community is prohibited. The term "firearms" includes "B-B"guns, paintball guns, pellet guns, and other firearms of all types, regardless of size. 6.16 Irrigation. No sprinkler or irrigation systems of any type which draws upon water from creeks,streams, rivers, lakes, ponds,wetlands,canals or other ground or surface waters within the Property shall be installed, constructed or operated within the Property by any Person other than Declarant or the Association. No Person may install a pump or otherwise divert any waters from any lake located wholly or partially on, or which are adjacent to, the Property for purposes of irrigation or any other purpose. 6.17 Wells and Drainage. No private water system or well shall be constructed or permitted on any portion of the Property, either for personal use or for irrigation. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person other than Declarant or the Association may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Declarant hereby reserves for itself and grants to the Association a perpetual easement across the Property for the purpose of altering drainage and water flow, provided the same shall not unreasonably interfere with an Owner's use of a Parcel. Notwithstanding the foregoing, Declarant shall be permitted to install and maintain wells on the Property as they determine from time to time (in which event such wells shall be deemed to be permitted once the property upon which the well is located is conveyed to a third party). 6.18 Sewage Disposal; Septic Tanks. No individual sewage disposal system shall be permitted on any portion of the Property. Septic tanks are not permitted on any portion of the Property, except for sales centers, models or construction offices of Declarant or as otherwise permitted by the ARC in conjunction with temporary use. 6.19 Temporary Structures. No structure of a temporary character, trailer, tent, shack, storage building,shed, stand-alone garage, barn or other outbuilding(a)shall be used on any portion of the Property at any time as a residence either temporarily or permanently, except that Declarant or Builder may place any type of temporary structure on any portion of the Property at any time to aid in its construction and/or sales activities, or(b) shall be permitted to be located on any portion of the Property for any other purpose without the prior written approval of the ARC (Declarant shall be exempt from this approval requirement with regard to Declarant-owned Lots or Parcels), and a Builder shall be exempt from this approval requirement with regard to Builder-owned Lots or Parcels). 6.20 Insurance Rates. No Owner shall permit or suffer anything 'to be done or kept in such Owner's Home or, where applicable, on such Owner's Lot or Parcel, which would increase the rate of insurance as to other Owners or to the Association, a Builder or Declarant, result in the cancellation of insurance on any property insured by the Association, or would be in violation of any law. 6.21 Sight Distance at Intersections. All portions of the Property located at street intersections shall be landscaped in a manner so as to permit safe sight across the street corners. No fence,wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem, as the same is determined by the Board of Directors; provided, however, that the foregoing restriction shall in no manner be deemed applicable to walls which serve to border or exist along or directly adjacent to one or more Lots, Parcels or Subdivision Common Areas. 6.22 Utility Lines. No overhead utility lines, including, without limitation, lines for electric, telephone and cable television, shall be permitted within'the Property, except for(a)overhead transmission lines existing as of the date of original recording of this Declaration, and (b) temporary lines as required during construction and lines within the Property as the same may exist on the date hereof. 6.23 Wetlands, Lakes and Water Bodies. All lakes, ponds and streams within the Property, if any, shall be designated as aesthetic and drainage or irrigation amenities. No swimming, boating, playing, fishing or use of personal flotation devices on all water bodies or lake within 'the Community shall be 128155526.10 21 16A2 permitted, save and except for activities specifically permitted by the Rules and Regulations and the requirements of the WiVMD Permit. 6.24 Increase in the Size of Lots; Changes in Elevation. No Lot shall be changed in size by filling in any water body or lake it may abut or by excavating existing ground, except upon the prior written approval of the ARC. The elevation of a Lot may not be changed so as to materially affect the surface elevation or grade of the surrounding Lots, Parcels, Subdivision Common Areas or the Common Property without the prior written approval of the ARC. 6.25 Signs. 6.25.1 In General. No sign, billboard or advertisement of any kind, including, without limitation, those of realtors, contractors, subcontractors and for sale or for lease signs, shall be erected within the Property without the written consent of the ARC and in accordance with the Community Wide Standard, except as may be required by legal proceedings or applicable law, and except signs, regardless of size, used by Declarant, its successor and assigns, and replacement of such signs. If permission is granted to any Owner to erect a sign within the Property, the ARC reserves the right to restrict the size, color, lettering, height, material and location of the sign. Under no circumstances shall signs, banners or similar items advertising or providing directional information with respect to activities being conducted outside the Property be permitted within the Property. The ARC may promulgate rules and regulations for signs which do not require prior ARC approval to be placed on a Lot or Parcel or any Subdivision Common Areas. No sign shall be nailed or otherwise attached to trees, shrubs or other landscapes. 6.25.2 "For Sale" Signs; Prohibition Against "For Rent" or"For Lease" Sic ns. Limitation on "Open I-louse" Signs. 6.25.2.1 Lots or Parcels which are for sale or lease may be shown by prior appointment only. 6.25.2.2 "For sale" realtor signs or like signs shall be permitted on any Lot or Parcel or the Common Property only in accordance with the general depiction contained in Exhibit F attached hereto and made a part hereof. 6.25.2.3 "Open house" signs are not permitted to be placed on a Lot, Parcel, Common Property or any Subdivision Common Areas. 6.25.2.4 No "For Rent" or"For Lease" signs shall be permitted on a Lot or Parcel. 6.25.2.5 Notwithstanding the foregoing provisions of this Section 6.25.2, Declarant (a) shall be entitled to utilize signs on or pertaining to a Lot or Parcel indicating the name of a particular model type or the name of the future owner of a Home on a Lot or Parcel being constructed or to be constructed, and (b) shall be exempt from the provisions of this Section 6.25.2. 6.25.3 Traffic Signs. The Association shall be responsible for the installation, maintenance, repair and/or replacement of all traffic signs within the Community. The Association, for aesthetic purposes, may not, and shall not be required to, fully utilize the Florida Department of Transportation standards for any or all traffic signs. 6.25.4 Declarant Exemption;Amendment t to Provisions Concerning Signs. Declarant and each Builder are specifically exempt from the provisions of this Section 6.25, and as such shall be entitled to erect such signs as it deems necessary or desirable in Declarant's or Builder's(as the case may be)sole discretion from time to time(provided, however, that any signs erected by a Builder must be consistent with the size, nature and type of signs employed by Declarant within the Community). No amendment or 128155526.10 22 1 6 A 2 modification to this overall Section 6.25 pertaining to signs shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. 6.25.5 Additional Provisions Pertaining to Signs. Notwithstanding anything herein to the contrary, the following signs shall be permitted in accordance with the Act: 6.25.5.1 Any Owner may erect a freestanding flagpole no more than 20 feet high on any portion of such Owner's Lot or Parcel, regardless of any covenants, restrictions, bylaws, rules, or requirements of the Association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. 6.25.5.2 Any Owner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 4%feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. 6.25.5.3 Any Owner may display a sign of reasonable size provided by a contractor for security services within 10 feet of any entrance to a Home. The Association may promulgate rules and regulations in furtherance of this Section, provided, however, that no such rules or regulations will inhibit the rights of a member pursuant to Section 720.304(6)of the Act. 6.25.5.4 Any artificial lighting of a flag under this Section 6.25.6 shall require the prior written approval of the ARC prior to installation. 6.26 Swimming Pools; Spas; Screens and Screened Enclosures. 6.26.1 Swimmin Pools. Based upon the limited depth of Lots in the Community, swimming pools are not permitted to be installed on a Lot. 6.26.2 Spa. An Owner may apply to the ARC for approval for installation of an in-ground or an above-ground spa in accordance with all applicable Governmental Entity regulations, including setback requirements. 6.26.3 Screened Enclosures for Patio Areas. 6.26.3.1 The use of standard cage screen enclosures may be restricted on Lots, Parcels and Homes abutting or facing certain portions of the Property, as shall be determined by the ARC. 6.26.3.2 Any screened enclosures shall be integrated within the principal structure, shall be constructed in accordance with applicable Governmental Entity building code provisions, and shall be subject to construction, design and appearance approval by the ARC, which may vary by Neighborhood. The ARC may, but shall not be obligated to, approve an alternate fence structure on a Lot or Parcel in lieu of a screened enclosure, subject to applicable provisions of the ARC Guidelines and applicable Governmental Entity building code provisions; the ARC shall be permitted to approve or disapprove any such alternative fence structure in its sole discretion. 6.26.3.3 All screened pool and patio area enclosures shall be bronze in color and no mill finish aluminum is permitted, it being the intent of Declarant to ensure a uniform and consistent exterior appearance within the Community. 6.26.4 Screening of Lanais. No lanai may be enclosed by screening except for those located on the first floor of a Home; provided, however, that any screened enclosure which encompasses 128155526.10 23 1 6 A 2 a deck area may serve to permissibly enclose lanai and balcony areas located above the first floor of a Home. 6.26.5 Screens on Windows and Doors. 6.26.5.1 The foregoing provisions shall not be deemed to apply to screens directly affixed to windows or sliding glass doors. 6.26.5.2 An Owner or Authorized User shall be permitted to install and construct a screened enclosure on the front patio or entrance area to a Home, provided that the Owner or Authorized User first obtains the prior written approval of the ARC for such installation and construction. 6.26.6 Limitations on Amendment. Except as otherwise provided herein, the provisions of this Section 6.26 shall not be amended without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. 6.27 Air Conditioning Units. No window air conditioning units may be installed on any Lot or Parcel except in connection with a'temporary structure operated by Declarant, a Builder or the Association. 6.28 Li hting. Except for seasonal Christmas or holiday decorative lights, which may be displayed between Thanksgiving and January 10 only, all exterior lights must be approved by the ARC prior to installation. 6.29 Artificial Vegetation, Exterior Soul tures and Similar Items. All artificial vegetation, exterior sculpture, fountains, and similar items must be approved by the ARC prior t to installation. 6.30 On-Site Fuel Storage. No on-site storage of gasoline or other fuels shall be permitted on any Lot or Parcel except that up to 5 gallons of fuel may be stored upon a Lot or Parcel and/or within the boundaries of the Home contained on a Lot or Parcel for emergency purposes and/or operation of lawn mowers and similar tools or equipment (to the extent that an Owner has responsibility for maintenance activities requiring such equipment). Underground propane or natural gas tanks shall be permitted on the Property but only with ARC approval. Notwithstanding the foregoing to the contrary, small propane tanks which are utilized directly and solely in connection with a barbecue grill shall be permitted on any Lot or Parcel, subject to applicable fire code and safety regulations. All fuel tanks must be hidden from view. 6.31 Outside Window Coverings. Reflective window coverings are prohibited. No awnings, canopies or shutters shall be permanently installed on the exterior of any building unless approved by the ARC prior t to installation. 6.32 Fences and Walls. 6.32.1 Perimeter (boundary) Lot fencing, or fencing around the boundary of a Lot or Parcel, shall be permitted, but only in accordance with the following: 6.32.1.1 any and all such fencing shall be in accordance with the ARC Guidelines and as specifically permitted in writing by the ARC, and shall be specifically approved in writing by the ARC prior to commencement of construction, installation or renovation of such fencing; 6.32.1.2 notwithstanding any provision in the ARC Guidelines to the contrary,fences shall only be permitted to be a maximum of forty-eight(48)inches in height measured from grade, and shall be required to be either bronze or black aluminum rail with at least one entrance gate having a minimum width of seventy-two (72) inches, all as required by the ARC pursuant to the ARC approval process; 128155526.10 24 1 6 A 2 6.32.1.3 By the construction of such fencing, the Owner of the applicable Lot (a "Fenced Lot") shall be deemed to have granted a perpetual, non-exclusive easement over, across, under and through such Fenced Lot to the Association to permit the Association and its employees and contractors to undertake and perform its grass and landscaping maintenance responsibilities pursuant to Section 3.2 hereof; 6.32.1.4 each Owner of a Fenced Lot shall at all times keep their Fenced Lot clear of all debris, objects and property of such Owner, including specifically,without limitation, toys and lawn furniture so as to permit, and therefore not interfere with, the Association's performance of its grass and landscaping maintenance responsibilities pursuant to Section 3.2 hereof,and neither the Board nor the Association shall have any responsibility for any damage to any property of any Owner which is damaged or destroyed as a result of any Owner's failure to comply with the requirements of this Section 6.33; 6.32.1.5 in the event that an Owner fails to provide the Association and its employees and contractors access to the enclosed area of a Fenced Lot so as to deny maintenance of the Lot pursuant to Section 3.2 hereof, the Owner shall be solely responsible for maintenance of such enclosed area within the Fenced Lot for the period of time that the Owner denies access, but in all aspects and events the Owner shall remain liable for any Fenced Lot Landscaping Assessments regardless of whether or not the Association provides maintenance services to the Fenced Lot; and 6.32.1.6 by the construction of such fencing, each Owner of a Fenced Lot shall: 6.32.1.6.1 be deemed to have waived any and all claims against the Board and the Association for any loss, destruction and/or damage or injury which may arise from any entry upon a Fenced Lot for the purpose of performing the Association's grass and landscaping maintenance responsibilities pursuant to Section 3.2 hereof; and 6.32.1.6.2 agree to indemnify and hold the Board and the Association harmless from and against any and all losses, costs, damages, or liabilities whatsoever (including, without limitation, reasonable attorneys'fees and costs) resulting directly or indirectly from such entry and the performance of such grass and landscaping maintenance responsibilities with regard to any Fenced Lot. 6.32.2 Any other fences and walls are only permitted in accordance with the ARC Guidelines, and no fence of any type or nature shall be constructed without the prior written approval of the ARC; provided, however, that any other fence or wall constructed by Declarant in conjunction with the development and construction of improvements on a Lot or Parcel shall be exempt from any requirement for obtaining ARC approval. 6.32.3 The ARC may, but shall not be required to, impose landscaping requirements in conjunction with approval of a wall or fence application in accordance with the ARC Guidelines for Supplemental Landscaping. 6.32.4 Declarant, in the course of creating the ARC Guidelines, shall be entitled to place restrictions on the installation of walls and fences on certain Lots based upon the Lot size and dimension. 6.32.5 The provisions of this Section 6.32 shall specifically not be amended without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. 6.32.6 Invisible fences are permitted only in the rear and/or side yards. Invisible fences are permitted in a front yard only with the prior written approval of the ARC. 128155526.10 25 16A2 _. 6.32.7 Any Fenced Lot Landscaping Assessments shall be levied in accordance with Exhibit E to this Declaration, and if so levied, shall be in connection with the additional costs and expenses associated with the Association's maintenance obligations involving or pertaining to the Fenced Lots. 6.33 Use Indemnity. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, to indemnify, defer and hold harmless the Association, Declarant, Original Owner, each Builder and their respective partners, shareholders, directors, officers, employees and agents for any claims, demands, losses, costs, fees and expenses related to, or in any way pertaining to, use of any Common Property furnished by Declarant, Original Owner, each Builder, the Association, an Owner and other Authorized Users. 6.34 Maintenance Easement. Every Lot and Parcel is burdened with an easement permitting the Association to utilize portions of the Property abutting the Common Property to maintain portions of the Common Property, provided such easement shall be exercised in a manner which does not interfere with use or enjoyment of the Lot or Parcel for its primary purpose and that such use by the Association will not damage improvements on the Lot or Parcel. 6.35 Home Business Use. No trade or business may be conducted in or from any Home, Lot or Parcel, except that an Owner, Resident or Authorized User residing in a Horne may conduct business activities within the boundaries of the Home so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the boundaries of the Home; (b) the business activity conforms to all Governmental Entity requirements; (c) the business activity does not involve persons coming onto the Property who do not reside in the Property or door-to-door solicitation of residents; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the privacy or safety of the Residents, as may be determined in the sole discretion of the Board. The terms"business"and"trade," as used in this section, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee,compensation,or other form of consideration, regardless of whether: (i)such activity is engaged in full or part-time; (ii)such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Lot or Parcel shall not be considered a trade or business within the meaning of this Section. For purposes of clarity, in no manner shall an Owner,tenant or other resident be permitted to utilize a Lot or Parcel for purposes of permitting business employees or contractors to reside in such Lot or Parcel, as any such usage does not constitute and shall in no manner be deemed to be a permitted business use under this Section 6.35. 6.36 View Impairment. Neither Declarant nor Original Owner nor the Association guarantees or represents that any view over or across any body of water or t the Common Property to and from the Lots or Parcels shall be preserved without impairment. The owners of such property shall have no obligation to thin trees or other landscaping, and shall have the right, in their sole and absolute discretion, to add or withdraw trees and other landscaping and other improvements or changes to the Common Properties from time to time. Any such changes or additions may diminish, obstruct or impair any view from the Lots or Parcels, and any express or implied easements for view purposes or for the passage of light and air are hereby disclaimed. 6.37 Wildlife. All Persons are hereby notified that from time to time alligators, snakes, bear, rabbit, opossum, armadillos and other wildlife may inhabit or enter into or exit from water bodies or conservation areas within the Community and may pose a threat to persons, pets and property. No Person shall be permitted to disturb or harm any wildlife residing in the Community. The materials contained in Exhibit G attached hereto and made a part hereof are included for reference by residents of the Community. In addition, Declarant may work with the Association to promote best management practices to be 128155526.10 26 16A2 _. implemented within the Community to minimize potential wildlife impacts and/or provide wildlife conservation benefits. 6.38 Use of Common Property. There shall be no alteration, addition or improvement of any Common Property, except as provided in this Declaration, nor shall any Person use the Common Property, or any part thereof, in any manner contrary to or not in accordance with applicable Rules and Regulations or approved and authorized in writing by the Association. 6.39 Mailboxes. 6.39.1 Mailboxes shall be constructed and located by Declarant in its sole discretion and in accordance with U.S. Postal Service requirements. In the event that a mailbox is not installed by Declarant, prior to occupying a Lot, the Owner thereof shall install or have installed a mailbox of such type, design and decoration, and in such location on the Lot as shall hereafter be designated by Declarant and/or approved by the ARC. No other mailbox, paper box or other receptacle of any kind for use in the delivery of mail, newspapers, magazines and/or similar material(s) shall be placed, located, constructed and/or installed on any Lot. No mailbox may be altered, changed, modified, repaired and/or replaced without the prior written approval of the ARC. Replacement and maintenance of mailboxes shall be the obligation of the Owner. 6.39.2 Notwithstanding the provisions of Section 6.39.1 to the contrary, in the event that the U.S. Postal Service makes the determination and decision that it will not provide mail delivery or service to individual mailboxes serving individual Lots or Parcels,cluster mailbox structures("Mail Structures")shall be erected within the Property for purposes of permitting mail delivery and service for the Lots and Parcels. The Owner of a Lot or Parcel shall be entitled to the sole and exclusive use of the individual mailbox contained in a Mail Structure which pertains to that Owner's Lot or Parcel. As and to the extent necessary, a perpetual, non-exclusive easement is hereby granted to the Owners over, across and through the Common Areas and any portion of a Lot or Parcel or Subdivision Common Areas containing a Mail Structure (if any) so as to permit necessary access; provided, however, that the scope of the foregoing easement shall be specifically limited to pertain only to the smallest amount of any Lot, Parcel or Subdivision Common Areas if and to the extent necessary to obtain access to the Mail Structure. 6.39.3 A perpetual, non-exclusive easement is hereby declared across the Common Areas for purposes of permitting delivery of the mail. 6.40 Extended Vacation or Absences. In the event that a Lot or Parcel will not be occupied for an extended period of time, the Lot or Parcel must be prepared prior to departure by: 6.40.1 notifying the Association of such absence and the anticipated date of return; 6.40.2 removing all removable furniture, plants and other items of personal property from the exterior of the Lot or Parcel; and 6.40.3 designating a person or entity to care for the Lot or Parcel during such period of absence (both in terms of routine care and in the event of damage) and providing necessary access to the Lot or Parcel and any Home contained thereon (the Owner is required to provide the Association with the name and telephone number of the designated person or entity). The Association hereby disclaims any responsibility with regard to each Lot or Parcel, and each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the Association has no duty with regard to any Lot or Parcel under this Section 6.40. 6.41 Storm Shutters. Subject to applicable law,storm shutters and other similar equipment shall only be permitted, upon the prior written approval of the ARC, in accordance with the ARC Guidelines. 128155526.10 27 16A2 Storm shutters and other similar equipment shall only be permitted to be closed or otherwise put into use or activated in direct anticipation of severe weather, and shall be promptly removed, within three (3)days, following cessation of severe weather. Accordion style storm shutters are not permitted on the front facade of any Home. 6.42 Garage Sales. No garage sales or other private sales of a similar nature shall be permitted at any time in the Community, it being the specific intention of Declarant to preserve the distinct nature and character of the Community as developed. No amendment or modification to this Section shall be effective without the prior written consent of Declarant for so long as Declarant owns any portion of the Property. 6.43 Sound Transmission. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed,that sound and impact noise transmission is very difficult to control, and that noises from adjoining or nearby Lot or Parcel, or from the Common Property and/or mechanical equipment,adjacent businesses,or adjacent roadways or streets, can be heard from within another Home. Declarant and each Builder do not make any representation or warranty as to the level of sound or impact noise transmission between and among Lots and Parcels and any other portion of the Property, and each Owner hereby waives and expressly releases,to the extent not prohibited by applicable law as to the date of this Declaration, any such warranty and claims for loss or damages resulting from sound or impact noise transmission. 6.44 Access Ramps. Any Owner may construct an access ramp on or to their Home if a Resident or Authorized User of the Home has a medical necessity or disability that requires a ramp for egress and ingress, under the following conditions: 6.44.1 The ramp must be as unobtrusive as possible, be designed to blend in aesthetically as practicable, and be reasonably sized to fit the intended use. 6.44.2 Plans for the ramp must be submitted in advance to the Association. The Association may make reasonable requests to modify the design to achieve architectural consistency with surrounding structures and surfaces. 6.44.3 The Owner must submit to the Association an affidavit from a physician attesting to the medical necessity or disability of the Resident or Authorized User of the Home requiring the access ramp. Certification as required under Section 320.0848, Florida Statutes, shall he sufficient to meet the affidavit requirement. 6.45 Basketball Goals. Basketball goals and accompanying or related structures or supports are not permitted on or for Lots and Parcels, it being Declarant's stated intent 'to ensure a uniform and consistent exterior appearance within'the Community, except that portable basketball stands are permitted providing the Owner stores the equipment in a garage or other fully-enclosed area whenever the equipment is not in use. 6.46 Swingsets and Playground Equipment. No swingset or playground equipment or other similar devices or items shall be placed on a Lot or Parcel without the prior written consent of the ARC. 6.47 Prohibition Against Auctions. No Lot or Parcel, or any personal property contained within or pertaining to a Lot or Parcel, shall be permitted to be sold by means of a public or private auction held within or upon a Lot or Parcel or upon any portion of the Community; provided, however, that(a) the sale of a Lot or Parcel, or any personal property contained within or pertaining to a Lot or Parcel, pursuant to court order (such as, but not necessarily limited to, an order of forced sale as a result of foreclosure, bankruptcy or seizure) shall be exempt from the prohibitions of this Section 6.47, and (b) Declarant shall be exempt from the provisions of this Section 6.47. 6.48 Rules and Regulations. The Board of Directors may from time to time adopt, or amend previously adopted, rules and regulations governing(i)the interpretation and more detailed implementation 128155526.10 28 � ^� � ^� � �� 0 � of the restrictions set forth in this Declaration, including those which would guide the Committee in the uniform enforcement of the fnnagoing general naaihctionm. and (ii) the details of the opaotion, use, rules and nagu|ediono shall be furnished 'to each Owner prior io the time same becoming effective and provided that said rules and regulations are a rreasonable exercise of ilieAssociat-ion's power and authority based upon the overall concepts and provisions ofthiaDeclaration. 8.49 Provisions Inwerative as to Initial Construction; Exernotions for Si9ecified Parties. Nothing contained in this Declaration will be interpreted, construed or applied to prevent Declarant orwith-the prior vvrittenconoeniofDeclmreniso |ongenDec|enaniioanOvxnerofanyportiunofihePoopedy. andthen-the Association, or its or their contractors, eubooninaciore, aQenio, and employees (collectively, "Specified Padies''), from doing or performing on all o/ any port of 'the Property owned or controlled by Declarant whatever is determined -to be reasonably necessary or convenient 10 complete the development of the Community, inn|uding, but not limited to. (a) iha right to ereoting, construct, and maintain such structures and other improvements as may be reasonably necessary or convenient for-the conduct of the Specified Parties' business of completing the deva|opment, establishing the Property ao a mimed-use cnmmundy, diapoaingoftheeamebyeo|e. |eaae. orcdhemviaeandoporatingandmainheininQahoteinastouxant. bar. pa/kinQ, sales and marketing or other non-residential faoi!iiiea on the Property; (b) the ability iu conduct thereon its business of completing the development and disposing of the same by sale, lease or otherwise, and operating and maintaining of a hote|, nastaunsni, bor, parking, sales and marketing or other non- residential facilities on the Property (hmwever, any and all work described herein and proposed to be performed nius't be performed in accordance with the provisions of the ARC Guidelines); and (c)-the right to maintain such signs as may be reasonably necessary or convenient in connection with-the development o/the sale, lease or other transfer of Lots or Parcels or-the operating and maintaining of a hotel, restaurant, bar, parking, sales and marketing or other non-residential facilities on the Property. 6.50 Access byAssociation. The officers, employees or designated agents of the Association have a right of entry on-to the exterior of each Lot or Parcel, except those owned by Declarant or a Builder, to the extent reasonably necessary to discharge any duty impoeed, or exercise any right granted, by this Declaration or to investigate or enforce the provisions of this Declaration and 'the rules and regulations of the Association. Such right of entry must be exercised in a peaceful and reasonable manner at reasonable times and the entry may be only upon reasonable notice whenever circumstances permit. Entry into the interior ofany Home may not be made for any purpose without the consent of its Owner, Resident or Authorized User of Home, except pursuant to court order or other authority conferred by law. Such consent will not be unreasonably withheld ordelayed. 661 Requi/ementfor Declarant Consent for Amendments. No amendment to any provision contained in this Article 6 may be amended without 'the prior written consent of Declarant for so |unQ as Declarant owns any Lot or Parcel vviihinthe Community. 652 Compliance with Occuoancy Re uinsments Notwithstanding any provision henaintnihe contrary, the Owner ofe Lot o/ Parcel ahe|| ensure that there is compliance with any and all occupancy requirements of applicable Governmental Entities. 653 Waivers. Declarant (and upon ounhtimeoa Declarant no longer owns any portion ofthe Property, the Board) shall have the right and pmwar, fnum time to time and in Dec|anani'm (or the Board's) eo|o diecretion, to authorize waiver of one or more of the restrictions contained in this Article 6 when circumstances dictate or hardship shall result from compliance with such restricdon(s). The granting nfa waiver shall not be effective unless in writing, and the granting of one waiver shall not require Declarant to grant any other waiver for which o request iomade. ARTICLE 7: EASEMENTS 7.1 Uti|itv Easement. Declarant has identified, or will idenUfy, pursuant to the Plats or other inotrunnenis, areas for use by all utilities (including, without |imitabon, electric, telephone, 'Water, sewer, lighting, drainage and Surface Water Drainage and Management Gystem, irrigation distribution system, 12815552e.10 29 16A2 communication system, and cable and interactive cable television and entry system) for the construction and maintenance of their respective facilities servicing the Property. Declarant hereby reserves unto itself and grants to the Association the right by each in accordance herewith to grant to such utilities,jointly and severally, easements (blanket or specific) over any portions of the Property which may be necessary or desirable for such purpose. Any such easement shall be created in such a manner so as not to unreasonably interfere with the beneficial use or occupancy of any Lot or Parcel. If specific easements will be granted, the location and extent of such easements will be shown on the plats to be recorded of the Property or in such other instruments defining same to be executed by Declarant for so long as Declarant owns any portion of the Property, and thereafter by the Association. In addition to the above, Declarant hereby reserves unto itself and grants to the Association, with the right by each to make further grants, an access and use easement over, under, across and through the Property as may be required for the construction, maintenance and operation of any communication, cable television (including interactive), drainage and surface water management, irrigation distribution system and entry system; provided, however, any such easement shall not unreasonably interfere with the beneficial use or occupancy of any Lot or Parcel. Declarant and the Association, and their respective agents, employees, designees, successors and assigns, shall have full rights of ingress and egress over any portion of the Property for all activities appropriately associated with the purposes of said easements, but all damage to such portions of the Property caused thereby shall be repaired at the cost of the party causing the damage. Nothing in this Article shall obligate Declarant to construct or maintain any specific form of utility. 7.2 Drainage Easement. A perpetual, non-exclusive easement is reserved unto Declarant, and is granted to the Association and the District, over, across and through the Property for the purpose of providing drainage and for the installation, operation, use and maintenance of drainage facilities, including the Surface Water Drainage and Management System. Upon completion of said drainage facilities, the location and extent of specific drainage easements may be shown on the plats or in such other instruments defining same to be executed by Declarant for so long as Declarant owns any portion of the Property, and thereafter by the Association and the District. 7.3 Easement for Encroachments. 7.3.1 Each portion of a Lot or Parcel and the Common Property is hereby subjected to a perpetual easement appurtenant to any adjoining Lot, Parcel or the Common Property to permit the use, construction, existence, maintenance, repair and restoration of structures, located on such adjoining Lot, Parcel or the Common Property, including, but not limited to, driveways, sidewalks, walkways, entryways and roof structures which overhang and encroach upon the servient Lot or Parcel or the Common Property, if any, provided that such structures were constructed by Declarant or the construction of such structure is permitted and approved as elsewhere herein provided. The Owner of the dominant Lot or Parcel or the Common Property shall have the right, at all reasonable times,to enter the easement area in order to make full use of such structure for its intended purposes and to maintain, repair and restore any improvements located on the dominant Lot or Parcel or the Common Property; provided, however, that any such entry made for purpose of maintenance, restoration or repair, shall be limited to daylight hours and shall only be made with the prior knowledge of the Owner of the servient Lot or Parcel or the Common Property. In case of emergency,the right of entry for maintenance, restoration or repair shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the Owner of the servient Lot or Parcel or the Common Property. Any damage or dislocation of or to plants or other landscaping on the servient Lot or Parcel (or portion thereof) or the Common Property caused to accommodate the use of this easement by the Owner of the dominant Lot or Parcel (or portion thereof) or the Common Property shall be restored to its earlier condition by such latter Owner. However,the Owner of the servient Lot or Parcel or the Common Property shall not place any improvement,material or obstacle in or over the easement area on the servient Lot or Parcel or the Common Property which would unreasonably interfere with the rights of the Owner of the dominant Lot or Parcel or the Common Property granted by this paragraph. Any such improvement, material or obstacle shall be promptly removed by the Owner of the servient Lot or Parcel or the Common Property at such Owner's expense when requested by the Owner of the dominant Lot or Parcel or the Common Property or Declarant notwithstanding any lapse of time since such improvements, material or other obstacle was placed in or over the easement area. However, in no event shall a valid easement for any encroachment be created in favor of any Owner if such encroachment or use is materially detrimental 128155526.10 30 16A2 to or materially interferes with the reasonable use and enjoyment of the Lot or Parcel of another Owner and if it occurred due to the willful conduct of any Owner. 7.3.2 The Association and/or the District (as the case may be) is or shall be the holder of certain drainage easements pertaining to stormwater management on some, but not all, of the Lots and Parcels, such easements having been created or will be created pursuant to one or more subdivision plats pertaining to the Community ("Side Yard Drainage Easement Areas"). Air conditioning equipment and underlying pads ("NC System") and/or pool pumps, heaters pads and equipment (collectively, "Pool System") for Lots or Parcels may be placed and located within the Side Yard Drainage Easement Areas, provided that(a) no such installations shall be permitted without the prior written consent of the ARC, and (b) such NC System and/or Pool System does not impair the use of the Side Yard Drainage Easement Areas for drainage purposes. Accordingly, the Association and the District hereby consent to and approve the encroachment of the A/C System and/or Pool System into the Side Yard Drainage Easement Areas and hereby grant a perpetual, non-exclusive easement in such regard. The Association and/or the District (as the case may be) shall be responsible for all repairs or replacements in the event that a drainage line, pipe or facility must be relocated by the Association and/or the District(as the case may be). The applicable Owner shall be solely responsible for all costs and expenses associated with repairs or replacements to a drainage line, pipe or facility that results from an Owner's activities within a Side Yard Drainage Easement Area, whether or not associated with an NC System and/or a Pool System. This Section 7.3.2 shall not be amended except upon the vote of not less than 75% of the total eligible voting interests in the Association, and in any event no such amendment shall impair the rights of the District without the District's prior written consent'to such amendment. Notwithstanding any provision herein to the contrary, any A/C System and/or Pool System installations undertaken by Declarant within a Side Yard Drainage Easement Area shall not require ARC approval. 7.3.3 Each portion of a Lot and other Parcel and the Common Property is hereby subjected to a perpetual easement appurtenant to any adjoining Lot, Parcel or the Common Property to permit the use, construction, existence, maintenance, repair and restoration of walkways, which lead to entry of a Lot or Parcel, located on such adjoining Lot, Parcel or the Common Property including, but not limited to, walkways and roof structures which overhang and encroach upon the servient Lot or Parcel or the Common Property, if any, provided that such structures were constructed by Declarant or the construction of such structure is permitted and approved as elsewhere herein provided. The Owner of the dominant Lot or Parcel or the Common Property shall have the right, at all reasonable times, to enter the easement area in order to make full use of such structure for its intended purposes and to maintain, repair and restore any improvements located on the dominant Lot or Parcel or the Common Property; provided, however, that any such entry made for purpose of maintenance, restoration or repair, shall be limited to daylight hours and shall only be made with the prior knowledge of the Owner of the servient Lot or Parcel or the Common Property. In case of emergency, the right of entry for maintenance, restoration or repair shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the Owner of the servient Lot or Parcel or the Common Property. Any damage or dislocation of or to plants or other landscaping on the servient Lot or Parcel (or portion thereof) or the Common Property caused to accommodate the use of this easement by the Owner of the dominant Lot or Parcel (or portion thereof)or the Common Property shall be restored to its earlier condition by such latter Owner. However, the Owner of the servient Lot or Parcel or the Common Property shall not place any improvement, material or obstacle in or over the easement area on the servient Lot or Parcel or the Common Property which would unreasonably interfere with the rights of the Owner of the dominant Lot or Parcel or the Common Property granted by this paragraph. Any such improvement, material or obstacle shall be promptly removed by the Owner of the servient Lot or Parcel or the Common Property at such Owner's expense when requested by the Owner of the dominant Lot or Parcel or the Common Property or Declarant notwithstanding any lapse of time since such improvements, material or other obstacle was placed in or over the easement area. However, in no event shall a valid easement for any encroachment be created in favor of any Owner if such encroachment or use is materially detrimental to or materially interferes with the reasonable use and enjoyment of the Lot or Parcel of another Owner and if it occurred due to the willful conduct of any Owner. 7.4 Development and Use Easements Reserved to Declarant. Declarant hereby reserves unto itself, and its successors and assigns, non-exclusive easements over, under, upon and through, as well as 128155526.10 31 16A2 the right to grant non-exclusive easements over, under, upon and through, all portions of the Property from time to time, whether or not such areas have been conveyed to third parties, for the purposes of (a) permitting and having ingress and egress to and from one portion of the Property to another, (b) constructing, maintaining, repairing, replacing and/or reconstructing improvements, and (c) permitting all other activities necessary or associated with the development of the Community and each and every portion thereof. 7.5 Ingress and Egress. 7.5.1 Easements in favor of Owners. Each Owner of a portion of the Property and each other Benefited Party of a Lot or Parcel is hereby granted and shall have a perpetual, unrestricted, non- exclusive easement over, across and through the Common Property for the purpose of (i) pedestrian ingress and egress over the sidewalks, walkways and unpaved areas of the Property intended for such purpose, and (ii) vehicular ingress and egress over the paved areas of the Property to and from such Owner's Lot or Parcel, subject only to the right of the Association to impose reasonable and non-discriminatory Rules and Regulations governing the manner in which such easement is exercised, which easement shall be appurtenant to and pass with ownership to each Lot and Parcel. Notwithstanding the provisions of the preceding sentence, there shall be no right to use portions of the Common Property specifically designated for protection of endangered species or specific wildlife or for wetland or conservation purposes without the express prior written approval of the Association. Declarant hereby reserves a perpetual, unrestricted, non-exclusive easement over, across and through all roadways of the Property for itself and the Association to permit access to, from, across and through the Property. 7.5.2 Easements in Favor of the Association. The Association is hereby reserved a perpetual, non-exclusive easement over, across, under and through any and all portions of the Property as may be necessary from time to time to perform its duties and obligations under this Declaration. In addition, a perpetual, non-exclusive easement over, across, under and through a Lot or Parcel is specifically reserved to'the Association in order to permit the maintenance, repair and replacement of lighting fixtures, as provided in Section 9.2.5 hereof (this easement shall specifically include the limited right to touch the exterior of a Home to which the lighting fixtures are attached or otherwise wired). 7.5.3 Easement in favor of the District. The District, for itself and its employees, licensees, contractors and the like, is hereby granted a perpetual, non-exclusive easement over, across and through the Property to enable the District to maintain the District Property or other property for which it is responsible. 7.5.4 Easements Reserved to Declarant. Declarant hereby reserves for itself and each Builder and their respective successors,assigns and designees a perpetual, non-exclusive easement over, across and through all roadway portions of the Common Property to permit legal ingress'to and from public roadways to the various portions of the Community and to permit usage of the Common Property in the manner contemplated hereunder. With respect'to Declarant, the foregoing easement shall continue even after Declarant no longer owns any portion of the Property. With respect to a Builder, the foregoing easements shall automatically terminate and be of no further effect on the date that is six(6) months after such Builder no longer owns any Lot or Parcel within the Property. The provisions of this Section 7.5.4 shall not be amended for a period of 30 years from the date of recordation of this Declaration without the express prior written consent of Declarant (and its specific successors and assigns in its role as the developer of the Community). 7.6 Easements Pertaining to Separation Walls. An easement is hereby reserved'to Declarant and granted to the Association over,across, under and through all portions of the Property(except for those areas upon which Homes have been constructed)for the purpose of engineering, designing, constructing, maintaining, repairing, replacing and/or reconstructing any Separation Wall (defined hereinafter) that may be constructed by Declarant or the Association which the Association has the obligation to maintain. For purposes hereof, a "Separation Wall" shall be defined as the wall or walls which serve as a boundary and buffer between (a) a Lot or Parcel and a roadway, (b) two or more Lots or Parcels (regardless of whether or not such wall is located solely within the boundaries of one Lot or Parcel and not the other(s)), (c)which 128155526.10 32 16A2 serve to divide and separate a Lot's or Parcel's enclosed rear yard area from the front yard,and(d) between certain lands and public right-of-way. In other words, a Separation Wall can either be contained within the Common Property or upon one or more Lots or Parcels. Once a Separation Wall has been constructed, the location of the easement with regard thereto shall be where the Separation Wall exists and such area adjacent to the Separation Wall necessary for ingress and egress and to construct and maintain such Separation Wall. The blanket easement hereby granted shall not interfere with the provisions for access to Lots and Parcels by curb cuts, driveways and the like. 7.7 Reciprocal Easements for Encroachments by Boundary Wall or Other Improvements. Reciprocal easements are hereby created for encroachments as between any Lots or Parcels and such portion or portions of the Common Property adjacent thereto, or as between adjacent Lots or Parcels, or any combination thereof, due to the placement or settling or shifting of any Boundary Wall or other wall or fence or other improvement constructed or reconstructed thereon. 7.8 Providing a Specific Easement. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant as long as it owns any Lot or Parcel, and thereafter the Association,through its Board of Directors, shall have the right to grant such easement over the Common Property and the Parcels (as well as Subdivision Common Areas)without conflicting with the terms hereof. The easements provided for in this Section shall in no way adversely affect any other recorded easement on the Property or prevent the use of Lots or Parcels for their intended purpose. 7.9 Right of Entry. All policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties as well as agents or employees of Declarant or the Association shall have the right, but not the obligation, to enter into any Home or upon any Lot or Parcel for emergency and safety reasons, and to abate nuisances(including, without limitation, false burglar alarms). 7.10 Conservation Easements. Conservation easements may be created on and pertaining to the Property as more specifically provided herein. 7.11 Continuous Maintenance of Easements by the Association. Except as provided herein to the contrary, the Association shall be responsible for the continuous maintenance of the easements and rights-of-way of the Surface Water Drainage and Management System. This obligation shall run with the land as do other provisions of this Declaration, and any Owner may enforce this covenant and will be entitled to costs and fees, pursuant to Section 23.5 hereof, which result from such enforcement. 7.12 Lake Maintenance Easements. A perpetual, non-exclusive easement is hereby reserved to Declarant,the Association and'the District for a distance of 20 feet on the land side of the control elevation of each lake in the Community in order to permit legal access to and from and to permit the maintenance of all such lakes. 7.13 Non-Interference with Residential Use. Notwithstanding any provision herein to the contrary,the use of any and all easements reserved and/or declared and/or granted under this Declaration shall not unreasonably interfere with the beneficial use or occupancy of any Lot or Parcel. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that temporary disruption to grass, roadway and driveway areas shall not be considered to be an unreasonable interference for purposes of this Section 7.13. ARTICLE 8: ARCHITECTURAL CONTROL 8.1 ARC Guidelines. 8.1.1 Until such time as Declarant no longer owns any portion of the Property, Declarant shall have the exclusive power and right to adopt from time to time the ARC Guidelines, which 128155526.10 33 16A2 guidelines shall be applied by the ARC and the Board of Directors in their respective capacities as provided hereinafter. 8.1.2 The ARC Guidelines shall be published to each Owner as required under the Act. 8.1.3 No material alteration, modification or addition to a Home, Lot or Parcel, or a material change in external appearance of a Home, Lot or Parcel or any modification, addition or deletion to or from the landscaping as contained on a Lot or Parcel subsequent to initial installation by Declarant, shall be undertaken without the prior written approval of the ARC in accordance with this Article. The ARC Guidelines shall be created by Declarant and may be changed in the future by Declarant from time to time in its sole discretion. 8.1.4 Upon such time as Declarant no longer owns any portion of the Property, the Association shall inure to the powers and rights of Declarant under this Article 8. Upon such occurrence, the Association shall have the power, but not the obligation, in the sole discretion of the Board,to delegate, from time to time, all or some of the ARC's responsibilities to a Subdivision Association with regard to a Subdivision, provided that such delegation be determined to be in the best interests of the Community and the Subdivision. 8.2 Role of the Board and the ARC. The purpose of the Board and the ARC is to ensure that all improvements within the Community shall present an attractive and pleasing appearance from all sides of view. All references to the ARC shall also reference the Board. 8.3 Composition of the ARC. Until such time as Declarant no longer owns any portion of the Property, Declarant shall be solely responsible for appointing the members of the ARC(it being Declarant's intention to ensure harmonious and consistent use of the various portions of the Property by the Owners), and the number of members shall be permitted to change from time to time in the sole discretion of Declarant. Subsequent to the time that Declarant no longer owns any portion of the Property, (a)the Board shall appoint the chairman and the members of the ARC, (b) the ARC shall consist of not less than 3 members, (c) the Board may remove ARC member(s)if determined beneficial, and (d)where a vacancy or vacancies on the ARC occurs, a successor or successors shall be appointed by the Board. Notwithstanding the foregoing to the contrary, if Declarant decides to relinquish its right to appoint the members of the ARC prior to such time that Declarant no longer owns any portion of the Property, Declarant shall record a notice in the public records of the County to such effect and the Board thereafter shall be solely responsible for appointing the members of the ARC. 8.4 Powers of the ARC. The ARC shall represent, act as directed by, and report to the Board; however, the Board shall retain final authority, as the ARC is a committee of the Board. The ARC shall evaluate, control and approve construction, remodeling, or additions to the buildings and structures and other improvements on each Lot or Parcel in the manner and to the extent set forth herein. No building or other structure or improvement, regardless of size or purpose, whether attached to or detached from the main structure, shall be commenced, placed, erected or allowed to remain on any Lot or Parcel, nor shall any addition to or exterior change(including repainting) or alteration thereto be made, nor shall any change in the landscaping, elevation or surface contour of a Lot or Parcel be made, unless and until building plans and specifications covering same ("Plans and S ecifications"), showing such information as may be required by the ARC and/or the Board of Directors, have been submitted to and approved in writing by the Board of Directors. Acceptance or rejection of Plans and Specifications shall be made by majority vote. 8.5 Plans and Specifications. The ARC shall require that all Plans and Specifications be accompanied by site plans showing the detail of the siting of the structure or improvement under consideration. As a prerequisite to consideration for approval, the Owner shall submit to the ARC Plans and Specifications and other documentation and materials as determined by the ARC from time t to time. In addition, if requested by the ARC, there shall be submitted to the ARC for consideration such samples of building materials proposed to be used as the ARC shall specify and require. All Plans and Specifications shall be prepared by an architect and/or professional engineer registered in the State of Florida. The 128155526.10 34 16A2 architect and/or professional engineer submitting the Plans and Specifications must state in writing that he has visited the site and is familiar with all existing site conditions. These requirements pertaining to Plans and Specifications may be waived, in whole or in part,by the ARC or the Board of Directors upon application of the Owner showing good cause for waiving such requirement(s). All requests for improvements must be submitted on the most recently promulgated Association forms. 8.6 Recommendations of the ARC. Once the ARC has received and reviewed the Plans and Specifications submitted by an Owner, no later than 30 days following receipt of all required Plans and Specifications, the ARC shall either (a) approve or disapprove the proposal of the Owner, or (b) request additional information as the ARC deems necessary in its discretion to be able to render a decision. 8.7 Approval of Plans and Specifications. Upon written approval of the Plans and Specifications, construction may be commenced and shall be prosecuted to completion promptly and in strict conformity with such Plans and Specifications. The Board of Directors shall be entitled to stop any construction in violation of these restrictions, and any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided above shall be deemed to be in violation of this covenant and may be required to be restored to the original condition at the Owner's expense. All costs and expenses of the Association (including attorney's and paraprofessional's fees) related to the enforcement of these covenants shall be paid by the Owner in violation thereof. All structures must be built to comply substantially with the Plans and Specifications as approved. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall he deemed to have acknowledged and agreed, that approval of the ARC in no manner eliminates any obligation to obtain Governmental Entity approval for the contemplated activity, or that upon proper application to such Governmental Entity the contemplated activity will be permitted. Any approval of a proposed activity by the ARC shall immediately and automatically become null and void upon a written rejection of an application to a Governmental Entity for authorization to undertake the proposed activity(e.g., denial of a building permit). 8.8 Rejection of Plans and Specifications. The ARC shall have the right to refuse to approve any Plans and Specifications which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons and reasons connected with future development plans of Declarant of the Property. In the event the ARC rejects such Plans and Specifications as submitted,the ARC shall so inform the Owner in writing, stating with reasonable detail the reason(s) for disapproval. In rejecting such Plans and Specifications, the ARC may take into consideration the suitability and desirability of proposed construction and the materials of which the same are proposed to be built, the Lot or Parcel upon which such construction is proposed to be erected, the quality of the proposed workmanship and materials, the harmony of external design with the surrounding neighborhood and existing structures therein, and the effect and appearance of such construction as viewed from neighboring Lots or Parcels. 8.9 Appeal by Aggrieved Owner. 8.9.1 Prior to Transfer of Control. Prior to Transfer of Control, if the ARC rejects such Plans and Specifications, the aggrieved Owner and/or any other interested Owner may appeal such adverse decision to the Board, and any decision by the Board shall be final and binding. 8.9.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, if after the Board's review the appealing Owner is still in disagreement with the Board's decision, such Owner may appeal such adverse decision by submitting in writing to the Board a request to call a special meeting of all Members to consider the propriety of the Board of Directors' decision within 10 days after receipt of such written request. The Board thereafter shall call a special meeting, and the costs pertaining to such special meeting shall be borne by the appealing Owner. At such special meeting,the proposal made by'the Owner and the decision of the ARC and the Board, together with the stated reasons for the rejection of the proposal, shall be made available to all Owners. A vote of a majority of the total voting interests eligible to vote and present in person or by proxy of a duly-called and noticed meeting of the Members at which a quorum is present shall be necessary to overturn an adverse decision of the ARC and the Board against the Owner. 128155526.10 35 16A2 . 8.10 No Waiver of Future Approvals. The approval of the ARC of any proposals or Plans and Specifications for any work done or proposed, or in connection with any other matter requiring the approval and consent of the ARC, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matter whatever subsequently or additionally submitted for approval or consent. 8.11 Variances. The ARC may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require,but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or(c) estop the ARC from denying a variance in other circumstances. For purposes of this Section, the inability to obtain the issuance of any permit, or the terms of any financing shall not necessarily be considered a hardship warranting a variance. 8.12 Compliance. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of the guidelines and procedures promulgated by the ARC may be excluded from doing further work within the Property by the Association without liability to any Person. Prior to exclusion of any contractor or subcontractor for violations of guidelines and procedures promulgated by the ARC, the contractor or subcontractor shall have the right to the notice and hearing procedures contained in the Governing Documents. 8.13 Right to Inspect. Subject to reasonable advance notice for occupied Homes, there is specifically reserved unto the ARC the right of entry and inspection upon any Parcel for the purpose of determination by the ARC whether there exists any construction or any improvements which violate the terms of any approval by the ARC or the terms of this Declaration or of any other covenant, conditions and restrictions to which a deed or other instrument of conveyance or plat makes reference. The ARC is specifically empowered to enforce the provisions of this Declaration by any legal or equitable remedy, and in the event it becomes necessary to resort to litigation to determine the propriety of any constructed improvement, or to remove any unapproved improvements,the prevailing party shall be entitled to recovery of all court costs, expenses, reasonable attorney's and paraprofessional's fees in connection therewith and the same shall be assessable and collectible in the same manner as any Specific Assessment provided for herein. The Association shall indemnify and hold harmless each member of the ARC from all costs, expenses, and liabilities, including attorney's and paraprofessional's fees, incurred by virtue of any service by a member of the ARC. A perpetual, non-exclusive easement over, across and through the private roadways of the Community and a right of entry upon any Lot or Parcel is hereby granted to the County and other applicable Governmental Entities for the limited purpose of permitting code inspectors to inspect and examine the construction of improvements, additions, or modifications on such Lot or Parcel. 8.14 Exemption. Notwithstanding anything to the contrary contained herein: 8.14.1 improvements and construction activities of Declarant on any portion of the Property and from time to time shall be exempt from the provisions of this Article; and 8.14.2 improvements and construction activities of a Builder on any Lot or Parcel owned by such Builder shall be exempt from the provisions of this Article, provided that such improvement and construction activities are consistent with the plans and specifications for such Lots as approved by the ARC prior to such Builder's acquisition of Lots or Parcels in the Community or annexation of any of such Builder's property into the Community, whichever occurs first. 8.15 Amendment. This Article may not be amended without Declarant's written consent in its sole and absolute discretion so long as Declarant owns any portion of the Property or until Declarant has elected not to add any additional property to the scope of this Declaration (through recording of a notice in the public records of the County to such effect), whichever occurs last. 128155526.10 36 16A2 8.16 Compliance with Governmental Entity Reouirements. In addition to the 'Foregoing requirements,any alteration,addition, improvement or change must be in compliance with the requirements of all Governmental Entities, and the Owner shall be required to obtain an appropriate building permit from the Governmental Entities when required by controlling Governmental Entities.Any consent or approval by the Association to any addition, alteration, improvement, or change may be conditioned upon the Owner requesting such approval obtaining a building permit for same, or providing the Association with written evidence from the controlling Governmental Entity that such permit will not be required, and in that event the Owner requesting architectural approval shall not proceed with any addition, alteration, improvement, or change until such building permit or evidence that a building permit is not required is submitted to the Association. 8.17 No Liability. Notwithstanding anything contained herein to the contrary, Declarant or the ARC, as applicable, shall merely have the right, but not the duty, to exercise architectural control, and shall not be liable to any Owner or any other Person due to the exercise or non-exercise of such control, or the approval or disapproval of any improvement. Furthermore, the approval of any plans or specifications or any improvement shall not be deemed to be a determination or warranty that such plans or specifications or improvement are complete or do not contain defects,or in fact meet any applicable standards,guidelines and/or criteria or are in fact architecturally or aesthetically appropriate, or comply with any applicable Governmental Entity requirements, and Declarant, Original Owner, the ARC or the Association, as applicable, shall not be liable for any defect or deficiency in such plans or specifications or improvement, or any injury resulting therefrom. ARTICLE 9: MAINTENANCE BY THE ASSOCIATION; IRRIGATION 9.1 Preamble. The responsibility for the maintenance of the Community is divided between the Association, the District and the Owners. Maintenance of all portions of a Lot or Parcel, including the interior maintenance of all structures, unless otherwise provided in this Declaration, is the responsibility of the Owner thereof. The Board of Directors has the right to require the Owners to maintain Homes, Lots, Parcels and any Subdivision Common Areas, in accordance with the Community Wide Standards; and it is the responsibility of the Owner to keep the property (including improvements) in a neat and attractive condition and removed all objectionable debris or material as may be located on their Lot or Parcel or the Common Property. Open spaces within the Community (meaning all areas not containing improvements) shall be maintained by the Association so that its use and enjoyment as open space will not be diminished or destroyed. 9.2 Maintenance by the Association. 9.2.1 Commencing as of the date hereof, the Association shall maintain and keep in working condition the Common Property, with such maintenance to be funded as herein provided. The costs of maintenance, repair and replacement of the Common Property shall be collected through one or more different types of Assessments as described hereinafter. 9.2.2 Any walls, berrns, fences and appurtenant landscaping constructed or installed by the Association shall be maintained by the Association, except as otherwise required to be maintained by an Owner hereunder or contained within a Subdivision for which the Subdivision Association has responsibility pursuant to a Subdivision Declaration or other instrument or agreement. A perpetual, non- exclusive easement of ingress and egress over, across and through all applicable portions of the Property is hereby granted to the Association for purposes of construction, installation and maintenance activities related to any such walls, berms and fences. The Association shall exercise its powers of ingress and egress in a manner which does not unreasonably interfere with use of the Property over which ingress or egress is utilized. 9.2.3 All Boundary Walls and any other walls, berms and fences constructed or installed by Declarant and/or the Association shall be maintained by the Association, including all of same that are constructed upon any portion of a Lot or Parcel. A perpetual easement of ingress and egress over all applicable portions of the Property is hereby granted to the Association for purposes of construction, 128155526.10 37 1 6 A 2 installation and maintenance activities related to any such Boundary Walls and any other walls, berms and fences. The Association shall exercise its powers of ingress and egress in a manner which does not unreasonably interfere with use of the Property over which ingress or egress is utilized. 9.2.% In the event that a Boundary Wall contains a gate providing private access to the rear yard of a Lot or Parcel, the Association shall be the sole party responsible for maintaining, repairing, replacing and/or reconstructing such gates and its related facilities, but the Owner shall be entitled to lock such gate to ensure such Owner's private use of the gated areas (provided that the Owner shall ensure that the Association shall have access to the rear yard areas of a Lot or Parcel in order to perform maintenance activities on a Boundary Wall and any other wall, berm and fence upon prior reasonable written notice delivered by the Association to such Owner). There may be lighting fixtures which are constructed as a part of such gate and wall structures, in which event the Owner of the Lot or Parcel shall be the owner of the lighting fixtures, but the Association shall be responsible for maintaining, repairing and replacing the lighting fixtures and the light bulbs contained therein. 9.2.5 The Association may contract with any Person for the maintenance of all or part of the Common Property for purposes of carrying out all or a portion of the maintenance services provided for in this Declaration, or for the provision of Services (as defined in Section 15.3 hereof). 9.2.6 If any lake or other water body is part of the Common Property (i.e., is not owned or operated by the District), the Association shall be responsible for the maintenance of such lake or other water body, except for those lakes or other water bodies which may be specifically maintained by another entity. 9.2.7 Unless otherwise limited or specifically described elsewhere herein, the Association may also maintain any property which is not a part of the Property or the Common Properties, if by agreement of Declarant or 'the Association, the Association is obligated to maintain such property. Such maintenance shall include, but shall not be limited to, maintenance of drainage and stormwater management systems, utilities, berms, swales, lakes and all private streets or roads located on the Property, including any private streets which may not be specifically maintained by another entity. If pursuant to any easement the Association is to maintain any improvement within any portion of the Property, then the Association shall maintain such improvement in good condition at all times. In addition, the Association shall have the right to assume the obligation to operate and/or maintain any portion of the Property which is not owned by'the Association or Declarant if the Board of Directors, in its sole discretion, determines that the operation and/or maintenance of such properly by the Association would be in the best interests of 'the Owners. In such event, where applicable, the Association shall so notify any Owner otherwise responsible for such operation or maintenance, and thereafter such property shall be operated and/or maintained by the Association and not by the Owner, until 'the Board of Directors determines no longer to assume 'the obligation to operate and/or maintain such property and so notifies the appropriate Owner in writing. Without limitation, the Association shall have the right to assume the obligation to operate and/or maintain any walls or fences on or near the boundaries of the Property, and any pavement, landscaping, sprinkler system, sidewalks, paths, signs, entrance features, or other improvements, within the unpaved portion of any public road rights-of-way within or contiguous to the Property. In addition, the Association shall have'the right to maintain entry lights and street lights along the private streets or roads and publicly dedicated streets or roads, if any, located on the Property. To 'the extent 'the Association assumes the obligation to operate and/or maintain any portion of the Property which is not owned by the Association, 'the Association shall have an easement and right'to enter upon such property in connection with the operation in or maintenance of'the same, and no such entry shall be deemed a trespass. Such assumption by the Association of the obligation to operate and/or maintain any portion of the Property which is not owned by'the Association or Declarant may be made in connection with an agreement with any Owner or any Governmental Entity. Pursuant to any such document, the operation and/or maintenance of such property may be made a permanent obligation of the Association. The Association may also enter into agreements with Declarant or any other Person, including any Governmental Entity, to share in the maintenance responsibility of any portion of'the Property or lands not part of the Property if'the Board of Directors, in its sole and absolute discretion, determines this would be in the best interests of the Owners. To the extent the Association assumes the obligation to operate and/or maintain any property which is not 128155526.10 38 16A2 Common Property or owned by the Association or Declarant, the obligations of the Association shall be set forth by written agreement entered into with the owner of such property. 9.2.8 The Association is responsible for maintaining, repairing and replacing the Community Entry Features and all improvements constructed or developed thereon and therefore from time to time. Further, the Association is responsible for all lighting of the Community Entry Features and for the paying of all utilities used in connection with the operation and maintenance thereof. All costs incurred by the Association in the performance of its maintenance and repair obligations hereunder shall be included as a general expense of the Association and shall be allocated pursuant to the Assessment process provided hereinafter. 9.2.9 The Association may have the obligation for expenses for lease or operation of street lighting facilities from the date of recording this Declaration or from the date of installation of the street lighting, whichever occurs first. 9.2.10 The Association is required to maintain, repair and replace all signage required by the applicable Governmental Entity pertaining to roads, traffic control, mitigation, conservation, wetland or other areas contained within the Property. 9.2.11 Irrigation. 9.2.11.1 Irrigation Distribution System. The Association will own and operate, as part of the Common Property, an underground irrigation distribution system ("Irrigation System") which will provide grass and landscape irrigation to the Property, including all Lots, Parcels, Subdivision Common Areas and Common Property, as more particularly described in this Section. 9.2.'11.1.2 All lines, pipes, sprinkler heads and other facilities pertaining to the Irrigation System,whether or not located on a Lot or Parcel, shall be maintained, repaired, replaced and/or reconstructed by the Association, and the costs and expenses of such activities, as well as the costs and expenses of water(if any)serving the Lots and Parcels, shall be collected through the levying of a Landscape Assessment, except as otherwise provided herein. 9.2.11.1.3 Notwithstanding the provisions of Section 9.2.'11.1.2 to the contrary, with regard to 'the Lots and Parcels within a Subdivision, all irrigation lines, pipes, sprinkler heads and other facilities contained within such Subdivision shall be maintained, repaired, replaced and/or reconstructed by the Subdivision Association, and the costs and expenses of such activities, as well as the costs and expenses of water (if any) serving the Lots, Parcels and Subdivision Common Areas within a Subdivision, shall be collected through the Subdivision Association's assessment process as prescribed in the Subdivision Declaration. 9.2.11.1.4 The Irrigation System and all irrigation components within a Subdivision shall be maintained and operated in accordance with the Community Wide Standards. 9.2.1'1.1.5 Regardless of the location of irrigation lines, pipes, sprinkler heads and other facilities, the Association shall conduct routine and ordinary inspections of the Irrigation System. 9.2.11.2 Reserved Rights of the Association to Control Amount of Water. The Association, in order to ensure that all portions of the Property may have water for irrigation purposes, specifically reserves the right, through the determination of the Board, 'to control, in its sole discretion, the amount of irrigation water delivered to all particular portions of the Property. In such regard, the Association shall have exclusive rights and access to all sprinkler timer clocks and automatic rain sensor/shut-off devices within the Property, whether or not on a Lot, Parcel or the Common Property, and each Owner, by virtue of 128155526.10 39 16A2 taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the Association has and shall continue to have such exclusive rights and that the Owner shall not undertake or permit any action which would interfere,directly or indirectly,with t the Association's exercise of its duties under and pursuant to this Section 9.2.11. 9.2.11.3 Irritation System Easement. A perpetual, non-exclusive easement is hereby granted to the Association over, across, under and through the Property for the purpose of ingress and egress and designing, studying, mapping, engineering, constructing, maintaining, operating and servicing any portion(s) of the Irrigation System. 9.2.11.4 Irrigation Service. The Association will manage, maintain and operate the Irrigation System,and same shall be a part of the Common Property and the costs and expenses pertaining to same shall be Common Expenses. Every Owner, by virtue of taking title to a portion of the Property, shall indemnify, defend and hold harmless the Association and its supervisors,officers, employees and agents against and in respect of, and reimburse the same on demand for any and all claims, demands, losses, costs, expenses, settlement obligations, liabilities, damages, recourse and deficiencies, including, but not limited to, interest, penalties, attorneys'fees and disbursements (even if incident to appeal) that the Association, its supervisors, officers, employees and agents incur or suffer which arise, result from or relate to any claim made by any party based on the installation, operation and maintenance of the irrigation system and the provision of irrigation service to the Lot or Parcel, including, without limitation, property damage, personal injury or claims for inconvenience. 9.2.11.5 Source of Water. All Owners and Subdivision Associations acknowledge and agree, and shall be deemed to have acknowledged and agreed, that irrigation water is provided from one or more irrigation lakes containing reused water, but that the waters in such lakes may be supplemented from time to time by potable water, reclaimed water, irrigation wells and/or groundwater sources, subject to approval by 'the applicable Governmental Entities. All Owners and Subdivision Associations further acknowledge and agree, and shall be deemed to have acknowledged and agreed, 'that the Governmental Entities may in the future require reclaimed or reused water. 9.3 Failure of Association to Perform its Duties. In the event'that the Association shall fail to carry out any of its maintenance activities hereunder, then any aggrieved Owners may seek to specifically enforce'the provisions ofthis Declaration subject to the terms and provisions hereof. 9.4 Use of Chemicals by the Association. The maintenance provided by the Association may include dispensing maintenance chemicals'to'the extent deemed necessary or desirable, in the judgment of the Board. A perpetual right and easement on, over and under all portions of the Property is reserved to the Association to dispense maintenance chemicals and 'to take other action which, in the opinion of the applicable party,are necessary to control insects, vermin, weeds and fungi on'the Property exclusive of the interior of buildings and other structures constructed thereon. THE PROVIDING OF MAINTENANCE CHEMICALS AS DESCRIBED ABOVE SHALL NOT BE CONSTRUED AS AN OBLIGATION ON THE PART OF THE ASSOCIATION TO PROVIDE SUCH SERVICES. 9.5 Additional Maintenance and Operational Duties. The Association's duties shall include, but not be limited to,the foregoing maintenance and operational duties as well as any other particular duties set forth in this Declaration. The Association may, in the discretion of the Board, assume additional maintenance or operational duties not set forth in this Declaration. In such event, the cost of such additional duties shall be allocated'through'the Assessment process as provided hereinafter. ARTICLE 10: MilAIt T ENANCE BY OWNERS, SU-DIVISION ASSOCIATIONS AN,, THE ASSOCIATION 10.1 Maintenance Pertaining to Lots and Parcels. 128155526.10 40 16A2 10.1.1 The Owner of a Lot or Parcel shall have the obligations to perform the maintenance and other obligations of such Owner as provided in Section 3.1 hereof. 10.1.2 Except for the responsibilities on a Lot or Parcel which are specifically those of the Association, each Owner, including specifically each Builder, shall be solely responsible for maintaining, repairing, replacing and/or reconstructing the Lot or Parcel and all structures, parking areas and other improvements thereon. In the event that a Home is going to be unoccupied for a consecutive period of one month or longer, the Association may require the Owner to designate a responsible firm or individual to undertake such Owner's general maintenance responsibilities, which responsibilities shall include, at a minimum, maintaining exterior appearance, safeguarding the property to prepare for severe weather and repairing the property in the event of any damage therefrom. At the request of the Association, the names and address of such firm or individual must be furnished to the Association. '10.1.3 Further, the Owner of the Lot or Parcel shall be solely responsible for maintaining, repairing, replacing, reconstructing and insuring the physical improvements located on such Owner's Lot or Parcel. 10.1.4 All maintenance required of an Owner by this Section shall be performed in a manner consistent with the Community Wide Standards. After 10 days' notice by the Board to correct deficient maintenance, if said deficiencies remain uncured, then the Board shall have the absolute right'to contract for and to perform maintenance as shall be prescribed by the Board and for the purpose the Owner grants unto the Board, its agents, employees, and all others designated by the Board, the right to enter upon the Lot or Parcel of the Owner for the purpose of completing such maintenance work, all without liability or responsibility, criminal or civil, for trespass or any other action. Advance notice shall not be required if the Association determines an emergency condition exists. The cost of such work required by the Board 'to cure maintenance deficiencies, together with an administration surcharge equal 'to 10% of such cost, shall be collected by the Association through the levying of a Specific Assessment. 10.1.5 There may be certain Common Properties lying between the rear boundary of a Lot or Parcel and a Boundary Wall which are enclosed and can only pertain to one particular Lot for use of such portion of the Common Property. The Owner of the adjacent Lot or Parcel thereof shall only be permitted to undertake improvements to such enclosed portion of the Common Property(including, but not limited to, landscaping installations) with the prior written consent of the ARC, and if so approved by the ARC, such Owner and the Association shall be required to maintain such area in the same manner as contemplated herein as pertaining to a Lot or Parcel. 10.1.6 Subject to the rights and obligations of the Association as provided herein (with specific reference to Section 10.5 hereof), all Lots or Parcels in a Subdivision shall be maintained in accordance with the provisions of the applicable Subdivision Declaration. 10.1.7 If the Owner of a Lot or Parcel or the Subdivision Association(as the case may be) fails to perform all maintenance activities and duties required hereunder or under the Subdivision Declaration in accordance with the Community Wide Standards, the Association may, but shall not be obligated to, enter upon the Lot or Parcel and perform the necessary maintenance activities, in which event the Association may charge the Owner of the Lot or Parcel for the costs and expenses thereof(through the levying of a Specific Assessment). 10.'1.8 ft is understood and agreed that there may be different responsible parties 'for maintenance under the various Subdivision Declarations. If the maintenance of a Lot or Parcel is not governed by a Subdivision Association,the Lot or Parcel shall be maintained by the Owner'thereof, except to the extent that the Association is obligated 'to perform maintenance on a Lot or Parcel as contemplated under this Declaration. 10.1.9 There may be certain Common Properties lying between the rear boundary of a Lot and a Boundary Wall which are enclosed and can only pertain to one particular Lot for use of such portion of the Common Property. The Owner of the adjacent Lot thereof shall only be permitted to undertake 128155526.10 41 improvements to such enclosed portion of the Common Property (including, but not limited to, landscaping 1 6 A 2 installations) with the prior written consent of the ARC, and if so approved by the ARC, such Owner and the Association shall be required to maintain such area in the same manner as contemplated herein as pertaining to a Lot. 10.1.10 In the event that the Owner of a Lot containing a Townhome or en Attached Villa fails to maintain and/or repair the exterior surfaces and/or structural components of such Townhome, and if a Subdivision Association having oversight over such Townhome or Attached Villa fails to take corrective or necessary actions in connection with such Townhome or Attached Villa, (a) the Association may, but shall not be obligated to,enter upon the Lot and perform the necessary maintenance and/or repair activities, in which event the Association may charge such Owner for the costs and expenses thereof (through the levying of a Specific Assessment), or(b)the Owner of the adjacent Lot containing the adjacent Townhome or Attached Villa, after written notice to the offending Owner of the failure to maintain and/or repair and such offending Owner having a reasonable opportunity to cure but failing to do so, shall be entitled and permitted to enter upon the Lot of the offending Owner and perform the necessary maintenance and/or repair activities and the offending Owner shall be responsible and liable for all appertaining costs and expenses pertaining to such maintenance and/or repair activities. 10.2 Maintenance of Subdivision Areas. The Owner of a Lot or Parcel and/or the Subdivision Association created with regard to such Lot or Parcel shall be solely responsible for maintaining, repairing, replacing, reconstructing and insuring the physical improvements (except as otherwise provided herein to the contrary) on a Lot or Parcel (such maintenance activities to occur in accordance with the applicable provisions of the Subdivision Declaration, subject to applicable prior approval of the ARC). A Subdivision Association shall be solely responsible for maintaining, repairing, replacing, reconstructing and insuring any Subdivision Common Areas. 10.3 Failure to Maintain. In the event that an Owner fails to maintain or repair an improvement, within 30 days'written notice of same from the Association,then the Association, after approval by 2/3 vote of the Board of Directors, shall have the right, but not the obligation, through its agents and employees, to repair, maintain, and restore 'the improvement (or portion thereof). The cost of same shall be a Specific Assessment against said Owner. 10.4 Requirement to Maintain Insurance. In addition to the foregoing, all Owners shall be required to obtain and maintain adequate property insurance on their Lot or Parcel (as may be applicable). Such insurance shall be sufficient for necessary repair or reconstruction work in the event of casualty and remove damaged or demolished portions of the Lot or Parcel. The Owner of a Townhome or Attached Villa shall name the Owner of the adjacent Townhome or Attached Villa, as the case may be(and such Owner's mortgagee), as additional insureds, as their interests may lie, with respect to the structural and shared components of the overall structure collectively containing the Townhornes or Attached Villas, as the case may be. If requested, en Owner shall provide the Association with a copy of the certificate of insurance evidencing the coverage purchased and the amount of coverage. The Association shall have the power to undertake legal proceedings to compel compliance with this insurance requirement. ARTICLE 11: SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM 11.1 Owner Acknowledgment. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that due to groundwater elevations underneath the Property, priorities established by Governmental Entities,and other causes outside of the reasonable control of Declarant,the Original Owner,the Association and'the District, lake water levels may fluctuate at certain times during the year and such fluctuations may be material. Neither Declarant nor the Original Owner nor the Association nor the District shall have any liability for aesthetic conditions, damage to plantings or direct or consequential damages of any nature caused by the fluctuation of lake water levels, seasonal conditions or natural occurrences. 11.2 System Defined. The "Surface Water Drainage and Management System" shall be 'the portions of the Property including improvements thereon which are designed and constructed or 128155526.10 42 16A2 _ implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water or prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise effect the quantity and quality of discharges from such system as contemplated or provided in the applicable permits, development orders or other authorizations pertaining to the development of the Property. The Surface Water Management System shall be governed by the approved County and WMD construction plans for the property, which are on file with the applicable Governmental Entity, as well as the WMD Permit. 11.3 Maintenance by the District. The Surface Water Drainage and Management System shall be owned and maintained by the District in compliance with all approvals, codes and regulations of applicable Governmental Entities. Maintenance of the Surface Water Drainage and Management System shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the applicable Governmental Entity and shall specifically include, but not be limited to, maintenance of aquatic vegetation, lake beds, lake banks, lake liners, littoral planting and lake maintenance easements which pursuant to the terms of this Declaration, plat or agreement are not the responsibility of others, as well as water quality and wetland monitoring or testing. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted by the applicable Governmental Entity. 11.4 Prohibited Actions. No action shall be undertaken which modifies the Surface Water Drainage and Management System in a manner which changes the flow of drainage of surface water, except to the extent the same is approved by the requisite Governmental Entities, Declarant so long as Declarant owns any portion of the Property, and the District as the party having the obligation to maintain the Surface Water Drainage and Management System. 11.5 Easements. The Property shall be burdened with easements for drainage and flow of surface water in a manner consistent with the approved and constructed Surface Water Drainage and Management System.The Association and the Governmental Entities shall have a non-exclusive easement for use of Surface Water Drainage and Management System, and an easement for ingress, egress and access to enter upon any portion of the Property in order to construct, maintain or repair,as necessary, any portion of the Surface Water Drainage and Management System, provided such easement rights shall be exercised in a manner which does not unreasonably disturb use or condition of the Property. 11.6 Conveyance by Declarant. Declarant may convey its ownership interest in the lakes, preserves, conservation areas, or other surface water drainage and management systems within the Property to the District, together with easements for maintenance and other drainage improvements, such as by way of example and without limitation,weirs and underground pipes. 11.7 Amendments Impacting the Surface Water Management System. Any amendment of this Declaration which would affect the Surface Water Drainage and Management System or the responsibility of the District to maintain or cause to be maintained the Surface Water Drainage and Management System must have prior written approval by the applicable Governmental Entity. 11.8 Enforcement. Declarant,the Association,the Governmental Entities and each Owner shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation, monitoring, repair and replacement of the Surface Water Drainage and Management System and maintenance of all easements and rights-of-way. 11.9 Continuity of Operation and Maintenance of the Surface Water Drainage and Management System. The Association shall have perpetual existence. However, should the Association be terminated, dissolved or liquidated, the Surface Water Drainage and Management System will be transferred to and maintained by one of the entities identified in Sections 12.3.1(a) through (f) of the WMD's Applicant Handbook Volume I ("Handbook"),which entity shall have the powers listed in Sections 12.3.4(b)1.through 8. of the Handbook, the covenants and restrictions required in Sections 12.3.4(c)1. through 9. of the Handbook, and the ability to accept responsibility for the operation and routine custodial maintenance of the Surface Water Drainage and Management System and in Section 12.3.4(d)1. or 2. of the Handbook 128155526.10 43 16A2 . prior to the Association's termination, dissolution or liquidation. The WMD shall approve such entity prior to such termination, dissolution or liquidation of the Association. Further, for purposes of clarity, the WMD shall have the right to take enforcement measures in accordance with Section 12.3.4(c)(8)of the Handbook. ARTICLE 12: ADDITIONS TO OR DELETIONS FROM PROPERTY 12.1 General. 12.1.1 Additions to the Property. Additional land (which shall not necessarily be required to be contained within the general concepts of the Community, and in fact may be lands located in the general vicinity of the Community as owned by Declarant) may be made subject to all t the'terms hereof and brought within the jurisdiction and control of the Association in the manner specified in this Article. Such additional property may constitute additional Common Property or a portion of the Property. Notwithstanding the foregoing, however, under no circumstances shall Declarant be required to make such additions, and until such time as such additions are made to the Property in the manner hereinafter set forth, no other real property shall in any way be affected by or become subject to this Declaration. All additional land which is brought within 'the jurisdiction and control of the Association and made subject to this Declaration, pursuant 'to this Article, shall 'thereupon and thereafter be included within the term "Property"as used in this Declaration. Notwithstanding anything contained in'this Section, Declarant neither commits to, nor warrants or represents, 'that any such additional land will be made subject to and brought within'the jurisdiction and control of the Association. 12.1.2 Mergers. Upon a merger or consolidation of the Association with another non-profit corporation, its property (whether real or personal or mixed) may, by operation of law, be transferred to the surviving or consolidated corporation or, alternatively,the property of the other non-profii corporation may, by operation of law, be added 'to 'the property of the Association as the surviving corporation pursuant to a merger. The surviving or consolidated corporation shall thereafter operate as the Association under this Declaration and administer 'the covenants and restrictions established by this Declaration upon the Property. No such merger or consolidation, however, shall effect any revocation, change or addition 'to the covenants established by this Declaration. 12.1.3 Deletions from the Property only by Declarant. Except as otherwise provided herein pertaining to deletions from 'the Property, only Declarant may delete and withdraw a portion of the Property'from being subject to this Declaration. 12.2 Procedure for Making Additions to or Deletions from'the Property. Additions to or deletions from the Property may be made, and thereby become subject to 'this Declaration by, and only by, the following procedure: 12.2.1 Addition of Lands by Declarant. Except as otherwise provided in herein where applicable and to the contrary, Declarant shall have the right from'time to time, in its discretion and without need for consent or approval by either the Association or any Owner or Member, or other third party to make additional lands owned by Declarant subject to the scheme of this Declaration and to bring such land within the jurisdiction and control of the Association; provided, however, in the event any portion of such additional land is encumbered by one or more mortgages, Declarant must obtain the consent and approval of each holder of such Morigagee(s). In Declarant's sole discretion, portions of such additional land may be designated as Common Property. 12.2.2 Procedure for Addincr Lands. The addition shall be accomplished by Declarant filing of record in the public records of the County a supplement to this Declaration with respect to the additional land is made subject to this. Except as otherwise provided herein where applicable, such supplement need only be executed by Declarant and shall be accompanied by the consent(s)and joinder(s) of any holder(s) of Mortgage(s) on such additional land. Such supplement may contain such additional provisions and/or modifications of'the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added land or permitted uses thereof. In no event, however, shall such supplement revoke, modify, or add to the covenants and restrictions established by 128155526.10 4 16A2 this Declaration affecting the land already constituting the Property unless such supplement also constitutes an amendment accomplished in accordance with Article 22 hereof. 12.2.3 Continued Use of Common Property. No addition shall revoke or diminish the rights of the Owners of the Property to the utilization of the Common Property as established hereunder, except to grant to the owners of the land being added to the Property the right to use the Common Property according to the terms and conditions as established hereunder, and the right to vote and be assessed as hereinafter provided. 12.2.4 Withdrawal of Lands by Declarant. Declarant may delete and withdraw one or more portions of the Property from being subject to this Declaration by a supplement to this Declaration recorded in the public records of the County which specifically and legally describes the property being withdrawn. Declarant must own the property being withdrawn. Such supplement need only be executed by Declarant and shall not require the joinder and consent of the Association or any Owner or Member, or other third party. 12.2.5 No Obligation to Add or Withdraw Lands. Nothing contained in this Article shall obligate Declarant to make additions to or deletions from the Property. 12.3 Voting Rights of Declarant as to Additions to the Property. Declarant shall have no voting rights as'to the land to be added to'the Property or any portion thereof until such land is actually added to the Property in accordance with the provisions of this Article. Upon such land being added to the Property, Declarant shall have 'the voting rights as set forth in the instrument amending or supplementing this Declaration. 12.4 Assessment Obligations of Declarant as to Additions to the Property. Declarant shall have no assessment obligations as to the land added to the Property until such land or portion thereof is actually added to the Property in accordance with the provisions of this Article, following which Declarant shall have assessment obligations as set forth in'this Declaration. ARTICLE 13: MEMBERSHIP AND VOTING RIGHTS 13.1 Membership. 13.1.1 Non-Declarant Owner Member. Each Owner and the Owner of a Lot or Parcel (including Declarant)shall be a Member as to each Lot or Parcel(or portion thereof)owned. When any Lot or Parcel is owned of record by two or more Persons,all such Persons shall be a Member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot or Parcel and shall be automatically transferred by conveyance of that Lot or Parcel. When more than one individual holds an interest in a Lot or Parcel which has not yet been divided into Lots and/or Homes, 'the vote for such Lot or Parcel shall be exercised as the Owners thereof determine, but in no event shall more than the number of votes hereinafter designated be cast with respect to any such Parcel. Prior'to the'time of any meeting at which a vote of'the membership is to be taken, the co-Owners shall file the name of the voting co-Owner with the secretary of the Association in order that such voting co-Owner is permitted and entitled to vote at such meeting, unless a general voting certificate giving such information shall have previously been filed with the secretary of the Association. The By-Laws may provide more detailed provisions regarding the voting procedure for co-Owners, including, but not limited to, husband and wife co-Owners, and also Owners which are corporations or other legal entities. There shall be no split vote permitted with respect to such Lots or Parcels. Any Member may cast such Member's vote(s) upon becoming a Member without regard to a record date for determining those Members entitled to vote, unless otherwise provided in the By-Laws or otherwise provided in the statutes of Florida governing the Association. 13.1.2 Declarant. Declarant shall be a Member until such time as all of the Lots and Parcels'that may be constructed within the Property have been conveyed to third parties, or until Declarant 128155526.10 45 16A2 relinquishes its membership by written notice to the Association recorded in the public records of the County. 13.2 Classes of Membership and Voting. The Association shall have 2 classes of voting membership. The 2 classes of voting membership, and the voting rights related thereto, are as follows: 13.2.1 Class A. "Class A Members" shall be all of the Owners of the Property; provided, however, that so long as there is Class B membership, Declarant shall not be a Class A Member. "Class A Lots and Parcels" shall mean all Lots and Parcels owned by the Class A Members. 13.2.2 Class B. The"Class B Member"shall be Declarant(for so long as Declarant owns any portion of the Property) and Original Owner (for so long as Original Owner owns any portion of the Property). "Class B Lots"shall be all Lots and Parcels owned by Declarant and Original Owner which have not been converted to Class A membership as provided below. 13.3 Creation of Classes of Membership and Voting. Declarant shall have the right to create new classifications of membership by the recordation of an instrument in the public records of the County reflecting same. Any such instrument recorded by Declarant must reflect the ownership classification, voting rights and assessments relating to such classification of membership. ARTICLE 14: TRANSFER OF CONTROL OF THE ASSOCIATION 14.1 Transfer of Control. 14.1.1 Until Transfer of Control, Declarant shall be entitled to solely appoint all members of the Board, provided that Members other than Declarant are entitled to elect at least one member of the Board (but not a majority of the members of the Board) once 50% percent of the Lots and Parcels in all phases of the Community which will ultimately be operated by the Association have been conveyed to Members. 14.1.2 Class B membership will terminate and convert automatically to Class A membership, and Transfer of Control of the Association for the Members other than Declarant shall occur, when the earliest of the following events occurs: 14.'1.2.'1 3 months after 90% of the Lots and Parcels in all portions of the Community which are or may be ultimately subject to governance by the Association have been conveyed to Members other than Builders, contractors, or others that purchase a Lot or Parcel for the purpose of constructing improvements thereon for resale, as designated by Declarant; 14.1.2.2 upon Declarant abandoning or deserting its responsibility to maintain and complete the amenities or infrastructure as disclosed in the Governing Documents(there is a rebuttable presumption that Declarant has abandoned and deserted the Property if Declarant has unpaid Assessments or guaranteed amounts under Section 720.308 of the Act for a period of more than 2 years); 14.1.2.3 upon Declarant filing a petition seeking protection under chapter 7 of the federal Bankruptcy Code; 14.1.2.4 upon Declarant losing title to the Property through a foreclosure action or the transfer of a deed in lieu of foreclosure, unless the successor owner has accepted an assignment of declarant's rights and responsibilities first arising after the date of such assignment; 14.1.2.5 upon a receiver for Declarant being appointed by a circuit court and not being discharged within 30 clays after such appointment, unless the court determines within 30 days after such appointment that transfer of control would be detrimental to the Association or its members; or 128155526.10 46 16A2 14.1.2.6 when Declarant waives its rights to Class B membership, which waiver shall be evidenced by the recording of a certificate to such effect in the public records of the County. 14.1.3 Notwithstanding any provision herein to the contrary,for so long as Original Owner owns any Lot or other portion of the Property, Declarant may noi, without prior written consent of Original Owner, effectuate the Transfer of Control (which serves to terminate Class B memberships), except as specifically required under Section 720.307 of the Act. 14.2 Subsequent to Transfer of Control. Subsequent to Transfer of Control, Declarant shall be entitled'to elect at least one member of the Board (and in fact shall be entitled to elect all members of the Board which will constitute one less than a majority of the members of the Board) as long as Declarant holds for sale in the ordinary course of business at least 5%of the Lots and Parcels that may be constructed in all phases of the Community that will ultimately be operated by the Association. After Declarant relinquishes control of the Association, Declarant may exercise the right to vote in the same manner as any other Member, except for purposes of reacquiring control of the Association by selecting the majority of'the members of the Board of Directors. 14.3 Termination of Class B Membership. Upon Transfer of Control, of the Association, Class B membership shall terminate and Declarant and Original Owner shall own portions of the Property in the same manner as a Class A Member. ARTICLE 16: RIGHTS AND OBLIGATION'S OF SHE ASSOCIATION 15.1 General Provisions. The Association shall govern, make rules and regulations, control and manage the Property and the Common Property pursuant to 'the terms and provisions of the Governing Documents and the ARC Guidelines('to the extent that the Association has the power to enforce such ARC Guidelines). The Association may lease all or any portion of the Common Property conveyed 'to the Association, pursuant to the provisions of this Declaration, which lease must be subject to and in accordance with the provisions of this Declaration. The Association shall further have the obligation and responsibility for the hiring of certain personnel and purchasing and maintaining such equipment as may be necessary for t the administration and operation of the Association, the maintenance, repair, upkeep and replacement of any Common Properties and facilities which may be located thereon (including, but not limited to, the maintenance of all required buffer zones, lakes, rights-of-way, roads, medians, swales, and utility easements), and the performance of any of its other maintenance obligations. Any Common Properties which are'to he maintained by 'the Association as provided herein shall be maintained in good condition and repair. The Association shall also perform such other duties as are set forth herein, including, but not limited to, the following specific maintenance and operational duties: 15.1.'1 Entry System. Notwithstanding the foregoing, the Association may, but is not obligated to, operate an entry system at the Property. If an entry service is operated by the Association, the Board of Directors shall determine, in its sole discretion, the scheduling, costs and expenses of such entry service. Further, the Association shall maintain any electronic, mechanical or entry systems which may be installed by Declarant, the Original Owner and/or the Association to control and/or monitor access onto the Property from adjoining lands. Nothing in this Declaration shall obligate the Association to employ or maintain an access control service or personnel or any electronic, mechanical or other property protection system. 15.1.2 Utilities and Taxes. The Association shall pay for all utility services (including, without limitation, any and all electric, telephone, water, sewer, cable and interactive television and entry systems, the real property ad valorem taxes and governmental liens assessed against the Common Properties and billed to'the Association. 15.1.3 Insurance. The Association shall at all times obtain and maintain policies of commercial general liability insurance, hazard insurance, flood insurance, and such other types of insurance as 'the Board deems adequate and advisable generally and specifically to comply with requirements of First Mortgagees. The Association additionally shall cause all persons handles or is 128155526.10 47 � x� � ^� � �� _ responsible For collecting and disbUrsing Association funds to be insured or bonded with adeqUai8fidellty insurance orbonds. 15A.4 BnundemVVeUe. 15.1.4.1 The Association may, but shall in no manner beobligated to, of — thePropedy (whichohaUbadeamedtoinc|udead]smenionaaacontainedonaLot -ciapennUiedundert—' subdivision p|at(o)pedainingto-the Cnmmunity). The Association shall maintain, repair, replace and insure, at its U Walls -the interior our�nethereo�vvdhin theCommunKy. ''� 15.1.4.2 Notwithstanding the provisions ofSection 15.iAA -to the contrery the improvements constructed with respectto �heemergenoyaccess point aadescribed in Geuiion71— ` hereof nhabemoinbainedin �ouondanuehtheogreemerdeondinat/umantaon �|em/iih �heCou�y (or in accordance with any easement agreement pertaining thereto, ifrecorded in -the public records cf the ' County prior too/subsequent-to the recording of this Dec|araiiun). 151.5 Additional Water YNanaqement Provisions. The Association has the power to anceptaubaequentphsneaihatvvi|!uii|izetheaurfacem/ate/mmnegemeniayedemeoorigine||yooniemp|aied under the applicable Governmental Entity construction plans. 15.2 K8anaciement Contracts and Leases of Common Pnopertv The Association shall expressly have the power to noninaui for the management of the Association and/or the Common Propedy, and to lease the Common Property and the recreation facilities in accordance with the provisions of this Dec|anaiion, and ehsU further have the povverio delegate to such contractor or lessee any or all of the powers and duties of the Association respecting the contract granted or property leased. The Association shall further have-the powerto employ administrative and other personnel to perform the services required for proper administration of-the AaeuoisUon The undertakings and contracts authorized by the Board of Directors consisting of directors appointed by Deu|arani shall be binding upon the Association in the same manner oothough such undertakings and contractors had been authorized by the Board of Directors consisting of directors duly elected by-the membership mf the Association. 15.3 Telecommunications Services. 15.3.1 The Association has entered into, or will enter into, one or more agreements with one or more uompaniee, which companies may be affiliates of Declarant or Original Owner, for 'the installation OT communicationsfacilifies (the"Facil ities")and the provision of communications services (the "Services")at the Community.The Services may include,among otherthings internet,video, andicelephone services, aa well aa other communications technologies. 15.32 The Services may be delivered by one or more communications providers (each, o"Provider") toOvvnenaonabu|kbaaia. vvhenabytheGemiceaovedo|ivenadtotheLotaondPanoe|ainthe Community (the "Bulk Services") and the Provider bills the Association -for-the provision of Services each month 'for the Bulk Services delivered to all Lots and Parcels in the Communih/, and the Association anoeaoeo o monthly Bulk Services feeto the Owners. The terms of any 8u|k Services arrangement shall be setforth in a bulk services agreement between-the Association and a Provider. 15.3.3 To the e�deni Bulk Services are delivered to the Community. each 0m/ne/ acknowledges that he or she must agree to the Provider's services subscriber agreement terms and acceptable use policy with the Provider-to receive the Bulk Services End, except as provided by applicable law, the failure of an Owner to agree to the Provider's services subscription agreement and acceptable use policy with the Provider will not relieve an Owner from the obligation to pay the Bulk Services fee attributable tothe Owner's Lot or Parcel. For any Gen/ioeo not delivered on a bulk basis at the Community. the Owner 12815552*.10 48 16A2 must individually subscribe with the Provider for any Services that the Owner desires for Provider to deliver to the Owner's Lot or Parcel. 15.3.4 All Owners, by virtue of their ownership of a Lot or Parcel in the Community,agree to be bound by all such easements or agreements for the installation of Facilities and provision of Services (including Bulk Services), along with any amendments, renewals, and replacements thereof. 15.3.5 Declarant hereby (a) reserves for itself and its nominees, successors, assigns, affiliates, and licensees, and (b) grants to (i) the Association and its nominees, successors, assigns, affiliates, and licensees, and (ii) each Provider providing Services to all or a part of the Property pursuant to an agreement between the Association and such Provider, a perpetual, non-exclusive easement, privilege and right in and to, over, under, on and across all of the Property for the purpose of erecting, installing, maintaining, operating and removing any and all equipment or other property associated with the Services. 15.3.6 Notwithstanding anything to the contrary in this Declaration, Declarant hereby (a) reserves for itself, and its nominees, successors, assigns, affiliates, and licensees, and (b)grants to(i)the Original Owner and the Association and their respective nominees, successors, assigns, affiliates, and licensees, and (ii)each Provider, the right to erect, install, maintain, operate and remove from the Property, at any time and from time to time, any satellite dish, tower or other such structure or equipment for the purpose of establishing and operating Services. 15.3.7 Upon the completion of any installation, upgrade, maintenance, repair or removal of the Facilities or any part thereof, each Provider shall restore the relevant portion of the Common Property and/or any Lot or Parcel to as good a condition as that which existed prior to such installation, maintenance, repair or removal. Failure by the Provider to complete such restoration within 10 days after receiving written notice from the Association of such failure shall vest in the association the right, but not the obligation, to restore or cause to be restored such portion of the Common Property and/or Lot or Parcel by such work, all at such Provider's sole cost and expense, except for in emergency situations whereby the Association may restore or cause to be restored such disturbed portion of the Common Property and/or Lot or Parcel. In the event that the Association exercises the right of self-help, each Provider agrees in advance that the Association shall have the sole right to (a) select the contractors to perform such work, and (b) determine the extent of required restoration. This remedy of self-help is in addition to all other remedies of the Association hereunder. All reasonable expenses incurred by the Association in connection with such restoration shall be paid by the applicable Provider within 10 days of delivery to such Provider of the Association's invoice therefor.Any expenses not so paid when due shall bear interest from the clue date at the maximum rate of interest allowed by the law of the State of Florida for such obligations, or as provided in any agreement between a Provider and the Association. 15.4 Performance of Association's Duties by Declarant. Declarant shall have'the right from time to time, at its sole discretion, to perform, at Declarant's expense, the duties and obligations required hereunder to be performed by the Association, and in connection therewith to reduce the Annual Budget of the Association and the Assessments for Common Expenses payable by the Members; provided, however, that any such performance on the part of Declarant may be discontinued by Declarant at any time, and any such performance shall not be deemed to constitute a continuing obligation on the part of Declarant. 15.5 Action of the Board of Directors. Unless an action is required to be taken in this Declaration by the Members, an action of the Board shall constitute an action of the Association. ARTICLE `re: COVENANT FOR ASSESSMENTS: CAPITAL CONTRIBUTIONS 16.1 Assessments Established; Commencement of Assessments. The Association shall levy the Assessments described in Exhibit E attached hereto and made a part hereof as may be necessary and from time to time. Except as otherwise provided in this Declaration or as otherwise determined by the Board from time to time, payment of the Assessments for any subject fiscal year shall be required as of the first day of such fiscal year. Each Owner shall pay the assessed amounts directly to the Association. 128155526.10 49 16A2 Notwithstanding any provision herein to the contrary, Assessments shall only be levied against a Lot or Parcel for which a certificate of occupancy has been issued for t the Home constructed thereon. 16.2 ResponsibilRy for Payment.The respective Owners as provided herein shall be responsible to pay such Assessments plus all excise or other taxes, if any, that from time to time as may be imposed upon such Owner's respective portion of the Assessments established by this Article. All of the foregoing, together with interest, late fees, and all costs and expenses of collection, including reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy, are jointly and severally the personal obligation of the Owners of the respective Parcel. 16.3 Adoption of Annual Budget; Notice to Owners of Assessments. The Board shall annually prepare a budget covering the estimated expenses of the Association for the corning year ("Annual Budget"). Any Annual Budget adopted by the Board (which must be adopted by the Board of Directors at a meeting at which notice was given to'the Members in accordance with Section 720.303 of the Act) may include a capital contribution establishing a reserve fund, in accordance with a reserve budget separately prepared, and shall separately list various expenses in a format such that the various Assessments can be determined and levied. The Board shall make diligent effort to provide notice of Assessments to the Owners at least 30 days in advance of each Assessment period. The Annual Budget and all Assessments shall be determined by the Board of Directors in their sole and absolute discretion. The Board of Directors may modify the Annual Budget as necessary during the fiscal year,and levy modified Assessments in conformity therewith. In the event that the proposed Annual Budget is disapproved or the Board fails for any reason to determine the Annual Budget for any year, then and until such time as an Annual Budget shall have been determined as provided herein, the Annual Budget in effect for the immediately preceding year shall continue'For the current year; provided, however,that upon the adoption of a new Annual Budget,the same shall be deemed retroactive to the beginning of the then-current fiscal year and each Owner shall pay the increase, if any, in the Assessments from 'the beginning of such year at the time the next Assessment installment is due. The Annual Budget is projected and is based upon good faith estimates and analysis and not upon historical operating figures. Each Owner is hereby notified that the amount of the Assessments that actually are levied by the Association may be significantly lower or higher than originally projected. 16.4 Declarant's Assessments. Notwithstanding any provision of the Governing Documents to the contrary, Declarant shall not be obligated to pay any Assessment for any Lot or Parcel which it may own during any period of time that Declarant shall be responsible for paying the difference between the Association's operating expenses and the sum of the revenues of the Association from all sources. The term "all sources" used in the previous sentence includes, but is not limited to, interest earned on Association deposits, revenues from the operation of Common Property, Initial Capital Contributions (as defined hereinafter) and the Assessments levied against the Members other than Declarant. Such difference, herein called the "deficit 'funding", shall not include any reserve for replacements, operating reserves (if any), depreciation reserves (i'f any) or capital expenditures. Declarant shall be obligated for deficit funding for each year of operation until such time that Declarant shall give written notice to the Board terminating its responsibility for deficit funding during the next succeeding fiscal year. Upon giving such notice, each Lot or Parcel owned by Declarant for which a certificate of occupancy has been issued for the Home constructed thereon shall thereafter be assessed in 'the same manner as Lots or Parcels owned by Owners other than Declarant. Notwithstanding any provision herein to the contrary, any deficit funding provided by Declarant pursuant to this Section shall automatically terminate as of Transfer of Control. Any surplus may either be paid to Declarant after the conclusion of the fiscal year or carried forward to the next fiscal year at the sole option of Declarant. There is no limit to the number of years for which a surplus may be accumulated. Any surplus remaining at Transfer of Control shall be paid to Declarant. In conjunction with Transfer of Control, an audit will be conducted to determine 'the cumulative "due to" or "due from" Declarant for the term of the deficit funding. 128155526.10 50 � � � �� 18.5 No Assessments for Common Pmverties. The Assessments provided 'For o/ created bv ihieArtideaMaUnoiapplybotheCommonPro9artieaoranyotharpropedydedivabydioandeoueptedfor mainienanoebya Governmental Entity. 18.6 Lien-for Assessments; Personal Db|iciadion ofOwner(o). 16.6.1 All sums assessed and charged against any Lot or Parcel pursuant to ihie Declaration,together with interest, lake Fees, all amounts coming due thereafter, and all costs and expenses of collection, including reasonable aborneye'feou and paraprofessional feeaat all levels, including appea|a oo||m��ionmand bankruptcy, shall be secured bya continuing lien in Favor of the Association on such Lot o' Parcel, which may be foreclosed in the same manner as a mortgage lien is 'Foreclosed Linder applicable Florida law. The lien is effective-from and after the recording 01 a claim of lien in the public records of-the County, stating the description of-the Lot or Paroe|, the name of the Owner, the amount due, and the du dates. The claim of lien mustbe signed and acknowledged by an officer or agent of the Association. Upon payment in full of all sums secured by the lien, -the Owner or other person making -the payment is entitled {oa satisfaction cf-the lien recorded in the public records of the County. 16.62 In addition -to 'the continuing lien described in Section 1661 obove, all aumm assessed and charged against any Lot or Poroa| pursuant to this Deo|ansiion, iogetherm/iih interest, |eie feea, all amounts coming due thereafter, end all costs and expenses of collection, including reasonable o#orneya'feeaand paraprofessional feeo at all }eve|e, including appea|a, collections and bankruptcy, shall also bathe personal ob|igadon or -the person or persons who was or were the Owner(s) of such Lot or Parcel when such Sums became due and ovving.. 16.7 NoSe1'Offs. No Owner shall have the right-to set-off or reduce any Assessment byany Claims that Such Owner may have or may claim to have against-the Association or against Declarant. 16.8 Certificate. Upon dernand, and-for a reasonable charge, the Association will furnishto any interested person a certificate signed by an officer of the Association settingforih whether there exists any unpaid Assessments against o specific Lot or Parcel, and, if so, the unpaid ba|enoes(e). 189 Remedies of-the Association. Any Assessment not paid within 3O days after its due date shall bear interest until paid at the rate of 15% per annum, or such other rate as may be From time-to time determined by the Board; prnvidad, hovvever, that such rate shall not exceed the maximum rate not constituting usury Linder Florida law. |n addition, en administrative late fee mf$15.00 shall be imposed for any Assessment not paid within 1O days after its due date. TheAaaooiotionmaybring --inaoiionat |ovv against-the respective Owner obligated to pay such Assessment and may foreclose its lien. A suit iorecover a money judgment for unpaid aaaeeamanie may be maintained without'Foreclosing, m/aiving, or otherwise impairing the security of the Association's lien or its priority. 1610 Foreclosure. The lien for sums assessed pureuani -to this Article may be enforced by foreclosure in the same manner in which mortgages on real property hom timetotime may be foreclosed in the Gioie of Florida. In any such fonao|oaure, the defendant shall be required to pay all costs and expenaeeofforedoeureinou/redbytheAsaooiation. ino|uding. butnoi|imitedio. reosnnab/eabo/neyo'feeo and paraprofessional 'Fees atall /ewa|e, including appeals, collections and bankruptcy. All such costs and expenses are secured by the lien foreclosed. The Owner also is required to pay to the Association any Assessments against the Lot or Parcel that become due during the pendency of the foreclosure, which Assessments also are secured by the lien foreu|oued. The Association has the right and power to bid at the Foreclosure or other legal sale to acquire the Lot or Parcel fonao|ooed, or-to acquire such Lot or Parcel by dead or other proceeding in lieu offonao/nauna. and thereafter-to hold, convey, |eose, rent, encumber, use and otherwise deal with such Lot or Parcel as its owner'For purposes of resale only. /f any Foreclosure sale results in a deficiency, the court having jurisdiction of-the'foreclosure may enter a personal judgment against the Owner for such deficiency. 16.11 Reimbursement of Fee for Worthless Check. |n the event the Association incurs any bank service charge or fee as o result of depositing a worthless or otherwise unooUeoUb|e check, issued to the 16A2 Association for the payment of any Assessment or other sum due to the Association, the issuer of such worthless or otherwise uncollectible check shall reimburse the Association for such bank service charge or fee incurred, together with an administrative processing fee of$75.00. 16.12 Subordination of the Lien to First Mortgages. 16.12.1 The claim of lien filed by the Association shall be subordinate to the lien of any First Mortgage held by a First Mortgagee recorded and valid before the effective date of this provision. 16.12.2 If a Mortgage against a Lot or Parcel (a) is properly recorded as a First Mortgage before the Association's claim of lien is recorded and (b) maintains First Mortgage priority,then the liability of the Lot or Parcel and the First Mortgagee (and its successor or assignee who acquires title to the Lot or Parcel by foreclosure or by deed in lieu of foreclosure, but only if the successor or assignee is the subsequent holder of the First Mortgage) for the unpaid Assessments that became due before the First Mortgagee's acquisition of title is limited, in accordance with the applicable provisions of the Act, to the lesser of: 16.12.2.1 The Lot's or Parcel's unpaid Assessments which accrued or carve due during the 12 months immediately preceding the acquisition of title or for which payment in full has not been received by the Association; or 16.12.2.2 One percent (1%) of the original debt secured by the First Mortgage. 16.12.3 The limitation of liability for payment of Assessments contained in this Section applies only if the First Mortgagee joins the Association as a defendant in the foreclosure action; however, joinder of the Association is not required if, on the date the foreclosure complaint is filed, the Association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the First Mortgagee. 16.12.4 All unpaid Assessments as a result of this exception are Common Expenses, collectible from all of the Owners, including'the new Owner and the Owner's successors and assigns. Such new Owner is not excused from liability for any Assessments against the Owner's Lot or Parcel which accrue after the Owner's acquisition of title; provided, however, that if the Association is the grantee, it is excused from payment. Notwithstanding the foregoing, First Mortgagee shall be exempt from liability for Assessments coming due before the First Mortgagee receives title to 'the Lot or Parcel as the result of a foreclosure or deed-in-lieu of foreclosure. 16.12.5 The Association may give any encumbrancer of record 30 days'notice within which to cure such delinquency before instituting foreclosure proceedings against the Lot or Parcel. Any encumbrancer holding a lien on a Lot or Parcel may, but is not required to, pay any amounts secured by the lien established by this Article 16; upon such payment, such encumbrancer will be subrogated to all rights of the Association with respect to such lien, including priority. 16.12.6 The liability limitations contained in this Article 16 for First Mortgagees shall be expanded in the Association's favor to the fullest extent permitted by the applicable provisions of the Act, as amended from time to time. 16.13 Reserves. 16.13.1 The Association may, but shall not be required to, collect reserves for future or deferred maintenance, even though there is and shall be no requirement for the collection of any reserves for such maintenance. 128155526.10 52 16A2 16.13.2 From time to time, the Association, through the Board, may elect to collect reserves, in which event such amounts shall be Common Expenses. If t the Board determines that reserves are to be collected: 16.13.2.1 the Board shall determine the appropriate level of the reserves based on a periodic review of the useful life of the improvements to t the Common Properties and equipment owned by the Association, as well as periodic projections of the cost of anticipated major repairs or improvements to the Common Properties, the purchase of equipment to be used by the Association in connection with its duties hereunder; and 16.13.2.2 the Annual Budget shall disclose the exact monies collected and the reserve categories involved. 16.13.3 Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that: 16.13.3.1 the Association, during the period prior t to Transfer of Control, has no obligation to establish and collect, and shall not establish and collect, reserves except to the extent specifically mandated by the Act; 16.13.3.2 there is no statutory requirement for the establishment and collection of reserve accounts as of the date of recording of this Declaration; and 16.13.3.3 the Board has the exclusive power and authority to determine when and if reserves should be established, based upon its sole discretion. 16.13.4 Notwithstanding any provision herein to the contrary, Declarant shall not have any duty, obligation or responsibility for funding any reserves pertaining to Lots owned by Declarant at any time in accordance with Section 720.303(6)(i)1. of the Act or any other applicable provisions in the Act. 16.14 Contributions to Capital; Consent of Owners. 16.14.1 Types of Capital Contributions. There shall be 2 different capital contributions that will be paid in conjunction with the purchase of a Lot or Parcel: 16.14.1.1 Initial Capital Contribution. At the time that the initial sale of each Lot or Parcel by Declarant or a Builder to a third Party purchaser is closed, the purchaser of the Lot or Parcel shall pay to Declarant an "Initial Capital Contribution." The funds derived from the Initial Capital Contributions shall be used at the discretion of Declarant for any purpose, including, but not limited to, future and existing capital improvements, operating expenses, support costs and start-up costs. This payment shall not be refundable or applied as a credit against the Owner's payment of any Assessments. At the onset of the Community, the Initial Capital Contribution shall be set at $1,000.00, but such amount may be changed from time to time by Declarant in its sole discretion. 16.14.1.2 Resale Ca ital Contribution. 16.14.1.2.1 Separate and apart from the Initial Capital Contribution, the Association may levy a "Resale Capital Contribution" upon the transferee in any conveyance of a Lot or Parcel by an Owner. The amount of the Resale Capital Contribution and the manner of payment shall be as determined by resolution of the Board from time to time; provided, however, all Lots or Parcels similarly situated shall be assessed at a uniform rate. Unless subsequently adjusted by the Board, the amount of the Resale Capital Contribution shall be initially set at$1,000.00. The due date shall be the date of the closing of the conveyance of the Lot or Parcel. Payment of the Resale Capital Contribution shall be the legal obligation of the transferee. For purposes of this Section, the term "conveyance" shall mean the transfer of record legal title to a Lot or Parcel by deed or other authorized means of conveyance, with or 128155526.10 53 16A2 without valuable consideration, and shall also refer t to a transfer of possession and beneficial ownership by means of an agreement for deed. It does not refer to a transfer of title resulting from foreclosure of a lien, or the death of the transferee, nor to a transfer of title to a director or the transferor's spouse without changing occupancy, solely for estate planning or tax reasons. Resale Capital Contributions shall be considered an Assessment and can be collected as such in accordance with the provisions of this Section 16. 1G.14.'1.2.2 Notwithstanding the provisions of Section 16.'14.'1.2.1 to the contrary, no Resale Capital Contribution Assessment shall be levied and required to be paid upon transfer of title to a Lot or Parcel: (a) by Declarant to the initial Owner; (b) by an Owner to a trust, partnership, corporation, or other entity so long as such entity is and remains wholly-owned by the Owner or by such Owner and the Owner's spouse and/or children; provided, however, if the immediately preceding transfer of the Lot or Parcel was exempted from payment of the Resale Capital Contribution pursuant to this subsection, then this subsection shall not apply and the Lot or Parcel shall be subject to the Resale Capital Contribution; (c) by an Owner or such Owner's estate to the Owner's spouse and/or children; provided, however, if the immediately preceding conveyance of the Lot or Parcel was exempted from payment of the Resale Capital Contribution fee pursuant'to this subsection, then this subsection shall not apply and the Lot or Parcel shall be subject to the Resale Capital Contribution; (d) of an undivided interest in a Lot or Parcel by the Owner thereof to any then-existing co-Owner(s) of such Lot or Parcel; or (e) by a First Mortgagee or an Institutional Lender pursuant to a First Mortgage or upon foreclosure of a First Mortgage. 16.14.2 Acknowledciement, Agreement and Consent of Owners. Each Owner, by virtue of taking title 'to a Lot or Parcel, acknowledges, agrees and consents, and shall be deemed to have acknowledged, agreed and consented, with and to the provisions of this Section 16.14, including, but not limited to, all obligations for monetary payment to the Association and such Owner's responsibilities therefore. 16.15 Assessments of Subdivision Associations. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that: 16.15.1 the Assessments levied by the Association in no manner are related to any and all assessments levied or to be levied by any Subdivision Associations; 16.15.2 the Subdivision Associations will levy assessments pursuant to the Subdivision Declarations; and 16.'15.3 an Owner is responsible and liable to pay the Assessments of the Association and all assessments of the Subdivision Association (if and to the extent applicable to an Owner). 16.16 Application of Payments Received from an Owner. Any payments received by the Association from a delinquent Owner shall be applied first to any interest accrued as provided in this Article, then to any administrative late fee, then to any fines levied by the Association pursuant to the applicable provisions of this Declaration, the By-Laws and the Act, then to costs and reasonable attorneys' fees incurred in collection as provided in this Article, and then to any delinquent and/or accelerated Association assessments. The foregoing application of funds received shall be applicable despite any restrictive endorsement, designation, or instruction placed on or accompanying a payment. 128155526.10 54 1 6 A 2 . 16.17 Collection of Rents from Tenants. 16.17.1 If a Lot or Parcel is occupied by a tenant and the Owner is delinquent in paying any monetary obligation due to the Association, the Association may demand that the tenant pay to the Association the subsequent rental payments and continue to make such payments until all the monetary obligations of the Owner related to the Lot or Parcel have been paid in full to the Association and the Association releases the tenant or until the tenant discontinues tenancy in the Lot or Parcel. 16.17.2 The Association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form: Pursuant to section 720.3085(8), Florida Statutes,we demand that you make your rent payments directly to the Owners' association and continue doing so until the association notifies you otherwise. Payment due the Owners' association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name) . Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case,you must provide the association written proof of your payment within 1.4 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. Pursuant to Section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord. 16.17.3 A tenant is immune from any claim by the Owner related to the rent timely paid to the Association after t the Association has made written demand. 16.17.4 If the tenant paid rent to the landlord or Owner(if different)for a given rental period before receiving the demand from the Association and provides written evidence to the Association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the Association for the following rental period and shall continue making rental payments to the Association to be credited against the monetary obligations of the Owner until the Association releases the tenant or the tenant discontinues tenancy in and of the Lot or Parcel. The Association shall, upon request, provide the tenant with written receipts for payments made. The Association shall mail written notice to the Owner of the Association's demand that the tenant pay monetary obligations to the Association. 16.17.5 The liability of the tenant may not exceed the amount due from the tenant to the tenant's landlord. The tenant shall be given a credit against rents due to the landlord in the amount of the monies paid to the Association. 16.17.6 The Association may issue notice under Section 83.56, Florida Statutes, and sue for eviction under Sections 83.59-83.625, Florida Statutes, as if the Association were a landlord under part II of Chapter 83, Florida Statutes, if the tenant fails to pay a monetary obligation. However, the Association is not otherwise considered a landlord under Chapter 83, Florida Statutes, and specifically has no obligations under Section 83.51, Florida Statutes. 16.17.7 The tenant does not, by virtue of payment of monetary obligations, have any of the rights of an Owner to vote in any election or to examine the books and records of the Association. 128155526.10 55 16A2 16.17.8 A court may supersede the effect of this Section 16.17 by appointing a receiver. 16.18 Association Serving as Collection Agent. The Association may, but shall not be obligated to, serve in the role of collection agent for the various assessments and payments required to be made by an Owner to a Subdivision Association. In such regard, the Association shall collect all monies from an Owner and then remit the applicable funds to a Subdivision Association. 16.19 Advances to the Association by Declarant. Declarant may, in its sole discretion from time to time, advance and loan monies or other property in lieu of monies to the Association for any purpose, including, but not limited to, providing working capital. Such advances shall be considered a loan by Declarant to the Association and may be evidenced by a promissory note executed by the Association in favor of Declarant. The Association, by and through its officers, directors and agents, are hereby empowered to, and shall have the authority to, execute such promissory notes in favor of, and on behalf of, the Association and obligate the Association to repay all funds, monies or property so advanced. Even if the advances are not evidenced by promissory notes, the amounts so advanced shall be considered loans which may be due upon demand before or after turnover. 16.20 No Assessments Against Original Owner. Notwithstanding any provision herein to the contrary, no Assessments shall be levied against any portion of the Property owned by Original Owner. ARTICLE 17: f1ISC ELLANEOUS PROVISIONS RESPECTING MORTGAGEES 17.1 General Rights of Mortgagees. The following provisions are intended for the benefit of each First Mortgagee and each "Institutional First Mortgagee" (defined for purposes herein to mean any federally or state chartered bank, insurance company, a FHLMC, FNMA, GNMA, HUD, VA or FHA approved mortgage lending institution,a recognized pension fund investing in mortgages,and any federally or state chartered savings and loan association or savings bank, or any other Institutional Lender holding a First Mortgage),as more specifically provided hereinafter. An Institutional First Mortgagee shall not cease to be an Institutional First Mortgagee even if the First Mortgage is partially subordinated to another mortgage encumbering the Property. To the extent that any other provisions of this Declaration conflict with the following provisions, the following provisions shall control: 17.1.1 Upon request in writing to the Association identifying the name and address of'the First Mortgagee, the Institutional First Mortgagee or the insurer or guarantor of a recorded First Mortgage on a Lot or Parcel ("Insurer or Guarantor") and the number or address of the Lot or Parcel on which it has (or insures or guarantees) the First Mortgage, 'the Association shall undertake to furnish to each First Mortgagee, Institutional First Mortgagee, Insurer or Guarantor, as the case may be, timely written notice of (a) any condemnation or casualty loss 'that affects either a material portion of the Property or the Lot or Parcel securing its mortgage, (b)any 60-clay delinquency in the payment of Assessments or charges owed by the Owner of'the Lot or Parcel on which it holds the Mortgage, (c) a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, and (d) any proposed action that requires the consent of a specified percentage of the Institutional First Mortgagees or the First Mortgagees as a whole. 17.1.2 Any First Mortgagee or Institutional First Mortgagee who comes into possession of a Lot or Parcel pursuant to the remedies provided in the First Mortgage, through either deed-in-lieu of foreclosure, shall, to the extent permitted by law, take such property free of any claims for unpaid Assessments and charges in favor of the Association against the mortgaged Lot or Parcel which became due prior to (i) the date of the'transfer of title or(ii)the date on which the holder comes into possession of the respective Lot or Parcel, whichever occurs first; provided, however, that this provision shall not apply to unpaid assessments and charges for which the Association has recorded a Notice of Lien in the public records prior to the recording of the applicable First Mortgage. In no manner shall the foregoing ability to avoid claims for unpaid Assessments and charges apply to a First Mortgagee that is not an Institutional First Mortgagee, with the understanding that the foregoing provision shall not apply to (a) that certain Purchase Money Mortgage and Security Agreement dated as of December 3, 2025, and recorded on December 12, 2025, in Official Records Book 6535, Page 2047, public records of the County, and (b)'that 128155526.10 56 � � � � � �� A certain Contingent Mortgage and Security Agreement doted as of December 3. 2025. and recorded on December 12. 2O25. in Official Records Book S535. Page 2O75. public records of the County. 17.1.3 Upon request in writing, each First Mortgagee, Insurer or Guarantor shall have-the rig hi: 17.1.3.1 to examine Cumant copies of this Declaration, the Articles, the By'Lawa. Rules and Regulations and the books and records ofiheAenooiatinn during normal business hours; 17.1.32 to reoeve, by payment of a reasonable charge and within a reasonable time after ounh requeai, any annual audited or unaudited financial statements which are prepared and distributed by the Association to the Owners at die end of each of its respective fiscal yeana� pnnvided, however, that inthe event an audited finonoia| statement is not available, any First KXodgegee shall be entitled-to have such on audited statement prepared ei its expense. 17.1.3.3 to receive writ-ten notices ofall meetings of the Association endto designate a representative to attend all such meetings. 17J.3.4 in receive written notice of any decision by the Owners to make a material amendment io-this Declaration, the 8y'Lawsor-the Articles; or 17.1 3.5 receive written notice of any proposed action which would require the consent ofa specified percentage of First Mortgagees. 17.1.4 No provision of this Declaration or the Articles or any similar instrument per�aining to any portion of the Property shall be deemed iogive an Owner or any other party priority over-the rights of the First Mortgagees pursuant to their First Mortgages in-the case of distribution to Owners of insurance proceeds or condemnation svvande for |oaaea in or a taking of the Lot or Parcel and/or the Common Property, o/ any portion thereof or interest therein. In such event. the First Mortgagees, Insurers or Guarantors ofihe Lot o/ Parcel affected ohe|| be entiUed, upon specific written requant, to timely written notice of any such loss. 17.1.5 Upon specific written request to the Association identifying'the name and address of the First Mortgagee, Insurer or Guarantor and -the number and address ol the Lot or Parcel on which it has (insures o/ guarantees) the First Mortgage, each First Mortgages, Insurer or Guarantor ofa Lot or Parcel shall be furnished notice in writing by the Association of any damage to or destruction or taking of the Common Property if such darnage or destruction or taking exceeds$10,000. 17.1.6 If any Lot or Parcel (or portion thereof) or the Common Property (or any portion the/eof�l is made -the subject matter ofany condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the First Mortgagee, Insurer nr Guarantor ofsaid Lot or Parcel or the Common Property will be entitled to timely written notice, upon specific written request, of any such proceeding or proposed acquisition and no provisions of any document will entitle the Owner of such Lot or Parcel or the Common Property or other party to priority over such First Mortgagee with respect-to the distribution -to such Lot or Parcel or-the Common Property of-the proceeds of any award or settlement. 17.2 Taxes and Assessments. Declarant and First Mortgagees may. jointly urseverally, pay taxes and assessments or other charges which are in default and which may o/ have become a charge against the Common Propnhy, and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the |opaa of an Association policy, and Declarant and First Mortgagees making such payments shall be entitled to immediate reirribursement from the Association. 128155526.10 57 16A2 _ 17.3 Notice to the Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any mortgage encumbering such Owner's Lot or Parcel. 17.4 Failure of Mortgagee to Respond. Any First Mortgagee who received a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the First Mortgagee within 30 days of the date of the Association's request, based upon the date indicated on a postal return receipt or other certified evidence showing delivery. This Section 17.4 shall not be applicable to any First Mortgagee holding a mortgage on property owned by Declarant and subject to this Declaration. ARTICLE 13: DAMAGE, DESTRUCTION AND RESTORATION OF COMMON PROPERTY 18.1 Damage, Destruction and Restoration. In the event the improvements forming a part of the Common Property, or any portion thereof, shall suffer damage or destruction from any cause and the proceeds of any policy or policies insuring against such loss or damage, and payable by reason thereof, plus reserves(if any) maintained by the Association, shall be sufficient to pay the cost of repair, restoration or reconstruction, then such repair, restoration or reconstruction shall be undertaken and the insurance proceeds and, if necessary, any applicable reserves, shall be applied by the Board or the payee of such insurance proceeds in payment therefor; provided, however, that in the event the insurance proceeds and reserves (if any) are insufficient to reconstruct the damaged or destroyed improvements to the Common Property and the Owners through a Special Assessment (or some other applicable means) and all other parties in interest do not voluntarily make provision for reconstruction within 180 days from the date of damage or destruction,then such repair, restoration, or reconstruction shall not be undertaken. In the event such repair, restoration or reconstruction is not undertaken, the Board shall determine whether the net proceeds of insurance policies shall be(a) considered revenue of the Association, or(b)divided among all Members in proportion to their respective collective Assessment allocations from the entire Annual Budget. 18.2 Withdrawal of Damaged or Destroyed Common Property From Declaration. Any portion of the Common Property affected by damage or destruction may be withdrawn from being subject to this Declaration upon the unanimous affirmative vote of the Members voting at a meeting called for t that purpose. If the Common Property affected by such damage or destruction is owned by the Association and such property was contributed to the Association by Declarant, the Board shall, after 60 days written notice to Declarant, return such property to Declarant (whether or not Declarant is a Member at the time). In the event Declarant refuses to accept the return of such property, then the property shall be sold in a commercially reasonable fashion and the Board shall determine whether the sale proceeds shall be (a) considered revenue of the Association, or(b) divided among the Members in proportion to their respective collective Assessment allocations from the entire Annual Budget. Such withdrawal shall be accomplished by an action of the Board of Directors through a recorded supplement to this Declaration, executed by the president or vice-president and the secretary of the Association, which specifically and legally describes the property being withdrawn. AR ITICtE 19: CONDEMNATION Whenever all or any part of the Common Property owned by the Association shall be taken by condemnation or conveyed in lieu of and under threat of condemnation, the award made for such taking shall be payable to the Board and considered revenue of the Association unless the Board shall decide to distribute such funds to the Owners, in which event the proceeds available shall be handled by the Board in the same manner as insurance proceeds provided for in Article '19 hereof. If the taking involves a portion of such Common Property on which improvements have been constructed, then, unless within 60 days after such taking, Declarant, so long as Declarant owns any Parcel subject to this Declaration, and the Board shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Property to the extent lands are available therefor, in accordance with plans approved by the Board. 128155526.10 58 16az _ ARTICLE 20 iiiRI i 1TtON OF THE DECLARATION At a meeting of the Owners called for such purpose, upon the affirmative vote of 90% of the total eligible voting interests in the Association, the Owners may elect to terminate this Declaration and dissolve the Association in accordance with the provisions of the By-Laws. Within 10 days after the date of the meeting at which such action was approved, the Board shall give written notice of such action to all applicable Governmental Entities, First Mortgagees, Insurers, and Guarantors entitled to notice under Article 13 of this Declaration. Such action shall be binding upon all Owners, and it shall thereupon become the duty of every Owner to execute and deliver such instruments to perform all acts in manner and form as may be necessary to effect such termination and dissolution. Notwithstanding anything contained herein to the contrary, this Declaration may not be terminated unless the instrument of termination is joined in by the County or any successor controlling Governmental Entity. ARTICLE 21: DECL,Af NT'S RIGHTS 21.1 General Provisions. Without limiting the generality of the foregoing, nothing in this Declaration or the Articles or By-Laws shall be understood or construed to: 21.1.1 prevent Declarant or its contractors or subcontractors, from doing on any property owned by them whatever they determine to be necessary or advisable in connection with the completion of the development, including without limitation, the alteration of its construction plans and designs as Declarant deems advisable in the course of development (all models or sketches showing plans for f future development of the Property may be modified by Declarant at any time and from time to time, without notice); or; 21.1.2 prevent Declarant or its contractors, subcontractors or representatives from erecting, constructing and maintaining on any property owned or controlled by Declarant or its contractors or subcontractors, such structures as may he reasonably necessary for the conduct of its or t their business of completing the development and establishing the Community as a community and disposing of the same by sale, lease or otherwise; or 21.1.3 prevent Declarant or its contractors or subcontractors, from conducting on any property owned or controlled by Declarant, its business of developing,subdividing,grading and constructing improvements on the Property and of disposing of Lots and Parcels therein by sale, lease or otherwise; or 21.1.4 prevent Declarant from determining in its sole discretion the nature of any type of improvements to be constructed as part of the Community. 21.2 Transfer of Declarant Rights. Any or all of the special rights and obligations of Declarant may be transferred to other Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written instrument signed by Declarant and duly recorded in the public records of the County. 21.3 Reserved Use Rights of Declarant. Notwithstanding any provisions contained in this Declaration to the contrary, so long as construction and initial sale of Parcels shall continue, it shall be expressly permissible for Declarant to maintain and carry on upon portions of the Common Property and Parcels owned by Declarant such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of Lots and Parcels, including, but not limited to, business offices,construction offices, signs, model lots, and sales offices, and Declarant shall have an easement for access to such facilities. The right to maintain and carry on such facilities and activities shall include specifically the right to use any Lot or Parcel or other property owned by Declarant as models, or information or sales offices. 21.4 Requirement for Consent. So long as Declarant continues to have rights under this Article and for so long as Lennar shall have options to purchase portions of the Property from Original Owner, no 128155526.10 59 1642 _ Person shall record any declaration or similar instrument affecting any portion of the Property without Declarant's and the Original Owner's review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration or similar instrument being void and of no force and effect unless subsequently approved by consent signed by Declarant and the Original Owner and recorded in the public records of the County. 21.5 Future Easements and Modifications. Declarant reserves the right to grant, modify or enter into easements, dedications, agreements, licenses, restrictions, reservations, covenants and rights of way to modify the boundary lines and to plat or replat portions of the Property for development of the Community. 21.6 Amendment of this Article. This Article may not be amended without the express written consent of Declarant; provided, however, Declarant's rights contained in this Article shall terminate upon the earlier of(a) 30 years from the date this Declaration is recorded, or(b) upon recording by Declarant of a written statement that all sales activity has ceased. 21.7 Assignment of Declarant's Rights. 21.7.1 Any or all of the rights, privileges, or options provided to or reser✓ed by Declarant in the Governing Documents may be assigned by Declarant, in whole or in part, as to all or any portion of the Property,to any person or entity pursuant to an assignment recorded in the public records of the County. 21.7.2 Any partial assignee of any of the rights of Declarant shall be deemed a Declarant but shall have no other rights, privileges or options other than as are specifically assigned. If, however, such purchaser is specifically assigned all the rights held by Lennar as Declarant hereunder, such assignee shall be deemed Declarant and may exercise all the rights of Declarant hereunder. 21.7.3 Any full or partial assignment of Declarant's rights shall be by an express written assignment recorded in the public records of the County, specifically setting forth the description of the rights assigned and the specific property of assignee to which the assigned rights apply. 21.7.4 Any partial assignment may be made on a non-exclusive basis and in the event of a dispute between Lennar (and its successors or assignee of full Declarant's rights hereunder) and any assignee of a portion of Declarant's rights hereunder, the exercise of rights by Lennar as Declarant hereunder(and its successors or assignee of full Declarant's rights) shall be controlling. 21.7.5 No assignee of Declarant shall have any liability for any acts of Declarant or any prior Declarant unless such assignee is assigned and agrees to assume such liability. Notwithstanding the foregoing, an assignment of all of Declarant's rights hereunder with respect to a portion of the Property shall not be valid without the prior written approval of the First Mortgagee of such portion attached to and recorded with the assignment instrument. 21.7.6 For so long as the Original Owner owns any portion of the Property, any assignment of Declarant's rights hereunder shall require the prior written consent of the Original Owner. Any purported assignment without such consent shall be deemed void and of no force and effect unless subsequently approved by consent signed by the Original Owner and recorded in the public records of the County. 21.7.7 Notwithstanding the foregoing, i'f Lennar elects not to exercise its options to purchase from Original Owner of all of the Property,the Original Owner shall, upon such time as the options expire„ automatically become Declarant hereunder, in which event any and all references to "Declarant" hereunder shall thereafter mean and refer only to the Original Owner or its successors or assigns, and after which event Lennar, or its successors or assigns, shall no longer be Declarant hereunder or be entitled to exercise any of the rights of Declarant hereunder; provided, however, that: 128155526.10 60 16A2 21.7.7.1 the Original Owner shall not be liable to any Member or any other person for any act or omission of Declarant, including, without limitation, Declarant's failure to pay any amounts owing or to be paid or reserved for hereunder or as may otherwise be required by statute or at law or t to perform any act or obligation required to be performed by Declarant hereunder or as may otherwise be required by statute or at law, arising prior to the date that the Original Owner succeeds to Declarant's rights hereunder; 21.7.7.2 the Original Owner shall assume the obligations under t this Declaration only for matters and obligations arising or to be performed from and after the date that the Original Owner succeeds to Declarant's rights hereunder; and 21.7.7.3 the Original Owner is hereby released and discharged from any and all obligations under t this Declaration accruing prior to t the date that t the Original Owner succeeds t to Declarant's rights hereunder. ARTICLE 22: AMENDMENTS 22.1 Amendments in General. 22.1.1 Amendment by Declarant. 22.1.1.1 Subject to the provisions of this Declaration where applicable and except as otherwise provided herein, Declarant may amend this Declaration by an instrument executed with the formalities of a deed without the approval or joinder of any other party at any prior t to Transfer of Control (for purposes of disclosure, Declarant presently intends that all residential property contained or to be contained within the Community shall be subjected to the scope of this Declaration); provided, however, that any amendment which could impair the rights of a Builder hereunder in connection with the construction, development and/or sale of a Lot or Parcel shall require the prior written consent of such Builder in order t to be effective. No'twithstanding'the foregoing,amendments undertaken solely by Declarant shall comply with Section 720.307(5)of the Act. Any purported amendment without such approval shall be deemed void and of no force and effect unless subsequently approved by a written consent signed by such Builder and recorded in the public records of the County. 22.1.1.2 Notwithstanding any provision herein to the contrary, pursuant to its rights hereunder to amend this Declaration, Declarant expressly reserves the right to amend the legal descriptions for any of the Parcels, to further subdivide any particular Lot or Parcel into two or more Lots or Parcels, to modify the Assessment process as contemplated in Exhibit E attached hereto and made a part hereof, or to create new classes or recategorize existing classes of Lots or Parcels or membership. 22.1.1.3 Notwithstanding any provision herein to the contrary, pursuant to its rights hereunder to amend this Declaration, no instrument which amends, rescinds, modifies or terminates any provision of this Declaration shall be effective while there are Class B memberships unless 100% of the Class B Members shall approve and join in such instrument. 22.1.1.4 Notwithstanding anything herein to the contrary, for so long as Declarant owns any portion of the Property, no amendment or modification to this Declaration which in Declarant's sole opinion impairs, alters or otherwise modifies, in whole or in part,the marketability, viability, usability or salability of any portion of the Property owned by Declarant shall be effective without the prior written consent of Declarant. For purposes of example only and without limitation as to the types of amendments or modifications requiring Declarant consent pursuant to this Section 22.1.1.4,an amendment which would (a)require Association approval for the sale or t transfer of an interest in a Lot or Parcel in whole or in part, (b) modify the assessment structure pertaining to any Lot or Parcel, or (c) impair, alter or otherwise modify construction, sales or marketing activities (including placement, size and design of signage, etc.), would be considered an impairment to the marketability, viability, usability or salability of the Property for which prior written consent of Declarant would be required. 128155526.10 61 16A2 22.1.2 Amendment by the Association. Upon such time as Declarant's rights to amend this Declaration expire pursuant to Section 22.1.1 hereof, this Declaration may be amended by an instrument executed by the Association with the formalities from time to time required of a deed and approved by not less than 67% of the eligible total voting interests in the Association, such votes having been cast at a meeting of the Association duly-noticed, called and held in accordance with the By-Laws. No amendment is effective until an amendment document is executed by the president or vice president and the secretary of the Association certifying that the requisite percentage of Owners approved the amendment, and such amendment en't document is recorded in the public records of the County. Notwithstanding the foregoing, no instrument of amendment shall be effective while there is Class B membership unless t the Class B Member shall approve and join in such instrument, and(b)any amendment which could impair t the rights of a Builder hereunder in connection with the construction,development and/or sale of a Lot or Parcel shall require the prior written consent of such Builder in order to be effective. Any purported amendment without such approval shall be deemed void and of no force and effect unless subsequently approved by a written consent signed by such Builder and recorded in the public records of the County. 22.1.3 County and WMD Consent t to Amendments. Notwithstanding any provisions to the contrary contained in this Declaration, any amendment which will affect the Surface Water Drainage and Management System serving the Property must have the prior written approval of the applicable Governmental Entity, if any, in order to be effective and binding. 22.1.4 Consent of Original Owner. So long as Original Owner owns any Lot or other portion of the Property, any amendment t to this Declaration shall require the prior written consent of Original Owner, and failure to obtain such consent shall automatically render such amendment deemed void and of no force and effect unless subsequently approved by consent signed by Original Owner and recorded in the public records of the County. So long as Original Owner owns any Lot or other portion of the Property, any amendment to the design guidelines, architectural or similar rules require the prior written approval of Original Owner. 22.2 Special Amendments. Anything herein to the contrary notwithstanding, and subject to the requirement of First Mortgagee approval set forth herein where applicable, Declarant reserves the right and power'to record a special amendment("Special Amendment")to this Declaration at any time and from time to time which amends this Declaration and any provision therein (i) to comply with requirements of 'the Federal National Mortgage Association,the Government National Mortgage Association,the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Administration, the Veteran's Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or y may in the future perform) functions similar 'to those currently performed by such entities; (ii)to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with First Mortgages covering Lots or Parcels; (iii)to correct clerical or typographical errors in this Declaration; or(iv)to bring'this Declaration into compliance with applicable laws, ordinances or governmental regulations. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Lot or Parcel and the acceptance thereof shall he deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant to make, execute and record Special Amendments. The right and power to make Special Amendments hereunder shall terminate on December 31, 2035. 22.3 Amendments Affecting the Rights of Mortgagees. Notwithstanding any provision herein to the contrary, in accordance with Section 720.306(1)(d)1. of the Act, with regard to any mortgage recorded on or after July 1, 2013, with respect 'to any portion of the Property, any provision in the Governing Documents that requires the consent or joinder of some or all mortgagees of Lots and Parcels or any portion of the Common Property to amend 'the Governing Documents or for any other matter is enforceable only as to amendments to the Governing Documents that adversely affect the priority of the mortgagee's lien or the mortgagee's rights to foreclose its lien or that otherwise materially affect the rights and interests of'the mortgagees. 128155526.10 62 ARTICLE 23: STEW_RDSHP_DIST OCT 16 A 2 23.1 General. The Association and each Owner acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the Community is part of the District. The District may provide certain urban community facilities services and will have the authority'to levy and collect fees,rates, charges, taxes and assessments to pay for, finance and provide such facilities and services. The District may be empowered to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for basic infrastructures which may include, without limitation: (i)water management and control lands within'the District and the connection of some of any of such facilities with other roads and bridges; (ii) potable water distribution; (iii) sewage collection; (iv) lakes and wetlands; and (v) wastewater management. The District may impose taxes and/or assessments on 'the Property which the District governs. These taxes and assessments will pay for the construction, operation, maintenance and/or costs of certain public'facilities within the District and will be set annually by the governing board of the District. These taxes and assessments are in addition to County and other 'faxes and assessments provided for by law. These fees, rates, charges, taxes and assessments will either appear on 'the annual real estate tax bill for each Owner in which case they will be payable directly'to the County Tax Collector or they will appear on a separate bill issued to each Owner by'the District. The District shall have the power to issue any types of bonds permitted by Chapter 189, Florida Statutes. 23.2 Assessments. The Association and each Owner of a Lot or Parcel for all real property hereafter owned within 'the District's jurisdictional boundaries covenants and agrees to pay any and all special, operating and maintenance assessments, 'fees, charges and taxes which may be imposed by the District upon such property to fund all or part of the cost of the acquisition, construction, operation, maintenance, repair and replacement of comm unity improvements, facilities and services performed by the District, debt service thereof, and any other cost incurred by the District, and further agree to abide by all of the District's rules, regulations, ordinances and contracts, as they may be exist from'time to time. 23.3 District Jurisdiction and Governance. 23.3.1 Duties and Oblictations. 23.3.1.1 The District will provide certain community infrastructure facilities and services, as well as additional facilities and services for the benefit and enhancement of the Property, and will have the authority to levy and collect fees, rates, charges, taxes and assessments to pay for, finance and provide said'facilities and services. Unless otherwise clearly indicated by the context in which it appears, the term "assessment" as used in this Article 23 refers to assessments as defined in Chapter 189, Florida Statutes, and not the"Assessments" defined in'this Declaration. 23.3.1.2 The District is empowered to finance, 'fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain, or contract for the operation and maintenance of, systems and facilitties, both for basic infrastructure and for the enhancement of the Property, which could include, without limitation, roadways, entrance gates and facilities, landscape and buffer areas, water bodies and lakes, conservation areas, street lights, potable water transmission mains, sewage collection mains, reclaimed water distribution mains and irrigation facilities, and water management, drainage and control lands within the Property, some of which may be connected to, and may by dedication or conveyance become part of public or quasi-public systems of similar facilities extending from outside the Community into the Community or extending from within 'the Community to areas outside the Community. These taxes and assessments will pay for the construction,operation and/or maintenance costs of certain public facilities within the District Property and will be set annually by the governing board of the District. These taxes and assessments are in addition to County and all other taxes and assessments provided by law. These fees, rates, charges, taxes and assessments will either appear on the annual real estate tax bill for each Owner(in which case they will be paid directly to the County tax collector)or will appear on a separate bill issued to each Owner by the District. All taxes and assessments of the District shall constitute a lien upon those portions of the Property owned by any Owner. 128155526.10 63 1 6 A 2 23.3.2 Operation and Maintenance Agreements. The District may enter into one or more agreements with the Association which may require the Association to perform some, if not all, of the duties of the District relating to operation and maintenance within the Property and the general aesthetic condition within the Community,and in so doing,to enforce standards established by this Declaration which may be above those applicable to the Property generally. Any repairs or replacements not performed by the Association pursuant to written agreement with regard to the District Property will remain the responsibility of the District. If and to the extent that the District enters into any such agreements with the Association, the cost of the services provided by the Association shall constitute a part of the Common Expenses but allocated to the Owners of the Property through the levying of a Neighborhood Assessment; accordingly, for such purpose, the Property shall be considered a Neighborhood. 23.3.2.1 Transfer of District Property to the Association. If Declarant and the District determine that it is in the best interest of the Community for any property interest owned by the District to be conveyed to the Association, the District may convey to the Association such fee simple title, easements, use rights and/or maintenance obligations to those portions of the District Property. The Association shall be obligated to accept title to the District Property so conveyed, subject to taxes for the year of conveyance, and to restrictions, limitations, conditions, obligations, reservations, duties and easements of record. 23.3.2.2 Transfer of Association Property to the District. If Declarant and the District determine, subject to any Governmental Entity requirements, that it is in the best interest of the Community and the Association for any properties of the Association to be owned and administered by the District rather than the Association, such properties,even though already conveyed to the Association,shall thereafter be considered property of the District, even if legal title has not been formally transferred to the District. When a part of the Property becomes a part of the District's Property, the expenses of its administration and maintenance will remain Common Expenses, unless the District and the Association agree that such expenses shall become the responsibility of the District. If required by law, or if deemed by the Association to be in the best interest of the Community, the Association shall convey to the District the legal title to any Association property, which shall thereafter be a part of the District Property. 23.4 District Bond Financing. The District has the power to issue general obligation bonds, revenue bonds, refunding bonds and any other type of bond permitted by Chapter 189, Florida Statutes,as pertaining to the Property. Repayment of any such bond may be funded by non-ad valorem assessments on all non-exempt property within the Property,or by the imposition of rates, user fees,special assessments or other charges. The District is empowered to pledge its full faith and credit for the purpose of securing the repayment of the bonds which it issues. in addition, the District may secure revenue bonds by pledging the rates, fees or charges collected or to be collected by any revenue producing project. Bonds may be issued for the purpose of financing or refinancing capital improvements, to pay off existing bonds or any other permitted use. Separate special assessment bond(s) may be issued by the District to finance construction of any one or more of those improvements and to provide any one or more of those District services delineated in this Declaration, as well as to provide any other improvements or services permitted or allowed under Chapter 189, Florida Statutes. Unless specifically limited by the operative documents of a particular bond issue for a specific improvement or service so that only the revenues and/or properties involved in such improvement or service are pledged as collateral security for the repayment of that particular bond issue,the special assessment bonds will be an obligation of each Owner within'the Property, and each Lot or Parcel within the Property has been pledged as collateral security for this obligation. 23.5 Taxes and Assessments. THE DISTRICT IS A SPECIAL TAXING DISTRICT WITI-I AUTHORITY TO FUND ITS OPERATIONS BY IMPOSING TAXES OR ASSESSMENTS, OR BOTH, ON THE PROPERTY LOCATED WITH THE DISTRICT'S BOUNDARIES. THE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE DISTRICT'S GOVERNING BOARD OF SUPERVISORS. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO THE COUNTY, SCHOOL DISTRICT AND OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. THESE TAXES AND ASSESSMENTS MAY APPEAR ON THE ANNUAL REAL ESTATE TAX BILL FOR EACH OWNER AS A SEPARATE TAX OR ASSESSMENT AND MAY BE PAYABLE DIRECTLY TO THE 128155526.10 64 I6A2 COLLIER COUNTY TAX COLLECTOR. THE TAXES AND ASSESSMENTS OF THE DISTRICT CONSTITUTE A LIEN UPON THE PROPERTY THAT IS WITHIN THE DISTRICT. 23.6 Board of Supervisors. The functions, duties and powers of the District shall be managed and exercised by a board of supervisors, which entity will be different that the Association. 23.7 Declarant's Option. Declarant shall have the right, in its sole discretion,to convey property it owns to the District with the joinder of no other person being required, subject to the approval of the District and any applicable governmental regulations. Any property so transferred to the District shall be transferred subject to this Declaration. ARTICLE 24: GENERAL PROVISIONS 24.1 Term. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any Parcel subject to this Declaration, their respective legal representatives, heirs, successors, and assigns,for a term of 30 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years each, unless an instrument in writing, approved by 67%of the total eligible Class A voting interests and 100% of the Class B voting interests(if any), has been recorded within the year preceding the beginning of each successive period of 10 years, agreeing to terminate the same, in which case this Declaration shall be terminated as specified therein. Notwithstanding the foregoing, any terms, provisions, covenants, restrictions or prohibitions contained herein which relate to, pertain to or affect any environmentally sensitive areas of the Property or any portion of the Property which is subject to the rules, ordinances or regulations of the federal government, the State of Florida or the County or any agency or body of the foregoing shall be applicable to the Property in perpetuity unless the waiver of same shall have been obtained from the appropriate party or unless the rule, ordinance or regulation shall have been abrogated or repealed by the appropriate party. 24.2 Action by t the Association. All actions to be taken by t the Association under this Declaration shall be taken by the Board of Directors without a vote of the membership unless a vote of the membership is specifically required by the terms of this Declaration, the Articles or t the By-Laws. 24.3 Covenant Running with Property. The covenants and restrictions of this Declaration shall run with and be binding upon the Property, and shall remain in force and be enforced by the Board for a term as hereinabove provided. 24.4 Future Deeds of Conveyance. Each Owner, by virtue of taking title to a Lot or Parcel, hereby acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the deed of conveyance of the Lot or Parcel to a third party shall specifically state that the Lot or Parcel is subject to the terms of this instrument and shall state the recording book and page information for this instrument as recorded in the public records of the County. The intent of this provision is to defeat any potential argument or claim that Chapter 712, Florida Statutes, has extinguished the application of this instrument to each of the Lots and Parcels. 24.5 Enforcement. Unless expressly provided otherwise, the Association or any Owner has the right to enforce, by any appropriate proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, charges, rules and regulations now or hereafter imposed by, or pursuant to, the provisions of this Declaration. If the Association or any person entitled to enforce any of the provisions of this Declaration is the prevailing party in any litigation involving this Declaration or any rule or regulation, such party may recover from the losing party all costs and expenses incurred, including reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy. If the Association is the prevailing party against any Owner, such costs and expenses, including reasonable attorneys'fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy, payable to the prevailing party, may be assessed as a Specific Assessment against such losing Owner's Lot or Parcel as provided hereinabove. Failure by the Association or by any Owner to 128155526.10 65 � «� � "� � �� enforce any covenant, restriction, rule orregubdon will not constitute a waiver of-the hghit»d000et any time. 24.8 Sevenabi|hv. Invalidation of any padW|ar provision cf this Declaration byjudgmen or court order will not affect any other provision, all of which shall remain in full force and effect- providod, however, any coudofoompe�'ni]uhodiotionin hereby empowered,to the exhani practicable,iosnforme any otherwise invalid provision contained in this Declaration when necessary to avoid a finding OF invalidity while effectuating Owner's intent oFproviding a comprehensive plan-for the use, development, sale and bsneficial enjoyment ofiheProperty. 247 Interpretation. Unless the context expressly requires otherwise: (i)the use oi -the singular includes the plural and vice xonsa: (ii)the use of one gender includes all genders: (iii) the ueo OF the terms "including"or"include" is without limitation-, (iv)the use of thetarms"Lot" and "Parcel" includes any portion applicable to the context, any and all improvements, Fixtures,trees, vegetation and other property from time to time situated thenaon, and any and all appurtenant rights- and (v) ihem/orda "must", "should," and "will"hoveiheeams|ega|effeoieaihewond^ahaU" This Dedanad�n shall be interpreted, construed and enforced in a naaaonab|e, practical manner to effectuate its purpose of protecting end enhancing the va|ue, markebsbi|iiy, and desirability of the Lots and Parcels by providing a common plan for their development and enjoyment. The various headings used in this Declaration are for indexing and organ izationa I purposes only and are not to be used to interpret, construe, apply, or enforce its substantive provisions. 243 Lna/p|ioobi|itvof Condominium Act. Each Owner, by virtue of taking title-to e Lot orParcel, hereby acknowledges and aQreee, and shall be deemed to have acknowledged and agreed. thatt -the Association is not intended to be and shall not be a condominium aoaociaUon, and is not intended -to and shall not be governed by the provisions of Chapter 71O. FlondaSheby6ya. 24.9 Indemnification. The Association shall to the broadest extent possible by applicable aieiuta, indemnify and hold harmless every officer, direuto/, and committee membe/ against any and all expennee, including counsel and paralegal Fees, reasonably incurred byorimposed upon such officer, director, or committee mernber in connection with any action, suit,or other proceeding(inClUding settlement of any suit or proceeding, if approved by-the then Board of Directors)to which he or she may be a party by reason of being or having been an offioer, director, ornommitieemember. The ofDoerm, dinaoiom, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, exceptfor their own individual willful misfeaaance, ma|feaaanoe, misconduct, or bad faith. The officers and directors shall have no personal liability with respect-to any contract or other commitment made by them, in good-Faith, on behalf o'Ithe Association (except to the extent that such officers or directors may also be Members of the Association), and the Association shall indemnify and Forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer, director, or committee member, orfnrmerofficer, dinscior, or committee member may be entitled. The Association shall, ea a Common Expenee, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if Such insurance is reasonably available. 24.10 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association, nor shall any legal mon/ioea be provided with respect to preparing for such judicial or administrative proceedings unless approved by a vote of(a)75%of the total eligible Class A voting interests eligible to vote. and (b) 100Y6 of the C|eoa B Members (if Class B membership has not been terminated). The Association shall prepare a budget of the-total estimated cost of the litigation which shall be submitted iotheNlembemforavcdea|ongvvith-thenotioeofthepropooed|iiigeUon Such budget shall be based upon an estimate of the total cost and-fees of the litigation made by the attorney being retained bythe Association for-the|iUgotion. The Association shall assess all Owners whose interestsare being soughtto be protect ad through auoh litigation in accordance with the Assessment process provided herein; pruvidad, however, ihai no funds from General Assessments or other sources may be used 'for such purpose. Prior to preparation forand institution of legal proceedings, any Assessment levied in such regard must be more than 75Y6 collected. This Section shall ncdapp|y. however, io(i)actions brought by the Association against- parties other than Declarant to enforce the provisions of this Declaration (including without limitation, the 128155526.10 66 1 6 A 2 foreclosure of liens), (ii) the imposition and collection of assessments as provided herein, (iii) proceedings involving challenges to ad valorem taxation, (iv) counterclaims brought by the Association in proceedings instituted against it, or(v) any dispute in which the amount in question is $10,000 or less, as adjusted for inflation from year to year. This Section shall not be amended unless such amendment is made by Declarant or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 24.11 Amplification; Conflict. 24.11.'1 The terms defined in this Declaration shall have same meanings in the Articles and By-Laws, unless otherwise provided. 24.11.2 The terms and provisions of this Declaration are amplified by the Articles, the By-Laws and the Rules and Regulations, but no such amplification will alter or amend substantially any of the rights or obligations of the Owners set forth in this Declaration. 24.1'1.3 Declarant intends that the terms and provisions of this Declaration, on the one hand, and the Articles, the By-Laws and the Rules and Regulations, on the other, to be interpreted, construed, applied, and enforced to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, Declarant intends that the terms and provisions of this Declaration control over anything in the Articles, the By-Laws and/or the Rules and Regulations to the contrary. 24.11.4 Declarant intends that the terms and provisions of this Declaration, on the one hand, and the terms and provisions of any Subdivision Declaration, on the other, to be interpreted, construed, applied, and enforced to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, Declarant intends that the terms and provisions of this Declaration control over anything in any Subdivision Declaration to the contrary. 24.12 Compliance. Every Owner, Resident, Authorized User, guest, invitee and tenant of any Lot or Parcel shall comply with all lawful provisions of this Declaration, the By-Laws and Rules and Regulations of the Association. Failure to comply shall be grounds for an action to recover sums dues, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the Association or, in a proper case, by any aggrieved party. The Owner of a Lot or Parcel shall be responsible and liable for any and all actions of any Residents, Authorized Users, occupants, guests, invitees and tenants of such Lot or Parcel. Further, in the event of any violation of any ordinances, rules or restrictions imposed by the County with respect to the Property,the County may,without t the consent of the Association or any Person, seek judicial enforcement of such ordinances, rules or restrictions and if such enforcement shall be required by a court of competent jurisdiction, then the County shall be entitled, in addition to all other awards or directions of enforcement, to all reasonable attorneys' fees and paraprofessional fees at all levels, including appeals, collections and bankruptcy, and court costs incurred by the County relative to its enforcement of the foregoing. 24.13 Provisions Pertaining to the Lease of a Lot or Parcel; Prohibition Against De Facto Timesharing. 24.13.1 Leasing of a Lot or Parcel. The minimum allowable lease period shall be thirty (30) consecutive days. All leases are subject to the following restrictions and conditions: 24.13.1.1 The lease must be written, and a fully executed copy must be provided to the Association not less than fifteen (15) days before the beginning of the lease term, together with such other information about the lessees as the Board may reasonably require and which are permissible under applicable law. 24.13.'1.2 No lease may be for a period of less than thirty (30) consecutive days or one(1) month, whichever is less. 128155526.10 67 1 6 A 2 24.13.'1.3 No subleasing or assignment of lease rights is allowed. 24.13.1.4 No one but the lessee and Authorized Users may occupy the Lot or Parcel during a lease. All of the provisions of the Governing Documents (including specifically, but not limited to, the Rules and Regulations) shall be applicable to and enforceable against any person occupying a Lot or Parcel as a lessee or an Authorized User of a lessee to the same extent as against an Owner, and a covenant on the part of each occupant to abide by the Governing Documents (including specifically, but not limited to, the Rules and Regulations)shall be deemed to be included in every lease whether or not specifically expressed in such lease. An Owner's failure to evict a lessee in accordance with the lease shall be deemed a default of such Owner hereunder. However, to the extent any provision in this Section 24.13.1 is deemed a "legal restriction on conveyance" as set forth in 24 C.F.R. §203.41 (as may be amended), such provision shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Notwithstanding any inconsistent or contrary provision in this Declaration, if there are any FHA,VA, or USDA insured loans affecting a Lot or Parcel, and only for so long as any such loans affect the Lot or Parcel, any restrictions in this Declaration on renting, subleasing, or reconveyance that violate any FHA, VA or USDA requirements will not apply to such Lot or Parcel or its Owner. 24.13.2 Prohibition Against De Facto Timesharing. De facto timesharing of Lots and Parcels is not permitted, and no sale of a Lot or Parcel or an interest therein interest in a Lot or Parcel to multiple persons (such as siblings or business associates), who may intend that they and their families would split occupancy of the Lot or Parcel into different time periods during the year, shall be permitted. 24.14 Recognition by Owners of Declarant's and Builder's Rights to Develop and Construct Improvements on the Property. Each Owner on his, her or its own behalf and on behalf of such Owner's heirs, personal representatives, successors, mortgagees, lienors and assigns acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that the completion of the development of the Community may occur over an extended period of time and that incident to such development and the construction associated therewith the quiet use and enjoyment of the Property and each portion thereof may be temporarily interfered with by the development and construction work occurring on those portion of the Property owned by Declarant or a Builder or their respective successors and assigns and each Owner, on behalf of such Owner's heirs, assigns, personal representatives, successors, mortgagees, lienors and assigns does hereby waive all claims for interference with such quiet enjoyment and use as a result of'the development and construction of the balance of the Property. Each Owner, on behalf of such Owner's heirs, personal representatives, successors, mortgagees, lienors and assigns, acknowledges and agrees, and shall be deemed to have acknowledged and agreed,that the development,construction and completion of the balance of the Property may interfere with such Owner's original and existing views, light and air and diminish the same and each such Owner or such Owner's behalf and on behalf of such Owner's heirs, assigns, personal representatives„ successors, mortgagees, lienors and assigns does hereby release Declarant and each Builder and their respective successors in interest and others involved from all claims that they may have in connection therewith. 24.15 Access Control. Declarant and the Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to control vehicular access to the Property. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of privacy, security or safety within the Property. Neither the Association nor Declarant nor the Original Owner nor the Builder shall be held liable for any loss or damage by reason of failure to provide adequate privacy or ineffectiveness of privacy, security or safety measures undertaken. All Owners, Residents and Authorized Users of any Lot or Parcel, tenants, guests and invitees of any Owner, as applicable, acknowledge and agree, and shall be deemed to have acknowledged and agreed, that Declarant, the Original Owner, each Builder and the Association, and the officers, directors and supervisors 128155526.10 68 16A2 of each of them, do not represent or warrant that any fire protection system, electronic monitoring system or other privacy system designated by or installed according to guidelines established by Declarant or the ARC may not be compromised or circumvented, that any fire protection or electronic monitoring systems or other privacy or security systems will prevent loss by fire,smoke, burglary, theft, hold-up, or otherwise, and that fire protection or electronic monitoring systems or other privacy or security systems will in all cases provide the detection or protection for which the system is designed or intended. Each Owner, Resident and Authorized User of any Lot or Parcel, and each tenant,guest and invitee of an Owner,as applicable,acknowledges and understands that each Owner, Resident and Authorized User of any Lot or Parcel and each tenant, guest and invitee of any Owner assumes all risks for loss or damage to persons, to Lots and Parcels and to the contents of these and further acknowledges that the Association, Declarant,the Original Owner and each wilder have made no representations or warranties nor has any Owner, Resident,Authorized User, tenant, guest or invitee relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any'fire and/or electronic monitoring systems or other privacy systems recommended or installed or any privacy or security measures undertaken within the Property. 24.16 Disclaimer of Association Liability. As used in this Section, "Association" shall mean the Association, all Subdivision Associations having jurisdiction over portions of 'the Community, and all committee and Board members, employees, agents, contractors (including management companies), subcontractors, successors and assigns of the foregoing. Notwithstanding anything contained herein or in the Articles, By-Laws, any rules or regulations of the Association or any other document governing or binding the Association (collectively, the "Association Documents"), the Association shall not be liable or responsible for, or in any manner a guarantor or insurer of, the health, safety or welfare of any Owner, Member, Resident or Authorized User of any portion of the Community, other tenants, guests, invitees, agents, servants, contractors or subcontractors or for any property of any such persons. Without limiting the generality of the foregoing: (a) it is the express intent of the Association Documents that the various provisions thereof which are enforceable by the Association and which govern or regulate the uses of the Community, have been written, and are to be interpreted and enforced, for the sole purpose of enhancing and maintaining the enjoyment of the Community and the value thereof; and (b) the Association are not empowered, and have not been created, to act as an agency which enforces or insures compliance with the laws of the State of Florida or the County or the prevention of tortious activities. Each Member (by virtue of his or her acquisition of a Lot or Parcel) and each other Person having an interest in or lien upon, or making any use of, any portion of the Community (by virtue of accepting such interest or lien or making such use) shall be bound by this Article and shall be deemed to have automatically waived any and all rights, claims, demands and causes of action against which the liability of the Association has been disclaimed in this Article. Each Member does hereby release Declarant, Original Owner and the Association from all liability from injury and/or accidental death due to adverse weather and all effects and results thereof. 24.17 Logos and Trademarks. All logos, trademarks, and designs used in connection with the Community are the property of Declarant, and the Association shall have no right to use the same after Transfer of Control except with the express written consent of Declarant. Notwithstanding the foregoing provisions to the contrary, a Builder may use'the name"Rivergrass" in such Builder's marketing, sales, and promotional materials. 24.18 Disclosure Concerning Development and Construction Noise and Activities: All Owners, Residents and Authorized Users of the Community are hereby placed on notice that Declarant, Builders and/or their agents, contractors, subcontractors, licensees and other designees will be, from time to time, conducting blasting, excavation, construction and other activities within or in proximity to the Community. By the acceptance of a deed or other conveyance or mortgage, leasehold, license or other interest, and by using any portion of the Community, each such Owner, Resident and Authorized User automatically acknowledges, stipulates and agrees (i)that none of the aforesaid activities shall be deemed nuisances or noxious or offensive activities, hereunder or at law generally, (ii)not to enter upon,or allow their children or other persons under their control or direction to enter upon (regardless of whether such entry is a trespass or otherwise) any property within or in proximity to the Community where such activity is being conducted 128155526.10 69 1 6 A 2 (even if not being actively conducted at the time of entry, such as at night or otherwise during non-working hours), (iii) that Declarant, each Builder and any related parties shall not be liable for any and all losses, damages (compensatory, consequential, punitive or otherwise), injuries or deaths arising from or relating to the aforesaid activities, except resulting directly from Declarant's or Builder's gross negligence or willful misconduct, (iv) that any purchase or use of any portion of the Community has been and will be made with full knowledge of the foregoing, and (v)that this acknowledgment and agreement is a material inducement to Declarant and each Builder to sell, convey, and/or allow the use of the Lot or Parcel to third parties. This section shall survive the closing and delivery of a deed of conveyance. 24.19 Hurricane Disclosure Statement. Each Owner is hereby notified that (a)the Lot or Parcel that the Owner has purchased is located within a hurricane vulnerability zone; (b)the hurricane evacuation time for t the Gulf Coast of Florida region is high; and (c) hurricane shelter space is limited. 24.20 Flood Zones. Flood zone determinations are made by the Federal Emergency Management Agency. Declarant and each Builder make no assurance, with regard to any portion of the Property, that any flood zone designation for a Lot or Parcel existing as of a particular date will remain the same. Declarant further advises that any such flood designation could be changed due to re-grading of the land as a result of the land development process. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that Declarant and each Builder have no involvement in the determination or designation of flood zone designations for any portion of the Property. 24.21 Resolution of Disputes. All issues or disputes which are recognized by the Act or by administrative rules promulgated under the Act as being appropriate or required for dispute resolution shall be submitted to such dispute resolution procedures contained in the Act prior to institution of civil litigation. 24.22 Disclosure Pertaining to Prescribed Burning. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that: 24.22.1 prescribed burning will be used as a management tool to maintain the native vegetation communities within the Florida Panther National Refuge located approximately 5.5 miles to the south of the Community; 24.22.2 prescribed burning may also be used as a management tool in various areas owned or operated by the District which are located near or in close proximity to the Community; 24.22.3 prescribed burns help maintain vegetative communities in their natural state, reduce fuel loads and the danger of wildfire, aid with the eradication and control of exotic and nuisance vegetation species, and improve wildlife habitat; 24.22.4 the objectives of prescribed burning will be to aid in the control of exotic vegetation, and to stimulate growth and diversity of herbaceous vegetation; 24.22.5 prescribed burning generates smoke which may migrate onto properties within the Community; 24.22.6 consents to, and will not object to, the prescribed burning and encroachment of smoke onto the Lots and Parcels and property of some or all of the Owners; and 24.22.7 periodic prescribed burning is a recognized land management tool and a recommended method of fuel management in southwest Florida, including in the vicinity of the Community, for minimizing wildfire hazards and maintaining healthy fire-adapted ecological communities, and each Owner or Owners further acknowledges that such Owner or Owners has received notice that prescribed burning may result in the periodic occurrence of temporary smoke and ash that drifts through developed areas. 128155526.10 70 i6A2 The provisions of this Section 24.22 are provided in accordance with the requirements of the Existing Declaration, and to the extent that the terms and provisions of this Section 24.22 conflict with the terms and provisions of the Existing Declaration, the terms and provisions of the Existing Declaration shall control. The provisions of this Section 24.22 shall not be amended without the prior written consent of the applicable Governmental Entities, if any. 24.23 Rural Lands West Listed Species Management and Human-Wildlife Coexistence Plan. The following provisions are included in this Declaration as required by applicable Governmental Entities: 24.23.1 American Alligator Human-Wildlife Coexistence Plan. Signs will be posted on the Property to instruct on-site workers and residents not to feed or harass t the American alligator.The signs will indicate that the offense is punishable by law. The typical signage is provided in Appendix F as contained in Exhibit G attached hereto and made a part hereof. The FWCC educational brochure entitled "A Guide to Living with Alligators" (Appendix H as contained in Exhibit G attached hereto and made a part hereof) will be provided to homeowners, community association managers, and maintenance staff. The brochure can be found at hops://myftivc.com/media/16070/alliga'tor-brochure.pdf. Construction personnel and residents will be instructed that in the event there is a problem with a persistent nuisance alligator, they will need to contact the FWCC, as that is the only agency empowered to handle nuisance alligators. 24.23.2 Eastern indigo Snake Human-Wildlife Coexistence Plan. The USFWS's Standard Protection Measures for the Eastern Indigo Snake (2013b) will be followed prior to and during construction activities. The Standard Protection Measures include the placement of posters at strategic locations on the construction site and along proposed access roads clearly visible to construction staff. The posters include a description and photograph of the Eastern indigo snake, its protection status, and instructions in the event that one is observed. In addition, informational brochures will be provided to all construction staff. The USFWS's Standard Protection Measures, including the poster and brochure,can be found at http://www.fws.gov/verobeach/listedspeciesre tiles.html. A copy of the brochure is provided in Appendix I as contained in Exhibit G attached hereto and made a part hereof. 24.23.3 Bald Eagle Human-Wildlife Coexistence Plan. The bald eagle protection guidelines as described in the FVVCC Bald Eagle Management Plan Handbook (FVVCC 2010) and the USFVVS National Bald Eagle Management Guidelines (USFWS 2007) will be implemented to avoid disturbance to the bald eagle nest. 24.23.4 Crested Caracara Human-Wildlife Coexistence Plan. Problematic encounters between future residents and crested caracara are not anticipated. Restricted resident access to the preserves through signage, as well as the typical nest location within the canopy of cabbage palms, will ensure against disturbance to crested caracara nests. 24.23.5 Wading Bird Human-Wildlife Coexistence Plan. A brochure prepared by PAI entitled "Wading Bird Informational Pamphlet" (Appendix J as contained in Exhibit G attached hereto and made a part hereof)will be provided to residents and maintenance staff. The brochure provides wading bird information and methods to prevent human-wading bird interactions. In addition, the brochure informs residents of the need to avoid disturbance around nesting colonies should a colony be identified on the property in the future. 24.23.6 Florida Bonneted Bat and Tri-Colored Bat Hum an-Wildlife Coexistence Plan. Problematic encounters between future residents and Florida bonneted bats and/or tricolored bats are not anticipated. Restricted resident access 'to the preserves through signage, as well as the typical roost location high within tree cavities, will ensure against disturbance to potential Florida bonneted bat and tri- colored bat roosts. 128155526.10 71 16A2 24.23.7 Big Cypress Fox Squirrel Human-Wildlife Coexistence Plan. Problematic encounters between future residents and Big Cypress fox squirrels are not anticipated. Restricted resident access to the preserves through signage, as well as the typical nest location high within the tree canopy, will ensure against disturbance to fox squirrel nests. 24.23.8 Florida Black Bear Human-Wildlife Coexistence Plan. The FWCC educational brochure entitled "A guide to living in bear country" (Appendix K as contained in Exhibit G attached hereto and made a part hereof)will be provided to residents, community association managers, and maintenance staff. This brochure may be found at https://mvfwc.corri/media/'i891/livino,inbearcountrvbrochure.pclf. The FWCC will be consulted on management initiatives such as bear-resistant dumpsters and garbage receptacles for residential areas.A list of companies obtained from the FWCC that provide bear- resistant garbage containers for residential use is provided in Appendix G as contained in Exhibit G attached hereto and made a part hereof In addition, these management initiatives will include the following. Residential units that have curbside garbage service will be required'to place garbage containers curbside no earlier t than the morning of the days of garbage pickup and garbage containers will be returned to their permitted location no later than the evening of'the days of garbage pickup. For units with curbside garbage service, all garbage, 'trash refuse, or rubbish will be required to be placed in appropriate garbage containers or stored inside an enclosed area except for the days when there is curbside garbage pickup service. For units without curbside garbage service, all garbage, trash refuse, or rubbish will be placed in bear resistant dumpsters with the lid closed and secured. 24.23.9 Florida Panther Human-Wildlife Coexistence Plan. The educational brochure entitled "A guide to living with Florida Panthers" (Appendix L as contained in Exhibit G attached hereto and made a part hereof), prepared by the FV1/CC and the USFWS, will be provided to residents, community association managers, and maintenance staff. This brochure provides safety tips and instructions 'for panther encounters. The brochure may he found on the FVVCC website located at h'tt'tps://r nvfwc.com/media/3112/livincjwi'thpanthers.pdf. In addition, residents will be informed that vaccinating house cats for feline leukemia virus can prevent disease transmission from house cats'to Florida panthers. Each Owner is directed to Exhibit G attached hereto and made a part hereof for further information. 24.24 Dark Sky Lighting. In accordance with the requirements of the Existing Declaration, each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that "Dark Sky" lighting design principles 'for both residential and commercial (nonresidential) development shall be utilized within the Community, subject to public safety design standards for public area. REMAINDER OF PAGE D ITEh9TDOi ALLY LEFT BLANK] 128155526.10 72 16A2 IN WITNESS WHEREOF, the undersigned, being DeclarInt, herein has caused this Declaration to be executed as of this = ". day of ? '; ; S , 2026. WITNESSES: Lennar es, LLC, a Florida lirn ed liability company Name: By: Print Name:_ _MAIM.NLLMt111 Darin McMurray, Vice President Address: 10481 Six Mile Cypress Parkway Ft. Myers, FL 33966 (Corporate Seal) Name: r Print Name: Address: 10481 Six Mile Cypress Parkway Ft. Myers, FL 33966 STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me, by means of r physical presence or ❑ online notarization, this 9 , day of F1,,1 , , 2026, by Darin McMurray, as Vice President of Lennar Homes, LLC, a Florida limited liability company. He 3 is personally known to me or ❑ has produced as identification. My Commission Expires: I 2 f b t/2ou/ (Signature) (AFFIX NOTARY SEAL) *Ailed Name: (Legibly Printed or Typed) • Notary Public, State of Florida Notary Public State or Florida Jessica Martin 1 12 4' 6111. ivly Commission HI;339252 E3i(lirc^S 12/7/2026 I (Commission Number, if any) 128155526.10 16A2 JOINDER AND CONSENT OF ORIGINAL OWNER Millrose Properties Florida, LLC, a Florida limited liability company, being the fee simple owner of the real property described in that certain Declaration of Covenants and Restrictions for Rivergrass ("Declaration") to which this Joinder and Consent is attached and made a part thereof, and being the "Original Owner" under the Declaration, hereby joins into and consents to the terms and provisions contained in the Declaration and declares that the aforesaid real property is and shall be subject to the terms and provisions contained in the Declaration. Dated this day of '1 f 1j , 2026. WITNESSES: Millrose Properties Florida, LLC, a Florida limited liability company By: Lennar 'Homes, LLC, a Florida limited liability c*pany, its attorney-in-fact Name: Print Name: {S!!rd mom Address: IPygl b NlltCuQYLSS Ww By: Ft.Myers,FL Nib t. Darin McMurray, Vice President Namp:_ (Corporate Seal) Print Name: Address: IQ'4My U N itt Cu rrts PILwq STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online notarization, this ''P'' day of Mann , 2026, Darin McMurray, as Vice President of Lennar Homes, LLC, a Florida limited liabilitycompany, as attorney-in-fact of Millrose Properties Florida, LLC, a Florida limited liability company. He [ is personally known to me or ❑ has produced as identification. My Commission Expires: 1210 7'Z DZ IP 1444 (Signature) (AFFIX NOTARY SEAL) Name: 1�sJlc�hhn (Legibly Printed or Typed) Notary Public State of Florida 1 Jessica Martin Notary Public, State of fifirirla ,,t,15l4..uu any Commission RH 339252 L(� Expires 12/7/2026 i 1- rJ 339Z5l (Commission Number, if any) 128155526.10 16A2 JOINDER AND CONSENT OF MORTGAGEE COLLIER LAND HOLDINGS, LTD., a Florida limited partnership, and CDC LAND INVESTMENTS, LLC, a Florida limited liability company, being collectively the holders of that certain Purchase Money Mortgage and Security Agreement dated as of December 3, 2025, and recorded on December 12, 2025, in Official Records Book 6535, Page 2047, public records of Collier County, Florida, and that certain Contingent Mortgage and Security Agreement dated as of December 3, 2025, and recorded on December 12, 2025, in Official Records Book 6535, Page 2075, public records of Collier County, Florida (collectively, "Mortgage Documents"), hereby join in and consent to the terms and provisions of the Declaration of Covenants and Restrictions for Rivergrass ("Declaration") 'to which this Joinder and Consent is attached and made a part, and further does hereby subordinate the lien of the Mortgage Documents to the terms and provisions of said Declaration. Dated this ::.,'+ day of •;'0).:e+J� , 2026. WITNESSES: COLLIER LAND HOLDINGS, LTD., a Florida limited partnership 7, By: Tarpon Blue CE Management LLC, a _ Delaware limited liability company, its Name: r- General Partner c Print Name: j_(- - 1 C c r-rc L, . Address: ccc VAND RBILT BEACH PD,45,07 By: NAPLES, FL".�103 Kenneth J. Smith, Manager Name: IR ClatifittAIK Print Name: V* /*WC?. 111M01'Nte C Address: 94,-9 VAMDr.M1L1 l?I-AC:3-1 Pr), &n7 NAPES, FL S4i 10,9 STATE OF -fI.c7R[D,(��, COUNTY OF C,DUAI • The foregoing instrument was acknowledge before me, by means of ❑ physical presence or El online notarization, this day of Wait . , 2026, by Kenneth J. Smith, as Manager of Tarpon Blue C Management LLC, a Delaware limited liability company, as General Partner of COLLIER LAND HOLDINGS, LTD., a Florida limited partnership. He either ❑ is personally known to me or❑ has produced as identification. My Notarial Commission Expires: $1,/ I bibt9J2( (Sign ture) (AFFIX NOTARY SEAL OR STAMP) 1 ��1 nv�-T� '/n Name: Laati ` hilt(A Ke Mb eg (Leg bly Printed) ; s;e•V--- LAURENTAYLO CLARKE MORALES! Notary Public, State of �� «c 1r *, ' Commission.m f f1-3 281UJ3 1 1# ?u'W. G ?••• s{��3�y >,2026 i { °F` (Notary Registration/Identification Number) 128155526.9 Dated this i . day of !'\,.,r LL ' + , 2026. WITNESSES: CDC LAND INVESTMENTS, LLC, a Florida limited liability company Name: gAt By: Tarpon Blue CE Management LLC, a Delaware limited liability company, its Name: ' ij I manager JL Print Name: c --c,t i')Cc ✓-;cJL . ," Address: 999 VANDeRsiur B AC;E<I ern 4iA.0,7 By:_ NAPLES,FL.34108 enneth J. Smith, Manager Name: Print Name: owl/4 qV e5 Address: 999 VANDERBILT BFACH&2D,.507 NAPLES, FL 34108 STATE OF * COUNTY OF CAI igk The foregoing instrument was acknowledged before me, by means of ©'physical presence or ❑ online notarization, this PM day of WO/al , 2026, by Kenneth J. Smith, as Manager of Tarpon Blue CE Management LLC, a Delaware limited liability company, as Manager of CDC LAND INVESTMENTS, LLC, a Florida limited liability company. He either IE/iis personally known to me or❑ has produced as identification. AVAPJA.u.I l0My Notarial Commission Expires: i CAdditta (AFFIX NOTARY SEAL OR STAMP) �'�''{`,.,,�,,—t—'ignbatu/e') 1 '/ Name: ��wN'YN1 I I2V(J i M*tUi (Legibly Printed) - , ' �p,'' !'• �, NotaryPublic, State of T 1 ,�• a LAUREN TAYLOR CLARKE MORALES �j/jllY 1(�IU�' f it "Commission#V lh1261093 ! Y I V"f J '•; � Expires May 4,2026 f�; r � (Nota egistration/Identification Number) 128155526.9 1 6 A 2 ExhItal A Lewd Deserarrtu rro of the PFooerty 128155526.10 16A2 ALL THAT PART SECTIONS 10, 14 AND 15, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE AFORESAID SECTION 15; THENCE N 01°27'11"W ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 150.03 FEET TO AN INTERSECTION WITH A LINE '150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG SAID PARALLEL LINE N 89°44'36"E A DISTANCE OF 273.61 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN BEING DESCRIBED. THENCE LEAVING SAID PARALLEL LINE N 46°15'52"WA DISTANCE OF 168.06 FEET; THENCE N 01°15'52"W A DISTANCE OF 98.04 FEET; THENCE N 05°34'42" E A DISTANCE OF 100.72 FEET; THENCE N 01°15'52"W A DISTANCE OF 284.23 FEET; THENCE S 88°32'49"W A DISTANCE OF 2.97 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 9.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°11'19"AN ARC DISTANCE OF 14.17 FEET; THENCE N 01°15'52"W A DISTANCE OF 217.77 FEET; THENCE N 43°32'49" E A DISTANCE OF 38.77 FEET; THENCE N 01°27'11"W A DISTANCE OF 80.00 FEET; THENCE N 46°27'11" W A DISTANCE OF 56.86 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 89°21'09" W AND HAVING A RADIUS OF 22049.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'22" AN ARC DISTANCE OF 1035.01 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 22951.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°53'02" AN ARC DISTANCE OF 754.62 FEET TO AN INTERSECTION WITH A LINE 122.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SECTION 15; THENCE ALONG SAID PARALLEL LINE N 01°27'11" W A DISTANCE OF 1961.17 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 42951.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°01'22" AN ARC DISTANCE OF 766.64 FEET TO AN INTERSECTION WITH A LINE 125.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SECTION 10; THENCE ALONG SAID PARALLEL LINE N 00°25'50"W A DISTANCE OF 144.64 FEET; THENCE LEAVING SAID PARALLEL LINE N 06°24'31" E A DISTANCE OF 100.77 FEET; 128155526.10 16A2 _ THENCE N 00°25'50"W A DISTANCE OF 372.62 FEET; THENCE N 44°34'10"E A DISTANCE OF 67.37 FEET; THENCE N 00°25'50"W A DISTANCE OF 80.00 FEET; THENCE S 89°34'10"W A DISTANCE OF 12.00 FEET; THENCE N 45°25'50" W A DISTANCE OF 67.37 FEET TO AN INTERSECTION WITH A LINE 125.50 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF AFORESAID SECTION 10; THENCE ALONG SAID PARALLEL LINE N 00°25'50"W A DISTANCE OF 1331.88 FEET; THENCE LEAVING SAID PARALLEL LINE N 51°59'09" E A DISTANCE OF 1782.11 FEET; THENCE S 43°35'16" E A DISTANCE OF 112.09 FEET; THENCE S 54°40'31" E A DISTANCE OF 129.64 FEET; THENCE S 24°40'19" E A DISTANCE OF 239.67 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'31" AN ARC DISTANCE OF 157.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 218.15 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°26'49" AN ARC DISTANCE OF 142.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 236.20 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°03'29" AN ARC DISTANCE OF 144.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 172.16 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°4513" AN ARC DISTANCE OF 98.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 110.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°07'02" AN ARC DISTANCE OF 123.77 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°32'03"AN ARC DISTANCE OF 237.79 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 534.14 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°45'43" AN ARC DISTANCE OF 53.71 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 96.87 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°00'46" AN ARC DISTANCE OF 120.06 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 85.31 FEET; 128155526.10 16A2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°50'02" AN ARC DISTANCE OF 135.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 221.62 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°37'40" AN ARC DISTANCE OF 118.47 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 139.82 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°03'35" AN ARC DISTANCE OF 112.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 115°14'51"AN ARC DISTANCE OF 241.37 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 127.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°28'16" AN ARC DISTANCE OF 130.04 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 172.18 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°57'35" AN ARC DISTANCE OF 108.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°11'37"AN ARC DISTANCE OF 165.44 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 421.46 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°37'20" AN ARC DISTANCE OF 320.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 330.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°47'38" AN ARC DISTANCE OF 390.46 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 278.77 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75°06'04" AN ARC DISTANCE OF 365.39 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 280.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°47'49" AN ARC DISTANCE OF 350.87 FEET TO THE BEGINNING OFA REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 163.01 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 77°49'13" AN ARC DISTANCE OF 221.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 105.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 121°12'46"AN ARC DISTANCE OF 222.13 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 469.13 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°41'00"AN ARC DISTANCE OF 439.55 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 480.00 FEET; 128155526.10 1642 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°07'06"AN ARC DISTANCE OF 1'18.28 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 379.94 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°38'35"AN ARC DISTANCE OF 216.47 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°01'52"AN ARC DISTANCE OF 78.64 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 369.90 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°53'09" AN ARC DISTANCE OF 154.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 75.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°17'19" AN ARC DISTANCE OF 25.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 85.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°04'11" AN ARC DISTANCE OF 145.49 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°35'25" AN ARC DISTANCE OF 94.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°37'38" AN ARC DISTANCE OF 200.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 305.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 223°30'01"AN ARC DISTANCE OF 1189.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 220.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°42'24"AN ARC DISTANCE OF 217.74 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°33'08"AN ARC DISTANCE OF 265.98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°28'37"AN ARC DISTANCE OF 210.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°57'51"AN ARC DISTANCE OF 105.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; 128155526.10 16A2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°31'53"AN ARC DISTANCE OF 268.25 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 116.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66°14'25"AN ARC DISTANCE OF 134.11 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 185.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°01'13"AN ARC DISTANCE OF 277.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 516.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°37'23"AN ARC DISTANCE OF 320.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 470.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°45'07"AN ARC DISTANCE OF 268.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°35'13"AN ARC DISTANCE OF 153.01 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°59'35"AN ARC DISTANCE OF 179.82 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°52'02" AN ARC DISTANCE OF'154.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 584.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°28'18" AN ARC DISTANCE OF 402.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°23'37" AN ARC DISTANCE OF 212.60 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°21'28" AN ARC DISTANCE OF 277.33 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 66.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°21'30"AN ARC DISTANCE OF 130.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; 128155526.10 16 A 2 �. THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°05'00"AN ARC DISTANCE OF 106.24 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 216.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'45" AN ARC DISTANCE OF 220.02 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°00'00" AN ARC DISTANCE OF 125.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 125.76 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°16'50"AN ARC DISTANCE OF 141.09 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 115.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°33'58" AN ARC DISTANCE OF 49.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF '166.50 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°47'45" AN ARC DISTANCE OF 95.31 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 101.39 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°38'32" AN ARC DISTANCE OF 119.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 97.82 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°42'08" AN ARC DISTANCE OF 62.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 204.40 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°13'36"AN ARC DISTANCE OF 40.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°00'36" AN ARC DISTANCE OF 86.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°48'46" AN ARC DISTANCE OF 61.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°48'00" AN ARC DISTANCE OF 89.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°05'07" AN ARC DISTANCE OF 123.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°41'00"AN ARC DISTANCE OF 111.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 160.00 FEET; 128155526.10 16A2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°45'57" AN ARC DISTANCE OF 203.20 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74°52'32"AN ARC DISTANCE OF 248.30 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 160.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°22'12" AN ARC DISTANCE OF 135.07 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°35'13" AN ARC DISTANCE OF 71.59 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°2011" AN ARC DISTANCE OF 163.83 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°44'31" AN ARCDISTANCE OF 89.13 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°55'18" AN ARC DISTANCE OF 151.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 190.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°07'22" AN ARC DISTANCE OF 199.37 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°40'35"AN ARC DISTANCE OF 173.16 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°29'17" AN ARC DISTANCE OF 83.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 479.84 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°01'12" AN ARC DISTANCE OF 176.04 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°12'07" AN ARC DISTANCE OF 129.44 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°39'07" AN ARC DISTANCE OF 130.31 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 58.78 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°46'02" AN ARC DISTANCE OF 95.17 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 290.00 FEET; 128155526.10 16A2 THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°28'45"AN ARC DISTANCE OF 169.45 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 280.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°13'46"AN ARC DISTANCE OF 181.94 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 135.53 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°14'19"AN ARC DISTANCE OF 95.18 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°52'45"AN ARC DISTANCE OF '115.86 FEET TO THE BEGINNING OFA REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 105.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 162°55'44"AN ARC DISTANCE OF 298.58 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 253.25 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'46"AN ARC DISTANCE OF 112.25 FEET; THENCE S 00°15'29"E A DISTANCE OF 33.33 FEET TO AN INTERSECTION WITH A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 14; THENCE ALONG SAID PARALLEL LINE S 89°44'31" W A DISTANCE OF 1180.15 FEET; THENCE S 89°44'43" W ALONG A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 2667.40 FEET;THENCE S 89°44'36" W ALONG A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 2400.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 128155526.10 16A2 Exhibit B Description of Common Property As of the date of recording of the Declaration of Covenants and Restrictions for Rivergrass ("Declaration"), Declarant had not completed its determination of the Common Property for the Community. Section 1.15 of the Declaration provides a detailed description of other lands and items that are considered to be Common Property. As provided in Section 4.5.3 of the Declaration, Declarant has reserved the right to amend the Declaration and this exhibit from time to time to provide a description of lands to be contained within the Common Property. 128155526.10 16A2 Exhibit C Articles of incorporation 128155526.10 16A2 , • .- P q ^� R Y - q! Gi Jc / Vr 'W � ' ra � c 1 ! u' R ABCaCtSrllZ e9 r➢� C , . 1 t aik1,1,.e ..:V.ifr 0 / r, GIL 1 . ,.. ti . r.c orall itlw or , 418 .i)A-15' , t b a Paz w tiltar$!33`ent pi #111?e 511 ?T;w flet goy I certify from the records of this office that RIVERGRASS ?ASTER PROPS ^v bills W. %NAOWNERS ASSOCIATION, INC. is a corporation organized under the laws of the �"7124' State of Florida, filed on June 9, 2023.2 � t The document number of this corporation is N23000007033. j ,r I further certify that said corporation has paid all fees clue this orrice e nVithrough December 31, 2023, and its status is active. Z g; „ I further certify that said corporation has not filed Articles of �� D 4 Dissolution. ° �3 Vas 'L � r `d� , I further certify that this is an electronically transmitted certificate �iti. eters authorized by section 15.16, Florida Statutes, and authenticated by the em v code, 023A00013283-061223-N23000007033-1/1, noted below. �R,�6 WA"' Oro Authentic ation rode: 023300013283-061223-ii23000007033-1/1 a�, , � rril atit 67 z.Ir , gr FAS RNE vflts W1 Given under my hand and the o ;s2 tit Great Seal of the State of Florida, '4 at Tallahassee, the Capital, this the `'" '"= tG3 Twelfth day of June 2023 r( cite. . 61. l�en IC "iE= % i r� Y `J:� Secretary of State RA8, e tires ii ; ti. r.s e 4; RI y!v c t n .RiCUIIn nc+ n q� a.c �c r r 128155526.10 16A2 -� ,i moa f- �t il,yry ^. �-4i a�- '.1 ! ��1 � 4 k� CA o*Wi . 9 �•(,Qa rd ,4 en �r y Des�lieJhn inti 'S aaa toffen iCz1ato maim i1t3 . 0 em r ?an ,r, L9 kil r 1R8 ,. r — gm I certify the attached is a true and correct copy of the Articles of grifilti '- Incorporation of RIVERGRASS MASTER PROPERTY OWNERS ASSOCIATION, INC., a g;�/° . : Florida corporation, filed on June 9, 2023, as shown by the records of ;q this office. 49 ao tt I further certify the document was electronically received under FAX audi.crl( p number R23000208528. This certificate is issued in accordance with �g section 15.16, Florida Statutes, and authenticated by the code noted below°l �'� , �."G-'- p,, The document number of this corporation is N23000007033. below, v sdil ', Authentication Code: 023300013233at, -061223-�723000007033-1/1 '�3 r" o ant fti . ., 4 7 El , da. MI 6;TW Fe' 2 Given under my hand and the p. ,3 p Great Seal of the State of Florida, 5 , egg at Tallahassee, the Capital, this the °�3 /, ? o Twelfth day of June, 2023 5 P; 40 i t, q cal El �' een,, Secretary®f State zug 2r PUt n g ,xi A ; 1 c? OM etrapR4 ,.ISW ,8,i�.tr3_VIA niru' Q . ,rrt ��+(i./��i`C t'�5.�( T 128155526.10 2 16A2 _ 1.123000208328 3 ARTICLES OF INCORPORATION OF RIVERC,IRASS MASTER PROPERTY OWNERS ASSOCIATION,INC. (A Faoviria Corporation Not for Profit) THE UNDERSIGNED INCORPORATOR to these Articles of Incorporation hereby proposes the incorporation under Chapters 6.17 and 720, Florida Statutes, of a corporation not for profit, and hereby makes,subscribes,acknowledges and files with the Secretary of State of the State of Florida,Articles of Incorporation,and hereby certifies as follows: ARTICLE I.NAME AND LOCATION The nine of this corporation shall be Rivergrass Master Property Owners Association, Inc. (hereinafter referred to as the"Association"), and its initial office for the transaction of its affairs shall be 10481 Six Mile Cypress Parkway,Ft.Myers,Florida 33966. } ARTICLE II.PURPOSES This Association does not contemplate pecuniary gain or profit to the Members thereof, and no distribution of income to its Members,directors or officers shall be made,except that nothing herein shall prevent the Association from compensating persons who may be Members, directors or officers in exchange for services actually rendered to,or costs actually incurred for the benefit of,the Association in furtherance of one or more of its purposes. The general purpose of this Association is to promote the common interests of the property owners in Rivergrass(hereinafter referred to as the"Community"),and the specific purpose is to perform the functions of the Association contemplated in the Declaration for the Community recorded in the public records of Collier County, Florida (hereinafter- referred to as the "Declaration"), as the same may in the future be amended, which purposes shall include, but not be limited to,the following: (a) 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; (b) Fix, levy, collect and enforce payment, by ariy lawful means, all charges or assessments pursuant to the terms of the Declaration; (c) Own and convey property; (d) Establish rules and regulations; (e) Sue and be sued; (f) To pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association; (g) Maintain, repair and replace Common Properties as contemplated by the Declaration,and to enter into contracts for the provision of services to maintain and operate the Common Properties;and (h) Have and exercise any and all other powers, rights and privileges of a not-for- profit corporation organized under the law of the State of Florida. ARTICLE III.i1fE1tI 1ERSHIP AND VOTING RIGHTS A. Eligibility. Every person,`whether an individual, corporation or other entity, who is the record owner of a Lot or Parcel that is subject to Assessment pursuant to the Declaration shall become a 128155526.5 F123000208526 3 128155526.10 3 1 6 A I-12500020552E 3 Member of the Association upon the recording of the instrument of conveyance.If title to a Lot or Parcel is held by more than one person,each such person shall be a Member.An Owner of more than one Lot or Parcel is entitled to membership for each Lot or Parcel owned.No person other than en Owner may be a Member of the Association, and a membership in the Association may not be transferred except by the transfer of title to a Parcel; provided, however, the foregoing does not prohibit the assignment of membership and voting rights by an Owner who is a contract seller to such Owner's vendee in possession. iI If more than one person owns a fee interest in any Lot or Parcel,all such persons are Members, but there may be only one vote cast with respect to such Lot or Parcel. Such vote may be exercised as the co-owners determine among themselves,but no split vote is permitted. Prior to any meeting at which a vote is to he taken, each co-owner must file a certificate with the secretary of the Association naming the voting co-owner entitled to vote at such meeting, unless such co-owners have filed a general voting certificate with the Secretary applicable to all votes until rescinded. Notwithstanding the foregoing, no separate certificate shall be necessary if title to any Lot or Parcel is held in a tenancy by the entireties, and in such event either tenant is entitled to cast the vote for such Lot or Parcel unless and until the Association is notified otherwise in writing by such co-tenants by the entireties. R. Classes of llilernbersbio and Voitinr;Tr,�nsfer of Control. The Association shall have 2 classes of voting membership-Class A and Class B. So long as there is Class B membership,Class A Members shall be all persons owning record title to the Lot or Parcel of the Community except Declarant. All Class B memberships shall belong to Declarant. Upon termination of Class B membership as provided below, Class A Members shall be all Owners, including Declarant so long as such Declarant is an Owner. Voting shall be accomplished in accordance with the Bylaws. There shall be no cumulative voting for Directors or any other matters. Class B membership shall cease to exist and shall be deemed to be converted into Class A membership upon the earlier of(a)a triggering event contained in Section 720.307(1)of the Act, or(b) the date that Declarant waives in writing its right to Class B membership,which waiver shall be evidenced by the recording of a certificate to such effect in the public records of the County. Upon termination of Class B membership, all provisions of the Declaration, Articles of Incorporation, or By-Laws referring to Class B membership will be obsolete and without further force or effect,including any provision requiring voting by classes of membership. C. Transferability. Each membership is appurtenant to the Lot or Parcel upon which it is based and is transferred automatically by conveyance of title to that Lot or Parcel whether or not mention thereof is made in such conveyance of title. ARTICLE IV.TERM OF EXISTENCE The Association shall have perpetual existence. However,should the Association be terminated, dissolved or liquidated,the Surface Water Drainage and Management System will be transferred to and maintained by one of the entities identified in Sections 12.3.1(a)through (f) of the South Florida Water Management District's Applicant Handbook Volume I ("Handbook"), which entity shall have the powers listed in Sections 12.3.4(b)1. through 8. of the Handbook, the covenants and restrictions required in Sections 12.3,4(c)1.through 9.of the Handbook,and the ability to accept responsibility for the operation and routine custodial maintenance of the Surface Water Drainage and Management System described in the Declaration and in Section 12.3.4(d)1. or 2. of the Handbook prior to the Association's termination, dissolution or liquidation, The South Florida Water Management District shall approve such entity prior to such termination,dissolution or liquidation of the Association. Further,for purposes of clarity,the South Florida Water Management District shalt have the right to take enforcement measures in accordance with Section 12.3.4(c)(8)of the Handbook. 128155526.5 2 .H23000208528 3 128155526.10 4 16A2 _ 1 1-123000209523 3 ARTICLE V.INCORPORATOR The name and address of the Incorporator to these Articles of Incorporation is the following: Robert S.Freedman Carlton Fields,P.A. 4221 W.Boy Scout Blvd.,Suite 1000 Tampa,FL 33607 ARTICLE VI.tllANAGEMENT The affairs of the Association shall be managed by its Board of Directors,which shall consist of not less than 3 nor more than 7 individuals,the precise number to be fixed in the By-Laws or by the Board of Directors from time to time.Directors shall be elected for one year terms by the Members at the annual Members' meeting, to be held as scheduled by the Board of Directors in the last quarter of each fiscal year in the manner prescribed in the By-Laws, and shall hold office until their respective successors are duly elected and qualified; provided, however, that Declarant shall be entitled to solely appoint all members of the Board of Directors prior to Transfer of Control. The Board shall elect a President,a Vice President, and a Secretary-Treasurer, and such other officers as may, in the opinion of the Board,from time to time be necessary to adequately administer the affairs of the Association. Such officers are to hold office at the pleasure of the Board or until their successors are duly elected and qualified. Officers may be Directors. Officers and Directors must be Members of the Association except with respect to those who are elected by Declarant. Any individual may hold 2 or more corporate offices,except that the offices of President and Secretary-Treasurer may not be held by the same person.The officers shall have such duties as may be specified by the Board or the By-Laws of the Association.Vacancies occurring on the Board and among the officers shall be filled in the manner prescribed by the By-Laws of the Association. Notwithstanding the foregoing,the Class B Members shall have the right to elect all Directors as • long as there shall be Class B membership, except that Class A Members shall be entitled to elect at least one member of the Board of Directors(but not a majority of the directors until Transfer of Control has occurred) if 50% of the Lots and Parcels in all phases of the Community which will ultimately be operated by the Association have been conveyed to the Class A Members. ARTICLE VII.INITIAL OFFICERS The names of the initial officers who are to serve until their successors are elected under the provisions of these Articles of Incorporation and the By-Laws are the following: Gregory Roughgarden-President Matthew Koratich-Vice President David Negip••Secretary/Treasurer ARTICLE VIII.INITIAL BOARD OF DIRECTORS The number of persons constituting the Board of Directors of the Association shall be three(3) and the names and addresses of the members of such current Board of Directors,who shall hold office until their respective successors are elected pursuant to the provisions of these Articles of Incorporation and the By-Laws,are the following: Gregory Roughgarden 10481 Six Mile Cypress Parkway Ft.Myers Florida 33966 Matthew Koratich 10481 Six Mile Cypress Parkway Ft.Myers Florida 33966 128155526.5 3 I.123000208528 3 128155526.10 5 1 6 A 2 H23000208528 3 • David Me-gip 10481 Six Mile Cypress Parkway Ft.Myers Florida 33966 ARTICIX IX.BY-LAWS The By-Laws of the Association have been adopted by the Board of Directors, as constituted under Article VIII above, at an organizational meeting of the Board. Thereafter, the By-Laws may be altered,amended,or rescinded only in the manner provided in the By-Laws. ARTICLE X.AMENDMENTS Prior to Transfer of Control,amendments to these Articles of Incorporation shall be approved and adopted by(1)Declarant or(2)the Board of Directors,without any requirement or necessity for a vote of the Association membership or for consent by any party,except as may be otherwise specifically required herein or by applicable law. Subsequent to Transfer of Control,amendments to these Articles of Incorporation shall be made • in the following manner: (a) The Board of Directors shall adopt a resolution setting forth a proposed amendment and, if Members have been admitted,directing that k be submitted to a vote at a meeting of Members,which • may be either the annual or a special meeting. If no Members have been admitted,the amendment shall be adopted by a vote of the majority of directors and the provisions for adoption by Members shall not apply. ('o) Written notice setting forth the proposed amendment or a summary of the changes to be affected thereby shall be given to each Member of Record(as defined in the By-Laws)entitled to vote thereon within the time and in the manner provided by Florida Statutes for the giving of notice of meetings of Members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. (c) At such meeting, a vote of the Members entitled to vote thereon shall be taken on the proposed amendment.The proposed amendment shall be adopted upon receiving the affirmative vote of (1)a majority of the total eligible votes of the Class A Members and(2)the Class B Member. • Any number of amendments may be submitted to the Members and voted upon by them at one meeting. Notwithstanding the foregoing,(a)no amendment to the By-Laws shall be valid which affects any of the rights and privileges provided to Declarant without the written consent of Declarant as long as • Declarant shall own any Lots or Parcels in the Community, and (b)no amendment which will affect any aspect of the Surface Water Drainage and Management System located on the Property shall be effective without the prior written approval of the WMD. ARTICLE XI.REGISTERED OFFICE AND AGENT Pursuant to Section 48.091 and Section 607.0501,Florida Statutes,the name and address of the Initial Registered Agent for service of process upon the Association is: OF Registered Agent,Inc. 100 S.Ashley Drive,Suite 400 Tampa,Florida 33602 The preceding address is also the address of the registered office of the Association. 128155626.5 1423000208528 3 128155526.10 6 16A2 _ .11230000203523-3 Dated this 'f=--day of June,2023. !Robert S.Freedman,Incorporator STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrum nt was acknowledged before me, by means of physical presence or El online notarization this 1 day of June,2023, by Robert S. Freedman, being known to me to be the person who executed the foregoing Articles of Incorporation,and who acknowledged to me that he executed the same as his free act and deed for the uses and purposes therein set forth. He is personally known to me. (/) 117 My Commission Expires: c- (Signaturo� (AFFIX NOTARY SEAL) Name (Legibly Printed) • : ""<": !L!l53Ri7t1LA•ZWyq�hy NotaryPfublic,StateofFlorida 153liy Public•Sma cf irlar}.a 7 r`F.CSF4 C ammiasioa If?W107Jwia 9 d • Oruro.Ful,iraagoy 7,202S . (.Commission Number,if any) Seatia4 enrwyis Is hmal IPotaey ACCEPTANCE OF DESIGNATIONS AS REGISTERED AGENT The undersigned, having been named as registered agent and to accept service of process for Rivergrass Master Property Owners Association, Inc., hereby accepts the appointment as registered agent and agrees to act in such capacity. The undersigned further agrees to comply with the provisions • of all statutes relating to.the proper and complete performance of his duties and is familiar with and accepts the obligations of his position as registered agent. OF Registered Agent,Inc. r /Jf/ By:R i't S.Free man 728'15552G.5 5 I.123000203522 3 128155526.10 7 16A ? Exhibit D By-Laws 128155526.10 16A2 BY-LAWS OF RIVERGRASS RASTER PROPERTY OWNERS ASSOCIATION, INC. (A Corporation Not for Profit) These are the By-Laws of Rivergrass Master Property Owners Association, Inc., hereinafter the "Association", a corporation not-for-profit organized under the laws of Florida for the purpose of operating Rivergrass (the"Community") pursuant to Chapters 617 and Chapter 720, Florida Statutes. ARTICLE I: Mama and Location The name of the corporation is Rivergrass Master Property Owners Association, Inc. (hereinafter referred to as the "Association"), and the office for the transaction of its affairs is 10481 Six Mile Cypress Parkway, Ft. Myers, Florida 33966. Meetings of Members and directors may be held at such places within the State of Florida as may be designated by the Board of Directors(hereinafter referred to as the"Board"). ARTICLE II: Definitions Unless the context expressly requires otherwise, the terms used herein shall have the meanings set forth in the Declaration of Covenants and Restrictions for Rivergrass("Declaration"). ARTICLE III: Meeting of Members Section 1. Annual Meetings. All annual and special meetings of the Association shall be held in Collier County, Florida, or at such other place as may be permitted by law and from time to time as fixed by the Board and designated in the notices of meetings. Section 2. Notice of Annual Meetings. Annual meetings of the Members of the Association shall be held each fiscal year on a date and time as determined by the Board from time to time. Notice of the meeting, which shall include an agenda, shall be mailed, delivered, or sent by electronic transmission to each Member listed in the membership book of the Association at the street, post office, or electronic mail address(as applicable)shown therein("Member of Record")not less than '14 days prior to the meeting. Evidence of compliance with this 14-day notice requirement shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the Association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the Association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the Association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. Section 3. Special Meetings. Special meetings of the Members, for any purpose or purposes, whether or not specifically required by these By-Laws, the Articles of Incorporation, or the Declaration may be called by the president, secretary, a majority of the Board, or by the Members having 1/10 of the votes of the Class A membership. Section 4. Notice of Special Meetings. No business shall be transacted at any special meeting except as stated in the notice thereof. Notice of all special meetings shall be given by the secretary to Members of Record, or if the secretary shall fail to do so, by the president or Board, not less than 14 nor more than 60 days prior to the date'thereof,stating the date,time,and place of the meeting and the purpose or purposes thereof. Notices deposited in the United States mail, postage prepaid within the prescribed time or, in lieu of mailing, delivered by hand to the Members shall suffice. The Secretary shall obtain and retain a written receipt of delivery of the post office certificate of mailing as proof that the notice was delivered or mailed. 128155526.10 1 16A2 Section 5. Quorum. Members present in person or represented by proxy, entitled to cast at least 1/3 of the votes of the membership of the Association, shall constitute a quorum. Section 6. Action Taken at Meeting. When a quorum is present at any meeting, a majority of the votes duly cast by the Members present at'the meeting or represented by written proxy shall decide any question brought before the meeting, unless the question is one upon which by express provision of law, the Declaration, the Articles of Incorporation or these By-Laws, a different vote is required, in which case the express provision shall govern and control. If any meeting of Members cannot be organized because a quorum is not present, the meeting may be adjourned by a majority of the Members present in person, until a quorum is present Section 7. Order of;Business. The order of business at all meetings shall be as prescribed in the agenda prepared by the Board and submitted to the Members of Record with the notice of each meeting. Section 8. Action Without Meeting. Any action which may be taken by the membership pursuant to a duly called meeting, may be taken without a meeting provided'that: a proposal of action to be taken by the Members is mailed to every Member of the Association together with a. request for approval or disapproval; and, the Members responding to the proposal ("Resbondin. Members") hold at least 1/3 of the votes of all Members of the Association. A proposed action may be approved by a majority of the votes attributable to the Responding Members unless the proposed action is one which by express provision of law, the Declaration, the Articles of Incorporation or t these By-Laws requires a different vote, in which case the express provision as it pertains to voting percentages shall govern and control. Section 9. Votin a. (a) The Association has two classes of voting membership: Class A and Class B. (b) So long as there is Class B membership, Class A Members are all Owners except Declarant. The Class B Member shall be Declarant. Upon termination of Class B membership,as provided by the Declaration, Class A Members are all Owners, including Declarant so long as such Declarant is an Owner. (c) Class A Members shall be entitled to 1 vote per Lot owned, and there shall be only 1 vote per Lot. When Declarant becomes a Class A Member, Declarant shall have 1 vote for each Lot or Parcel still owned or to be constructed by Declarant within the Community. (d) The vote of a Lot or Parcel may not be divided. (e) The Class B Member shall be entitled to 9 votes for each Lot or Parcel owned by the Class B Member. (f) If more than one person owns an interest in any Lot or Parcel, all such persons are Members, but there may be only one vote cast with respect to such Lot or Parcel. Such vote may be exercised as the co-Owners determine among themselves, but no split vote is permitted. Prior 'to any meeting at which a vote is to be taken, each co-Owner must file the name of the voting co-Owner with the secretary of the Association to be entitled to vote at such meeting, unless such co owners have filed a general voting authority with the Secretary applicable to all votes until rescinded. Notwithstanding the foregoing, if title to any Lot or Parcel is held in a tenancy by the entireties, either tenant is entitled to cast the vote for such Lot or Parcel unless and until the Association is notified otherwise in writing. (g) Electronic Voting. Electronic voting may occur in and for the Association under the terms and provisions of the following: 128155526.10 2 1 iA 2 1. In order for electronic voting to occur on any Association matter,the Board must first pass a resolution authorizing same, which resolution must: a. provide that Members receive notice of the opportunity to vote through an online voting system; b. establish reasonable procedures and deadlines for Members to consent, in writing, to online voting; and c. establish reasonable procedures and deadlines for Members to opt out of online voting after giving consent. 2. Once such a resolution has been passed,elections and other membership votes may be conducted through an internet-based online voting system if a Member consents, in writing, to online voting and if t the following requirements are met: a. The Association shall provide each Member with a method or means: (1) to authenticate the Member's identity to or within the online voting system; (2) to confirm, at least 14 days prior t to the date of the vote or the voting deadline, that the Member's electronic device can successfully communicate with the online voting system; and (3) that is consistent with the election and voting procedures in these By-Laws and the other Governing Documents; and b. The Association utilizes an online voting system that is able to: (1) authenticate the Member's identity; (2) authenticate the validity of each electronic vote to ensure that the vote is not altered in transit; (3) transmit a receipt from the online voting system to each Member who casts an electronic vote; (4) permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific Member(this provision only applies if these By-Laws provide for secret ballots for the election of directors); and (5) store and keep electronic ballots accessible to election officials for recount, inspection, and review. 3. A Member voting electronically pursuant to or as a result of this subsection (g) shall be counted as being in attendance at the meeting for purposes of determining a quorum. 4. A Member's consent to online voting is and shall remain valid until the Member opts out of online voting pursuant to the procedures established by the Board. 5. This subsection (g) shall apply to any matter that requires a vote of the Members. 128155526.10 3 16A2 Section 10. Presiding Officers. At each meeting of the Members, the president, or in his absence the vice president, shall preside and the secretary, or in his absence the assistant secretary, shall be the secretary for the meeting. Section 11. f oht to Speak. Members and Owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the Association's governing documents or any rules adopted by the Board or by the membership, a Member or an Owner have the right to speak for at least 3 minutes on any item, provided that the Member or Owner submits a written request to speak prior to the meeting (such request shall be delivered to the Association's record office and verified by the Association secretary prior to commencement en't of the meeting). The Association may adopt written reasonable rules governing the frequency, duration, and other manner of Member and Owner statements, which rules must be consistent with the provisions of this Section. ARTICLE IV: Directors Section 1. f2oarrd of Directors. Until Transfer of Control of the Association from Declarant to the non-Declarant owners, the affairs of the Association shall be managed by a Board of 3 directors. A director must be a. Member, except that the directors elected or appointed by the Class B Members need not be Members and may bete officers and/or employees of Declarant. Subsequent to Transfer of Control, the Board shall be comprised of 5 directors. For purposes of clarity, and notwithstanding any provision herein to the contrary, the term of office of any non-Declarant members of the Board shall terminate at the election of directors upon Transfer of Control, so that 5 directors shall be elected in accordance with the terms and provisions of Article IV, Section 3(b) hereof. There shall be at all times a minimum of 3 directors. Section 2. Election of Directors. (a) Election of directors shall be held at the annual Members' meeting. (b) Upon Transfer of Control, not less t than sixty(60)days before a scheduled election, the Association shall mail or deliver, whether by separate Association mailing or included in another Association mailing or delivery, including regularly published newsletters and including electronic transmission for those Members who have so consented, to each Member entitled to vote, a First Notice of Meeting,which shall include, among other items and information,the date,time and location of the meeting (whether annual or special). Any eligible person who nominates himself or herself to be a candidate for election may do so no later than forty(40)days prior t to the election meeting and may also submit a resume by such deadline on one side of an 8'/"x 11"sheet of paper. As Members have been given the opportunity, to nominate in advance and prior to the meeting where the election will take place, nominations from the floor will not be accepted. (c) Not less than fourteen(14)days prior to t the election meeting,the Association shall send a Second Notice of Meeting to all Members, along with en election ballot for t the election of directors, any timely submitted candidates' resumes, a proxy, and any other documents in the Board's discretion. The election ballot shall contain the names of all candidates who nominated themselves in a'timely manner, listed alphabetically by surname. (d) If a Member checks off the names of and votes for more candidates than the number of directors to be elected, the election ballot shall not be counted for the applicable election (for purposes of clarity, an election for which the Member has properly voted shall not be invalidated as a result of such Member improperly voting in another election). Elections shall be determined by a plurality of the votes cast for the applicable director seat(s). A quorum of the Members need not cast a vote for a valid election to occur, so long as at least ten percent(10%)of the eligible voting interests in the Association cast a ballot. The Board may require all election ballots to be received by the Association at some point prior to the election meeting so that votes can be tallied prior to the election meeting and the results announced at the election meeting. 128155526.10 4 16A2 (e) The candidates who are elected shall take office upon the adjournment of the • election meeting. ('f) No election shall be necessary if the number of candidates is less than or equal to the number of vacancies. (g) In addition to the foregoing,to the extent that the Association wishes to provide for and allow Members to vote electronically, Members who have consented to vote electronically shall be permitted to do so as otherwise provided for by Section 720.317 of the Act. (h) Except as to vacancies provided by removal of directors by Members,all vacancies in 'the Board occurring between annual meetings of Members, including vacancies created by increasing the size of the Board, shall be filled by the vote of a majority of the remaining directors. (i) Any directors elected by Class A Members may be removed in accordance with the provisions of the Act. If a vacancy occurs on the Board as a result of the removal of less than a majority of the directors, the vacancy shall be filled by the affirmative vote of a majority of the remaining directors. If vacancies occur on the Board as a result of the removal of a majority or more of the directors, the vacancies shall be filled in accordance with the provisions of the Act. 0) Notwithstanding the foregoing, the Class B Members shall have the right to elect all Directors as long as there shall be Class B membership, except that Class A Members shall be entitled to elect at least one member of the Board of Directors (but not a majority of the directors until Transfer of Control has occurred) if 50% of the Lots and Parcels in all phases of the Community which will ultimately be operated by the Association have been conveyed to the Class A Members. (k) Any disputes involving the election of directors shall be resolved through the applicable provisions of the Act. (I) To'the extent that there is a conflict between the provisions of this Section 2 and any other provisions of these By-Laws with respect to the process for a meeting at which an election of Directors is to occur, the provisions of this Section 2 shall control. Section 3. Composition of the Board of Directors; Term of Office: Eligibility. (a) In accordance with the Articles of Incorporation, the Board appointed and named in said Articles of Incorporation (and their successors appointed by Declarant) shall serve at least until Class A Members are entitled to elect one or more of the directors. (b) At the election of directors that occurs in conjunction with Transfer of Control, the three (3) individuals receiving the highest number of votes shall each be elected for a two (2)year term of office, and the individuals receiving the fourth and fifth highest number of votes shall each be elected for a one (1) year term of office. Thereafter, at all elections, each director shall each be elected for a two (2) year term of office. All officers of a corporation or other entity owning a Lot or Parcel shall be deemed to be Members of the Association so as to qualify each to become a director hereof. (c) A Member who is delinquent in the payment of any fee, fine, or other monetary obligation to the Association for more than ninety(90)days is not eligible'to be a director. (d) A Member who has been convicted of any felony in Florida or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida, is not eligible to be a director, unless such Members'civil rights have been restored for at least 5 years as of the date on which such Member seeks election to the board. 128155526.10 5 16A2 (e) The validity of any action by the Board is not affected if it is later determined that a member of the Board is ineligible'to be a director. Section 4. Notice of Board Meetings to Members. Notices of all Board meetings must be posted in a conspicuous place in the Community at least 48 hours in advance of a meeting, except in an emergency. In t the alternative, notice of the Board meeting,which shall include an agenda,shall be mailed, delivered, or sent by electronic transmission to each Member of Record listed in the membership book of the Association at the street, post office, or electronic mail address (as applicable) shown therein not less than 7 days prior to the meeting, except in an emergency. Evidence of compliance with this 7-day notice requirement shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the Association. A Member must consent in writing to receiving notice via electronic transmission. Section 5. Right of Members to Srpeck at Board Meetings. Notwithstanding any provision to the contrary in the Association's governing documents or any rules adopted by the Board or by the membership, an Owner has the right to attend all Board meetings and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The Association may adopt written reasonable rules governing the frequency, duration, and other manner of Owner statements, which rules must be consistent with the provisions of the Act, and may include a sign-up sheet for Members wishing to speak. Notwithstanding any other law, the requirement that Board meetings and committee meetings be open to the Members is inapplicable to meetings between the Board or a committee and the Association's attorney(a)held for the purpose of discussing personnel matters, or(b)as otherwise specifically prescribed under the Act. Section 6. Annual Meetings. The annual meeting of the Board may be held at such time and place as shall be determined by the directors, except that such annual directors' meeting shall be held as soon as practicable following the annual Members' meeting. If held at any time other than immediately following the annual Members' meeting, there shall be 3 clays' notice given by the President personally or by mail, telephone or telegraph, which notice shall state the time and place of the meeting. Section 7. Meeting to Determine Assessments. An Assessment may not be levied at a Board meeting unless a written notice of the meeting is provided to all Members of Record at least 14 days before the meeting, which notice shall include a statement that Assessments will be considered at the meeting and the nature of the Assessments. Written notice of any meeting at which Special Assessments will be considered must be mailed, delivered, or electronically transmitted to the Owners and posted conspicuously on the Common Property or broadcast on closed-circuit cable television not less than 14 days before the meeting. Section 8. Meeting to Determine Rules and Regulations. Written notice of any meeting at which rules that regulate the use of Lots and Parcels in the Community may be adopted, amended, or revoked must be mailed, delivered, or electronically transmitted to the Owners, and posted conspicuously on the Common Property or broadcast on closed-circuit cable television, not less than 14 days before the meeting. A written notice concerning changes to the rules that regulate the use of Lots and Parcels in the Association must include a statement that changes to the rules regarding the use of Lots and Parcels will be considered at the meeting. Section 9. Special Meetings. Special meetings of the directors may be called by the president and must be called by the secretary at the written request of 2/3 of the directors. Not less than 3 days' notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting. Section 10. Waiver•of Notice. Any director may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice.Attendance at a meeting shall constitute a waiver of notice. 128155526.10 6 16A2 Section 11. Quorum and Votirng. A quorum at directors' meetings shall consist of a majority of the entire Board. The acts approved by a majority of directors shall constitute the acts of the Board except when approval by a greater number of directors is required by the Declaration, the Articles of Incorporation, these By-Laws, or the laws of the State of Florida. Section 12. Adiourned Meetings. If at any meeting of the Board there shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting any business that might have been transacted at the meeting as originally called may be transacted without further notice. Section 13. Joinder in Meeting by Approval of Minutes. The joinder of a director in the action of a meeting by signing and concurring in the minutes of that meeting shall constitute the presence of such director for the purpose of determining a quorum. Section 14. Petition by Members to Board to Address an item of Business. If twenty(20) percent of the total voting interests in the Association petition the Board to address an item of business,the Board shall, at its next regular Board meeting or at a special meeting, but not later than 60 days after the receipt of the petition, consider the petitioned item. Written notice of the meeting shall be provided to all Members of Record at least 14 days before the meeting. Such notice shall include an agenda of items to be considered. Other than addressing the petitioned item at the meeting,the Board is not obligated to take any other action requested by the petition. Section 15. Presiding Officer and Secretary for Meetings. The presiding officer of the directors' meetings shall be the chairman of the Board if such an officer has been elected; and if none, the president shall preside. In the absence of the presiding officer, the directors present shall designate one of their number to preside. The secretary of the Association shall be the secretary for meetings of the directors, unless absent, in which case the directors shall designate one of their members to act as secretary for the meeting. Section 16. Compensation. No director shall receive compensation for any service he may render to the Association as director. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties, and this provision shall not preclude a person who is also a director to receive compensation in exchange for other services rendered to or on behalf of the Association in a capacity other than director. Section 17. Committees. The Board may from time to time appoint such committees and delegate such duties and powers thereto as it may deem advisable. Section 18. Attendance by Telephone. Any member or members of the Board shall be deemed present and voting at a meeting of such Board if said member or members participate in the meeting by means of a conference telephone or similar communications equipment or device enabling all persons participating in the meeting to hear each other. Section 19. Action Without Meeting. Any action required or permitted to be taken at any meeting may be taken without a meeting if written consent to the action signed by all the members of the Board is filed with the minutes of the proceedings of the Board. Section 20. Powers. The Board shall have the powers set forth in the Declaration and the Florida Not-For-Profit Corporation Act, including, but not limited to, the power to: (a) adopt and promulgate rules and regulations governing the Community or contemplated by the Declaration,and to establish penalties for the infraction thereof(a rule shall be deemed promulgated when a copy thereof is furnished to each Member in person or mailed to each such Member at the address on the records of the Association); 128155526.10 7 16A2 (b) suspend the voting and rights of a Member as described in the Declaration or as otherwise provided in the Act; (c) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration, including the establishment of the Assessments provided for in the Declaration; and (d) employ a manager, or such other independent contractors or employees as they deem necessary, and to prescribe their duties. Section 21. Mee.Miee. it shall be the duty of the Board to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present an oral or written statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by 1/10'h of the Class A Members who are entitled to vote; (b) supervise all officers, agents and employees of the Association, and to see that their duties are properly performed; (c) as more fully provided in the Declaration, to: 1. fix the amount of the Assessments to be levied against the Owners; 2. exercise the duties of the Board as set forth in the Declaration and enforce the restrictions and covenants contained therein; and 3. take appropriate and timely action against Members whose Assessments are in default; (d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any Assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an Assessment has been paid, such certificate shall be conclusive evidence of such payment; (a) cause all officers or employees having fiscal responsibilities to be bonded, if such bonding may be deemed appropriate; and (0 perform such other acts as may be required of a board of directors under the Florida Not-For-Profit Corporation Act. Section 22. Certification by Directors. Each director shall be required to provide the certification required under Section 720.3033 of the Act. ARTICLE V: Officers Section 1. First Officers. In accordance with the Articles of Incorporation, the first officers of the Association named and appointed in such Articles of Incorporation shall serve until their qualified successors are elected by the Board. Section 2. Executive Officers. The executive officers of the Association shall be a president, who shall be a director, a vice president, who shall be a director, a treasurer-secretary and other officers as shall be elected by the Board. Except as provided in Section 1 of this Article, such officers shall be 128155526.10 8 1 6 A 2 elected annually by the Board. Officers need not be Owners, and the officers and employees of Declarant may be officers of the Association. The Board from time to time may elect such assistant or other officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. Each officer shall serve until a qualified successor is elected by the Board. The Board, by a 2/3 affirmative vote, from time to time may remove an officer with or without cause and fill such vacancy so created. Section 3. President. The president shall be the chief executive officer of the Association. He shall have all of the powers and duties that are usually vested in the office of president of a corporation, including, but not limited to, the power to appoint committees from among the Members from time to time, as he in his discretion may determine appropriate, to assist in the conduct of the affairs of the Association. Section 4. Vuce-Prreeidant. The vice-president, in the absence or disability of the president, shall exercise the powers and perform the duties of the president. He also shall assist the president generally and exercise such other powers and perform such other duties as shall be prescribed by the directors. Section 5. Secretary. The secretary shall keep the minutes of all proceedings of the directors and Members. He shall attend to the giving and serving of all notices to the Members and directors and others that are required by law. He shall have custody of the seal of the Association and affix it to any instruments requiring a seal when duly signed. He shall keep the records of the Association including the membership hook, except those of the treasurer unless the secretary is also the treasurer of the Association. The secretary shall perform all other duties incident to the office of secretary of a corporation and as may be required by the Board of Directors or the President. Any assistant secretary elected shall perform the duties of the secretary when the secretary is absent. Section 6. Treasurer. The treasurer shall have custody of all property of the Association including funds, securities and evidences of indebtedness. He shall keep the books of the Association in accordance with good accounting practices, and he shall perform all other duties usually incident to the office of treasurer. Section 7. Compensation. No officer shall receive any compensation by reason of his office; provided, however, that nothing herein shall preclude the Board from employing an officer as an employee of the Association or preclude the contracting with an officer for management services. ART CLE Vl: Fiscal ltlanagemerra't Section 1. Derposii'tories. All funds of the Association shall be deposited in the name of the Corporation in such bank, banks or other financial institutions as the Board may from time to time designate, and shall be drawn out on checks, drafts or other orders signed on behalf of the Association by such person or persons as the Board may from time to time designate. Section 2. Contracts, Etc. Except as otherwise specifically provided by these By-Laws, all contracts, agreements, deeds, bonds, mortgages and other obligations and the instruments shall be signed on behalf of the Association by the president or by such other officer, officers, agent or agents as the Board may from time to time by resolution provide. Section 3. 'udget. The Board shall adopt an Annual Budget for each fiscal year that shall include the estimated funds required to defray the Association expenses and to provide and maintain funds for the appropriate accounts according to good accounting practices. Such Annual Budget shall be adopted prior to, and a copy shall be distributed at, the annual Members' meeting next preceding the fiscal year for which the Annual Budget shall apply. Section 4. Assessments. As more fully provided in the Declaration, each Member is obligated to pay to the Association certain Assessments which are secured by a continuing lien upon the 128155526.10 9 1 6 A 2 property against which the particular Assessment is made. Any Assessments which are not paid when due shall be delinquent. If the Assessment is not paid within 30 days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 15%per annum, or such other rate as may be,from time to time, established by the Board; provided, however, that such rate shall not exceed the maximum rate allowed by the law not constituting usury. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the particular Lot or Parcel, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such Assessment. No Owner may waive or otherwise escape liability for the Assessments provided for herein. Section 5. Generaa° Assessments. The Board shall adopt the General Assessments as provided for in Exhibit E to the Declaration. The General Assessments contained in such Exhibit E shall remain in effect until changed by action of the Board. The adoption of these By-Laws is action of the Board to fix and establish the General Assessments as contained in such Exhibit E. Section 6. °thew'Assessments. (a) As contemplated by the Declaration, Special Assessments may be adopted by the Association to meet expenses which exceed the Annual Budget adopted by the Board of Directors. Such Special Assessments shall be adopted and levied upon approval of a majority of the votes cast by the Members present at a special meeting called for that purpose. Prior to Transfer of Control, Special Assessments may only be levied if a majority of the Owners other than Declarant has approved the Special Assessment by a majority vote at a duly called special meeting of the Association's membership at which a quorum is present. (b) The Association shall impose and levy Specific Assessments and Neighborhood Assessments in accordance with the Declaration and Exhibit E thereto. Section 7. Financial Report. The Treasurer of the Association shall report the financial status of the Association to the Members in accordance with'the financial reporting requirements of the Act. ARTICLE VII: Amendments Prior t to Transfer of Control, amendments to these By-Laws shall be approved and adopted by (1) Declarant or(2)the Board of Directors, without any requirement or necessity for a vote of the Association membership or for consent by any party, except as may be otherwise specifically required herein or by applicable law. Subsequent to Transfer of Control, amendments to these By-Laws shall occur upon the affirmative vote of 2/3 of the Board, and after notice to the Members, by a majority of the total eligible Class A voting interests in the Association, and the unanimous votes of the Class B Member. Notwithstanding the foregoing, (a) no amendment to the By-Laws shall be valid which affects any of the rights and privileges provided to Declarant without the written consent of Declarant as long as Declarant shall own any Lot or Parcel in the Community,and(b)no amendment which will affect any aspect of the Surface Water Drainage and Management System shall be effective without the prior written approval of WMD. Notwithstanding any provision herein to the contrary, for so long as Original Owner owns any Lots or portion of the Property, any amendment to these By-Laws shall require the prior written consent of the Original Owner, and failure to obtain such consent shall automatically render such amendment void and of no effect deemed void and of no force and effect unless subsequently approved by consent signed by the Original Owner. ARTICLE VIII: Miscellaneous Section 1. The fiscal year of the Association shall be the calendar year. 128155526.10 10 1 6 A . Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles of Incorporation shall control. In the case of any conflict between the Declaration and these By- Laws, the Declaration shall control. Section 3. All issues or disputes which are recognized by the Act or by administrative rules promulgated under the Act as being appropriate or required for dispute resolution shall be submitted to such dispute resolution procedures contained in the Act prior to institution of civil litigation. 128155526.10 11 1 6 A 2 _ Exn E Types of Assessments and Basis fay Cateniatioe NOTE: All defined terms contained in this exhibit shall have the meaning set forth in the Declaration to which this exhibit is attached. Types of Assessments. The Association shall have the power to levy the following types of Assessments and in the following manner: 1. General Assessments. The"General Assessments" shall be levied against all portions of the Property subject to the Declaration to raise funds necessary to pay expenses that apply to all of the Owners t thereof in whole or in part. The General Assessment shall be levied based upon the Annual Budget. The General Assessment shall pertain to the general Common Expenses, including, but not limited to, 'the costs associated with maintenance and repair (including reserves for capital improvements and deferred maintenance, if and to the extent determined appropriate by the Board in its sole discretion)of the Common Property (including specifically all Association private roadways, which will be deemed to include all paved surfaces as well as bricks, pavers and other decorative features located at the entrance to the Community, whether or not within the Property, and other roadways maintained by the Association), the Community Entry Features, landscape areas located in the vicinity of the entrance'to the Community (whether or not physically contained within the boundaries of the Community), and general, office, administration and management costs of operation of the Association (such as, but not limited to, accounting and legal'fees, office supplies, telephone services, management services, payment of salaries and benefits, employment and labor costs, worker's compensation insurance, registration and filing fees, and casualty and other insurance costs). In order to collect the general Common Expenses contained in the Annual Budget, General Assessments shall be levied against the Lots and Parcels on a pro rata basis. General Assessments shall be assessed on an annual basis and payable in quarterly installments or in such other manner and time frame as determined by the Board in its sole discretion and from time'to time. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that certain general costs of the Association may not wholly pertain to all portions of the Property but that it would be virtually impossible to calculate the apportioned share among the various Assessment classifications, and as such'these costs shall be borne as part of the General Assessments. All expenses to be covered by'the General Assessments shall be paid by the collective Owners of the Lots and Parcels on an equal basis (i.e., each Lot and Parcel shall be equally assessed, as a General Assessment, a pro rate share of such amounts, which shall be assessed on an annual basis and payable in quarterly installments or in the manner and'time frame determined by the Board in its sole discretion). 2. Neighborhood Assessments. The "Neighborhood Assessments" shall be levied against the Lots in a Neighborhood subject to the Declaration'to raise funds necessary to pay expenses that apply equally to all of the Owners of the Lots and Parcels contained within such Neighborhood. By way of example, and without limitation, such expenses would include the costs associated with maintenance and repair (including reserves for capital improvements and deferred maintenance, if and to the extent determined appropriate by the Board in its sole discretion)of one or more portions of the Common Property that specifically pertain'to such Lots or Parcels. Such areas may include,but shall not necessarily be limited to, (a) signage and other beautification features designating or otherwise specifically benefiting a Neighborhood, (b) landscaping installations beyond base landscaping, and (c) the Boundary Walls; provided, however, 'that in any and all circumstances,the Board shall have all right, power and authority'to determine what areas are in fact particular to a Neighborhood and for which a Neighborhood Assessment should be levied. All Neighborhood Assessments shall be assessed on an annual basis and payable in quarterly installments or in such other manner and time frame as determined by the Board in its sole discretion and from time to time. Each Owner, by virtue of taking title to a Lot or Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that there may be specific costs of the Association that should be allocated to a Neighborhood, that such costs should be borne as part of the 128155526.10 16A2 Neighborhood Assessments, and that the Board has all right, power and authority, from time to time, to determine which Lots or Parcels constitute a Neighborhood for purpose of levying Neighborhood Assessments. 3. S ecial Assessments. In addition to the General Assessments and the Neighborhood Assessments, the Association may levy against each Owner, in accordance with the allocation procedures set forth in this Exhibit and the Declaration, in any fiscal year a special assessment("Special Assessment") applicable to that year for capital improvements, extraordinary maintenance, repairs, or for the purpose of defraying, in whole or in part, known expenses which exceeded, or when mature will exceed,the costs and expenses pertaining to the particular Annual Budget items for which the General Assessments or the Neighborhood Assessments were levied. Prior to Transfer of Control, Special Assessments may only be levied if a majority of the Owners other than Declarant has approved the Special Assessment by a majority vote at a duly called special meeting of the Association's membership at which a quorum is present. 4. Specific Assessments. All accrued liquidated indebtedness of any Owner arising under any provision of the Declaration may be levied by the Association as a specific assessment ("Specific Assessment") against such Owner after such Owner fails to pay such indebtedness when due and such default continues for 30 days after written notice; provided, however, that no Specific Assessment shall be levied in connection with a fine of less than $1,000 levied by the Association pursuant to the Act. By way of example, a Specific Assessment may be levied against an Owner where the Association has performed maintenance as a result of failure of an Owner to do so. In addition, a Specific Assessment shall also be levied for charges directly attributable to a particular Owner. 5. Fenced Lot Landscaping Assessments. "Fenced Lot Landscaping Assessments" may be levied against each Fenced Lot, if so determined by the Board in its sole and reasonable discretion from time to time, on an annual, quarterly or monthly basis (as the Board may determine) to pay additional expenses incurred by the Association in connection with the Association's performance of its grass and landscaping responsibilities under Section 3.2 of the Declaration within the applicable Fenced Lot. For purposes of clarity, the Association shall have no obligation to levy Fenced Lot Landscaping Assessments against Fenced Lots, even if there are certain costs and expenses which could be determined to be solely pertaining to Fenced Lots. 128155526.10 2 16A2 Exhibit F Approved Concept oo=Slone under Secaion 6.25.2 7..- FOR SALE "------.....„..N ion REALTY 'CO ,, \\N-,...., PH 123-4567 ....---------"--"// 10" x 18" Wood or Metal sign (Dark Green Background w/White Letters and Border) mounted to metal step stake 128155526.10 16 Exhibit G Rural Lands West Lasted Species Management and Hu noarro Wildlife Coexistence Plan 128155526.'10 1 `A2 RURAL LANDS WEST LISTED SPECIES MANAGEMENT AND HUMAN-WILDLIFE COEXISTENCE PLAN April 2024 Prepared For: Collier Enterprises 999 Vanderbilt Beach Road,Suite 507 Naples,Florida 34108 (239)261-4455 Prepared By: Passarella&Associates,hoc. 13620 Metropolis Avenue,Suite 200 Fort Myers,Florida 33912 (239)274-0067 Project No.05CEM1481 128155526.10 1 6 A 2 TABLE OF CONTENTS Page 1.0 Introduction 1 2.0 Listed Species 1 3.0 Conservation Areas 3 4.0 Wildlife Crossings 4 5.0 Perimeter Lake Buffer and Fencing 7 6.0 Buffers and Fencing for Internal Conservation Areas 8 7.0 Prescribed Fire 8 8.0 Preserve Signage 9 9.0 American Alligator Management Plan 9 9.1 Biology 9 9.2 Habitat Management 9 10.0 Eastern Indigo Snake Management Plan 10 10.1 Biology 10 10.2 Habitat Management 10 11.0 Bald Eagle Management Plan 11 11.1 Biology 11 11.2 Bald Eagle Nest Management 11 12.0 Crested Caracara Management Plan 12 12.1 Biology 12 12.2 Pre-Construction Surveys 12 12.3 Crested Caracara Nest and Habitat Management 12 13.0 Wood Stork and Wading Bird Management Plan 13 13.1 Habitat Management 13 128155526.10 16A2 Table of Contents (Continued) Page 14.0 Florida Bonneted Bat and Tri-Colored Bat Management Plan 14 14.1 Biology 14 14.1.1 Florida Bonneted Bat 14 14.1.2 Tri-Colored Bat 14 14.2 Pre-Construction Surveys 15 14.3 Habitat Management 15 15.0 Big Cypress Fox Squirrel Management Plan 15 15.1 Biology 15 15.2 Pre-Construction Surveys 16 15.3 Habitat Management 16 16.0 Florida Black Bear Management Plan 16 16.1 Biology 16 16.2 Habitat Management 17 17.0 Florida Panther Management Plan 17 17.1 Biology 18 17.2 Habitat Management 18 18.0 Human-Wildlife Coexistence Plan 19 18.1 American Alligator Human-Wildlife Coexistence Plan 19 18.2 Eastern Indigo Snake Human-Wildlife Coexistence Plan 19 18.3 Bald Eagle Human-Wildlife Coexistence Plan 19 18.4 Crested Caracara Human-Wildlife Coexistence Plan 20 18.5 Wading Bird Human-Wildlife Coexistence Plan 20 18.6 Florida Bonneted Bat and Tri-Colored Bat Human-Wildlife Coexistence Plan 20 18.7 Big Cypress Fox Squirrel Human-Wildlife Coexistence Plan 20 18.8 Florida Black Bear Human-Wildlife Coexistence Plan 20 18.9 Florida Panther Human-Wildlife Coexistence Plan 21 19.0 References 21 ii 128155526.10 1 6 A 2 LIST OF TABLES Page Table 1. Summary of Listed Wildlife Species 3 Table 2. Wildlife Crossings Summary 5 Table 3A. Forested Supplemental Planting List for Wildlife Crossings 5 Table 3B. Marsh Supplemental Planting List for Wildlife Crossings 6 128155526.10 I 6 A 2 LIST OF APPENDICES Page Appendix A. Project Location Map A-1 Appendix B. Aerial with Proposed Wildlife Crossings,Lake Buffers,and Fencing B-1 Appendix C. Wildlife Crossing Detail C-1 Appendix D. Lake Buffer and Structural Buffer Typical Sections D-1 Appendix E. Prescribed Burning Information E-1 Appendix F. American Alligator Management and Preserve Signage F-1 Appendix G. FWCC List of Bear-Resistant Garbage Containers G-1 Appendix H. American Alligator Informational Pamphlet H-1 Appendix I. Eastern Indigo Snake Informational Pamphlet I-1 Appendix J. Wading Bird Informational Pamphlet J-1 Appendix K. Florida Black Bear Informational Pamphlet K-1 Appendix L. Florida Panther Informational Pamphlet L-1 iv 128155526.10 16 A 2 .. 1.0 INTRODUCTION This report documents the Listed Species Management and Human-Wildlife Coexistence Plan for Rural Lands West (Project). The management plan contained in this report pertains to the American alligator (Alligator mississippiensis), Eastern indigo snake (Drymarchon courais couperi), bald eagle (Haliaeetus leucocephalus), crested caracara (Caracara cheriway), wood stork(Mycteria americana)and other species of listed wading birds,Florida bonneted bat(Eumops floridanus), tri-colored bat (Perimyotis subflavus), Big Cypress fox squirrel (Sciurus niger avicennia),Florida black bear(Ursus americanus floridanus),and Florida panther(Puma concolor coryi). The Project is located in Sections 1,2,3, 10,11, 12, 13, 14, 15,22,23,24,25,26,27,34,35,and 36;Township 48 South;Range 28 East;Collier County(Appendix A).The Project site is located along the eastern boundary of Golden Gate Estates.Oil Well Road(County Road(CR)858)bisects the Project site and Immokalee Road is located approximately two miles to the north.Camp Keais Strand occupies the eastern portion of the Project area. Shaggy Cypress Swamp is located to the north of Oil Well Road within the Project boundary. 2.0 LISTED SPECIES Listed species surveys were previously conducted for the Big Cypress Stewardship District and the proposed Town of Big Cypress.The Big Cypress Stewardship District encompasses the Rural Lands West site and the previous Town of Big Cypress site is included within the Rural Lands West Environmental Resource Permit(ERP)boundary.The previous listed species surveys for the Big Cypress Stewardship District and the Town of Big Cypress site were conducted by Passarella & Associates, Inc. (PM) in March through July 2007, October 2007, and November 2007. In addition to the listed species surveys,species-specific surveys were conducted for the Town of Big Cypress site between 2007 and 2009. Updated listed species surveys were conducted by PAI in May through July 2014,June through August 2015,and November 2016 for Rural Lands West. In response to comments received as part of the permit review process for the Project, a supplemental listed species survey was conducted in March, April, July, and August 2017. This supplemental survey was conducted within preserve areas and agricultural lands located adjacent to the eastern boundary of the proposed development. In addition to the updated listed species survey,updated species-specific surveys were conducted for the Project between 2014 and 2017. During the updated listed species surveys and other fieldwork conducted on the Project site, a crested caracara nest was documented. The crested caracara nest was located in a cabbage palm (Sabal palmetto)along Oil Well Grade Road approximately 3,920 feet north of the Rural Lands West ERP Project boundary.The crested caracara nest was located on lands within the Big Cypress Stewardship District. Subsequent monitoring of the caracara nest through February 2021 documented no crested caracara or their sign(i.e.,nests,feathers,or droppings).Additionally,the cabbage palm the nest was documented in is dead.Per the U.S.Fish and Wildlife Service(USFWS) Draft April 2004 Species Conservation Guidelines for the crested caracara(USFWS 2004),"a nest 1 128155526.10 1GA2 should not be considered abandoned until it is not used for three consecutive breeding seasons or no other active nests are found within 0.5 kilometer(km)(0.31 miles)of the nest".Since there has been no nest or nesting activity at the former nest location and no active nests have been documented within 0.5 km,the nest meets the USFWS Guidelines for an abandoned nest. An updated crested caracara survey was conducted from January through April 2023 for the Project. During the survey,two caracara nests were documented. One nest was documented in a cabbage palm located on the edge of the existing agriculture operation reservoir,approximately 2 miles south of Oil Well Road and 1.20 miles east of Desoto Boulevard(Nest 1). The other nest was documented in a cabbage palm located in a pasture approximately 1.25 miles north of Oil Well Road(Nest 2). On April 13,2023,Nest 2 was observed to be damaged due to an unknown cause, and no nesting activity was observed at the location on the final survey date of April 25, 2023. During the updated listed species surveys and other fieldwork conducted on the Project site,a bald eagle nest was documented. The bald eagle nest was located in a slash pine(Pinus elliottii)tree along Oil Well Grade Road approximately one-third mile north of Oil Well Road.The bald eagle nest was within the Rural Lands West ERP Project boundary. Subsequent monitoring of the nest documented young bald eagles in the nest through February 2017.Hurricane Irma hit Southwest Florida on September 10,2017,with hurricane force winds of approximately 96 to 110 miles per hour at the location of the nest. The nest was not observed in the tree during fieldwork that was conducted following Hurricane Irma, and subsequent monitoring through February 2021 documented no nest or nesting activity at or near the former nest location.The USFWS May 2007 National Bald Eagle Management Guidelines(USFWS 2007)recommend protecting the nest site where nests are naturally destroyed for up to three complete breeding seasons since"many eagles will rebuild the nest and reoccupy the site."Since there has been no nest or nesting activity for three complete breeding seasons since it was naturally destroyed,the USFWS Guidelines no longer apply.The Florida Fish and Wildlife Conservation Commission(FWCC)Bald Eagle Management Plan(FWCC Plan)(FWCC 2010)defines a lost nest as a nest that is no longer present from natural causes.The FWCC Plan further states that the state permitting framework for eagle nests applies to lost nests through two complete nesting seasons. Since the nest has been lost for greater than two breeding seasons,the FWCC management guidelines no longer apply to this nest. During fieldwork in January 2023,a bald eagle nest was documented approximately 50 feet outside of the Project's western property boundary and approximately 1.5 miles north of Oil Well Road. Table 1 summarizes the listed wildlife species documented during the listed species surveys or other fieldwork conducted on the Project site.Although no longer listed species,the Florida black bear remains subject to the FWCC Management Plan and the bald eagle is subject to the Migratory Bird Treaty Act and the Bald and the Golden Eagle Protection Act. Both species are included in Table 1. 2 128155526.10 1iA2 Table 1. Summary of Listed Wildlife Species Common Name Scientific Name Listing Status ITSFb'4 S FWCC Reptiles American alligator !Alligator mississippiensis FT(S/A) FT(S/A) Birds Bald eagle Haliaeetus leucocephalus * a Crested caracara Caracara cheriway FT FT Florida sandhill crane Grus canadensis pratensis -- ST Little blue heron Egretta caerulea -- ST Roseate spoonbill Platalea aja/a -- ST Tri-colored heron Egretta tricolor -- ST Wood stork Mycteria americana FT FT Mammals Big Cypress fox squirrel Sciurus niger avicennia -- ST Florida black bear Ursus americanus floridanus Florida bonneted bat Eumops floridanus FE FE Florida panther Puma concolor coryi FE FE FWCC—Florida Fish and Wildlife Conservation Commission USFWS—U.S.Fish and Wildlife Service FE—Federally Endangered FT—Federally Threatened FT(S/A)—Federally Threatened due to similarity of appearance ST—State Threatened *Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act **FWCC Management Plan 3.0 CONSERVATION AREAS Rural Lands West has been planned under an innovative rural planning strategy created for 195,000±acres of land located in Eastern Collier County called the Collier County Rural Lands Stewardship Area (RLSA). Under the RLSA Overlay, one obtains Stewardship Credits from Stewardship Sending Areas(SSAs),which are areas designated for protection of natural resources and agriculture and applies those credits to entitle development in Stewardship Receiving Areas (SRAs),where new communities are permitted and natural resource values are low.To entitle the development of the SRA for the Project,four SSAs have been established: SSA 14, 15, 17,and 18. Conservation lands within the Rural Lands West boundary include portions of SSA 15 and the majority of SSA 17.These conservation areas will be maintained and managed in accordance with the U.S Army Corps of Engineers (Corps) Wetland Compensatory Mitigation Plan and this management plan. This listed species management plan pertains only to the conservation areas within the Project boundary. 3 128155526.10 16A2 The conservation areas within the Project boundary total 4,525.89f acres. An aerial showing the locations of the conservation areas is provided as Appendix B. The wetland habitats within the conservation areas consist mostly of cypress, willow, and mixed wetland forest, with pine/cypress/cabbage palm,hydric pine,wetland shrub,wet prairie,and marsh communities.The upland habitats within the conservation areas consist of pine flatwoods,cabbage palm,live oak, and mixed hardwood-conifer habitats. The conservation areas will be managed for listed species based on habitat type and current listed species utilization.Target listed species include the American alligator,Eastern indigo snake,bald eagle,crested caracara,wood stork and other species of listed wading birds,Florida bonneted bat, Big Cypress fox squirrel,Florida black bear,and Florida panther.The conservation areas will be maintained per the Corps'Wetland Compensatory Mitigation Plan. The conservation areas will be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the Corps. The total preserve area to be placed under conservation easement is 4,525.89± acres. As part of the applicant's public outreach program for the Project,several meetings were held with the FWCC and the USFWS to discuss the management and conservation of listed species habitat. The applicant, with input from FWCC and USFWS staff, focused on implementing project design standards to minimize impacts to the native habitats existing on-site and to minimize the potential for large mammal(i.e.,Florida panther and Florida black bear)interactions with humans. To minimize impacts to the native habitats on-site,the Project is located primarily within existing active farm fields used for production of row crops.Direct impacts to the existing native habitats (located within the permitted surface water management reservoirs) were avoided as much as possible. To minimize impacts to potential wildlife habitat, direct and indirect impacts to the natural areas located on Rural Land West's eastern boundary were avoided.The Project site design includes three wildlife corridors that will provide a connection between Shaggy Cypress Swamp, Camp Keais Strand, and proposed preserves for large mammal movement. The design also includes lake buffers and wildlife fencing between the development areas and native habitats associated with Camp Keais Strand and Shaggy Cypress Swamp to deter large mammals from accessing the development areas. Connectivity between the internal preserves will be maintained by the construction of wildlife crossings under proposed roads within Rural Lands West. 4.0 WILDLIFE CROSSINGS The applicant will,at its sole cost and expense,construct or fund the construction of five wildlife crossings(WCs)within the geographic region where this Project and the proposed Bellmar project are located. All wildlife crossings will be designed to accommodate large mammals. WC-1 and WC-2 will be box culverts eight feet high by ten feet which will connect Conservation Area(CA) 3 to Camp Keais Strand to the east(CA-6A). WC-3 will be a box culvert six feet high by 20 feet wide which will be constructed under Oil Well Road and connect CA-3(Shaggy Cypress Swamp) and CA-8.Where road crossings are proposed across the southern wildlife corridor,two wildlife 4 128155526.10 1 6 A 4 crossings (WC-4 and WC-5)will be constructed to maintain connectivity of the preserves. The wildlife crossings for the southern wildlife corridor will be six feet high by ten feet wide box culverts. An aerial depicting the proposed locations of the wildlife crossings is provided as Appendix B. Details of the wildlife crossings are included as Appendix C. Table 2 summarizes the locations, types,sizes,bottom elevations,and target species for each wildlife crossing. Table 2. Wildlife Crossings Sun-unary Wildlife Bottom Crossing Location/Connection Type and Size l Elevation Target Species No. of('utvert (NAVD) Connects Shaggy Cypress Large mammals,small WC-1 Swamp(CA-4A)to CA-4B 8 x 10-foot 19.2 mammals,reptiles,and and CampKi Strand box culvert eas amphibians Connects Shaggy Cypress 8 x 10-foot Large mammals,small WC-2 Swamp(CA-3)to CA-9 18.9 mammals,reptiles,and and CampKi Strand box culvert eas amphibians Connects Shaggy Cypress Large mammals,small WC-3 Swamp(CA-3)to CA-8 6 x ZO-foot box culvert 17.2 mammals,reptiles,and under Oil Well Road amphibians 6 x 10-foot Large mammals,small WC-4 Connects CA-8 to CA-9 box culvert 17.2 mammals,reptiles,and amphibians 6 x 10-foot Large mammals,small WC-5 Connects CA-9 to CA-12/22 17.6 mammals,reptiles,and box culvert amphibians The bottom of the box culverts will be buried in and covered with natural soils that mimic the surrounding substrate. Riprap will be utilized at the entrances to the box culverts to minimize erosion and provide cover for small reptiles and amphibians. Natural shrub and ground cover vegetation will be retained up to the wildlife crossing. Vegetation removed during construction phases will be replanted to provide cover for target wildlife species.Table 3A lists the native plant species which will be used to revegetate forested areas within the wildlife crossings.Table 3B lists the native plant species which will be used in the marsh restoration area in the central wildlife corridor associated with WC-2. Table 3A. Forested Supplemental Planting List for Wildlife Crossings MinimumMinimum Planting Common Name Scientific Name Container Density Height Size (On Center) Tree Plantings(at least three species) Cypress Taxodium spp. 5ft. 3/7gal.* 15 ft. Dahoon holly Ilex cassine 5ft. 3/7gal.* 15 ft. Laurel oak Quercus laurifolia 5ft. 3/7ga1.* 15 ft. 5 128155526.10 16A2 Table 3A. (Continued) MinimumMinimum Planting Common Name Scientific NameMinimum Container Density Height Size (On("enter) Tree Plantings (Continued) Pop ash Fraxinus caroliniana 5ft. 3/7gal.* 15 ft. Red maple Acer rubrum 5ft. 3/7ga1.* 15 ft. Slash pine Pinus elliottii 5ft. 3/7gal.* 15 ft. Shrub Plantings(at least two species) Gallberry Ilex glabra 3 ft. 1 gal. 10 ft. Myrsine Myrsine cubana 3 ft. 1 gal. 10 ft. _ Wax myrtle Morella cerifera 3 ft. f 1 gal. 10 ft. Buttonbush Cephalanthus occidentalis 3 ft. 1 gal. 10 ft. Pond apple Annona glabra 3 ft. 1 gal. 10 ft. Ground Cover Plantings(at least sir species) Arrowhead Sagittar-ia lancifolia 12 in. 2 in. 3 ft. Blue maidencane Amp hicarpum 12 in. 2 in. 3 ft. muehlenbergianum Golden canna Canna flaccida 12 in. 2 in. 3 ft. Gulfdune paspalum Paspalum monostachyum 12 in. 2 in. 3 ft. Maidencane Hymenachne hemitomon 12 in. 2 in. 3 ft. Muhly grass Muhlenbergia capillaris 12 in. 2 in. 3 ft. Pickerelweed Pontederia cordata 12 in. 2 in. 3 ft. Sand cordgrass Spartina bakeri 12 in. 2 in. 3 ft. Sawgrass Cladiurn jamaicense 12 in. 2 in. 3 ft. Soft-stem bulrush Schoenoplectus tabernaemontani 12 in. 2 in. 3 ft. Spikerush Eleocharis interstincta 12 in. 2 in. 3 ft. Swamp lily Crinum americanurn 12 in. 2 in. 3 ft. Wiregrass Aristida stricta 12 in. 2 in. 3 ft. *Planted tree species will be comprised of 25 percent seven-gallon container size and 75 percent three-gallon container size. Table 3B. Marsh Supplemental Planting List for Wildlife Crossings Minimum Minim Wn Planting Common Name Scientific Name Container Density Height Size (On Center) Ground Cover Plantings(at least six species) Arrowhead Sagitaria lancifolia 12 in. 2 in. 3 ft. Blue maidencane Amp hicarpum muehlenbergianum 12 in. 2 in. 3 ft. 6 128155526.10 • 1 6 A 2 Table 3B. (Continued) Minimum Mb drawn Planting Common Name Scientific Name Container Density Height Size (On Center) Ground Cover Plantings (Continued) Golden canna Canna flaccida 12 in. 2 in. 3 ft. Gulfdune paspalum Paspalum monostachyum 12 in. 2 in. 3 ft. Maidencane Hymenachne hemitomon 12 in. 2 in. 3 ft. Muhly grass Muhlenbergia capillaris 12 in. 2 in. 3 ft. Pickerelweed Pontederia cordata 12 in. 2 in. 3 ft. Sand cordgrass Spartina bakeri 12 in. 2 in. 3 ft. Sawgrass Cladium.jamaicense 12 in. 2 in. 3 ft. Soft-stem bulrush Schoenoplectus tabernaemontani 12 in. 2 in. 3 ft. Spikerush Eleocharis interstincta 12 in. 2 in. 3 ft. Swamp lily Crinum americanum 12 in. 2 in. 3 ft. Wiregrass Aristida stricta 12 in. 2 in. 3 ft. For WC-1 and WC-2, wildlife corridors will be established to provide a connection between Shaggy Cypress Swamp and Camp Keais Strand.The land cover within the area of the proposed connection includes an existing farm field.The existing farm field will be restored and planted in accordance with Tables 3A and 3B to establish cover for wildlife that may utilize WC-1 and WC- 2. 5.0 PERIMETER LAKE BUFFER AND FENCING The Project site design includes a perimeter lake buffer between the proposed development areas and the conservation areas associated with Camp Keais Strand and Shaggy Cypress Swamp.The goal of this lake buffer is to limit the potential for large mammal access to development areas and internal preserves.The lake buffer has been designed with an average width of 180 feet during wet season conditions and 150 feet during dry season conditions. Per discussions with USFWS and FWCC staff, the buffer lake design will help to deter large mammals from crossing into the development areas. The locations of the proposed lake buffer are depicted on Appendix B. A typical section of the lake buffer is included in Appendix D. Breaks in the buffer lake have been designed as part of the surface water management plans for the Project in order to eliminate the potential for hydrological impacts to adjacent wetlands.These breaks will consist of earthen berms. At the breaks between the lakes and where construction of this lake buffer is not feasible,wildlife fencing that consists of a ten-foot chain link fence will be used to deter access by large mammals. 7 128155526.10 1 6 A 2 6.0 BUFFERS AND FENCING FOR INTERNAL,CONSERVATION AREAS Where native uplands exist,a minimum 15-foot upland buffer will be provided for the Project's internal conservation areas. A structural buffer(i.e., berm,fence)will be utilized where native uplands do not exist.Typical sections of the various buffers are included as Appendix D. Fencing will be utilized along road crossings through internal conservation areas and where roads are adjacent to conservation areas. The fencing will be placed parallel to the roadways to funnel animals to the wildlife crossings.The type of fence used for these purposes will be a ten-foot chain link fence.A map depicting the locations of proposed fencing is provided as Appendix B.A typical section showing the proposed fencing adjacent to the road crossings is provided as Appendix D. 7.0 PRESCRIBED FIRE Prescribed burning may be used as a management tool to maintain the native vegetation communities within the conservation areas. Prescribed burns help maintain vegetative communities in their natural state, reduce fuel loads and the danger of wildfire, aid with the eradication and control of exotic and nuisance vegetation species, and improve wildlife habitat. The objectives of prescribed burning in the conservation areas will be to aid in the control of exotic vegetation and woody shrubs (i.e., wax myrtle (Morella cerifera) and saltbush (Baccharis halitnifolia)),and to stimulate the growth and diversity of herbaceous vegetation. If prescribed burning is conducted,burning frequency for the conservation areas will be from two to four years,which is consistent with the natural fire regime for mesic flatwoods,wet flatwoods, and wet prairies as described by the Florida Natural Areas Inventory(FNAI)in the Guide to the Natural Communities of Florida(FNAI 2010). The edges of the freshwater marshes and cypress forests will be burned when the fire moves through the adjacent pine and prairie habitats.The fire will be allowed to extinguish naturally within the wetter cypress and marsh habitats. Prescribed burning is typically conducted during the winter or early spring when temperatures are reduced,and wind direction is more constant. An initial burn would likely be conducted during the late winter.Winter burns are preferred to reduce high fuel loads.Following the initial burn,the season of the year of prescribed burn will vary from late winter burns to early wet season burns in order to increase biodiversity within the site. Changes in annual weather cycles determine when burn permits will be available and burns may be conducted only on the day(s)of Florida Forest Service permission. Required permits from the appropriate regulatory authorities will be obtained prior to implementation of prescribed burns. Prior to the prescribed burn, the burn prescription will be forwarded to Corps compliance staff. Appendix E provides further information regarding prescribed burning. 8 128155526.10 16A2 8.0 PRESERVE SIGNAGE Signage shall be placed around preserve areas to identify and protect the preserves during and after construction. Signs identifying the preserve as a"nature preserve area"will be installed along the boundary of the preserve.The signage should include language stating,"No dumping allowed."A typical preserve sign is shown in Appendix F. 9.0 AMERICAN ALLIGATOR MANAGEMENT PLAN The following plan outlines the protection guidelines that will be implemented for the American alligator during and after construction of the Project. 9.1 Biology The American alligator is a reptile with an elongated, armored, lizard-like body with a muscular flat tail. Adult alligators are dark with a pale underside while juveniles have bright yellow stripes and blotches. The average size for adults is 8.2 feet for females and 11.2 feet for males.The body weight can reach up to one-half ton. American alligators inhabit all counties in the state of Florida and are most common in the major river drainage basins and large lakes in the central and southern portions of the state. They also can be found in marshes, swamps, ponds, drainage canals, phosphate mine settling ponds,and ditches. Alligators are tolerant of poor water quality and occasionally inhabit brackish marshes along the coast.A few even venture into salt water(Nifong et al. 2015). Individuals are wide ranging and some males may utilize an area of two square miles or more.Individuals of both sexes are most likely to become more active and extend their ranges during the April to May courtship and breeding season. Prey may include frogs,snakes,birds,and small mammals,although alligators are opportunistic feeders and may prey on what is readily available(Saalfeld et al.2011).Larger individuals often prefer carrion to fresh meat. 9.2 Habitat Management Signs will be posted to instruct on-site workers and residents not to feed or harass the American alligator.The signs will indicate that the offense is punishable by law.A typical sign is shown in Appendix F.Construction personnel and residents will be instructed that in the event there is a problem with a persistent nuisance alligator,they will need to contact the FWCC,as that is the only agency empowered to handle nuisance alligators. American alligator habitat will be provided within the conservation areas for the Project. Following the completion of the mitigation program,the conservation areas will consist of 4,241.6±acres of wetlands and other surface waters that will serve as potential foraging and nesting habitat.Invasive exotic removal will result in wetland preserves that are more suitable as habitat and provide suitable habitat for American alligator prey species. The 9 128155526.10 1 6 A 2 conservation areas will be maintained per the Corps Compensatory Wetland Mitigation Plan. 10.0 EASTERN INDIGO SNAKE MANAGEMENT PLAN While the Eastern indigo snake has not been observed on-site,the following plan outlines the protection guidelines that will be implemented during clearing operations for the Project.The plan provides educational material and guidelines for construction personnel to follow in the event they encounter an Eastern indigo snake. The plan has been prepared following the guidelines established by the USFWS for the protection of the Eastern indigo snake. 10.1 Biology The Eastern indigo is a large,non-poisonous,glossy black snake with smooth iridescent scales.The chin and throat may be rusty or white-blotched.The juvenile snakes are similar to the adults but may be lighter and exhibit a blotched dorsal pattern.Adults can grow to lengths over eight feet.The Eastern indigo might be confused with the black racer(Coluber constrictor),but the black racer exhibits a white or brown throat and is smaller and lighter in build(USFWS 2013a). The Eastern indigo snake inhabits a range of habitat types including pine flatwoods and wet prairies. Individuals are wide ranging and may utilize an area of 250 acres or more. Eastern indigo snakes are known to shelter in gopher tortoise (Gopherus polyphemus) burrows(Hyslop et al. 2012). The Eastern indigo snake is diurnal(active only during the daytime)and will actively search for prey.Prey may include frogs,snakes,birds,and small mammals(Stevenson et al.2010).Very little is known of the reproduction of this species in the wild.Breeding is believed to occur during the winter and early spring months with up to 11 large white eggs being deposited in late spring and early summer(Hyslop et al. 2012). 10.2 Habitat Management The USFWS's Standard Protection Measures for the Eastern Indigo Snake(2013b)will be followed prior to and during construction activities. The Standard Protection Measures include the placement of posters at strategic locations on the construction site and along proposed access roads clearly visible to construction staff.The posters include a description and photograph of the Eastern indigo snake, its protection status, and instructions in the event that one is observed. In addition, informational brochures will be provided to all construction staff. The preserve areas will be maintained per the Corps Compensatory Wetland Mitigation Plan and will provide habitat for the Eastern indigo snake. 10 128155526.10 16A2 11.0 BALD EAGLE MANAGEMENT PLAN The following plan outlines the protection guidelines that will be implemented for the existing bald eagle nest during and after construction of the Project. The bald eagle is no longer listed by the FWCC or the USFWS but is protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. 11.1 Biology The following information on the biology of the bald eagle is excerpted from the South Florida Multi-Species Recovery Plan(USFWS 1999). Bald eagles are considered a water-dependent species typically found near estuaries,large lakes,reservoirs,major rivers,and some seacoast habitats(Robards and King 1966,King et al. 1972,Weekes 1974,Whitfield et al. 1974,Gerrard et al. 1975,Grier 1977,Anthony and Isaacs 1989,Wood et al. 1989). Their distribution is influenced by the availability of suitable nest and perch sites near large,open water bodies,typically with high amounts of water-to-land edge.Bald eagles demonstrate a remarkable ability to tolerate perturbations to their habitat throughout their range. Their adaptability to a variety of habitat conditions makes generalizations about habitat requirements and nesting behavior difficult. Though variable, eagles have basic habitat requirements that must be met in order to successfully reproduce and survive during the winter, or non-nesting season. Florida bald eagle nests are often located in the ecotone between forest and marsh or water,and are constructed in dominant or co-dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum) (McEwan and Hirth 1979). Approximately ten percent of eagle nests are located in dead pine trees,while two to three percent occur in other species such as Australian pine (Casuarina equisetifolia)and live oak(Quercus virginiana).Nest trees in South Florida are smaller and shorter than reported elsewhere;however,comparatively they are the largest trees available(Wood et al. 1989, Hardesty 1991). The small size of nest trees in South Florida relative to other nest sites throughout the eagle's range is due to the naturally smaller stature of Pinus elliottii,P. taeda,P.palustris,and P.clausa in South Florida and the lack of pines in extreme Southern Florida. Nesting activities generally begin in early September in South Florida, with egg-laying occurring as early as late October and peaking in the latter part of December. Incubation may be initiated from as early as October through as late as March, depending upon latitude.Clutches usually consist of one or two eggs,but occasionally three or four are laid. Incubation takes approximately 35 days and fledging occurs within 10 to 12 weeks of hatching.Parental care may extend 4 to 6 weeks after fledging,even though young eagles are fully developed and may not remain at the nest after fledging(USFWS 1989). 11.2 Bald Eagle Nest Management Proposed construction activities within 330 feet and 660 feet of an active bald eagle nest will follow the applicable protection guidelines as described in the FWCC Bald Eagle 11 128155526.10 16A2 Management Plan Handbook (FWCC 2010) and the USFWS National Bald Eagle Management Guidelines(USFWS 2007). 12.0 CRESTED CARACARA MANAGEMENT PLAN The following plan outlines protection guidelines that will be implemented for the crested caracara nest prior to,during,and after construction for the Project. 12.1 Biology The crested caracara is a large,non-migratory raptor that feeds largely on carrion and is often found with flocks of turkey vultures(Cathartes aura)and black vultures(Coragyps atratus). The population of crested caracara found in peninsular Florida is genetically isolated from other populations of crested caracara sub-species found in the Southwestern United States and portions of Central and South America(USFWS 1999).While other sub- species of crested caracara are not listed as threatened or endangered,the crested caracara sub-species found in Florida was listed as threatened in July 1987,under the Endangered Species Act(16 U.S.C. 1531 et seq.). Crested caracaras primarily use open habitats including native prairies, grasslands, and pastures with their associated freshwater marshes and small clumps of cabbage palms,live oak (Quercus spp.) hammocks, and cypress (Taxodiurn spp.). Cabbage palms in open habitats are of high importance for nesting (Rodgers et al. 1996, Morrison 2001). The primary nesting season for the crested caracara is November through April. Egg laying typically occurs December through February. Clutch size is one to three eggs and incubation ranges from 28 to 32 days.Caracara young fledge at age seven to eight weeks, mostly in March and April(Wood 2001). 12.2 Pre-Construction Surveys Prior to commencement of clearing activities within 1,500 meters (4,920 feet) of the identified nest, a survey will be conducted during the crested caracara nesting season (January through April)to determine if the nest is active or if other crested caracara nests are present.The survey will be conducted in potential nesting and foraging habitat within 1,500 meters of the identified caracara nest, including land adjacent to the Project that is under the applicant's ownership.The crested caracara survey will be conducted according to the methodology described in the USFWS Draft Species Conservation Guidelines for South Florida for the Audubon's Crested Caracara(USFWS 2004).The locations of crested caracara nests and the movements and activities of caracaras will be documented, if observed. 12.3 Crested Caracara Nest and Habitat Management Prior to conducting any clearing activities within 1,500 meters (4,920 feet) of any previously documented or newly discovered crested caracara nest site, a survey will be 12 128155526.10 16A2 conducted during the crested caracara nesting season (January 1 through April 30) to determine if the documented or discovered nest is active and if other crested caracara nests are present.The survey area will include potential nesting and foraging habitat within 4,920 feet(1,500 meters)of the identified caracara nest, including potential habitat located in land adjacent to the Project site that is under the applicant's ownership or neighboring areas where access is allowed. To minimize the potential for disturbance to nesting crested caracaras, land-clearing activities will be conducted outside the nesting season for areas that occur within the primary zone(984 feet or 300 meters)of any documented crested caracara nest site.Should it be necessary to conduct land-clearing activities during the nesting season,land clearing within 984 feet(300 meters)of any nest identified during the survey referenced above will not occur until monitoring has determined the nest has either been abandoned or chicks within the nest have fledged and left the nest site.Once the nest is empty,clearing of that primary zone and nest tree can proceed. If construction activities are to occur within 984 feet (300 meters) of an active nest identified in the most recent nesting season,restoration of caracara nesting and foraging habitat on a scale equal to the portion of the breeding territory that is impacted by construction activities will be conducted. Restoration activities will be conducted by restoring native dry or wet prairie with scattered cabbage palms or creating improved pasture and planting scattered cabbage palms.Restoration activities will occur on existing agricultural lands located within the Project site or on agricultural lands adjacent to the Project site that are under the applicant's ownership. The USFWS's Florida Ecological Services Office and the FWCC will be contacted prior to start of the construction activities and shall provide the location and extent of proposed restoration activities.Once restoration activities have been completed,the restored habitat will be maintained in perpetuity and managed in a state that supports use by crested caracara. 13.0 WOOD STORK AND WADING BIRD MANAGEMENT PLAN The following habitat management plan has been prepared for the purpose of addressing the conservation of potential wading bird habitat on the Project. Wood storks and other species of listed wading birds have been observed utilizing the Project site during protected species surveys and other fieldwork. 13.1 Habitat Management Enhancement of the existing wetlands in the conservation areas through the removal of invasive exotic plants and the installation of supplemental plantings will result in habitats that are more suitable for wading bird foraging and roosting.The creation of lakes and lake littoral zones as part of the Project will also provide foraging habitat for wading birds.In addition,96.33acres of wetland restoration and 32.84± acres of wetland creation will convert agricultural and exotic infested habitats to native wetland habitats.This restoration will enhance sheet flow through Camp Keais Strand and restore significant areas of habitat 13 128155526.10 1 6 A 2 for wildlife, including wading birds such as the wood stork. The grading plan for the wetland restoration areas includes the establishment of wading bird foraging habitat by grading to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. 14.0 FLORIDA BONNETED BAT AND TRI-COLORED BAT MANAGEMENT PLAN The following habitat management plan has been prepared for the purpose of addressing the conservation of Florida bonneted bat and tri-colored bat habitat on the Project and outlines the protection guidelines that will be implemented for the Florida bonneted bat and tri-colored bat during and after construction of the Project. 14.1 Biology 14.1.1 Florida Bonneted Bat Habitat for the Florida bonneted bat consists mainly of foraging areas and roosting sites,including some artificial structures in both urban and forested areas(USFWS 2014). They are known to roost in rock crevices,tree cavities,buildings,and bat boxes (Marks and Marks 2008b). South Florida bonneted bats roost primarily in trees and in manmade artificial structures, with roost availability indicated as an important limiting factor(USFWS 2014).Foraging habitat includes areas over open fresh water such as ponds,streams,and wetlands;and they will drink when flying over open water(USFWS 2014).They will also forage over treetops and other open areas such as golf courses (Marks and Marks 2006). During the dry season,the bonneted bat becomes more dependent upon the remaining open water habitats such as ponds,streams,and wetland areas for foraging activities(USFWS 2014). The current range of the Florida bonneted bat is known to include central and south Florida, with lower probability of occurrence in areas where historical mean minimum temperatures drop below 15 degrees Celsius (59 degrees Fahrenheit) (USFWS 2020).Data indicates that the core range may be located within Charlotte, Lee, Collier, Monroe, and Miami-Dade counties; along with portions of Okeechobee,Polk,DeSoto, Hendry, and Broward counties. Possible use of areas within Glades and Highlands counties is also indicated(USFWS 2019).They have historically been found in the Miami area in 1936;Coral Gables,Coconut Grove, and Miami in the 1950s; Punta Gorda in 1979; Fakahatchee Strand in 2000; and North Fort Myers in 2003(Marks and Marks 2006).Natural roost sites have been discovered at Avon Park Air Force Range and Florida Panther National Wildlife Refuge(USFWS 2020). 14.1.2 Tri-Colored Bat The tri-colored bat is distributed throughout the eastern United States as far west as Texas and from southern Canada to Central America.The tri-colored bat typically 14 '128155526.10 1GA2 forages along waterways and forest edges and roosts primarily in deciduous hardwood trees (USFWS 2021). The tri-colored bat will use leaf clusters, moss, lichens, and evergreen trees to roost during the non-hibernating season and then move to more robust shelters(i.e.,caves,mines,etc.)to hibernate.In the southern portions of its ranges where such robust structures may be limited,the tri-colored bat may hibernate in road culverts(USFWS 2021). Recent evidence also suggests that at the southern edge of its range(i.e., South Florida),the tri-colored bat may move north to cooler temperatures to support torpor and reproductive success (Smith et al. 2022). 14.2 Pre-Construction Surveys Prior to commencement of clearing activities, a cavity tree and roost survey will be conducted on the Project site within 30 days prior to the removal of trees, snags, or structures. When possible, structures will be removed outside the breeding season (e.g., January 1 through April 15 for the Florida bonneted bat, May through July for the tri- colored bat). If evidence of use by either Florida bonneted bats or tri-colored bats is observed,the removal efforts will be discontinued, and the USFWS will be contacted on how to proceed. 14.3 Habitat Management The preserve areas will be enhanced and managed per the Corps Compensatory Wetland Mitigation Plan and will provide foraging and roosting habitats for the Florida bonneted bat. 15.0 BIG CYPRESS FOX SQUIRREL MANAGEMENT PLAN The following habitat management plan has been prepared for the purpose of addressing the conservation of Big Cypress fox squirrel habitat on the Project and outlines the protection guidelines that will be implemented for the Big Cypress fox squirrel during and after construction of the Project. 15.1 Biology The Big Cypress fox squirrel lives and breeds in varied habitats in Southwest Florida including cypress swamps, pine flat-woods, tropical hardwood forests, live oak woods, mangrove forests,and suburban habitats including golf courses,city parks,and residential areas in native vegetation (Humphrey 1992). Dense cypress/hardwood swamps are avoided. This may be due to the competition for food and habitat with the gray squirrel (Sciurus carolinensis). Little data is available on the preferred forage habitat of the Big Cypress fox squirrel.Big Cypress fox squirrels prefer to feed on the male and female cones of slash pine. Cabbage palm fruits, bromeliad buds, and acorns are also important food items. A smaller percentage of the diet may consist of seasonal fruits, berries, and seeds (Humphrey 1992). 15 128155526.10 1 6 A Big Cypress fox squirrels often form platform nests in pines, hardwoods, and moss and stick nests in cypress,tops of cabbage palms, and large clumps of bromeliads. Cabbage palms and bromeliads are especially important because they can provide immediate shelter, which allows the squirrel to travel over large areas without requiring a daily return to a permanent nesting facility(Humphrey 1992). Big Cypress fox squirrels are solitary animals. Interaction between animals occurs primarily during mating season.Mating chases occur frequently throughout the months of May through August.During the non-mating season,interactions are infrequent and often occur around food sources. Young remain in the nest for approximately 90 days. Home ranges are 40 hectares or approximately 100 acres for males and 20 hectares or approximately 50 acres for females(Humphrey 1992). 15.2 Pre-Construction Surveys Prior to commencement of clearing activities,a survey will be conducted in forested 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 to determine if the nests are being utilized by Big Cypress fox squirrels. No clearing will be conducted within 125 feet of an active Big Cypress fox squirrel nest tree. After completion of nesting and observations document that juvenile squirrels have left the nest,the nest tree and buffer can then be cleared. 15.3 Habitat Management The preserve areas will be enhanced and managed per the Corps Compensatory Wetland Mitigation Plan and will provide foraging and nesting habitats for Big Cypress fox squirrels. 16.0 FLORIDA BLACK BEAR MANAGEMENT PLAN The following management plan has been prepared for the purpose of addressing the Florida black bear. The Florida black bear is not listed by the FWCC or the USFWS. However,the FWCC has specific management guidelines for this species. 16.1 Biology The Florida black bear is a solitary animal that inhabits heavily wooded terrain. They are most often found in large tracts of swamp forest and undisturbed upland forest. Some of the most important habitat types for the black bear include pine flatwoods, hardwood swamps, cypress swamps, cabbage palm forests, sand pine scrub, and mixed hardwood hammocks. Denning often occurs in remote swamps or thickets with dense vegetation. Adult females breed in alternating years during the months of June and July. In Florida, hibernation may be restricted to females producing cubs. Hibernation most often occurs 16 128155526.10 16A2 during the winter months.The diet of black bears is highly variable and includes both plants and animals including saw palmetto(Serenoa repens),berries,honeybees,ants,armadillo (Dasypus novemcinctus), feral hog (Sus scrofa), and white-tailed deer (Odocoileus virginianus)(Humphrey 1992). 16.2 Habitat Management In order to deter the potential for interactions between humans and large mammals such as the Florida black bear,a lake buffer will be constructed between the conservation areas and development areas. Where a lake buffer is not feasible, fencing will be used between development and conservation areas. See Section 5.0 for details regarding the buffer lake and fencing. Habitats within Shaggy Cypress Swamp and Camp Keais Strand that are part of the Project's conservation areas will be managed for the Florida black bear through the enhancement, restoration, and preservation of uplands and wetlands to provide quality habitat and wildlife corridors for the bear. Enhancement activities will provide higher quality habitat for the Florida black bear than exist in the currently degraded condition.The preservation of Shaggy Cypress Swamp and the portion of Camp Keais Strand located within the Project boundary are part of the larger regional wildlife habitat preservation plan proposed through the establishment of SSAs 14, 15, 17 and 18 under the Collier County RLSA program. The FWCC will be consulted on management initiatives such as bear-resistant dumpsters and garbage receptacles for residential areas.A list of companies obtained from the FWCC that provide bear-resistant garbage containers for residential use is provided as Appendix G. In addition,these management initiatives will include the following.Residential units that have curbside garbage service will be required to place garbage containers curbside no earlier than the morning of the days of garbage pickup, and garbage containers will be returned to their permitted location no later than the evening of the days of garbage pickup. For units with curbside garbage service, all garbage, trash refuse, or rubbish will be required to be placed in appropriate garbage containers or stored inside an enclosed area except for the days when there is curbside garbage pickup service. Areas adjacent to any passive recreation facilities will also have routine garbage pickup service. For residential units without curbside garbage service,all garbage,trash refuse,or rubbish will be placed in bear-resistant dumpsters with the lid closed and secured. 17.0 FLORIDA PANTHER MANAGEMENT PLAN The following management plan has been prepared for Florida panther. 17 128155526.10 16A2 17.1 Biology The Florida panther is a large, long-tailed cat with a great deal of color variation: pale brown or rusty upper parts; dull white or buff-colored under parts; and dark brown or blackish tail tip,backs of ears, and sides of nose. Mature males have an average weight range between 100 to 150 pounds and measure nearly seven feet from nose to tip of tail. Females are considerably smaller with a weight range of 50 to 100 pounds and measuring about six feet(USFWS 1987).Panthers subsist on a variety of mammalian prey dominated by white-tailed deer,feral hog,and in some areas raccoon(Maehr 1988a).Existing data on Florida panther reproduction indicates that breeding occurs throughout the year with a peak in the winter/spring period,a gestation period of around 90 to 95 days,litter sizes of one to four kittens,and a breeding cycle of two years for females successfully raising young to dispersal(which occurs around 18 to 24 months)(Belden 1988,Maehr 1988b). In terms of population size and occupied range,the Florida panther population is at least stable and at best expanding as evidenced by natality rates exceeding mortality rates and by recent dispersals north of the Caloosahatchee River(Land et al. 2000). According to Maehr et al. (1991),home ranges average 200 square miles for resident adult males, 75 square miles for adult females,241 square miles for transient males,and 69 square miles for sub-adult females. Florida panthers inhabit large remote tracts of land with adequate prey and cover and occupy a variety of habitat types including hardwood hammocks,pine flatwoods, mixed hardwood swamps, and cypress swamps. Appropriate cover is an important component of habitats used, especially during hunting, denning, and day- bedding. Recent information based on Global Positioning System(GPS)telemetry data collected during nocturnal and diurnal periods indicate that forests are the habitats selected by panthers(Land et al. 2008). Recent modeling techniques have estimated the panther population at approximately 269 individuals(excluding kittens)in the year 2012,with a 95 percent confidence interval from 143 to 509 panthers(McClintock et al.2015).In 2019,the McClintock model was updated with additional data,which resulted in a population estimate of 407 panthers in 2018,with a 95 percent confidence interval ranging from 222 to 773 panthers.The data from both the 2012 and 2019 models demonstrate that the panther population has increased by an average of between 9 and 33 panthers per year. 17.2 Habitat Management In order to deter the potential for interactions between humans and large mammals such as the Florida panther,a lake buffer will be constructed between the conservation areas and development areas. Where a lake buffer is not feasible, fencing will be used between development and conservation areas.See Section 5.0 for details regarding the buffer lake and fencing. Habitat within Shaggy Cypress Swamp and Camp Keais Strand that are part of the Project's conservation areas will be managed for the Florida panther through the enhancement, restoration,and preservation of uplands and wetlands to provide quality habitat and wildlife 18 128155526.10 1iA2 corridors for the Florida panther and associated prey species. Enhancement activities will provide higher quality habitat for the Florida panther than exist in the currently degraded condition. The preservation of Shaggy Cypress Swamp and the portion of Camp Keais Strand located within the Project boundary are part of the larger regional wildlife habitat preservation plan proposed through the establishment of SSAs 14,15,17,and 18 under the Collier County RLSA program. 18.0 HUMAN-WILDLIFE COEXISTENCE PLAN The following Human-Wildlife Coexistence Plan will be incorporated into the Rural Lands West Homeowners Association(HOA)documents. 18.1 American Alligator Human-Wildlife Coexistence Plan Signs will be posted on the subject property to instruct on-site workers and residents not to feed or harass the American alligator.The signs will indicate that the offense is punishable by law. The typical signage is provided in Appendix F.The FWCC educational brochure entitled "A Guide to Living with Alligators" (Appendix H) will be provided to homeowners,community association managers,and maintenance staff. The brochure can be found at https://myfwc.com/media/16070/alligator-brochure.pdf. Construction personnel and residents will be instructed that in the event there is a problem with a persistent nuisance alligator,they will need to contact the FWCC,as that is the only agency empowered to handle nuisance alligators. 18.2 Eastern Indigo Snake Human-Wildlife Coexistence Plan The USFWS's Standard Protection pleasures for the Eastern Indigo Snake(2013b)will be followed prior to and during construction activities. The Standard Protection Measures include the placement of posters at strategic locations on the construction site and along proposed access roads clearly visible to construction staff.The posters include a description and photograph of the Eastern indigo snake, its protection status, and instructions in the event that one is observed. In addition, informational brochures will be provided to all construction staff. The USFWS's Standard Protection Measures, including the poster and brochure, can be found at http://www.fws.gov/verobeach/listedspeciesreptiles.html. A copy of the brochure is provided in Appendix I. 18.3 Bald Eagle Human-Wildlife Coexistence Plan The bald eagle protection guidelines as described in the FWCC Bald Eagle Management Plan Handbook (FWCC 2010) and the USFWS National Bald Eagle Management Guidelines(USFWS 2007)will be implemented to avoid disturbance to the bald eagle nest. 19 128155526.10 I 6 A ? 18.4 Crested Caracara Human-Wildlife Coexistence Plan Problematic encounters between future residents and crested caracara are not anticipated. Restricted resident access to the preserves through signage, as well as the typical nest location within the canopy of cabbage palms, will ensure against disturbance to crested caracara nests. 18.5 Wading Bird Human-Wildlife Coexistence Plan A brochure prepared by PM entitled"Wading Bird Informational Pamphlet"(Appendix J) will be provided to residents and maintenance staff. The brochure provides wading bird information and methods to prevent human-wading bird interactions. In addition, the brochure informs residents of the need to avoid disturbance around nesting colonies should a colony be identified on the property in the future. 18.6 Florida Bonneted Bat and Tri-Colored Bat Hannan-Wildlife Coexistence Plan Problematic encounters between future residents and Florida bonneted bats and/or tri- colored bats are not anticipated.Restricted resident access to the preserves through signage, as well as the typical roost location high within tree cavities,will ensure against disturbance to potential Florida bonneted bat and tri-colored bat roosts. 18.7 Big Cypress Fox Squirrel Human-Wildlife Coexistence Plan Problematic encounters between future residents and Big Cypress fox squirrels are not anticipated. Restricted resident access to the preserves through signage, as well as the typical nest location high within the tree canopy, will ensure against disturbance to fox squirrel nests. 18.8 Florida Black Bear Human-Wildlife Coexistence Plan The FWCC educational brochure entitled"A guide to living in bear country"(Appendix K)will be provided to residents,community association managers,and maintenance staff. This brochure may be found at https://myfwc.com/media/1891/livinginbearcountrybrochure.pdf. The FWCC will be consulted on management initiatives such as bear-resistant dumpsters and garbage receptacles for residential areas.A list of companies obtained from the FWCC that provide bear-resistant garbage containers for residential use is provided as Appendix G. In addition,these management initiatives will include the following.Residential units that have curbside garbage service will be required to place garbage containers curbside no earlier than the morning of the days of garbage pickup and garbage containers will be returned to their permitted location no later than the evening of the days of garbage pickup. For units with curbside garbage service, all garbage, trash refuse, or rubbish will be 20 128155526.10 1 6 A 2 required to be placed in appropriate garbage containers or stored inside an enclosed area except for the days when there is curbside garbage pickup service. For units without curbside garbage service, all garbage, trash refuse, or rubbish will be placed in bear- resistant dumpsters with the lid closed and secured. 18.9 Florida Panther Human-Wildlife Coexistence Plan The educational brochure entitled"A guide to living with Florida Panthers"(Appendix L), prepared by the FWCC and the USFWS, will be provided to residents, community association managers, and maintenance staff This brochure provides safety tips and instructions for panther encounters. The brochure may be found on the FWCC website located at https://myfwc.com/media/3112/livingwithpanthers.pdf In addition,residents will be informed that vaccinating house cats for feline leukemia virus can prevent disease transmission from house cats to Florida panthers. 19.0 REFERENCES Anthony,R.G.and F.S.Isaacs. 1989.Characteristics of bald eagle nest sites in Oregon.Journal of Wildlife Management 53(1): 148-159. Belden,R.C. 1988.The Florida Panther.Pages 514-532 in W.J.Chandler(ed)Audubon Wildlife Report. 1988/1989.The National Audubon Society,New York. 817 pages. Florida Fish and Wildlife Conservation Commission, 2010. Bald Eagle Management Plan Handbook.Tallahassee,Florida. Florida Natural Areas Inventory.2010.Guide to the natural communities of Florida:2010 edition. Florida Natural Areas Inventory,Tallahassee,Florida. Gerrard,J.M.,P.N. Gerrard, W.J. Maher,and D.W.A. Whitfield. 1975. Factors influencing nest site selection of bald eagles in northern Saskatchewan and Manitoba.Blue Jay 33(3): 169- 176. Grier, J.W. 1977. Quadrat sampling of a nesting population of bald eagles. Journal of Wildlife Management 41:438-443. Hardesty,J.L. 1991.Conservation of coastal nesting bald eagles in Florida:history,demography, and habitat use.Unpublished Masters Thesis,University of Florida;Gainesville,Florida. Humphrey, Stephen R. 1992. Rare and Endangered Biota of Florida; Volume I. Mammals. University Press of Florida,Gainesville,FL.392 pages. 21 128155526.10 16A2 Hyslop, N.L., D.J. Stevenson, J.N. Macey, L.D. Carlile, C.L. Jenkins, J.A. Hostetler, M.K. Oh. 2012. Survival and population growth of a long-lived threatened snake species, Drymarchon couperi(Eastern Indigo Snake).Population Ecology. 54: 145. King, J., F. Robards, and C. Lensink. 1972. Census of the bald eagle breeding population in southeast Alaska. Journal of Wildlife Management 36:1292-1295. Land, E.D.,M. Lotz, D. Shindle,and S.K. Taylor. 2000. Florida panther genetic restoration and management.Annual report,Study Number 7508.Florida Fish and Wildlife Conservation Commission,Tallahassee,Florida. Land E.D., D.B. Shindle,R. J. Kawula,J.F. Benson,M.A. Lotz, D.P. Onorato. 2008. Florida panther habitat selection analysis of concurrent GPS and VHF telemetry data. Journal of Wildlife Management:Volume 72,No.3 pp.633-639. Maehr, D.S. 1988a. Florida Panther Movements, Social Organization and Habitat Utilization. Annual Performance Report,7/1/87-6/30/88,Study No.E-1-12 II-E-2 7502,Florida Game and Fresh Water Fish Commission. 19 pages. Maehr, D.S. 1988b. Florida Panther Food Habits and Energetics. Annual Performance Report, 7/1/87-6/30/88, Study No. E-1-12 II-E-3 7503, Florida Game and Fresh Water Fish Commission.4 pages. Maehr, D.S., E.D. Land, and J.C. Roof. 1991. Social Ecology of Florida Panthers. National Geographic Research&Exploration,7(4):414-431. Marks, C.S. and G.E. Marks. 2006. Bats of Florida. University Press of Florida, Gainesville, Florida. Marks,G.E.and C.S.Marks.2008. Status of the Florida bonneted bat(Eumops floridanus). Final report.Submitted by the Florida Bat Conservancy under grant agreement number 401815G 192.Florida Bat Conservancy.Bay Pines,Florida. McClintock,B.T.,D.P.Onorato,and J.Martin.2015.Endangered Florida panther population size determined from public reports of motor vehicle collision mortalities.Journal of Applied Ecology 52:893-901. McEwan, L.C. and D.H. Birth. 1979. Southern bald eagle productivity and nest site selection. Journal of Wildlife Management 43:585-594. Morrison, J.L. 2001. Recommended Management Practices and Survey Protocols for the Audubon's Crested Caracara(Caracara cheriway audubonii)in Florida.Technical Report No. 18.Florida Fish and Wildlife Conservation Commission. Tallahassee,Florida. 22 128155526.10 t 6 A 2 Nifong, J.C., C.A. Layman, B.R. Silliman. 2015. Size, sex, and individual-level behavior drive intrapopulation variation in cross-ecosystem foraging of a top predator.Journal of Animal Ecology. 84:35-48. Robards, R.C. and J. G. King. 1966. Nesting and productivity of bald eagles,southeast Alaska, 1966.U.S Fish and Wildlife Service;Juneau,Alaska. Rodgers,J.A.,Jr.,H.W.Kale II,H.T. Smith(eels.). 1996.Rare and Endangered Biota of Florida, Vol. V.Birds.University of Florida Press,Gainesville,Florida,USA. Saalfeld, D., Conway, W., & Calkins, G. 2011. Food Habits of American Alligators (Alligator mississippiensis)in East Texas. Southeastern Naturalist, 10(4),659-672 Stevenson,D.J.,Bolt,M.R.,Smith,D.J.,Enge,K.M.,Hyslop,N.L.,Norton,T.IVI.,&Dyer,K. J. 2010. Prey Records for the Eastern Indigo Snake (Drymarchon couperi). Southeastern Naturalist,9(1), 1-18. Smith,L.M.,J.A.Gore,T.J.Doonan,and C.J.Campbell.2022.Tricolored bats at a southern range edge exhibit partial migration northward in autumn.Movement Ecology 10(56). Timm, R.IVI., and H.H. Genoways. 2004. The Florida bonneted bat, Eumops floridanus (Chiroptera: Molossidae): distribution,morphometrics,systematics,and ecology. Journal of IVIammalogy. 85: 852-865. U.S. Fish and Wildlife Service. 1987. Florida Panther Recovery Plan. Prepared by the Florida Panther Interagency Committee for the U.S. Fish and Wildlife Service,Atlanta,Georgia. 75 pages. U.S.Fish and Wildlife Service. 1989.Southeastern states bald eagle recovery plan,U.S.Fish and Wildlife Service;Atlanta,Georgia. U.S.Fish and Wildlife Service. 1999.Multi-species recovery plan for south Florida.U.S.Fish and Wildlife Service,Vero Beach,Florida. U.S. Fish and Wildlife Service. 2002. Habitat Management Guidelines for Audubon's Crested Caracara in Central and South Florida South Florida Ecological Services Office. April 2002. U.S. Fish and Wildlife Service. 2004. Draft.Species Conservation Guidelines South Florida for Audubon's Crested Caracara. South Florida Ecological Services Office. Vero Beach, Florida. U.S.Fish and Wildlife Service.2007.National Bald Eagle Management Guidelines U.S.Fish and Wildlife Service.2013a.Standard Protection Measures for the Eastern Indigo Snake. South Florida Ecological Services Office.Vero Beach,Florida. 23 128155526.10 1 6 A 2 U.S.Fish and Wildlife Service.2013b.Eastern Indigo Snake Conservation Guidelines U.S.Fish and Wildlife Service.2014.Biological Opinion for Golf Club of the Everglades.Service CPA Code 2014-CPA-0037. South Florida Ecological Services Office, Vero Beach, Florida. U.S. Fish and Wildlife Service. 2019. Biological Opinion for Hudson Creek. Service Consultation Code 04EF2000-2019-F-0083. South Florida Ecological Services Office,Vero Beach, Florida. U.S. Fish and Wildlife Service. 2020. Designation of Critical Habitat for Florida Bonneted Bat (Proposed Rule).South Florida Ecological Services Office,Vero Beach,Florida. U.S. Fish and Wildlife Service (Service). 2021. Species Status Assessment Report for the Tricolored Bat(Perimyotis subflavus),Version 1.1.December 2021.Hadley,MA Weekes, F.M. 1974. A survey of bald eagle nesting attempts in southern Ontario, 1969-1973. Canadian Field Naturalist 88(4):415-419. Whitfield,D.W.A.,J.M.Gerrard,W.J.Maher,and D.W.Davis. 1974.Bald eagle nesting habitat, density and reproduction in central Saskatchewan and Manitoba. Canada Field Naturalist 88(4):399-407. Wood,Don A.2001.Florida's Fragile Wildlife Conservation and Management.University Press of Florida.Gainesville,FL. Wood,P.B.,T.C. Edwards,and M.W.Collopy. 1989.Characteristics of bald eagle nesting habitat in Florida.Journal of Wildlife Management 53(2):441-449. 24 128155526.10 16A2 APPENDIX A PROJECT LOCATION MAP 128155526.10 16A2 Jrtu D :) lickla:Liitz:k4,7T^' .,- 14 I '' / / ' 7//'' / I(2Y) y_o...hoa.• 44.6...1 II ri':::) ;.; — TH Mw�ErNcF Guy r'.:,7 5,A all-\, s w E } 0 IIEVIVEST • )1,4;4,, ...1) sie. .N• (Ow r >. &•. PROJECT'LOCATION ', , • SEC 1.3,LP-!5,22-27,]4d6, c i irderAi. r„, " 5 1 vs 1.417. , . ' jt4 i' '33 . ,. . . : ,. 411 NI 1 i , ; 77A�,�- 717t 4 lit it , f K Fi[lry j r b 1 I.� (..RGLp.ELY6 f _ 3 ? 1 U " K)R D['iK ul^Yld ' H.H. 1/25/16 1 APPENDIX A.PROJECT LOCATION MAP C.G.R.°" n 1/25/16 PASS,QiRE LLA * s RURAL LANDS WEST HEM= DA*_ r.7-:'`& ASSOCIATES 2 ,, H.H. 9/27/21 128155526.10 16A2 APPENDIX B AERIAL WITH PROPOSED WILDLIFE CROSSLNGS, LAKE BUFFERS,AND FENCING 128155526 10 16A2 _ t z� YWA a.. ciJ 1. I 1 i of �Lyyy a uf4k j , ►E 1 1� ♦ a as 1 • nm�n Ser.. iiim� �� a'u u�w SEJ� E� 5 Rl1NA1.lAN1Xi lMSl' �+.aua ICC.1`. r(� w.�utm u_::z 3��C�,�R`L4.�.=-1 AERIAL WITH PROPOSED WILDLIFE CR05RYD9, Itcvud 9,19:n 9 7”. 1C.1'. Eh 7.. '..',iue El CSC O TAKE HLTELR9.AND PEI:CivD gat.m nmDIRE..a 128155526.10 1 6 A 2 APPENDIX C WILDLIFE CROSSING DETAIL 128155526.10 1 6 A 2 1 c_,.. .........c-,-, , •-. ......r.r.7.1- ! _:"?...z.,.'t:-... ._-. .., VaLDLIFE CaOSING SiGIJ . , a&V_Wit I i [ i 1 I .r. ...,„„.. 1 I , , i ..a.am...... 1 ! i ! . COMBO%CULVRT WiLDUFE CROSS= rr.,r4,24.• 1 T.--i___......._......_....._.................. ..... ......7...._...._... ......_77,7.... .............. PAOF11.2.WAY WCTION NEW 1 WIRLDUFE CROSSING DE TAX MAY NTS MVO-8.MA r•r.AUK=Mk• I II EC? a, &Z,6 i Iwo fileuaroa...... ,,,,,,,,,,,,.. Itedad wikalle crouleff 6.11 6/1.6 Mi., Sae Ma RURAL LANDS WEST PASSARELLA ______„„,,„ It&ASSocIATES W1LDUFE CAMINO DETAIL 128155526.10 1iA2 APPENDIX LAKE BUFFER AND STRUCTURAL BUFFER TYPICAL SECTIONS 128155526.10 tea ? 5S0'WE WHERE US_W AB WILDLIFE HUFFER Yx0' mMr 2iP L IL tlA' 290/ VER"RE 20.0. V.I. IITTCRU DDELF LICE. EDGE OF UTTOP %ELELEV., L 1/ P IL o .• I" TYPICAL LAKE SECTION NTS • -..........•-1 Ir.,,m?'-',.....7...1.ZT-. APICAL PERIMETER CROSS-SECTION TYPICAL PERIMETER CRCSssEC.ON E;TTERA,IL PRESERVE 3 ROAD R.O.W.. EETERNAL PR0SOR''E 3 PERIMETER LAME N73 NT3 mns, PASSARELLA RURAL LANDS WEST KG➢. N1e• TR.M0T/WM "It19)MOM lSt ASSOCIATES! LVDi OVEDERAND STRUCTUAL R BU]FSR TYPICAL SECTIONS u<r>r atl.l nr .m ,l .. rz. gym......, — L� 1 LAREELSNA75INT 5VAL PR'ea_r E TYPICAL CROS5•SFL7(UN UV CART PAIR C-NELCAVEAT a INTERNAL frWWEVE77NCAF.7 SSE.SECTION N'T3 NTS i .s.k -...14:14;:r.-.74...,.,-.•..,..0...:„ i...., :7".;:,:'..,,:7' T —F Pali/ 1Te.R TYPICAL CROSS.S£CTTON DITENNAL PROMOPROMO3 RDAD 120.W. DEVELOPMENT 31NTEANAL PA`'RVE TYPICAL CAC(94•SICTION NTS NTS NIN , IXDO Nose MOON UMJry.as u • mm MOM K.C.P. NV1(I "WV..R.DM it PASSARELLA RURAL LANI)SWEST RIME. INMWOR v1aie! ".aT)7 &Assbc1AmEsa LAKE BLPEERAVDSTRUCTURALOLTEER relICALSECTIONS RN.1r11 4 128155526.10 1iA2 APPENDIX E PRESCRIBED BURNING INFORMATION 128155526.10 16A2 Florida Landowner Assistance Program Practice Standard - Prescribed Burning • • Definition The controlled application of tire in accordance with a written prescription for vegetative fuels under specified environmental conditions while following appropriate precautionary measures that insure that the fire is contained to a predetermined area to improve habitat for resident and migratory wildlife species. Purposes This practice may be applied as part of a conservation management system to support one or more of the following purposes: To improve habitat for various wildlife species,including imperiled species. I To control invasive and/or exotic vegetation. • To control plant diseases affecting native vegatation. ▪ To reduce wildfire hazards. u To enhance native ground cover plants and seed production. si To restore and maintain fire dependent ecological sites. Conditions Where Practice Applies This practice may be applied on any private land,where deemed needed,to improve overall wildlife habitat conditions. Criteria 1.General Criteria Applicable to All Purposes The methods)of prescribed burning to improve wildlife habitat structure and composition shall be determined by the assigned biologist conducting the Needs Assessment. Application of the prescribed treatment will be based on the GIS analysis,site examination,and local wildlife species present. The landowner shall obtain all necessary burn authorizations and/or permits before implementation of the practice. Planning and application shall compy with all Federal,State,and local laws,rules,and regulations. The procedure, equipment,and number of trained personnel shall be adequate to accomplish the intended purposes as stated in the burn plan. The expected weather conditions,human and vehicular trafifc that may be impeded by heat or smoke,liability,and safety and health precautions shall be integrated into the timing,location and expected intensity of the burn. Timing of burning will be commensurate with soil and site conditions to maintain site productivity and minimize effects on soil erosion and soil properties. Firebreak construction • and maintenance are not included as a cost-shared treatment. 128155526.10 16A2 II.Specific Criteria to Improve Wildlife Habitat The appropriate season of burning,burning technique,burning frequency,and size of burn shall be selected based on the wildlife habitat needs and site limitations. Where practical,prescribed burning shall be planned and applied in a manner that creates a"patchy"mosaic of burned and unburned vegetation. III.Specific Critera to Control Undesirable Vegetation Prescribed burns to control brush or other undesirable vegetation shall consider the anticipated seed production and re-sprouting response of the targeted species. The frequency and intensity of the planned burn shall be based on the re-growth of the target species,weighed against wildlife habitat considerations. Prescribed bums planned for areas with known infestations of invasive and/or exotic species shall address anticipated response of those species during and following the prescribed burn. Re-establishment of native vegetation shall be planned for burned areas,where needed,to prevent encroachment of undesirable plants,control soil erosion,and restore historic plant commmunities. IV.Specific Criteria to Improve Native Plant Production Quantity and/or Quality Prescribed bums shall be planned to provide optimum benefit to the native plant species of concern. When possible,prescribed bums shall be conducted during periods of adequate soil moisture to encourage desirable plant recovery following the burn. Appropriate protection from livestock,human,and wildlife activities shall be implemented to allow desirable vegetation to recover from the stress of the burn. Burned areas shall be protected until the vegetation has recovered sufficiently to allow use to be restored without damaging the vegetation. Considerations Prescribed burns should be cost-effective and efforts to protect any threatened and endangered species,cultural resources,wildlife habitat,water resources,and identified unique natural areas should be considered. Personal safety should also be considered during all prescribed burning activities. Where practical,the season, frequency,duration,and intensity of prescribed burns should mimic the natural occurrence of fire typical of the ecological communty being managed. Consider the use of existing barriers,such as lakes,streams,wetlands, roads,and existing firebreaks in the design and layout of the burn. To minimize smoke related issues,burn frequently under acceptable weather conditions and complete all burns as quickly as practical. Operation and Maintenance The following actions shall be carried out to insure that this practice functions as intended throughout its expected life: 1)Evaluations to determine if the stated objectives were met and to improve coordination of future burns, 2)Initial evaluations should be conducted within 2 weeks following the burn,3)Long term evaluations should be conducted during or after the first growing season following the burn. Items to consider in these evaluations include: a.Were the pre-burn preparations properly completed? b.Were the intial objectives met? c.Was the burn prescription followed? d.Were deviations from the burn prescription documented? e.Was the burning technique(s)adequate to meet the planned objectives? f.Were weather conditions,fire behavior,and smoke dispersion within the planned limits of the prescription? g.What were the effects on the soil,vegetation,water,and wildlife resources? h.Did the fire escape the planned area? i.How could future burns be improved? j.Were the post-burn activities applied correctly to meet the stated purpose or objective of the burn? 128155526.10 1 6 A 2 APPENDIX F AMERICAN ALLIGATOR MANAGEMENT AND PRESERVE SIGNACE 128155526.10 1 6 A ? - 2' MAX - DO NOT HARASS THE I, MAX AMERICAN ALLIGATOR FLORIDA LAW PROHIBITS THIS 1 BEHAVIOR AND IS PUNISHABLE BY A 3500 FINE AND/OR 60 DAYS IN JAIL. L►' MAX TYPICAL AMERICAN ALLIGATOR SIGNAGE N.T.S. H- 2' MAX H A NATURE PRESERVE ° I' MAX AREA NO CLEARING OR DUMPING ALLOWED 4' MAX I^\ ■p } I \ t 9 TYPICAL PRESERVE SIGNAGE N.T.S. f3 DRAIRT OAfe APPENDIX F.AMERICAN ALLIGATOR MANAGEMENT AND FL 10916 �PASSARELLA PRESERVE SIGNAGE H.P. 1/9/16 RURAL LANDS WEST AWNED DATE ASSOCIATES 128155526.10 1642 APPENDIX G FWCC LIST OF BEAR-RESISTANT GARBAGE CONTAINERS 128155526.10 1642 .. ,si. a� ar anaiiamax4 BEAR RESISTANT TRASH CONTAINERS(prices last updated December 2016 Program+" Residential Poly Carts automatic locking lids ! designed for fully-automated waste pick-up Image Company Contact Info/ Size Minimum Priceggr container Shipping Estimated Cost Testing Status order without shipping °To Tallahassee FL per Container ' 928-636-9298 96 gallon 1 Contact Kodiak Products Contact Kodiak $270.00 {ngY,odak-P-.pu=s;...-- Products Kodiak 211hernlirPhottnail.wr Products Sttof(.wwwAodNi-a:Mu._nE;( Passed uirr►° 96 gallon 300 Contact Kodiak ProductsContact Kodiak Products $237.00 Matthew Caller 'ellerb 904-528-6139 Rehrig .. Pacific _ 95 gallon 112 Contact Rehrig Pacific Contact Rehrig $226.61 Company Pacific Passed IGBTP Residential Poly Carts and Cans •automatic locking lids Image Company Contact Info/ Size Minimum Price per container Shipping Estimated Cost Testing Status order without shipping °To Tallahassee.FL per Container Statesville.NC 64 gallon �-�. -',.' 1-800 424-0422 g 25 $202 $41 a ns)r 25 $219 Toter,Inc -., -.-.."- • Passed IGBTP 96 gallon 25 $207 $482(for 25 $229 cans) 128155526.10 16A2 Residential Poly Carts and Cans automatic locking lids(continued) Image Company Contact Info/ Size Minimum Price m container Shipping Estimated Cost Testing Status order wuhourshippleg °To Tallahassee,FL par Container rn — a 32 gallon 1 $290$682 each(for 1-4 cans) $972(for 1-4 cans) 1- — i 32 gallon 1 $657 each(for 5+cans) $947(for 5+cans) slit,Co for 1-4 cans) BearProof, 970-309-2460 $427 each Far:97o S76-oa2o 65 gallon 1 ( $238 $665(for 1-4 cans) Inc. $402 each (for 5+cans) $640(for 5+cans) 95 gallon 1 $446 each(for 1-4 cans) $266 $712(1-4 cans) $421 each(for 5+cans) $687(for 5+cans) 1-300-851-3887 32 gallon 1 $161 $93 $291 Fax:909-505-7780 alc-riArCa;;�av ::rf BearSaver atciljts oearravcr.car, 65 gallon 1 $196 $212 $408 Passed IGBTP 4 96 gallon 1 $207 $261 $468 Grand Rapids,MI • Cas[ad¢ 1-800-968-2278 _rr,o:,_?,w+y:a5;gdzcau„$r;,.•.., $2,100 232.50 if m r Cart 96 gallon 1 $225 for 280 cans) $ 280 cans V g Solutions passed IGBTP ( ) 128155526.10 1 6 A 2 . Residential Poly Carts and Cans' -. :automatic locking lids(continued) image Company Contact info/ Size ' Minimum Price percontainer Shipping Estimated Cost Testing Status order without shipping °To Tallahassee,FL per Container • Cherokee,IA Pilot Rock 800-762-5002 RI Thomas ;nc, t1,.- ,7)as<a 36 gallon 1 $789(1-9 cans) $78-$158 $947(1-9) Mfg Co. Ftt2 fL blrxk.cos( $710(10+cans) $787.90(10+) ' Product has passed the ;!tcr�ency Griztlyitear Committee Testing Program(IGBTP)with captive bears at the Living with Wildlife Foundation. The"Estimated Cost per Container"column is showing=amount for shipping divided by(=)the minimum amount that has to be purchased plus (+)the price per container.Therefore,it is showing the cost of one can.Each company has their own minimum order of cans that has to be purchased.Hence,the price provided in the last column is NOT the total cost of the full order. Costs depend on the amount of cans being purchased(shipping costs decreases the more cans purchased) NOTE:all final prices depend on the amount of cans bought,price of gas at the moment of shipping,and the area where it is being shipped. 128155526.10 16A2 ... Residential Poly Carts and Cans ' 'automatic locking lids Contact Info Price er container Shipping Image Company Size Minimum pp g Estimated Cost Testing Status order without shipping •To Tallahassee,FL per Container' Sanford,FL 32 gallon 1 $179 $34 $213 The 407-519-0766 Growler - -'- . .. 64 gallon 1 $189 $244-$248 $433-$437 Passed IGBTP 95 gallon 1 $229 $24A-$248 $473-$477 32 gallon 1 $199 each(for 1-3 cans) $279(for 1-3 cans) $195 each(for 4+cans) $80-90 $275(for 4+cans) 1-877-232-7428 Fax:860-540-0611 64 gallon 1 $215 each(for 1-3 cans) $365(for 1-3 cans) BEARicuda http:Pww_°,--,.. $209 each(for 4+cans) $140.150 $359(for 4+cans) h Bins 95 gallon 1 $225 each(for 1-3 cans) $360(for 1-3 cans) $219 each(for 4+cans) $145-155 $354(for 4+cans) Product has passed the Intera&ency Grizzly Bear Committee Testing Program(IGBTP)with captive bears at the Living with Wildlife Foundation. The"Estimated Cost per Container"column is showing=amount for shipping divided by(+)the minimum amount that has to be purchased plus (+)the price per container.Therefore,it is showing the cost of one can.Each company has their own minimum order of cans that has to be purchased.Hence,the price provided in the last column is NOT the total cost of the full order. Costs depend on the amount of cans being purchased(shipping costs decreases the more cans purchased) NOTE:all final prices depend on the amount of cans bought,price of gas at the moment of shipping,and the area where it is being shipped. 128155526.10 16A2 Residential Poly Carts and Cans': .; screw on lids Image Company Contact Info Size Minimum Price container Shipping" Estimated Cost order without shipping 'To Tallahassee,FL per Container 20 gallon 1 $47.29 $18.45 $65.74 25 Lassy court DAWG,Inc. Terryville,CT 06786 illir (SETON) Phone:800-935-3294 __.._ 30 gallon 1 $7 ( cans) $18.45 $95.91 $69.89.80(5050+cans) 50 gallon 1 $279(for 1-5 cans) $369(for 1-5 cans) Phone:877-232-7428 $259(for 6+cans) $70.75 $359(for 6+cans) BEARicuda Fax:860-540-0611 III Bins kev,neWbear-;u is:err htto:Pwwa.beadcuda ccr- $29595 gallon 1 (for 1-5 cans) $70-75 $385(for 1-5 cans) $275(for 6+cans) $369(for 6+cans) 111. Phone:677-232-7428 20 gallon 1 $49 $39 $88 BEARicuda Fax asas4o-osu Bins 30 gallon 1 $75 $49 $124 The"Estimated Cost per Container'column is showing=amount for shipping divided by(+)the minimum amount that has to be purchased plus (+)the price per container.Therefore,it is showing the cost of one can. Each company has their own minimum order of cans that has to be purchased.Hence,the price provided in the last column is NOT the total cost of the full order. Costs depend on the amount of cans being purchased(shipping costs decreases the more cans purchased) NOTE:all final prices depend on the amount of cans bought,price of gas at the moment of shipping,and the area where it is being shipped. 128155526.10 I 6 A 2 Other Recreational/Residential Trash Storage Containers See the following companies(fisted above)for more options:BearSaver,Bear Proof Inc.,BEARicuda Bins °For shipping costs contact the corresponding company Cottactlnfo/ Price=containerIma Image Company Description SizeTestin. Status withoutsbipping Classic(Model-330) Holds two 32-gallon P.O.Box 89 round cans OR three 30- $1,099 Ta hoe City,CA 96145 gallon trash cans Phone/Fax:530-581-2211 Metal trashcan enclosure B¢avGuard = > '_--_ ,;9i,.ios�,r —internal lock with key .: .411104 htto/1www beareuardinro �� °closed for the winter Passedw�a months Traditional(Model-230) Holds one 32-gallon plus $999 one 30-gallon trash can 1-888-428-5255 Fax:403-328-9956 Hid-A-Can Waste $975 Standard Haul-All Metal trashcan enclosure Equipment Ltd. with automatic latchin Enclosure g Holds two 36-gallon $1,203 Bear-tight: door (includes concrete round trash cans Passed IGBTP pads,pre-mounted) VA I: 1014 Old Knoxville Hwy 'e Se,' Smoky Metal Sevierville,TN 37862 Works -- - Wire mesh metal- $375 965-908-4248 Holds two 32-gallon e»N t:;t ,;;i;4:17,;A-.{i_.etr,.�,.r+:-.� _ trashcan enclosure with trash cans ($425 with clip or lock on door installation_wwwsm_ metalworks.- ) 3d _ Product has passed the Interagency Grizzly Bear Committee Testing Program(IGBTP)with captive bears at the Living with Wildlife Foundation 128155526.10 16A2 ^ Animal Resistant Dumpsters(There are many more companies who sell animal resistant dumpsters,this is just a sample) Contact Info/ Design Price sercontainer Image Company Description Testing Statuswithout shipping 5801 Third Avenue South Seattle,WA 98108 Capital Industries, 1-800-967-8585/206-762-8585 Inc. Fax:206-762-5455 Metal Containers&Lids Various- contact company for 2,4,and 6 cubic yard pricing Passed IGERP 1-888-428-5255 Fax:403 328 9956 Haul-All sal._;,; contact company for Various- Equipment Ltd. `1'SaL ww hav s - -„ ..„ Metal Containers&Lids 2 4 and 6 cubic yard pricing Passed IGBTP a Product has passed the Interagency Grizzly Bear Committee Testing Program(IGBTP)with captive bears at the Living with Wildlife Foundation 128155526.10 1bA2 Animal Resistant Dumpsiers(continued) Contact Info/ Price au container Image Company Testing Status Description Design au without shipping 1-800-851-3887 1111 Fax:909-605-7780 Bear Saver Passed IGBTP Metal Containers&Lids Various- contact company for 2,4,and 6 cubic yard pricing 2862 5.Circle Dr. Colorado Springs,CO 80906 Colorado 1 800 685 7891 Correctional Metal Containers&Lids Various- contact company for el! Industries --- "`�`--" 2,4,and 6 cubic yard pricing Passed IGBTP Jamestown Advanced Products Co. WO2855 Gins Rd.Jamestown,NY 14701 Jamestown 1-800-452-0639 Advanced - Metal Containers&Lids Various- $732-15 cubic feet "- "-"- -- -- 15,24,and 30 cubic feet $902-24 cubic feet Passed IGBTP $946-30 cubic feet ' 7278 Justin Way .',"4. Mentor,OH 44060 UltraTec 1-800-585-8723 Various- contact company for '`Z Equipment Sales Passed IGBTP Metal Containers&Lids 2 4 and 6 cubic yard pricing Product has passed the Interagency Grizzly Bear Committee Testing Program(IGBTP)with captive bears at the Living with Wildlife Foundation 128155526.10 1102 APPENDIX H AMERICAN ALLIGATOR INFORMATIONAL PAMPHLET 128155526.10 1 A 2 ..._ ik 0 EC' '2 m' 4-.! ill J •.,t Et ce R a," . 2. ,9 3". '61\ I. .., FIJ 5 63•g• 1.4 `' 4 m 5 kTge. 1 k •IPUWU ••,-• . ,., ;, f-÷- I, 0 " p g a—,, ,FSI 4; -,.; fr: ..,, ,',.. ° a- - .7 •) 7.3., . , ' •c., 3 T o -.....4 - .,13-. ' - ,pr . ,A, ;.:..,4 ..-4 ,--,' 5 E.._:, , •., 2 , ','!:" -'' '`.:.1 Ve 62' A. 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