Document

RECORDED in OPPICIAL RECORDS of COLLIBR COUNTY, PL 03/10/95 at 01:56PM DWIGHT B. BROCK, CLERK Prepared by/Return to: 4500 PGA Boulevard, Suite 400 Retn: Pelm Beach Gardens, Florida 33418 WILLIAM B SHAMEOW 4500 PGA BLVD #400 PALM BRACH GARDENS PL 33418 ae /ppcLARATION OF COVENANTS AND RESTRICTIONS ( for FOR a VILLAGE WALK THIS DECLARATION OF COVENANTS AND RESTRICTION WALK ("Declaration"), is made this .4/“ day of ee ate ' 19945, by VILLAGE WALK DEVELOPMENT COMPANY, INC., a Florida corporation, ( "Developer"), and by the VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida corporation not-for-profit.

Developer is the owner of the real property described in Exhibit "A" attached to this Declaration, and incorporated into this Declaration by referérice. This Declaration imposes upon the Properties (defined herein) mutually beneficial restrictions under a general plan of improvement for the benefit of the owners of each portion of the Properties; ‘and establishes a flexible and reasonable procedure for the overall development, administration, maintenance, and preservation of ‘the Properties.

FOR VILLAGE Developer declares that® the’.property restricted by this Declaration and any additional property which may be subjected to this Declaration by a Subsequent..Amendment (defined herein) shall be held, sold, used, and conveyed” subject to the following easements, restrictions, covenants; and\conditions which are for the purpose of protecting the value ‘and>desirability of, and which shall run with, the real property subjected to this Declaration.

The easements, covenants, conditions and restrictions found in this Declaration shall be binding on all persons or entities, and their

shall run with, the real property subjected to this Declaration.

The easements, covenants, conditions and restrictions found in this Declaration shall be binding on all persons or entities, and their heirs, successors, and assigns, having any, right, title, or interest in the Properties, or any part thereof, subjected to this Declaration. This Declaration does not, and isnot, intended to create a condominium within the meaning of Chapter 718, Florida Statutes. ee Pr ARTICLE I ae DEFINITIONS The terms used in this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.

1.1. “Articles" shall mean the Articles of Incorporation of Village Walk Homeowners Association of Naples, Inc. as filed with the Florida Secretary of State, and attached as Exhibit "B".

1.2. "Assessment" means a share of the funds which are required for the payment of Common Expenses, which from time to time is assessed against the Members of the Association.

Assessments may sometimes be referred to as "Base Assessments".

1.3. "Association" shall mean and refer to Village Walk Homeowners yer of Naples, Inc., its successors and assigns.

1. 4 Association Property" shall mean all real and personal property | “ps neferred to the Association for the benefit of all Members. “f 1.5. . \mpéara" shall mean the Board of Directors of the Association. 9 “gl 1.6. “Business"\and "Trade" shall be construed to have their ordinary, generally” “aécepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis, whic involves the provision of goods or services to persons other than ‘the rovider's family, and for which the

e, without limitation, any occupation, work, or activity undertaken on an ongoing basis, whic involves the provision of goods or services to persons other than ‘the rovider's family, and for which the provider receives a-° fe se). compensation, or other form of consideration, regardless, f whether: (a) such activity is engaged in full or part-time, (b. such activity is intended to or does generate a profit, or (c)va, ‘Kicense is required.

1.7. “By-Laws” shall ‘Wein ‘and refer to the By-Laws of the Association, attached as Exhibit’ $c.

1.8. "Class 'B' Control period"\shall mean the period of time during which the Class "B" Member.-is entitled to appoint a majority of the members of the Board, as Pee ed in the By-Laws.

1.9. “Common Area" shall mean al Sreal and personal property which the Association owns, leases, or: “otherwise holds possessory or use rights in for the common use and enjoyment of the Owners.

The term "Common Area" may sometimes be..used interchangeably with the term “Association Property" or “Common. Property".

€ 1.10. “Common Expenses" shall mean and. ‘inélude the actual and estimated expenses incurred or anticipated torbe ) incurred by the Association for the general benefit of all Units including any reasonable reserve, as the Board may find neces ry or appropriate pursuant to this Declaration, the By-Laws, ‘arid ~ he Articles.

Common Expenses shall not include any expenses incurred. during the Class "B" Control Period for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by the Voting Members representing a majority of the total Class "A" vote of the Association.

2037 PG: 1677 1.11. “County” shall mean Collier County, Florida.

iginal construction costs unless approved by the Voting Members representing a majority of the total Class "A" vote of the Association.

2037 PG: 1677 1.11. “County” shall mean Collier County, Florida.

1.12. "“Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be reasonably and more specifically determined by the Board 1.13. "Declaration" shall mean the easements, covenants, conditions,* restrictions, and all other terms set forth in this document, afd as may be amended from time to time.

ale 6S 1. 14. ~ “Developer” shall mean and refer to VILLAGE WALK DEVELOPMENT (COMPANY, INC., a Florida corporation, its successors and assigns. “| a 1.15. “yokeewners Documents" means in the aggregate this Declaration, the Articles, and the By-Laws of the Association; as well as all of the instruments and documents referred to herein and executed in connect yon with Village Walk (defined herein).

1.16. "Institut tonal Mortgagee" shall mean any lending institution having a first. lien on any property subject to this Declaration, including. any of the following institutions: an insurance company or subsidiary thereof, a federal or state savings and loan association, .a “federal or state building and loan association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corpor tion, a federal or state banking association, the Collier © ounty) Housing Authority or similar entity, a real estate invest “trust, or any mortgage banking company authorized to do busine: “in the State of Florida.

1.17. “Member” shall ean @ wenber of the Association.

1.18. “Mortgage” means a mort. ge, a deed to secure a debt, or any form of security deed. AN

ny authorized to do busine: “in the State of Florida.

1.17. “Member” shall ean @ wenber of the Association.

1.18. “Mortgage” means a mort. ge, a deed to secure a debt, or any form of security deed. AN 1.19. "Mortgagee" means a beneficiary oer holder of a Mortgage. The term, "Mortgagee", shall include the term, "Institutional Mortgagee", defined above. QD 1.21. “Neighborhood” shall mean and refer-t6 gach separately developed and denominated residential area comprised of one (1) or more housing types subject to this Declaration, © ether or not governed by an additional owners association, in which: owners may have common interests other than those common to ail Association Members, such as a common theme, entry feature, development nane, and common areas or facilities which are not available for use by all Association Members. For example, and by way of illustration and not limitation, an attached home development, a zero-lot-line development, and a single family home development may constitute a 3 separate Neighborhood, or may be combined to form a_ single Neighborhood. In addition, each property developed as a Neighborhood may be subject to division into more than one (1) Neighborhood upon development. Where the context allows, the term Neighborhood shall also refer to the Neighborhood Association (defined below) having jurisdiction over the property within the Neighborhood. Neighborhoods may be combined or divided as provided in this Declaration.

1.22.” “Neighborhood Assessment" shall mean Assessments for Common E: sspehses provided for in this Declaration or by any Subsequent Amendment (defined below) which shall be used for the

Declaration.

1.22.” “Neighborhood Assessment" shall mean Assessments for Common E: sspehses provided for in this Declaration or by any Subsequent Amendment (defined below) which shall be used for the benefit of-the-Owners and occupants of the Units against which the specific Neighborhood Assessment is levied, and to maintain the properties wit n ‘a specific Neighborhood.

. gi a 1.23. "Né ighborhood Association" shall mean the entity created for the benefit of Persons owning Units located within a specific Neighborhost, 1.24. "Neighborhood\Committee" shall mean the entity created for the benefit of (Persons owning Units located within a Neighborhood without a Neighborhood Association.

1.25. "Owner" shall’ on fAvand refer to one (1) or more Persons (defined below) who hold-the., record title to any Unit (defined below) which is created 9: “the property subject to this Declaration, but excluding ar party holding an interest merely as security for the performance oe obligation.

1.26. "Person" means a nétural person, a corporation, a partnership, a trustee, or other legal, entity.

1.27. "Property" or "Propertiés hall mean all of the real and personal property subject to this “Declaration. The real property is described in Exhibit A. OAS 1.28. "Recreation Facility" shali-Zean and refer to the tennis, swimming, social, and other recreation facilities, if any, which may, at the Developer's sole and absolute discretion, be constructed within the Common Areas. aaah aN x 1.29. “Village Walk" shall mean and refer téAhe planned unit development which is located in the County, and.gntey, is known as Village Walk. ssi os 1.30. "Roads" shall mean and refer to any--street or thoroughfare which is constructed by Developer within the Common

opment which is located in the County, and.gntey, is known as Village Walk. ssi os 1.30. "Roads" shall mean and refer to any--street or thoroughfare which is constructed by Developer within the Common Areas, and which is dedicated to the Association, or to any governmental agency, whether same is designated, for example, by way of illustration and not as limitation, as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, 4 walk, or similar designation.

1.31. “Rules and Regulations" shall mean the rules, regulations, and policies which are attached to and incorporated into this Declaration as Exhibit "E", and as may be adopted by the Board from time to time by resolution duly made and carried.

1.32. “Single Family" means one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, or not more than two persons we together who may or may not be interrelated.

1.33.° “Special Assessment" shall mean and refer to those assessments’ levied in accordance with the further terms of this Declaration. ~ sy 1.34. "Subsequent Amendment" shall mean an amendment to this Declaration which subject additional property to this Declaration, may ” wiphtraw property from the coverage of this Declaration, and may also, but is not required to, impose, expressly or by referen e, additional restrictions and obligations on the Properties, Or. on.any land submitted by a Subsequent Amendment to the provisions. ‘of this Declaration.

a ‘ a 1.35. “Transfer pate” shall mean the date that Class "B" Control Period ends. The transfer date shall occur 120 days after the Developer has closed the~all of the sales of the Units in Village Walk, or after the Developer elects to relinquish its

Class "B" Control Period ends. The transfer date shall occur 120 days after the Developer has closed the~all of the sales of the Units in Village Walk, or after the Developer elects to relinquish its control of the Association, wntendver shall first occur.

1.36. “Unit" shall mean a ‘fox €ion of the Properties intended for development, use,and occupancy: a8 an attached or detached residence for a single family (as. we Kane any land conveyed with such ae residence), and_ shall, 3Ss otherwise specified, including, without limitation, zeroctetsline homes, townhouse units, single family homes, single famity | attached homes, patio homes, cluster homes, condominium units, sand single family homes on separately platted ‘lots, as well as Vacant. land intended for development as such, all as may be provided in Subsequent Amendments covering all or a part of the Properties. The term shall include all portions of the property~'o owned including any structure thereon. In the case of a structure) which contains multiple apartments, each apartment shall be_Acened to be a separate Unit.

In the case of a parcel of vacant land or ‘véna on which improvements are under construction, the parcel shal]~be’deemed to contain the number of Units designated for residential use for such parcel on the site plan approved by the Developer, until such time as a subdivision plat or a declaration of condominium is filed of record on all or a portion of the parcel. Thereafter, the portion encompassed by such plat or declaration shall constitute a separate 5 Unit or Units, as determined above and the number of Units on the remaining land, if any, shall continue to be determined in accordance with this paragraph.

1.37. "Voting Group" snall mean one or more Neighborhoods

as determined above and the number of Units on the remaining land, if any, shall continue to be determined in accordance with this paragraph.

1.37. "Voting Group" snall mean one or more Neighborhoods whose Voting Members vote together on all matters before the Board, excepting only the election of directors to the Board, as more particularly described in Article IV hereof, or, if the context indicates, the group of Owners whose Units comprise such Neighborhoods.

representatiye- selected by the Members of each Neighborhood to be responsible for,/casting all votes attributable to Units in the Neighborhood™-for all matters coming before the Board (excepting only the election“of directors), amending this Declaration, or the By-Laws.

1.39. nwatee-Man&genent System" shall mean and refer to those lakes, canals, and other facilities created and used for drainage, as shown on or described in the South Florida Water Management District Conceptual Surf ce Water Management Permit for Village Walk, and as amended fron: time to time. A copy of the surface water permit and its conditions are attached hereto and marked Exhibit "D". A copy of the “wetlands maintenance and monitoring plan, if any, shall be attached: to and shall be incorporated into Exhibit "D". The Registered / “agent for the Association shall maintain copies of further South Florida Water Management District permitting actions for the renee of the Association.

8 ye 2.1. Initial Property. The Prop rty which is initially subject to the easements, covenants, co ditions, and restrictions imposed by this Declaration is described~in- Exhibit A.

2.2. Additional Property. The Déveloper may subject additional property to this Declaration, including without

nts, co ditions, and restrictions imposed by this Declaration is described~in- Exhibit A.

2.2. Additional Property. The Déveloper may subject additional property to this Declaration, including without limitation, Neighborhoods, Common Areas, Recreational Facilities, Roads, vacant lands, and properties of all _& ypes, including undeveloped lands, platted subdivisions, and lots by recording in the public records of the County, a Subsequent Amendment to this Declaration describing the property to be submitted to this Declaration and setting forth any use restrictions,. voting rights, maintenance requirements, user fees, dues, or other provisions pertaining to such additional property, if any. Despite the fact that Developer's submission of additional property to this Declaration may result in an overall increase in the Common Expenses, and a resulting increase in the Assessments payable by 6 40 ‘Od LE02 0891 each Unit, or may result in an increase in the total number of votes or Members in the Association, the Developer shall not be required to obtain the joinder or consent of the Association, any Unit Owner, any other Person, or any Mortgagee except for the approval, if required, of the County. Any property submitted to this Declaration by Subsequent Amendment, shall be included in the term "Property", and shall be part of Village Walk.

2.3. Withdrawal of Property. The Developer reserves the right to amend this Declaration so long as it has a right to annex additional: pi operty pursuant to this Article, without prior nctice and without ‘the consent of any Person, for the purpose of removing property the <Owned by the Developer, its affiliates, or the Association. rom the coverage of this Declaration to the extent

nctice and without ‘the consent of any Person, for the purpose of removing property the <Owned by the Developer, its affiliates, or the Association. rom the coverage of this Declaration to the extent originally incltiided in error or as a result of any changes in the Developer's plans“for the Properties, provided such withdrawal is not contrary to“the overall, uniform scheme of development of the Properties. eit!

2.4. itional The Developer may unilaterally subject any_ “portion of the property submitted to this Declaration initially or by Subsequent Amendment to additional covenants) and easements, > “including covenants obligating the Association to maintain: ‘and insure such property on behalf of the Owners, and obligating such OWners to pay the costs incurred by the Association through Assessments. Such additional covenants and easements shall be set forth #in a Subsequent Amendment filed concurrent with, as a part | fy or after the annexation of the subject property, and shall ‘require the written consent of the owner(s) of such property, if. ‘other’ than the Developer.

he Oo 2.6. Amendment. This Article>shall not be amended without the prior written consent of the cave) so long as the Developer owns any property in Village Walk. %s > a) ARTICLE III.“ “ff a, PROPERTY RIGHTS Co J 3.1. Use of Common Area. Every Owner : ‘shall* have a right and easement of enjoyment in and to the Common Area, subject to this Declaration as it may be amended from time to time jana subject to any restrictions or limitations contained in this’ Dec]; ration or in any deed conveying such property to the Association.. ny Owner may delegate his or her right of enjoyment to the members of his or her family, tenants, and social invitees subject .to--reasonable

r in any deed conveying such property to the Association.. ny Owner may delegate his or her right of enjoyment to the members of his or her family, tenants, and social invitees subject .to--reasonable regulation by the Board, and in accordance with procedures which it may adopt. An Owner who leases his or her Unit shall be deemed to have delegated all such rights to the Unit's lessee. The rights and easements of enjoyment created hereby shall be subject to the following: 40 ‘Od LEO : 1891 A. The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real and personal property as security for money borrowed or debts incurred.

B. The right of the Association to take such steps as are reasonably necessary to protect the Common Property against foreclosure.

ty The right of the Association to suspend: f- (i) the right of an Owner to use Recreational Facilities witht the Common Areas for any period during which an Assessment or. any. other charge against such Owner's Unit remains delinquent; and “ay the enjoyment rights and easements of any Owner for a period not; to exceed 30 days for a single violation or for a longer period ‘in the case of any continuing violation (other than a delinquent Aadosenert) of the Declaration, any applicable Subsequent Amendmen soeia Articles, the By-Laws, or the Rules and Regulations of the Ass iation after notice and hearing pursuant to the By-Laws. LS D. The right of the Association to maintain the Common Property. 4 E. The right of the Boa: rd to adopt rules and regulations affecting the use and enjoymne: ‘of the Common Area, including, without limitation, rules restricting use of Recreational Facilities within the Common Area to. occupants of Units and their

regulations affecting the use and enjoymne: ‘of the Common Area, including, without limitation, rules restricting use of Recreational Facilities within the Common Area to. occupants of Units and their guests and rules limiting the nhbay jot guests who may use the Common Area. ‘ F. The Board shall have thé right to post motor vehicle speed limits throughout the Common Areas,,and to promulgate traffic regulations for the Roads. The Board’ may also promulgate procedures for the enforcement of the traffic regulations, including, without limitation, the assessment: of fines against Owners who violate the traffic regulations and against Owners, whose family members, guests, invitees, licensees, employees, or agents violate the traffic regulations. The fines will be levied as a Special Assessment upon the Owner who violates the traffic regulations, or upon the Owner whose family ‘membe rs, guests, invitees, licensees, employees, or agents violate’ the traffic regulations. Before any fine shall be effective, the /Owner shall be entitled to notice and an opportunity to be heard~before the Board.

G. The right of the Association to dedicate or transfer all, or any part, of the Common Property to any governmental or 8 40 ‘Dd LEO? : C891 quasi-governmental agency, authority, utility, water management or water control district.

H. The Restrictions contained on any plat, or filed separately, with respect to all or any portion of the Property.

I. All of the provisions of this Declaration, the Articles, and By-Laws of the Association and all exhibits thereto, and all Rules and Regulations adopted by the Association, as same may be amended from time to time.

Cg BES Is The Owners' easements of enjoyment shall be subject to easements; hereby reserved over, through and underneath the

tions adopted by the Association, as same may be amended from time to time.

Cg BES Is The Owners' easements of enjoyment shall be subject to easements; hereby reserved over, through and underneath the Common Property, . and the Units for present and future utility services to the Property, including, but not limited to, easements for water pipes,“sanitary sewer pipes, drainage pipes, irrigation pipes, telephone cables, and street lights. Easements for such utility services are ‘reserved by Developer for all buildings and improvements which Nave been or may be constructed on the Property, and Developer may grant specific easements to utility companies and to other Persons as‘ may be reasonably necessary.

Dea K. Notwithstanding the fact that parts of the bicycle/pedestrian path in village Walk may be located within certain Neighborhoods in the Property, such paths are subject to an easement for use by all Owners of property within Village Walk, their guests, licensees and inyitees.

L. In case of a y.-emergency originating in, or threatening the Property or any Unit, regardless of whether the Owner is present at the time of,Such\emergency, the Board, or any other Person authorized by the Board; or the management agent under a management agreement, shall have the’ right to enter the Property or such Unit, for the purpose of remedying, or abating, the cause of such emergency, and such right of ‘entry shall be immediate.

ae oe, 3.2. Title to Common Area. THe. Developer shall not be required to convey title to the Common Area or any portion thereof to the Association until the Transfer Date... Notwithstanding the manner in which title is held, the Association shall be responsible for the management, maintenance, and operation ofthe Common Areas,

to the Association until the Transfer Date... Notwithstanding the manner in which title is held, the Association shall be responsible for the management, maintenance, and operation ofthe Common Areas, and for the payment of all real estate taxes’ and other charges which are liens against the Common Area, sFEoe “and after the recording of this Declaration. On or before the Transfer Date, the Developer shall convey the Common Area to thé As ociation by quitclaim deed. The Developer shall not be required to provide any title insurance or other related title documents to the.Association in connection with the conveyance of the Common Afeas. Certain portions of the Common Areas may be reserved as limited common areas for the exclusive use and benefit of a Neighborhood or of certain Unit owners.

40 Od LEC : C891 3.3. Annexations, Withdrawals, and Amendments. Pursuant to the provisions of Article II, and the amendment powers set forth in this Declaration, the Developer, its successors and assigns, reserves the right to amend this Declaration during the Class “B" Control Period, to annex additional property to the Common Area, to withdraw property from the Common Area, and to amend the provisions of this Declaration as they may apply to the Common Area.

oy ARTICLE IV fog 8 4.1 Function of Association. The Association shall be the entity responsible for management, maintenance, operation and control of the Common Area within the Properties. The Association shall be the primary entity responsible for enforcement of this Declaration and such reasonable Rules and Regulation as the Board May adopt. The “Association shall also be responsible for administering and. enforcing the architectural standards and controls set forth’ in this Declaration. The Association shall

ation as the Board May adopt. The “Association shall also be responsible for administering and. enforcing the architectural standards and controls set forth’ in this Declaration. The Association shall perform its functions in accordance with this Declaration, the ByLaws, the Articles, and \Florida Law.

ome Y 4.2. Membership. The-owner of the fee simple title of record of each Unit shall be a mandatory member of the Association. Each Unit Owner shall become a Mémber of the Association upon acceptance of the deed to his Unit. As @ Member of the Association, the Owner shall be governed by the Homéowners Documents; and shall be entitled to one (1) membership for’each Unit owned. In the event the Owner of a Unit is more than’ one\(1) Person, votes and rights of use and enjoyment shall be asprovided herein. The rights and privileges of Membership may be _exercised by a Member or the Member's spouse, subject to the provisions of this Declaration and the By-Laws. The Membership rights “of a Unit owned by a corporation or partnership shall be exercised by the individual designated by the Owner in a written. instrument provided to the Secretary of the Association. Swit 4.3. Voting. The Association shall have /two (2) classes of membership, Class "A" and Class "B", as follows: f 3) A. Class "A" Members shall be all.-Owners except the Class "B" Member. A Class "A" Members shall be-entitiled to one (1) vote for each Unit owned by such Member. Unless otherwise specified in this Declaration or the By-Laws, the vote for each Unit shall be exercised by the Voting Member representing the Neighborhood of which the Unit is a part. « In any situation where a Member is entitled personally to exercise the vote for his Unit, and more than one (1) Person holds 10 40 ‘Od LE02 = £891

nting the Neighborhood of which the Unit is a part. « In any situation where a Member is entitled personally to exercise the vote for his Unit, and more than one (1) Person holds 10 40 ‘Od LE02 = £891 the interest in such Unit, the vote for such Unit shall be exercised as those Persons owning the Unit determine among themselves, and advise the Secretary of the Association prior to casting their vote. In the absence of such advice, the Unit's vote shall be suspended if more than one (1) Person seeks to exercise it.

B. The Class "B" Member shall be the Developer. The rights of the Class “B" Member, including the right to approve or withhold approval of actions proposed under this Declaration and the By-Laws, are specified elsewhere in the Declaration and the By-Laws. Thé Class “B" Member shall be entitled to one (1) vote per Unit owned and, in addition, shall be entitled to appoint a majority of the members of the Board during the Class "B" Control Period. The.-Class "B" membership shall terminate and become converted to Class."A" membership on the Transfer Date.

a Cc. Except as otherwise specified in this Declaration or the By-Laws, the vote’ for each Unit owned by a Class "A" Member shall be exercised’ by the Voting Member representing the Neighborhood of which the, Unit is a part. The Voting Member may cast all such votes as the Voting Member, in his or her discretion, deems appropriate. ° 4.4. Neighborhoods.

Male ey A. Every Unit stall/be located within a Neighborhood.

The Units within a particular’ Neighborhood may be subject to additional covenants, and the Unit Owners may be members of another owners association ("Neighborhood Association") in addition to the Association, but no such Neighborhood ‘Association shall be required

itional covenants, and the Unit Owners may be members of another owners association ("Neighborhood Association") in addition to the Association, but no such Neighborhood ‘Association shall be required except in the case of a condominium,or as otherwise required by law. Any Neighborhood which does*.not have a Neighborhood Association may elect a Neighborhood Committee to represent the interests of the Owners of Units within, such Neighborhood.

B. Each Neighborhood Associatio or Committee, upon the affirmative vote, written consent, or a combination thereof, of the majority of Owners within the Neighborhood, may request that the Association provide a higher level of service or special services for the benefit of Units in such Neighborhood,’ the cost of which shall be assessed against the benefitted Units~as a Neighborhood . oo Assessment. .

C. Exhibit "A" to this Declaration, and ‘each Subsequent Amendment filed to subject additional property to this Declaration, may assign the property described therein to “a. specific Neighborhood by name, which Neighborhood may be then existing or newly created. The Developer may unilaterally amend this Declaration or any Subsequent Amendment to redesignate Neighborhood boundaries; provided, two or more Neighborhoods shall not be 11 40 ‘Dd LE0 C891 combined without the consent of Owners of a majority of the Units in the affected Neighborhoods.

D. The Owner(s) of a majority of the total number of Units within any Neighborhood may at any time petition the Board of Directors to divide the property comprising the Neighborhood into two or more Neighborhoods. Such petition shall be in writing and shall include a survey of the entire parcel which indicates the boundaries of the proposed Neighborhood(s) or otherwise identifies

into two or more Neighborhoods. Such petition shall be in writing and shall include a survey of the entire parcel which indicates the boundaries of the proposed Neighborhood(s) or otherwise identifies the Units £0 ybe included within the proposed Neighborhood(s). Such petition sh all be granted upon the filing of all required documents with the Boe <unless the Board denies such application in writing within 30° days of receipt. The Board may deny an application only upon determination that there is no reasonable basis’ for distinguishing between the areas proposed to be divided into separate Neighborhoods. All applications and copies of any denials shall be filed“with the books and records of the Association and shall be maintained as long as this Declaration is in effect.

4.5. _Members. The Class "A" Members within each Neighborhood may el ct’ one Voting Member for each 50 Units within the Neighborhood (rounded up to the nearest 50). On all Association matters requiring a Membership vote, each such Voting Member shall be entitled tc cast that number of votes determined by dividing the total number. Of. €lass "A" votes attributable to Units in the Neighborhood by the number of Voting Members elected from such Neighborhood, except. as. otherwise specified in this Declaration or the By- ~Laws. / The Class "A" Members within each Neighborhood may also elect one oF more alternate Voting Members to be responsible for casting such. Ashes in the absence of a Voting Member. CaS .

A. The Voting Member(s) ‘alternate Voting Member(s) from each Neighborhood shall be eee an an annual basis, either by written ballot or at a meeting of. ‘the’ ‘Class “A" Members within such Neighborhood, as the Board determines; .provided, upon written

from each Neighborhood shall be eee an an annual basis, either by written ballot or at a meeting of. ‘the’ ‘Class “A" Members within such Neighborhood, as the Board determines; .provided, upon written petition of Class "A" Members holding at Yeast 10% of the votes attributable to Units within any Neigh ood, the election for such Neighborhood shall be held at a nectina The presence, in person or by proxy, of Class "A" Members representing at least 33% of the total Class "A" votes attributable to Units in the Neighborhood shall constitute a quorum at any Nefghborhood meeting.

B. The Board shall call for the first ele ction of the Voting Member(s) and alternate Voting Member(s) from a Neighborhood not later than two years after the first conveyance’ of a Unit in the Neighborhood to an Owner. Subsequent elections shall be held annually thereafter. The candidate for each position who receives the greatest number of votes shall be elected to serve a term of one year and until a successor is elected. Any Owner of a Unit in the Neighborhood may submit nominations for elections or declare 12 40 ‘Od LE0C 9891 himself a candidate in accordance with procedures which the Board may establish.

Cc. Any Voting Member may be removed, with or without cause, upon the vote or written petition of Owners of a majority of the total number of Units owned by Class "A" Members in the Neighborhood which such Voting Member represents.

., Until such time as the Board first calls for election of a Voti: ing! Member for a Neighborhood, the Owners within such Neighborho 00d may personally cast the votes attributable to their respectiveUnits on any issue requiring a vote of the Voting Members undef AR Declaration, the By-Laws, or the Articles.

5s Sil ng.’ The Developer may designate Voting

t the votes attributable to their respectiveUnits on any issue requiring a vote of the Voting Members undef AR Declaration, the By-Laws, or the Articles.

5s Sil ng.’ The Developer may designate Voting Groups consisting of one or more Neighborhoods for the purpose of electing directors to-the Board, in order to promote representation on the Board of: Directors for various groups having dissimilar interests and to avoid a situation in which the Voting Members representing similar Neighborhoods are able, due to the number of Units in such Neighbor! sods, to elect the entire Board, excluding representation of other 8.04, Following termination of the Class "B" Control Period, the number of Voting Groups within the Properties shall not exceed the total number of directors to be elected by Class "A" Members pursuant” tothe By-Laws. The Voting Members representing the Neighborhoods within each Voting Group shall vote on a separate slate of candida es for election to the Board, with each Voting Group being entitle eto elect the number of directors specified in the By-Laws.

A. The Developer may establish. \ Voting Groups, if at all, not later than the date of expiration of the Class "B" Control Period by filing with the Association andin. the public records of the County, a Subsequent Amendment upon.the, vote of a majority of the total number of directors. Neither reo} -dation nor amendment of such Subsequent Amendment shall constit ite) an amendment to this Declaration, and no consent or approval | ‘f any Person shall be required except as stated in this paragraph. - Until such time as Voting Groups are established, all of, the; Properties shall constitute a single Voting Group. After a Si sequent Amendment

time as Voting Groups are established, all of, the; Properties shall constitute a single Voting Group. After a Si sequent Amendment the Properties which are not assigned to a speci i shall constitute a single Voting Group. .

Z ARTICLE V cones RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 5.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall own, manage, and 13 40 “Od LEO? + L891 control the Common Area and all improvements thereon (including, without limitation, furnishings, equipment, and common landscaped areas), and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, consistent with this Declaration and the Community-Wide Standard.

5.2 .

The Association may acquire, hold, and dispose of tangible and intangible personal property and real property. The Developer may convey to’ the Association improved or unimproved real estate and the sur face uptor management system located within the Properties, personal property, and leasehold and other property interests.

Such property’shall be accepted by the Association, and thereafter shall be maintained as Common Area by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in theconveying deed or instrument.

5.3 and} The Association, through its Board, may make and enforce reasonable rules governing the use of the Properties, in addition to, further defining or limiting, and, where specifically authorized hereunder, creating exceptions to those covenants and réstrictions set forth in this Declaration.

Such rules shall be binding*upon all Owners, occupants, invitees, and licensees until and unless repealed or modified in a regular or

to those covenants and réstrictions set forth in this Declaration.

Such rules shall be binding*upon all Owners, occupants, invitees, and licensees until and unless repealed or modified in a regular or special meeting by the vote of, Voting Members representing 51% of the total Class "A" votes’“in the Association, and by the Class "B" Member, so long as such menbership exists.

5.4. : axa Al . The Association may exercise any other right or privilege given to it expressly by this Declaration or the By-Laws, “or<-reasonably implied from or reasonably necessary to effectuate’any such right or privilege.

Except as otherwise specifically provided in this Declaration, the By-Laws, Articles, or by law, a rights and powers of the Association may be exercised by the ‘Board without a vote of the Membership. AOS 5.5. Governmental Interests. So long as the Developer owns any property described on Exhibit "A", the Developer may designate sites within the Properties for fire, police, utility facilities, and other public facilities. The sites may.include Common Areas.

5.6. Indemnification. The Association shal¥ indemnify every officer, director, and committee member against’ all expenses, including counsel fees, reasonably incurred in cénnection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board) to which’ he or she may be a party by reason of being or having beén an officer, director, or committee member.

The officers, directors, and committee members shall not be 14 40 ‘Dd LEC : 8891 liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no

: 8891 liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. Any right to indemnification providedfor nerein shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate. general liability and officers' and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.

5.7. Dedication of Common Areas. The Association may dedicate portions of the Common Areas to the County, or to any other local, state,.or federal governmental entity, subject to such approval as may be required by this Declaration.

5.8. Security “~The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to. ‘make the Properties safer than they otherwise might be. Neither-the Association, the Developer, nor guarantors of security within the properties, nor shall any of them be held liable for any loss or, gamage by reason of failure to provide adequate security or ,of ineffectiveness of security

urers or guarantors of security within the properties, nor shall any of them be held liable for any loss or, gamage by reason of failure to provide adequate security or ,of ineffectiveness of security measures undertaken. No representation or warranty is made that any fire protection system, alarm system, or other security system cannot be compromised or circumvented, nor that any such systems or security measures undertaken will im all cases prevent loss, or provide the detection or protection” for which the system is designed or intended. Each Owner acknowledges, understands and covenants to inform its lessees that the Association, its board of directors and committees, Developer, and any.successor developer are not insurers and that each person using the) properties assumes all risks for loss or damage to persons,.to/ Units, and to the contents of Units resulting from acts of third-parties.

Be °F The Association shall have the power to veto any ‘action taken or contemplated to be taken by any Neighborhodd Association or Neighborhood Committee which the Board reasonably determines to be adverse to the interests of the Association or its~Members, or inconsistent with the Community-Wide Standard. The Association also shall have the power to require specific maintenance or repairs or aesthetic changes to be effectuated by the Neighborhood Association or Neighborhood Committee, and to require that a 15 40 ¢ e ‘Od LE0C 6891 proposed budget include certain items and that_ specific expenditures be made.

A. Any action required by the Association in a written notice pursuant to the foregoing paragraph to be taken by a Neighborhood Association or Neighborhood Committee shall be taken within the reasonable time frame set by the Association in such

a written notice pursuant to the foregoing paragraph to be taken by a Neighborhood Association or Neighborhood Committee shall be taken within the reasonable time frame set by the Association in such written notice. If the Neighborhood Association or Neighborhood Committee fails to comply with the requirements set forth in such written notice, the Association shall have the right to effect such action on’ behalf of the Neighborhood Association or Neighborhood Committee, “ s.

a B. To’ cover the Association's administrative expenses in connection with the foregoing and to discourage failure to comply with the requirements of the Association, the Association shall assess the Units in such Neighborhood for their pro rata share of any expenses incurred>by the Association in taking such action in the manner provided above. Such Assessments may be collected as a Special Assessment /hereunder and shall be subject to all lien rights provided for herein.

Lo § ee “cong Gf oe 5.10. Recycling... Programs. The Board may establish a recycling program and recycling center within the Properties and in such event, all occupants. of Units shall support such program by recycling, to the extent reasonably practical, all materials which the Association's recycling-program or center is set up to accommodate. The Association may, but shall have no obligation to, purchase recyclable materials.in order to encourage participation and any income received by the ASsociation as a result of such recycling efforts shall be used/‘to “reduce Common Expenses.

5.11. Surface Water Rights. THe ‘Association shall have all rights to ground water, surface water,,; and storm water runoff within the Properties. No Person other’than the Association shall

Expenses.

5.11. Surface Water Rights. THe ‘Association shall have all rights to ground water, surface water,,; and storm water runoff within the Properties. No Person other’than the Association shall claim, capture, or collect rainwater,’ gr6und water, surface water or storm water runoff within the Properties without prior written permission of the Association. The Association may establish programs for reclamation of surface water and storm water runoff for appropriate uses within the Properties, and may require Owners extent reasonably practical. No Owner or occupant of a Unit shall have any right to be compensated for water claimed or reclaimed from Units. The Board shall also have the right) to establish restrictions on the use of surface water within the) Properties.

Lakes, canals, and other open surface waters with the. Properties are designed as water retention and water management~areas and are not designed solely as aesthetic features. From time to time, low ground water elevations or drought conditions may cause the Common Area lakes, canals, and other water management areas to be shallow.

16 40 ‘Dd LEO 0691 5.12. Water Management Systen. The Association shall be responsible for operating, maintaining, and monitoring all aspects of the Water Management System, including, without limitation, any wetland mitigation monitoring which may be required by the South Florida Water Management District pursuant to the permit attached as Exhibit "D" hereto. The Association shall be the entity responsible for complying with all conditions of such permit including, without limitation, making all reports associated with the maintenance and monitoring of the Water Management System and

entity responsible for complying with all conditions of such permit including, without limitation, making all reports associated with the maintenance and monitoring of the Water Management System and any wetland mitigation monitoring.

5.13. Com j . Portions of the Common Areas may be designated by the Association for commercial uses. The Board shall determine the manner in which commercial portions of the Common A eas \ are held, maintained, and operated. The Association may” désignate another Person or entity to hold, operate, and manage any commercial portions of the Common Areas for the benefit of the Association. Where advisable, income, if any, from the rental of portions of the Common Areas in a commercial capacity, may be “ysed.. to reduce the Common Expenses of the Association. gol i C 7 A. The Association shall maintain and keep in good repair the Common Areas. The maintenance of the Common Areas shall include, without limitation, mail enance, repair, and replacement, subject to any insurance then dpe ettect. of all Roads and rights-of-way; all plantings and Sodding of such rights-of-way; all perimeter plantings and sod; \night-of-way, perimeter, and other Association irrigation facilities and ‘pumps; perimeter walls or fences; bridges; bicycle/pedestrian. paths; sidewalks; lakes; water features; Recreational Facilitiés: office facilities; street lights; road and identification,.signage; security facilities and equipment; drainage facilities and water control structures; water and lake treatment facilities; Association parking facilities; sod, landscaping and other flora located on the Common Areas; and other structures and improvements situated upon the Common Area. aE ge ae B. The cost to the Association of maintaining the Common

es; sod, landscaping and other flora located on the Common Areas; and other structures and improvements situated upon the Common Area. aE ge ae B. The cost to the Association of maintaining the Common Areas shall be assessed equally among the Unit owners,,...as part of the Common Expenses pursuant to the provisions of this Declaration.

The Association may, in the discretion of its Board, assume the maintenance responsibilities of a Neighborhood. In such event, all costs of such maintenance shall be assessed only against the Units 17 40 \d 1002 : 1691 within the Neighborhood to which services are provided. This assumption of responsibility may take place either by contract or agreement or because, in the opinion of the Board, the level and quality of service then being provided is not consistent with the Community-Wide Standard of the Properties. The provision of services in accordance herewith shall not constitute discrimination within a class.

Cc. The Association may maintain property which it does not own, including, without limitation, property dedicated to the public, if the Board determines that such maintenance is necessary or desirable“to, maintain the Community-Wide Standard.

‘ FF: 4 6.2. ‘s Each Owner shall maintain his or her own Unit. and structures, parking areas, and other improvements comprising the Unit in a manner consistent with the Community-Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to a Neighborhood Asso€iation pursuant to any additional declaration of covenants applicable to such Unit. If any Owner fails to perform his or her maintenance responsibility, the Association may perform it and assess all costs incurred by the Association against

ation of covenants applicable to such Unit. If any Owner fails to perform his or her maintenance responsibility, the Association may perform it and assess all costs incurred by the Association against the Unit and the Owner, thereof in accordance with the further provisions of this Declaration; provided, however, except when entry is required due to \an “emergency situation, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry ' = OE flO A. Where appropriate and u on resolution of the Board, a Neighborhood shall be responsible for paying, through Neighborhood Assessments, the costs’ of maintenance of certain Common Areas within or adjacent to’ such, Neighborhood, which may include, without limitation, the ‘costs of maintenance of any right-of-way and landscaped area between. the Neighborhood and adjacent public roads, private streets“within a Neighborhood, if any, and lakes within a Neighborhood, regardless of ownership and regardless of the fact that such maintenance may be performed by the Association. Tay ¥ oe B. In the event that a Neighborhood/Association has the responsibility for maintenance of all ora portion of the property within such Neighborhood pursuant to separaté declaration of covenants, the Neighborhood Association shail’ perform such maintenance in a manner consistent with the Community-Wide Standard. If any Neighborhood Association fails. to..perform its maintenance duties as required herein, the Association may perform it and assess the costs against all Units within such Neighborhood Association as provided herein.

40 ‘Od LEO? : C691 ARTICLE VII EASEMENTS 7.1. Easements for Owners. The Developer hereby grants a perpetual non-exclusive easement to the Association and to the Unit

od Association as provided herein.

40 ‘Od LEO? : C691 ARTICLE VII EASEMENTS 7.1. Easements for Owners. The Developer hereby grants a perpetual non-exclusive easement to the Association and to the Unit Owners, their families, guests, invitees, licensees and lessees upon, over, and across the bicycle/pedestrian paths, sidewalks, walkways, rights-of-way and other Common Areas. The Developer hereby grants an additional perpetual non-exclusive easement to the Association "over, across, through, and under all portions of Village Wark..for the purpose of performing the maintenance and repair requirems nts of the Association as described in this Declaration... “Except. j in the event of an emergency, the Association, its assigns or representatives may enter upon an Unit Owner's property only after | reasonable notice has been given to the Owner.

7.2.

f A. there/are. hereby reserved to the Developer, so long as the Developer owns any} property described in Exhibit "A", the Association, and their: nespective assignees and designees, access and maintenance easements upon, over, across, and under all of the Properties to the extent “reasonably necessary for the purpose of replacing, repairing, maintaining Roads, bicycle/pedestrian paths, walkways, sidewalks, lakes* wetlands, drainage systems, street lights, identification signage, ° and all utilities, including, without limitation, water;. irrigation, sewer, ‘electricity, telephone, cable tv, or communication lines and systems, and for the purpose of installing any of the. foregoing on property which the Developer or the Association~owns or within easements designated for such purposes on recorded plats of the Properties.

This easement shall not entitle the holders to construct or install

ty which the Developer or the Association~owns or within easements designated for such purposes on recorded plats of the Properties.

This easement shall not entitle the holders to construct or install any of the foregoing systems, facilitie: 5» Or utilities aver, under, or through any existing Unit, and any, damage to a Unit resulting from the exercise of this easement shalt promptly be repaired by, and at the expense of, the Person exerci: ing the easement. The exercise of this easement shall not unreasona aly, interfere with the use of any Unit, and, except in an emergenci centry onto any Unit shall be made only after reasonable noti¢e 59 the Owner or occupant. & } B. The Developer hereby also grants a perpettad » on-exclusive easement to all utility or service companies servicing Village Walk upon, over, across, through, and under the Common Aréas and such other portions of the Property on which utility facilities may be located for ingress, egress, installation, replacement, repair, and maintenance of all utility and service lines and systems including, but not limited to water, irrigation, sewer, telephone, electricity, cable tv, or communication lines and systems. It shall be expressly permissible for the providing utility or service 19 40 ‘Od LEC C691 company to install and maintain facilities and equipment on said property, to excavate for such purposes and to affix and maintain wires, facilities, circuits, and conduits on, in, and under the Common Areas, providing such company restores any disturbed area substantially to the condition existing prior to their activity: provided, however, that no utility service line or system may be installed or relocated within the Common Areas without the consent of the Association.

the condition existing prior to their activity: provided, however, that no utility service line or system may be installed or relocated within the Common Areas without the consent of the Association.

7.3... /Basements for Encroachments. The Developer hereby grants an easément for encroachment in the event any improvements upon the Cotfmon*Areas now or hereafter encroaches upon an Unit, or in the event’ that any Unit now or hereafter encroaches upon the Common Area,_.48.a result of minor inaccuracies in survey, construction, reconstruction, or due to settlement or movement or otherwise to a-distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. |. The encroaching improvements shall remain undisturbed as long as the encroachment exists. This easement for encroachment shall also include an easement for the maintenance and use of the encroaching Amprovements. Provided, however, that at no time shall there be “any “encroachment onto the surface water management systems, without. the written consent of the South Florida Water Management ‘District. In no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on thé part of, of with the knowledge and consent of, an Owner, occupant or, the Association.

other-P The Developer hereby reserves for itself, and.4its\ duly authorized agents, representatives, employees, successors, assigns, licensees, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development. of other property owned by the Developer, its successors and \assigns, whether or not such other property is made subject to this, Declaration. This easement

f enjoyment, use, access, and development. of other property owned by the Developer, its successors and \assigns, whether or not such other property is made subject to this, Declaration. This easement includes, but is not limited to, a right‘of ingress and egress over the Common Area for the development...of such property, the construction of roads, the construction of drainage facilities, and for connecting and installing utilities on such property.

Developer further agrees that if the easement is.exercised for any permanent use or access to such property, and such property or any portion thereof is not made subject to this Declaration, the Developer, its successors or assigns shall enter“into a reasonable agreement with the Association to share the costof maintenance of any access roadway or drainage facility owned by the’ Association and serving such property. a , 7.5. Easements for Drainage. Every Unit and the Common Area shall be burdened with easements for natural drainage of storm water runoff from other portions of the Properties, or from other property owned by the Developer; provided, however, no Person may 20 40 ‘Dd LEO? : 7691 alter the natural drainage on any Unit so as to materially increase the drainage of storm water onto adjacent portions of the Properties without the consent of the Owner of the affected property.

7.6. Right of Entry. The Association shall have the right, but not the obligation to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance pursuant to this Declaration, and to inspect for the purpose of ensuring compliance with this Declaration, any Subsequent Amendment, ByLaws, andthe Rules and Regulations, which right may be exercised by any member of the Board its officers, agents, employees, and

nsuring compliance with this Declaration, any Subsequent Amendment, ByLaws, andthe Rules and Regulations, which right may be exercised by any member of the Board its officers, agents, employees, and managers, and’all policemen, firemen, emergency medical personnel, and similar emergency personnel in the performance of their duties.

Except in an“emergency situation, entry shall only be during reasonable hours“ and after notice to the Owner. This right of entry shall include the right of the Association to enter upon any Unit to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition within’ a reasonable time after a written request of the Board, but shall not authorize entry into any single family detached dwelling without. permission of the Owner, except by emergency personnel acting,in their official capacities.

“ARTICLE VIII 8.1. ss 2S There are hereby created Assessments for Common Expenses<-as may from time to time specifically be authorized by theBoard; to be commenced at the time and in the manner set forth in thie pevigle. There shall be three (3) types of Assessments: (a) Basé Assessments to fund expenses for the benefit of all Members of the Association; (b) Neighborhood Assessments for expenses benefitting only“Units within a particular Neighborhood; and (c) Special Assessments.as described in paragraph 8.3. below. “sai A. Base Assessments shall be fevied equally on all Units. Neighborhood Assessments shall be levied equally on all Units within the Neighborhood for whose benef it/Common Expenses are incurred which benefit less than the Association as a whole.

Special Assessments shall be levied as provided in’ p ragrapn 8.3.

all Units within the Neighborhood for whose benef it/Common Expenses are incurred which benefit less than the Association as a whole.

Special Assessments shall be levied as provided in’ p ragrapn 8.3.

below. Each Owner, by acceptance of his or her“deed ‘is deemed to covenant and agree to pay these Assessments. I fo.

B. The Association shall, upon demand at any time, furnish to any Owner liable for any type of Assessment a certificate in writing signed by an officer of the Association setting forth whether such Assessment has been paid as to any 21 40 ‘Od LE0¢ : C691 particular Unit. Such certificate shall be conclusive evidence of payment to the Association of such Assessment therein stated to have been paid. The Association may require the advance payment of a processing fee not to exceed Fifty ($50.00) Dollars for the issuance of such certificate.

C. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors which may include, without limitation, acceleration of the annual Base Assessment for delinquent, Members. Unless the Board otherwise provides, the Base Assessments “shall be payable not less frequently than quarter-annually in advance. Base Assessments shall be billed on the fifteenth day of December, March, June, and September of each year for Assessments due and payable on the first day of January, April, July, and_,October, respectively of each year. Quarterly Assessments not’paid within thirty (30) days of their respective due dates will incur.a late charge not to exceed Thirty ($30.00) Dollars. Quarterly.Assessments not paid within sixty (60) days of their respective due/dates will incur a second late charge not to exceed Fifty ($50.00) Dollars. Quarterly Assessments not paid

30.00) Dollars. Quarterly.Assessments not paid within sixty (60) days of their respective due/dates will incur a second late charge not to exceed Fifty ($50.00) Dollars. Quarterly Assessments not paid within ninety (90) days-of) their respective due dates will incur an third late charge not ‘to.exceed Seventy ($70.00) Dollars.

D. No Owner may waive or otherwise exempt himself from liability for the Assessments \provided for herein, including, by way of illustration and not-limitation, by non-use of Common Areas or abandonment of the Unit. /The\ obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No a Syn diminution of abatement of Asséssment or set-off shall be claimed or allowed by reason of any alleged’failure of the Association or Board to take some action or peérfo mosome function required to be taken or performed by the Association or Board under this Declaration or the By-Laws, or for’ inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to comply with any law, ordinance, or with“any order or directive of the County or other governmental authority.

E. So long as the Developer has Ahe) right unilaterally to subject additional property to this Declaration, then on all Units on which Assessments have commenced, and which are subject to this Declaration as of the first day of any fiscal year, the Developer shall be obligated for the difference between the amount of Assessments levied on such Units, and the ,amount of actual expenditures required to operate the Association during the fiscal year. This obligation may be satisfied in the form, of a cash subsidy or by "in kind" contributions of services or-materials, or

tual expenditures required to operate the Association during the fiscal year. This obligation may be satisfied in the form, of a cash subsidy or by "in kind" contributions of services or-materials, or a combination of these. The Association is specifically authorized to enter into subsidy contracts or contracts for “in kind" contribution of services or materials or a combination of services and materials with the Developer or other entities for the payment 22 40 “Dd LE02 9691 of some portion of the common expenses.

8.2. Computation of Assessments. It shall be the duty of the Board, at least sixty (60) days before the beginning of the fiscal year, to prepare a budget covering the estimated costs of operating the Association during the coming year. The budget shall include and shall separately list Common Expenses and Neighborhood expenses, if any. The Board shall cause a copy of the budget and the amount of assessments to be levied against each Unit for the following year to be delivered to each Owner at least thirty (30) days prior to the end of the current fiscal year. The budget and the assessment shall become effective unless disapproved at a meeting of “the-Voting Members by a vote of Voting Members or their alternates representing at least a majority of the total Class "A" vote in the ‘Association and the vote of the Class "B" Member, if such exists. There shall be no obligation to call a meeting for the purpose of“considering the budget except on petition of the Voting Members as provided for special meetings in the By-Laws.

Notwithstanding’ the foregoing, however, in the event the proposed budget is disapproved or the Board fails for any reason so to determine the budget for any year, then and until such time as

By-Laws.

Notwithstanding’ the foregoing, however, in the event the proposed budget is disapproved or the Board fails for any reason so to determine the budget for any year, then and until such time as a budget shall have been, determined as provided herein, the budget in effect for the immediately preceding year shall continue for the current year. Ny aN an ‘sy The budget may include, without limitation, the following listed line items: f oS MO gD A. All expenses nécessary to meet the Association's responsibility to maintain the Cofmon.Areas in accordance with the requirements of this Declaration... Including, by way of illustration and not as limitation, such Common Area expenses as: maintenance of the surface water management system, irrigating, grass cutting, trimming, fertilizing; pest control, and the like, in a manner consistent with the Community-Wide Standard.

oO PY ey B. All charges levied for utility services to the Common Areas, whether supplied by a private or public firm including, without limitation, all charges for water, -qerhricity: telephone, sewer, cable tv, and any other type of utility r service charge.

Cc. The premiums on any policy or pdlicies of insurance required under this Declaration, together withthe costs of such other policies of insurance, as the Board, with. thé consent of the Unit Owners at any meeting thereof, shall determine’ to be in the best interest of the Association. As well as. all expenses necessary to retain and continue to retain a lending Anstitution in the County, having a trust department to act as "Tnsurance Trustee". The functions of the Insurance Trustee shall include holding all original policies purchased by the Association, being 23 40 Od LE02 : e ry L691 named as loss payee, distributing proceeds of such insurance,

nctions of the Insurance Trustee shall include holding all original policies purchased by the Association, being 23 40 Od LE02 : e ry L691 named as loss payee, distributing proceeds of such insurance, assisting in the reconstruction of improvements from insurance premiums and performing such other functions as shall be agreed upon.

D. The costs of administration for the Association, including any secretaries, bookkeepers and other employees necessary to carry out the obligations and covenants of the Association under the Declaration, including the collection of sums owed by a particular Lot. In addition, the Association may retain a managing company or contractors to assist in the operation of the Association’and.to perform or assist in the performance of certain obligations of the Association hereunder. The fees or costs of any management company or contractor so retained shall be deemed to be part of the Association's expense.

a i rd wt E. All taxes levied or assessed upon the Common Areas, by any and all taxing authorities, including all taxes, charges and assessments, imposition and liens for public improvements, special charges and assessments;. and, in general, all taxes on personal property and improvements \which are now and which hereinafter may be placed in the Common. Area, including any interest penalties and other charges which may~’accrue on such taxes.

& ANA F. The costs to’ the Association to indemnify and save harmless Developer from and <against any and all claims, suits, actions, damages and/or causes“of. action arising from any personal injury, loss of life and/or’ damage to property in or about the Common Areas, if any, from and against all costs, counsel fees, expenses, liabilities occurring in. and about such claim, the

y personal injury, loss of life and/or’ damage to property in or about the Common Areas, if any, from and against all costs, counsel fees, expenses, liabilities occurring in. and about such claim, the investigation thereof, or the defense Jat any level of any action or proceeding brought which may enter therein. Included in the foregoing provisions for indemnification are any expenses the Developer may be compelled to incur and‘bring suit for the purposes of enforcing rights thereunder, or for’ the purpose of compelling this specific enforcement of the provisions) conditions, covenants and restrictions, contained in the Declaration to be kept and performed by the Association and/or the owners, including the payment of Association expenses. ‘fey a Included also is the cost to the Association to indemnify its officers and members of the Board for all costs and expenses whatsoever incurred in pursuance of their duties; obligations and functions hereunder. Nothing in the provisions of this subparagraph shall require any Institutional Mortgagee to pay the Association expenses or portion thereof attributable-to costs of the Association to indemnify and save harmless,Déveloper in accordance with such paragraph. Any such Association expense shall be reallocated amongst the Unit Owners and not the Institutional Mortgagees.

40 ‘Dd LE0C : 8691 G. The costs to establish an adequate reserve fund for replacement and/or capital refurbishment of the Common Areas and the payment of other common expenses (the “capital contributions") in the amounts determined proper and sufficient by the Board, if any. Each owner acknowledges, understands and consents that capital contributions are the exclusive property of the Association as a whole, and that no Owner shall have any interest, claim or

oard, if any. Each owner acknowledges, understands and consents that capital contributions are the exclusive property of the Association as a whole, and that no Owner shall have any interest, claim or right to any such capital contributions or funds composed of the same. The Association shall be responsible for maintaining the capital contribution in a separate reserve account and to use such funds only for capital costs and expenses as aforesaid.

a ¢ 8. 3 ° s Seii .

A. “The \Association may levy a Special Assessment or Special Assessm Ats; provided, such Assessment shall have the affirmative vote or written consent of Voting Members or their alternates representing at least fifty-one (51%) percent of the Class “A" vote im the Association, and the affirmative vote or written consent of the Class "B" Member, if such exists. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is determines.

approved, if the Board sa.

ASRS jon may levy a Special Assessment to B. The Associat.

obtain all sums necessary ,to’ repair, replace, construct or reconstruct ("repair") any buildings or improvements located in the Common Areas damaged by any .casualty to the extent insurance proceeds are insufficient for repair. Any difference between the amount of insurance proceeds recéived\on behalf of the Association with respect to repair and the actual cost of the repair ("repair sums") shall be a Common Expense for*which the Association shall levy a Special Assessment against “all Unit Owners to obtain the funds necessary to pay for such repair. sums, within ninety (90) days from the date such damage was incurred. The Association shall

all levy a Special Assessment against “all Unit Owners to obtain the funds necessary to pay for such repair. sums, within ninety (90) days from the date such damage was incurred. The Association shall establish an account with an Institutional Mortgagee located in the County, and deposit into such account l_ repair sums and all insurance proceeds collected by the "Insurance. Trustee" so that the amounts on deposit will equal the costs of repair. The Association shall proceed so that repairs shall be completed within one (1) ae. * C. The Association may also levy a-Special Assessment against any Member to reimburse the Association for costs incurred in bringing a Member and his Unit into complianc¢ée with the provisions of the Declaration, any amendments’ .thereto, the Articles, By-Laws, and the Rules and Regulations,® which Special Assessment may be levied upon the vote of the Board after notice to the Member and an opportunity for a hearing.

25 40 ‘Dd LE0 6691 D. The Association may also levy a Special Assessment against the Units in the Neighborhood to reimburse the Association for costs incurred in bringing the Neighborhood into compliance with the provisions of the Declaration, any amendments thereto, the Articles, the By- Laws, and the Rules and Regulations, which Special Assessment may be levied upon the vote of the Board after notice to the Neighborhood Association or Committee and an opportunity for a hearing.

8.4, De ence Base sessments. The Base Assessments provided for herein shall commence as to each Unit at the time that a certificate of occupancy is issued for the Unit by the appropriate. governmental authority. Assessments shall be due and payable in a/manner and on a schedule as the Board of Directors

the time that a certificate of occupancy is issued for the Unit by the appropriate. governmental authority. Assessments shall be due and payable in a/manner and on a schedule as the Board of Directors may provide. The first Base Assessment shall be adjusted according to the number of days remaining in the fiscal year at the time Assessments commence on a Unit.

Ce f 8.5. ng j - The lien of Assessments, inéluding” interest, late charges, and costs (including attorney's -fees) provided for herein, shall be subordinate to the lien.of.any first Mortgage upon any Unit as provided in this Declaration. The sale or transfer of any Unit shall not affect the Assessment lien. However, the sale or transfer of any Unit ‘pursuant to judicial or nonjudicial foreclosure of a first Mortgage shall extinguish the lien of such Assessments as to payments wh ch. became due prior to such sale or transfer. No sale or transfér’s all relieve such Unit from lien rights for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage” of" record or other purchaser of a Unit obtains title pursuant to: remedies under the Mortgage, its successors and assigns shall not be liable for the share of the Common Expenses or Assessments by ‘ the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. Such unpaid share of Common Expenses or assessments shall be deemed to ne enon Expenses collectible from Owners of all the Units, including such acquirer, its successors and assigns. a 8 PON a & } 8.6. Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be be ‘exempt from the payment of Base Assessments, Neighborhood Assessme iat and Special Assessments: A. all Common Areas; and

thstanding anything to the contrary herein, the following property shall be be ‘exempt from the payment of Base Assessments, Neighborhood Assessme iat and Special Assessments: A. all Common Areas; and B. all property dedicated to and accépted by any governmental authority or public utility.

26 40 ‘Od LEO : O0LT ARTICLE IX ESTABLISHMENT AND ENFORCEMENT OF LIENS 9.1. Lien for Assessments. All Assessments authorized in this Declaration, together with interest at a rate not to exceed the highest rate allowed by Florida law as computed from the date the delinquency first occurs, late charges, costs of collection, and reasonable attorney's fees, shall be a charge on the land, and shall be .a/ continuing lien upon the Unit against which each Assessment is*made. Each such Assessment, together with interest, late charges,.-costs of collection, and reasonable attorney's fees, shall also Ke the personal obligation of the Person who was the Owner of such Unit.at the time the Assessment arose, and his or her grantee shall bejointly and severally liable for such portion thereof as may be due and payable at the time of conveyance, except no first Mortgagee who obtains title to a Unit pursuant to the remedies provided. dn’ the Mortgage shall be liable for unpaid Assessments which accrued prior to such acquisition of title.

Under no circumstances shall the Board suspend the voting rights of a Member for nonpayment of any Assessment.

9.2. j Yate of. Lien. Said lien shall be effective only from and after the time of recordation amongst the Public Records of the County, ofa written, acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon recording, there shall

Public Records of the County, ofa written, acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon recording, there shall exist a perfected lien for unpaid’Assessments prior and superior to all other liens, except (1) “all .taxes, bonds, assessments, and other levies which by law would“be- superior thereto, and (2) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Upon ful]’payment of all sums secured by that lien and costs and fees accruéd,,the party making payment shall be entitled to a recordable Satisfaction of Lien.

Ce AY eo 9.3. Rights of First Mortgagees.... When any first Mortgagee obtains title to a Unit as a result of a foreclosure of Mortgage, or deed (or assignment) is given in lieu’ of foreclosure, such acquirer of title, his successors and assigns, ‘shall not be liable for the Assessments pertaining to such Unit or chargeable to the former owner which became due prior to the acquisition of title as a result of the foreclosure or deed (or assignment) in lieu of foreclosure, unless such Assessments are secured by a Claim of Lien, and recorded prior to the recordation of the Mortgage. Such unpaid Assessments for which a Claim of Lien has not been recorded prior to the recording of the foreclosed Mortgage or deed given in lieu of foreclosure shall be deemed to be Assessments collectable from all Units.

40 ‘Dd LE02 TOLT 9.4. Remedies. In the event any Owner shall fail to pay his or her Assessments within (15) days after the same becomes due, the Association, through its Board, shall have all of the following remedies to the extent permitted by law.

Owner shall fail to pay his or her Assessments within (15) days after the same becomes due, the Association, through its Board, shall have all of the following remedies to the extent permitted by law.

A. To accelerate the entire amount of any Assessments for the remainder of the year notwithstanding any provisions for the payment thereof in installments.

Pp re advance on behalf of the Owner funds to accomplish the needs’ of the Association and the amount or amounts of money so advanced, inicluding reasonable attorneys' fees and expenses which might have been reasonably incurred because of, or in connection with such advance). including costs and expenses of the Association if it must borrow,to pay expenses because of said Owner, together with interest at’ the highest rate allowable by law, may thereupon be collected or enforced by the Association and such advance or loan by the Association shall not waive the default.

2 Cc. To five an.action in equity to foreclose its lien at any time after the effective date thereof. The lien may be foreclosed by an action in.the name of the Association in a like manner as the foreclosure of a mortgage on real property.

D. To file an action.at law to collect said Assessments, plus interest at the highest ‘rate allowable by law plus costs and attorneys' fees, without waiving any lien rights or rights of foreclosure by the Association. > Se a < 9.5. sure. The Association, acting on behalf of the Owners, shall have the. power to bid for the Unit at foreclosure sale and to acquire and,hold, lease, mortgage, and convey the same. During the periodvin, which the Unit is owned by the Association following foreclosure: \ (a) no right to vote shall be exercised on its behalf; (b) no Assessment shall be assessed or

convey the same. During the periodvin, which the Unit is owned by the Association following foreclosure: \ (a) no right to vote shall be exercised on its behalf; (b) no Assessment shall be assessed or levied on it; and (c) each other Unit Shall be charged, in addition to its usual Assessment, its equal pro rata/share of the Assessment that would have been charged such Unit had it not been acquired by the Association as a result of foreclosure. ; Suit to recover a money judgment for unpaid Common Expenses and attorney's fees shall be maintainable without foreclosing or waiving. the lien securing the same. € ogo ARTICLE X INSURANCE 10.1. Common Area Insurance. The Association shall maintain a policy or policies to insure the Common Area improvements and personal property from casualty losses, and shall be in such 28 40 ‘Od LE0C COLT amounts so that the insured will not be a co-insurer except under deductible clauses required to obtain coverages at a reasonable cost.

A. The coverages for casualty losses will EXCLUDE the following: (i) Land, foundations, excavations or other items that are usually excluded from insurance coverage; and Ab» (ii) Any floor, wall, and ceiling coverings.

€: ‘B. Thi coverage for casualty losses will INCLUDE, where applicable, the following: (39 ~ Loss or damage by fire or other hazards covered by a standard extended coverage endorsement; (i4) © ZAl1 other perils customarily covered for similar types of projects, including those covered by the standard “all risk" endorsement; C2) Endorsement, when it can be obtained; Swe (iv) Demolition Cost Endorsements, Contingent Liability from Operation“ of,/ Building Laws Endorsement, and Increased Cost of Construction Endorsement;

Guard Endorsement, when it can be obtained; Swe (iv) Demolition Cost Endorsements, Contingent Liability from Operation“ of,/ Building Laws Endorsement, and Increased Cost of Construction Endorsement; (v) Steam Boiler,“ Endorsement, if applicable, providing at least $50,000.00 coverage for each accident at each location; and gs BS (vi) A standard ‘mortgagee clause naming, when appropriate, the Federal National Mortgage Association (FNMA) or the servicers for mortgages held by \FNMA,, their successors and om assigns. te c. When appropriate and possible, the policies shall waive the insurer's right to: Cg (i) Subrogation against the Association and against the Owners, individually and as a group; 2 om (ii) The prorata clause that reserves to the insurer the right to pay only a fraction of any~loss if other insurance carriers have issued coverage upon the same risk; and (iii) Avoid liability for a loss that is caused by an act of the Board, or by a member of the Board or by one or more Owners.

29 40 ‘Dd LE02 COLT D. In addition, the policy shall provide that: (i) Any Insurance Trust Agreement will be recognized; (ii) The policy shall be primary, even if an Owner has other insurance that covers the same loss; and cs (iii) The named insured shall be the Association for the use and benefit of the Unit Owners. The “loss payable" clause shéuld“show said Association or the designated insurance trustee as. the trustee for each Owner and each Owner's mortgagee.

ar a a4 policy or policies:to insure his or her Unit from all casualty losses. If a‘ Unit’ is damaged by a casualty, the affected Unit Owner shall promptly have his Unit repaired and rebuilt substantially in accordance with the architectural plans and

from all casualty losses. If a‘ Unit’ is damaged by a casualty, the affected Unit Owner shall promptly have his Unit repaired and rebuilt substantially in accordance with the architectural plans and specifications of the Unit.

SN Oe A. Under ordinary circumstances, Common Area improvements which are damaged by casualty.shall be reconstructed and repaired.

If a dispute arises as to whether a Common Area improvement should be repaired or reconstructed; the Board, with approval of the oldest unsatisfied Institutional Mortgagee having an effective lien thereon, shall make the determination to repair or reconstruct.

The Owners shall be pound by this determination. The Association shall have the right to specially assess all members of the Association if insurance proceeds are insufficient to repair or rebuild the affected Common Areas “in accordance with this paragraph. The levy of any Special Assessment authorized pursuant to this paragraph shall be made in accordance with the Assessment powers and lien rights of the Association for Common Expenses.

OO gO B. Although it is impossible to anticipate all problems which may arise from a casualty, the intent is to try to assure that the Community-Wide Standard is maintained by requiring damaged Association property to be rebuilt or repaired and that unsightly and dangerous conditions are remedied as so06n-as\ possible. Any reconstruction and repair must be substantially. in/accordance with the plans and specifications for such property .as originally constructed, and in any event, according » to). plans and specifications approved by the Board. it 10.4. Public Liability Coverage. The Association shall obtain comprehensive general liability coverage insuring the Association against any and all claims and demands made by any

oved by the Board. it 10.4. Public Liability Coverage. The Association shall obtain comprehensive general liability coverage insuring the Association against any and all claims and demands made by any Person for injuries received in connection with the operation and maintenance of the Common Areas and improvements located thereon, 30 40 ‘Dd L602 : HOLT or for any other risk insured against by such policies which the Association, in its sole discretion, determines to insure against.

Each policy purchased by the Association shall have limits of not less than $1,000,000.00 covering all claims for personal injury and property damage arising out of a single occurrence. The liability coverage shall include protection against liability for non-owned and hired automobiles, and liability of hazards related to usage.

In addition, the coverage shall include protection against liability that results from actions related to employment contracts in which the’ Association is a party. All such policies will name the Association (and the Developer until the Transfer Date), as their respective interests may appear, as insured parties under such policy of policies. The original of each policy shall be held by the Board or/in the office of the Insurance Trustee.

. Pe 4 10.5. JeLit: . The Association shall obtain Fidelity Bonds (or...insurance) covering officers, directors, employees and other. persons who handle or are responsible for handling Association, funds. The Fidelity Bonds (or insurance) shall meet the following. requirements.

A. All such (fidelity insurance or bonds shall name the Association as an obligee; .and 5 Cw, B. Such fidelity “insurance er bonds shall be written in the amount equal to at least; 150% of three months operating

(fidelity insurance or bonds shall name the Association as an obligee; .and 5 Cw, B. Such fidelity “insurance er bonds shall be written in the amount equal to at least; 150% of three months operating expenses of the Association, jand\the amount in reserve as of the end of each fiscal year of the Association; and Sgt a 7 c. Such fidelity instrance or bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any~definition of “employee” or a similar expression; and Og Os D. Such insurance or bonds\sha]l provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premiums) without at least thirty (30) days prior written notice of the servicer or the insured.

10.6. Flood Insurance. If any part of \the Common Areas are in a special flood hazard area, and are insurab] .as defined by the Federal Emergency Management Agency, the Association shall insure same. The coverage shall be 100% of the current’replacement cost of any Common Area improvements or structures and ‘other insurable common property, or the maximum coverage available for such improvements, structures, or property under the National Flood Insurance Program. wo 10.7. Insurer. All insurance shall be issued by a company authorized to do business in the State of Florida.

31 40 ‘Od LEC : COLT 10.8. Named Insured. For all policies obtained by the Association, the named insured shall be the Association individually and as trustee for Owners covered by the policy without naming them, and shall include Institutional Mortgagees who hold Mortgages upon Units covered by the policy whether or not the Institutional Mortgagees are named. The Board may authorize the

y without naming them, and shall include Institutional Mortgagees who hold Mortgages upon Units covered by the policy whether or not the Institutional Mortgagees are named. The Board may authorize the Insurance Trustee to maintain the policies and receive any proceeds of such policies.

10.9... / Premiums. Premiums on policies purchased by the Association’ ‘shall be paid as an Common Expense. However, if the amount of.a,..premium is increased because a Unit or its appurtenances is) misused or abandoned, then the Owner of such Unit is liable tor phe: samount of such increase. The Association will furnish evidence of ‘premium payment to each Institutional Mortgagee upon request. .“ 10.10. - All insurance policies purchased by the Association ‘shall be for the benefit of the Association and the Unit Owners and their Mortgagees as their interests may appear, and shall provide that all) \proceeds covering property losses shall be paid to the Association: ‘as trustee, or to such institution in Florida with trust powers as:.may be designated as Insurance Trustee by the Board. The Trusteé shall hold the proceeds for the benefit of the Unit Owners and their nortgagees in the following shares: A. An undivided stare ‘for each Unit Owner, that share being the same as such Owner's" undivided share in the Common Expenses. a wor.

B. If a mortgagee endorsenent of an insurance policy has been issued as to a Unit, the share ‘of the Owner shall be held in trust for the Mortgagee and such © Owner ). as their interests may appear; however, that no Mortgageé. ° shall have any right to determine or participate in the determination as to whether or not any such Unit shall be reconstructed “or / repaired, and unless provided by the terms of the Mortgage, no. Mortgagee shall have any

o determine or participate in the determination as to whether or not any such Unit shall be reconstructed “or / repaired, and unless provided by the terms of the Mortgage, no. Mortgagee shall have any right to apply or have applied to the reduction.of a mortgage debt any insurance proceeds except distribution of proceeds made to the Owner and the Mortgagee. .

10.11. First Mortgagees. This Article is Seah tonarry for the benefit of first Mortgagees of Units and may not'be ém nded without the consent of all such Mortgagees. ows 10.12. Policy Cancellation. All insurance policies purchased by the Association shall require the insurer to notify in writing the Association or the designated Insurance Trustee, if any, and each first Mortgagee named in any Mortgage clause at least 10 days before it cancels or substantially changes the coverage.

32 40 ‘Od LE0¢ 90LT 10.13. Association as Agent. The Association is irrevocably appointed agent for each Unit Owner and for each Mortgagee or other lienor of a Unit, and for each owner of any other interest in the property, to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims.

10.14. Multi-family Units. The Association may maintain physical damage coverage for multiple family units or condominiums, if any. The cost of maintaining said coverage may be charged to such multiple® family or condominium Unit Owners in the form of a Neighborhood Assessment or Special Assessment levied upon the Owner of such Units’ pursuant to the Assessment powers and lien rights set forth in this D ARTICLE XI ep 11.1. stural . The Architectural Control Committee ("ACC"). shall consist of three (3) or more

ant to the Assessment powers and lien rights set forth in this D ARTICLE XI ep 11.1. stural . The Architectural Control Committee ("ACC"). shall consist of three (3) or more persons appointed by the Board. The function of the ACC is to ensure that all architectural changes are in compliance with the requirements set forth below..\The Board shall have the authority and standing, on behalf of the. Association, to enforce in courts of competent jurisdiction the decisions of the ACC. This Article may not be amended without the Developer's written consent so long as the Developer owns any property ‘subject to this Declaration or subject to annexation to this Declaration.

11.2. Community-Wide Standard. >The Acc shall regulate any construction, the external appearance; and property improvements in such a manner as to comply with and.:meet the Community-Wide Standard, to best preserve and enhance values and to maintain a harmonious relationship among structures-ana the natural vegetation and topography. As regards the Developer, its successors and assigns, nothing herein shall give to the acc the authority to regulate, control or determine external~-appearance, use or maintenance of property to be developed or. under development, or dwellings to be constructed or under construction, i 11.3. Genera] Provisions. Wo fe’ A. The address of the ACC shall be the principal office of the Association as designated by the Board. Such address shall be the place for the submittal of plans and specifications and the place where the current architectural standards, if any, shall be kept.

B. The ACC shall establish time limitations for the 33 40 ‘Od LEO? : LOLT completion of any architectural improvements for which approval is required.

t architectural standards, if any, shall be kept.

B. The ACC shall establish time limitations for the 33 40 ‘Od LEO? : LOLT completion of any architectural improvements for which approval is required.

Cc. Plans and specifications are not approved for engineering design, and by approving such plans and specifications, neither the ACC, the members thereof, the Association, the Members, the Board, or the Developer assumes liability or responsibility therefor, or for any defect in any structure constructed from such plans and specifications.

pl an application for architectural change shall be made by the applying*Owner on forms prepared by the ACC. The completed application together with all plans and specifications as well as any damage de} it. fee will be submitted to the ACC. The decision of the acc will be ‘yeturned to the applying Owner.

en 11.4. Failure.to Approve. In the event the ACC fails to approve, modify, or: disapprove in writing an application within thirty (30) days after plans and specifications in writing have been submitted to it, in-accordance with its adopted procedures, if any, approval will be’ “psemed granted.

11.5. Disapproval in the event plans and specifications submitted to the ACC are Gisapproved, the party or parties making such submission may appea}) in writing to the Board. The written request must be received by the. Board not more than thirty (30) days following the final decision ‘of the ACC. The Board shall have forty-five (45) days followi the "pha of the request for appeal to render its written decision. he ard may reverse or modify the Acc decision by a majority vote af the Board. The failure of the Board to render a decision within’ the. forty-five (45) day period shall be deemed a decision in favor: of the appellant.

11.6. Conditions.

decision by a majority vote af the Board. The failure of the Board to render a decision within’ the. forty-five (45) day period shall be deemed a decision in favor: of the appellant.

11.6. Conditions.

A. No construction, which. ‘tefm bhall include, without limitation, within its definition, staking, clearing, excavation, grading, and other site work, and no plantings or removal of plants, trees, or shrubs shall take place ,except in = strict compliance with this Article, until the: ‘reduirements of this Article have been fully met, and until the approval of the ACC has been obtained. . ep B. No construction of improvements (Uineiaing without limitation, pools, saunas, spas, jacuzzis, screened enclosures, buildings, mailboxes, dog runs, animal _ pens, OFS fences), decorations, attachments, fixtures, alterations, repairs, change of paint or stain color, pressure cleaning, or other work shall be erected, constructed, affixed, placed, or altered on any Unit until the proposed plans, specifications, exterior colors and/or finishes, landscaping plan, and plot plan showing the proposed 34 ¢ ‘Od LE0C + BOLT location of such improvements shall have been approved by the ACC, its successors or assigns. Refusal of approval of plans, locations, or specifications may be based by the ACC upon any reason, including purely aesthetic conditions, which in the sole discretion of the ACC shall be deemed sufficient. One (1) copy of all plans and specifications shall be furnished to the Acc for its records.

No permission or approval shall be required to repaint in accordance with the originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications.

Nothing herein shall be construed to limit the right of an Owner to

accordance with the originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications.

Nothing herein shall be construed to limit the right of an Owner to remodel the ‘interior of his Unit, or to paint the interior of his Unit any color desired.

| C. \.Ng additional plantings shall be permitted on that portion of any’ Unit, which may be maintained by the Association except as may be “approved by the Association.

D. No clothing, laundry, or wash shall be aired or dried on any portion ofthe Units in an area exposed to view from any other Unit. Drying’ areas will be permitted only in locations approved by the ACC, and..only when protected from view by approved screening or fencing. ( .

E. No televisi Sor other outside antenna system or facility shall be erected ‘or maintained on any Unit to which cable television service is then_currently available except with the specific consent of the Acc, which consent may be withheld in its sole discretion.

C PDs F. Unless specifically. excepted by the Acc, all improvements, for which an approwvak.of the ACC is required under this Declaration, shall be completéd within twelve (12) months from the date of commencement of said improvenents.

G. No construction shall ‘be commenced unless and until # a returnable debris deposit of $500.00+has been posted by the Unit Owner with the Association. The debris deposit shall be used to correct any damage to the common areas resulting from the construction activity. If no damage is done to the common areas by the construction activity, the debris deposit will be returned to the Unit Owner. Si FY 11.7. Variances. The ACC may authorize / variances from compliance with any of the provisions of the current architectural

uction activity, the debris deposit will be returned to the Unit Owner. Si FY 11.7. Variances. The ACC may authorize / variances from compliance with any of the provisions of the current architectural standards, if any, when circumstances such as topography, natural obstructions, hardship, 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 be effective unless in writing, unless in compliance with the restrictions set forth in this Declaration, and unless such variance will not estop 35 40 ‘Od LE0¢ 60LT the Association from denying a variance in other circumstances.

For the purposes of this paragraph, the inability to obtain approval of any governmental agency; the issuance of any permit; or the terms of any financing shall not be considered a hardship warranting a variance.

ARTICLE XII Py i VYSE RESTRICTIONS A FS 12.1. Residential Uses. The Properties shall be used only for residential, recreational, and related purposes (which may include, wicnoyk \ limitation, offices for any property manager retained bythe. Association or business offices for the Association), and limited portions of the Common Areas may be used in a commercial capacity as may more particularly be set forth in this Declaration, Subsequent Amendments hereto, or subsequently recorded declarations/creating Neighborhood Associations subject to this Declaration. © fhe declaration or other creating document for any Neighborhood Association may impose stricter standards than those contained in this Article. The Board shall have standing to enforce such standards...) . » 12.2. Use Restrictions. \The Board shall have the authority

ociation may impose stricter standards than those contained in this Article. The Board shall have standing to enforce such standards...) . » 12.2. Use Restrictions. \The Board shall have the authority to make and enforce standards ‘and restrictions governing the use of the Properties, in addition;to those contained herein, and to impose reasonable user fees for use.of the Recreational Facilities.

Such regulations and use restrictions shall be binding upon all Owners and occupants until and.Ainless overruled, canceled, or modified in a regular or special, meeting of the Association by Voting Members representing a majority of the Class "A" votes in the Association and by the vote of the’ Class "B" member, so long as such membership shall exist. ee A. Signs. No sign, symbol, .,Wame, address, notice, or advertisement shall be inscribed or exposed’ on or at any window or other part of a Unit or Common Areas without the prior written approval of the Board. The Board or the Deyeloper shall have the right to erect signs as they, in their sole discretion, deem appropriate. i Of yy B. Parking and Garages. Vehicles shai ‘be parked only in the garages or in the driveways serving the ,Units or in the appropriate spaces or designated areas in whic sparking may be assigned, and then subject to the reasonable rules and.regulations adopted by the Board. Vehicles shall not be parked~overnight on Roads or swales. All commercial vehicles, recreational vehicles, trailers, campers, camper trailers, boats, watercraft, motorcycles, atvs, and boat trailers must be parked entirely within a garage unless otherwise approved by the Board. No garage shall be used as 36 40 ‘Od LE0¢ OTLT a living area. No garage shall be altered in such a manner that

trailers must be parked entirely within a garage unless otherwise approved by the Board. No garage shall be used as 36 40 ‘Od LE0¢ OTLT a living area. No garage shall be altered in such a manner that the number of automobiles which may be parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constructed.

Cc. Qccupants Bound. All provisions of the Homeowners Documents and of any Rules and Regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners, and which provide for sanctions against Owners, shall also apply to all occupants of any Unit.

ae & p,“ Animals and Pets. No animals shall be raised, bred, or kept in ary Unit, except that dogs, cats, or other household pets may be kept on the Unit, provided they are not kept, bred or maintained fer any commercial purpose, or in numbers deemed unreasonable by.“the Board. Notwithstanding the foregoing, no animal may be kept in the Unit, which in the judgment of the Board results in a nuisance or is obnoxious to the residents in the vicinity. No Owner ‘shall be permitted to maintain in his or her Unit a bull terrier/(pit bull), or any dog or dogs of mean or of violent temperament or otherwise evidencing such temperament. Pets shall not be permitted in any of the Common Areas unless under leash. Each pet owner “shall be required to clean up after his or her pet. Each Owner by acquiring an Unit agrees to indemnify the Association, and hold it\harmless against any loss or liability resulting from his or her, his or her family member's, or his or her lessee's ownership ofa, pet. If a dog or any other animal becomes obnoxious to other Unit Owners by barking or otherwise, the

ility resulting from his or her, his or her family member's, or his or her lessee's ownership ofa, pet. If a dog or any other animal becomes obnoxious to other Unit Owners by barking or otherwise, the Owner shall remedy the problem; or upon written notice from the Association, he or she will bé required to dispose of the pet.

WE OBS E. Nuisance. No Unit’ shall be used, in whole or in part, for the storage of any property.or\thing that will cause such Unit to appear to be in an unclean of untidy condition or that will be obnoxious to the eye; nor shallvahy substance, thing, or material be kept in any Unit that will emit a foul or obnoxious odor or that will cause any noise or other/condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property or to Village Walk as a whole.

No illegal, noxious, or offensive activity Shall be carried on in any unit, nor shall anything be done thereon tending to cause a nuisance to any person using any property adjacent to the Unit.

There shall not be maintained any plants, animals, devices, or things of any sort whose activities or existence’ in any way is noxious, dangerous, unsightly, unpleasant, or of a.nature as may diminish or destroy the enjoyment of the Properties. /..

F. Unsightly Conditions. All weeds, rubbish, debris, or unsightly materials or objects of any kind shall be regularly removed from the Units, and shall not be allowed to accumulate thereon. All refuse containers (except on scheduled trash pick- up 37 40 ‘Dd LE02 ITLT days), all machinery and equipment, and other similar items of personal property shall be obscured from view of adjoining streets, Units or Common Areas. All Units shall be kept in a clean and

02 ITLT days), all machinery and equipment, and other similar items of personal property shall be obscured from view of adjoining streets, Units or Common Areas. All Units shall be kept in a clean and sanitary condition and no rubbish, refuse, or garbage shall be allowed to accumulate, or any fire hazard allowed to exist. In the event an Owner fails to maintain his Unit as required, for a period of at least thirty (30) days, the Association shall have the right, exercisable in its discretion, to clear any rubbish, refuse, or unsightly debris and/or growths from any Unit deemed by the Association to be a health menace, fire hazard or a detraction from the aesthetic~appearance of Village Walk; provided, however, that at least fifteen (15) days prior notice shall be given by the Association to the Owner of such Unit before such work is done by the Association’ In the event the Association, after such notice, causes the subject work to be done, then, and in that event, the costs of such work, together with interest thereon at the maximum rate permitted by the usury laws of the State of Florida, shall be charged to the Owner and shall become a lien on the Unit, which lien shall be effective, have priority and be enforced pursuant to the procedures set forth-in this Declaration.

G. antennas( , No.exterior antennas, aerials, satellite dishes, or other apparatus..for the reception or transmission of television, radio, or other.signals of any kind shall be placed, allowed, or maintained .upon \any portion of the Properties, including any Unit, without the prior written approval of the ACC.

H. f Unit. Units shall not be further subdivided or separated by any-Owner, and no portion less than all of any such Unit, nor any easement’shall be conveyed or transferred

ritten approval of the ACC.

H. f Unit. Units shall not be further subdivided or separated by any-Owner, and no portion less than all of any such Unit, nor any easement’shall be conveyed or transferred by an Owner; provided, however,-.that this shall not prevent corrective deeds, deeds to resolve boundary disputes and other similar corrective instruments. “Developer, however, hereby expressly reserves the right to subdivide, replat, or otherwise modify the boundary lines of any Unit..or Units owned by the Developer. Any such division, boundary dine change, or replatting shall not be in violation of the applicable Municipal subdivision and zoning regulations. oes we Be if if I. Pools. No above-ground pools ‘shall be erected, % ee J. Irrigation. No sprinkler or irrigation systems of any type which draw water from lakes, rivers,..ponds, canals or other ground or surface waters within the Properties shall be installed, constructed or operated by an Owner within the Properties unless prior written approval from theACC has been obtained.

K. i j . Catch basins and drainage areas are for the purpose of natural flow of water only.

38 40 ‘Od LE02 cILt No obstructions or debris shall be placed in these areas. No Person, other than the Developer, or the South Florida Water Management District, may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Developer hereby reserves a perpetual easement across the properties for the purpose of altering drainage and water flow. Septic systems are prohibited on the Properties.

L.. Tree Removal. No trees shal) be removed, except for diseased or dead trees and trees needing to be removed to promote

ring drainage and water flow. Septic systems are prohibited on the Properties.

L.. Tree Removal. No trees shal) be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved by the ACC. Ow 7 All property located at street intersections-shall be landscaped so as to permit safe sight across street corners. .No’fence, wall, hedge, shrub, or planting shall be placed or permitted to remain where it would create a traffic or sight problem. erp N. Lighting. Except for seasonal decorative lights, which may be displayed between December 1 and January 10 only, all exterior lights must be approved by the ACC.

win tes 1 ve : Similar Items. No artificial vegetation shall be permitted on the exterior of any portion of, the Properties. Exterior sculpture, fountains, flags, and similar. items must be approved by the ACC.

a P. a i. j . 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. No “Solar, energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed unless it~is“ahn integral and harmonious part of the architectural design of, a ‘structure, as reasonably determined by the ACC. No solar panel, vents, or other roofmounted, mechanical equipment shall project more than 1.5 feet above the surface of the roof of a Unit#“ and all such equipment shall be painted consistent with the color scheme of the roof of the Unit. This provision is not intended to prohibit the use of 4 solar energy devices. a; tay Q. We ies. All lakes; canals, and water bodies within the Properties shall be primarily aesthetic amenities

e Unit. This provision is not intended to prohibit the use of 4 solar energy devices. a; tay Q. We ies. All lakes; canals, and water bodies within the Properties shall be primarily aesthetic amenities and all other uses thereof, including, without imitation, fishing, boating, swimming, playing, or use of personal flotation devices, shall be subject to the Rules and Regulations of the.Board. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, canals, or water bodies within the Properties.

39 40 ‘Od LEN? : ETLT R. Recreational Facilities. All recreational facilities and playgrounds furnished by the Association or erected within the Properties, if any, shall be used at the risk of the user, and the Association shall not be held liable to any person or persons for any claim, damage, or injury occurring thereon or related to use thereof.

S. Business Use. The Units shall be used solely for Single Family purposes. Nothing herein shall be deemed to prevent an Owner from leasing a home to a Single Family, subject to all of the terms; conditions, and covenants contained in this Declaration.

The Units shall.not be used in any trade, business, professional, or commercial’ capacity. Nothing contained herein shall prohibit the Developer. from carrying on any and all types of construction activity neceSsary to complete Village Walk, including the construction and operation of a sales model and office by the Developer until all of the Units have been sold.

Tg, 7 Ge’ All draperies, curtains, shades, or other window coverings installed in a Unit, and which are visible from the exterior of a Unit, snail have a white backing, unless otherwise approved by the ACC. ( _)

ll draperies, curtains, shades, or other window coverings installed in a Unit, and which are visible from the exterior of a Unit, snail have a white backing, unless otherwise approved by the ACC. ( _) U. Vehicles.~ No motorcycle, all-terrain vehicle (including passenger cars“ with four-wheel drive, i.e. Jeeps, Broncos, and similar vehicles), \truck, trailer, boat, van, camper, motorhome, bus, or similar’vehicle shall be parked on any part of the Properties, any driveway, or ‘designated parking space within vehicles, vans, or trucks delivering goods or furnishing services temporarily during daylight hours, <and (3) upon such portions of the Properties as the Board ma’ ‘jointly, in their discretion, allow. In the event that there is a dispute concerning the type of vehicle, then the decision of a” majority of the Board shall control. The Association shall have. the\.right to authorize the towing away of any vehicles in violation jof this rule with the costs and fees, including attorneys' fees,/if any, to be borne by the vehicle owner or violator. we Vv. Hurricane Season. Each Unit Owner who intends to be absent from his home during the hurricane season.(June 1 - November 30 of each year) shall prepare his Unit prior to his departure by doing the following: oe fe” oe.

(i) Removing all furniture, potted plants, and other movable objects from his yard; and ff...

(ii) Designating a responsible person or firn, satisfactory to the Association, to care for his Unit should it suffer hurricane damage. Such person or firm shall also contact the Association for permission to install temporary hurricane 40 40 ‘Od LE0C : pILT shutters, which must be removed when no longer necessary for storn

ne damage. Such person or firm shall also contact the Association for permission to install temporary hurricane 40 40 ‘Od LE0C : pILT shutters, which must be removed when no longer necessary for storn protection. At no time shall hurricane shutters be permanently installed, without the consent of the ACC.

(w) Golf Carts. All golf carts leased, owned, or otherwise used by Owners may be parked, placed, or stored only in the Unit garages. No golf cart shall be placed, parked, or stored on the lawn of any Unit or on any portion of the Common Areas, unless such area is specifically designated as a golf cart parking area by the/ Board. No golf cart shall be driven outside the entrance area or boundaries of Village Walk. Owners of golf carts, by operating’ same within Village Walk shall be presumed to have released the Developer and the Association of all liability arising from an Owner's/ use of his golf cart. Each year, the Owners of golf carts shall provide the Association with prcof of liability insurance in connéction with the operation of their golf carts, and such insurance’shal] have such limits as shall be approved by the Association in its sole discretion. Each such insurance policy shall name the Association as an additional insured, and shall provide the Association with thirty (30) days notice prior to it cancellation. An Owner.who uses a golf cart shall be held fully responsible for any and all damages resulting from the misuse of a golf cart caused by “the \Owner, his family members, guests, licensees, invitees, employees, or agents, and the Owner shall reimburse the Association. for \any and all damages the Association may sustain by reason of such misuse. Such damages shall be collectible as a Special AsSessment pursuant to the procedures for

shall reimburse the Association. for \any and all damages the Association may sustain by reason of such misuse. Such damages shall be collectible as a Special AsSessment pursuant to the procedures for such assessments set forth h rein, ha X. . The Unit Owners shall abide by each and every Rule and Regulation promulgated from time to time by the Board. The Board shall give an Owner in violation of the Rules and Regulations, written noticé of the violation by U.S.

Certified Mail, return receipt requésted;, and fifteen (15) days in which to cure the violation. Should: the} Association be required to seek enforcement of any provision of this-Declaration or the Rules and Regulations and prevail in such action, Ahen the offending Unit Owner (for himself or for his family, guests, invitees, or lessees) shall be liable to the Association for all costs incurred in the enforcement action, including reasonable attorneys’ fees, whether incurred in trial or appellate proceedings. or otherwise.

: ARTICLE XIII Without limiting the types of units which may be developed within Village Walk, the Developer may construct zero-lot-line single family homes. The restrictions, covenants, and provisions set forth herein shall apply to such homes, and may be modified, 41 40 ‘Od LEC : cILT deleted, or supplemented by Subsequent Amendment.

13.1. Maintenance of Exterior of Home. Each owner shall maintain the exterior of his single family home, including the walls (excluding the “Lot Perimeter Wall" as defined herein) and fences in good condition and repair. The Lot Perimeter Wall shall be defined to mean and refer to that exterior wall of a zero-lot-line single family home which is located not more than five (5) feet from the lot line or boundary. Notwithstanding the

eter Wall shall be defined to mean and refer to that exterior wall of a zero-lot-line single family home which is located not more than five (5) feet from the lot line or boundary. Notwithstanding the foregoing, the Association shall be responsible for the normal and routine painting of the exterior walls of such homes. The Board shall determine the need for painting from time to time. All costs reasonably rélated to said painting by the Association shall be incurred asa Common Expense.

13.2. inten . Each Owner shall maintain his own lawn, Yandscaping, and the sprinkler system located in the rear yard of his lot,\which shall include all portions of the lot behind and including the vertical plane of the gated wall or fence between a zero-lot-line single family home and an adjacent Lot Perimeter Wall. “The Association shall maintain the lawn, landscaping, and the sprinkler system located in the front yard (street side) of each Lot. \ 13.3. Ils. Maintenance of the Lot Perimeter Wall shall be the obligation of the Owner of the lot adjacent to the Lot Perimeter Wall. cpe/adiacent lot owner shall have an easement over that portion /of the adjacent lot on which a Lot Perimeter Wall has been located;".as specified herein, in order to maintain and to make superfitialrepairs to said Lot Perimeter Wall. However, in no event, shallvany Person make any structural or other changes in the walls,“inecluding, but not limited to, change of paint color, without the express written approval of the Architectural Control Committee. Structural repairs to the Lot Perimeter Wall shall be performed solely’by the Association or its assigns. In the event the Board shal) determine that the Lot Perimeter Wall has been damaged by thé adjacent lot owner, that

the Lot Perimeter Wall shall be performed solely’by the Association or its assigns. In the event the Board shal) determine that the Lot Perimeter Wall has been damaged by thé adjacent lot owner, that owner shall be responsible for repairing“such damage in a timely manner and in accordance with the standards.established by the Board. In the event such repair is not _g6 agcomplished by said adjacent lot owner within thirty (30) days, unless extended by the Board, the Association shall have the right at“reasonable times to enter the adjacent lot to effect such repair, and/the cost thereof shall be assessed to the adjacent lot owner, and, if. not paid ina timely manner, shall become an Special Assessment upon such adjacent Lot. Yh.

13.4. Party Fences. Those walls or fences which are constructed between two adjoining lots and are to be shared by the Owners of said adjoining lots are to be known as and are hereby declared to be "Party Fences". Party Fences shall be the joint 42 40 e e ‘Od LEO?

OTLT maintenance obligation of the Owners of the lots bordering the fences. Each Owner shall have the right to full use of said fence subject to the limitation that such use shall not infringe on the rights of the Owner of the adjacent lot or in any manner impair the value of said fence. Each Owner shall have the right and duty to maintain and to perform superficial repairs to that portion of a Party Fence which faces such Owners's lot. The cost of said maintenance and superficial repairs shall be borne solely by said Owner. In the event of damage or destruction of the Party Fence from any cause whatsoever, other than negligence or willful misconduct of: one of the adjacent lot owners, the Owners of the adjacent lots shall, at their joint expense, repair and rebuild

Party Fence from any cause whatsoever, other than negligence or willful misconduct of: one of the adjacent lot owners, the Owners of the adjacent lots shall, at their joint expense, repair and rebuild said fence within 30 days, unless extended by the Board. In the Owners shall-agreeé.on the cost of such repairs or rebuilding, and shall agree on.the person or entity to perform such repairs, provided however, all such repairs must be performed by a qualified contractor. If the Owners cannot agree on the cost of such repairs ee or on the person“or /entity to perform such repairs, each Owner ¥ shall choose a member of the Board to act as their arbiter. The Board members so chosen.shall agree upon and choose a third Board member to act as an additional arbiter. All of the said Board members shall thereafter, choose the person or entity to perform the repairs and shall assess the ‘costs of such repairs in equal shares to the Owners. Whenever ‘any such fence or any part thereof shall be rebuilt, it shall be erected in the same manner and be of the same size and of the same or similar materials and of like quality and color and at the same location where it was initially constructed. Provided, thatif. such maintenance, repair or construction is brought about ‘solely. by the neglect or the willful misconduct of one lot Owner, any expense incidental thereto shall be borne solely by such wrongdoer...» If, the lot Owner shall refuse to repair or reconstruct the fence within 30 days, unless extended by the Board, and to pay his share,~all “all or part of such cost in the case of negligence or willful misconduct; the Association may have such fence repaired or reconstructed and ‘shall be entitled to a

he Board, and to pay his share,~all “all or part of such cost in the case of negligence or willful misconduct; the Association may have such fence repaired or reconstructed and ‘shall be entitled to a lien on the lot of the Owner so failing.to pay for the amount of such defaulting Owner's share of the repair or replacement. In the event repairs or reconstruction shall be necessary, all necessary entries on the adjacent lots shall not be deemed a trespass so long as the repairs and reconstruction shall be_done.in a workmanlike manner, and consent is hereby given to enter on the adjacent lots to effect necessary repairs and reconstructions / . . % 13.5. Failure to Maintain. In the event an Owner of any lot shall fail to maintain the premises and the improvements thereon, as provided herein and in accordance with the. Community-Wide Standard, the Association, after notice to the Owner, shall have the right to enter upon any lot to correct drainage and to repair, maintain and restore the exterior of the zero-lot-line single family homes and party fences and any other improvements erected 43 40 e e ‘Dd LE02 LTLT thereon. All costs related to such correction, repair or restoration shall become an Special Assessment against such lot.

13.6. Casualty Insurance. Each Owner of a zero-lot-line single family home shall maintain physical damage insurance for such home in any amount equal to the replacement value of the home.

The Association may require that each such Owner provide proof of insurance. Should any such Owner fail to provide proof of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Special Assessment against such Unit.

5 a Ss Bag agate, ARTICLE XIV

f of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Special Assessment against such Unit.

5 a Ss Bag agate, ARTICLE XIV Without limiting ) the types of Units which may be developed within village Walk,’ the Developer may construct single family attached homes with Village Walk. The restrictions, covenants, and provisions set forth-herein shall apply to such attached hones, and may be modified,( deleted, or supplemented by Subsequent Amendment. ‘sachs ga Me ASS 14.1. Utility Easements.

ae, ae, A. Each attached h me ‘Owner grants to all other Owners owning a attached home in the same building a perpetual utility easement for water, sewer, power, telephone and other utility and service company lines and systems“installed beneath or within the attached home. gp OD B. Any expense caused ,by, the necessary access of authorized personnel of the utility or service company to service lines affecting all Units within an ‘attached home building, and which are located beneath or within’thé attached home building shall be shared equally by each of the attached home Owners in the building affected; provided, however, that. where the necessary access by authorized personnel of the utility-or service company is required because of the intentional or negligent misuse of the utility or service company line or system~by—an attached home Owner, his lessee, licensee, invitee, or agent, any) expense arising therefrom shall be borne solely by such Owner... Any expense caused by the necessary access of authorized personnel: of\.the utility or service company to service lines located within the Common Areas shall be paid by the Association as a Common Expense, or where

used by the necessary access of authorized personnel: of\.the utility or service company to service lines located within the Common Areas shall be paid by the Association as a Common Expense, or where appropriate, in the sole discretion of the Board, through a Neighborhood Assessment.

40 ‘Od LE02 SILT 14.2. Common Walls and Roofs.

A. The attached home Units comprising each building are single family attached Units with common walls, known as “party walls", between each Unit that adjoins another Unit. The center line of a party wall is the common boundary of the adjoining Unit.

B. Each common wall in a attached home Unit shall be a party wall, and any party to said wall, his heirs, successors, and assigns shall. have the right to use same jointly with the other party to-said-wall as herein set forth. The term “use” shall and does includé normal interior usage such as paneling, plastering, decoration, érection of tangent walls and shelving but prohibits any form of alteration which would cause an aperture, hole, conduit, break or. other displacement of the original concrete or other material forming said party wall.

Cc. The entire roof of the attached home Unit building, any and all roof strycture support, and any and all appurtenances to such structures, including without limitation, the roof eand roof drainage fixtures, shall be €o as, "shared roofing".

D. If a attachéd.home Unit is damaged through an act of God or other casualty, the ‘affected Owner shall promptly have his Unit repaired and rebuilt substantially in accordance with the architectural plans and specifications of the attached home Unit building. In the event such damage or destruction of a party wall or shared roof is caused solely by the neglect or willful

ce with the architectural plans and specifications of the attached home Unit building. In the event such damage or destruction of a party wall or shared roof is caused solely by the neglect or willful misconduct of a attached home Owner, any expense incidental to the repair or reconstruction of such wall or shared roof shall be borne solely by such wrongdoer. If the attached home Owner refuses or fails to pay the cost of such ‘repair or reconstruction, the Association shall have the right to complete such repair and reconstruction substantially in accordahes with the original plans and specifications of the affected building, and the Association shall thereafter have the right to specially assess said attached home Owner for the costs of such repair and-re-construction.

a E. The cost of maintaining each side of a party wall shall be borne by the attached home Owner using-.said side, except as otherwise provided herein. Cod.

covering, roof trim, collectively referred.

F. No attached home Owner shall authorize ithe painting, refurbishing or modification of the exterior surfaces or shared roof of his attached home without the consent of the ‘ACC. Normal maintenance of the exterior surfaces, such as pressure cleaning, repainting and refinishing, may be done uniformly at the same time for the entire attached home Neighborhood by the Association through a Neighborhood Assessment.

45 40 ‘Od LE02 : 6ILT 14.3. Maintenance of the Exterior of the Attached Homes.

A. The Association shall at all times be responsible for the maintenance and care of the exterior surfaces of the attached home Units. The term "Exterior of the Attached home Unit" shall include, but not be limited to, the exterior walls and shared roofing, but excluding any exterior lights. The Association shall

attached home Units. The term "Exterior of the Attached home Unit" shall include, but not be limited to, the exterior walls and shared roofing, but excluding any exterior lights. The Association shall not be responsible for the repair or replacement of any screens on any attached home Unit, nor shall the Association be responsible for the replacement of any glass. Repair and replacement of any screens or, glass and the maintenance of any landscaping or shrubbery located within any patio of a attached home Unit shall be the responsibility of a attached home Unit Owner.

B. The ‘Neighborhood Assessment or Special Assessment required to maintain the exterior of the attached home Units by the Association in accordance with this Article may be made pursuant to the assessment powers and lien rights set forth herein.

14.4. nat . Each attached home Owner shall maintain his own lawn, landscaping, and the sprinkler system located in the rear yard of his lot. The rear yard of an attached home Unit includes all° portions of the Unit behind an imaginary line which extends perpendicularly from the front door of a Unit to the Unit boundary closest\to such door. The imaginary line is drawn from the horizontal“plane of the front door while it is in its fully open position. The ,Association shall maintain the lawn, landscaping, and the sprinkler. system located in the front yard (street side) of each attached home Unit.

a a 14.5. Casualty Insurance.” Each Owner of an attached home shall maintain physical damage -insufance for such home in any amount equal to the replacement value.of.the home. The Association may require that each such Owner” provide proof of insurance.

Should any such Owner fail to provide ‘proof of insurance upon

e in any amount equal to the replacement value.of.the home. The Association may require that each such Owner” provide proof of insurance.

Should any such Owner fail to provide ‘proof of insurance upon request, the Association may purchase.-the’ required insurance, and the costs of such insurance may be leviaa- gs a Special Assessment against such Unit. aa ARTICLE XV 15.1. ' gf, the special rights and obligations of the Developer may be transferred or assigned to other Persons, provided that the transfer or-assignment 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 the Developer and duly recorded in the Public Records of the County.

46 40 e ¢ ‘Od LE0?

0CLT Nothing in this Declaration shall be construed to require Developer or any successor or assign to develop any property other than the property described in Exhibit "A".

15.2. Developer's Sales Offices. Notwithstanding any provisions contained in the Declaration to the contrary, so long as construction and sales of Units shall continue, it shall be expressly permissible for Developer to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of Developer, may be reasonably required, convenient, ,or incidental to the construction or sale of such Units, including, but not limited to, business offices, signs, model units, “and sales offices, and the Developer shall have an easement for access to such facilities. The right to maintain and carry on such.fdécilities and activities shall include specifically the right to use“Units owned by the Developer and any facility which may be owned by the Association, as models and sales offices,

d carry on such.fdécilities and activities shall include specifically the right to use“Units owned by the Developer and any facility which may be owned by the Association, as models and sales offices, respectively. one 15.3. ff - So long as Developer continues to have rights under’this. Article, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium:or similar instrument affecting any portion of the Properties. ithout Developer's review and written consent thereto, and any ‘attempted recordation without compliance herewith shall result in such-declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and/ of\ no force and effect unless subsequently approved by recorded consent signed by the Developer.

Sue oo Pd ; 15.4. }oper's Rights. This Article may not be amended without the express written consent of the Developer; provided, however, the rights contained in this Article shall terminate upon the earlier of .4a) twenty-five (25) years from the date this Declaration is recordéd,, or (b) upon recording by Developer of a written statement that all sales activity has ceased. “3 } ARTICLE XVI Q Vv ow 2 The following provisions are for the-benef insurers, and guarantors of first Mortgages: ort Grits in the Properties. The provisions of this Article apply to-the Homeowners Documents, notwithstanding any other provisions contained therein.

it of holders, A 16.1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage who provides written request to the Association (such request to state the name and address of such 47 tO ‘Dd LE02 Tet holder, insurer, or guarantor and the Unit number, therefore

of a first Mortgage who provides written request to the Association (such request to state the name and address of such 47 tO ‘Dd LE02 Tet holder, insurer, or guarantor and the Unit number, therefore becoming an “Eligible Holder"), will be entitled to timely written notice of: A. Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; B. Any delinquency in the payment of Assessments or charges owed by an Owner of a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60)° days; provided, however, notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of a Unit of any obligation under the en Homeowners Docu s which is not cured within sixty (60) days?

c. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or D. Any proposed jaction which would require the consent S of a specified percentage 6f.Eligible Holders. “* 16.2. j >“ provi: So long as required by the ae Federal Home Loan Mortgage’ Corporation, the following provisions ~ apply in addition to and not’ inlieu of the foregoing. Unless at oe least 67% of the Institut ignal Mortgages or Voting Members oe representing at least 67% of the total Association vote entitled to — be cast thereon consent, the Association shall not: me MO OS RO A. By act or omission.séek to abandon, partition, subdivide, encumber, sell or transfer’ all or any portion of the real property comprising the Common Area which the Association

shall not: me MO OS RO A. By act or omission.séek to abandon, partition, subdivide, encumber, sell or transfer’ all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for public utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed /a transfer within the meaning of this subsection); “sail B. Change the method of determihing the obligations, Assessments, or other charges which may be levied against an Owner of a Unit (A decision, including contracts,“ by) the Board of provisions of any declaration subsequently recordes“on any portion of the Properties regarding Assessments for Neighborhoods or other similar areas shall not be subject to this provision, where such decision or subsequent declaration is otherwise authorized by this Declaration.); (pu Cc. By act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of 48 Units and of the Common Area (The issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision.) ; D. Fail to maintain insurance, as required by this Declaration; or E. Use hazard insurance proceeds for any Common Area losses for. other than the repair, replacement or reconstruction of such propert a Institutional Mortgagees may, jointly or singly, pay taxes or other charges. which are in default and which may or have become a charge againstthe, Common Area and may pay overdue premiums on casualty insurance’ policies or secure new casualty insurance

taxes or other charges. which are in default and which may or have become a charge againstthe, Common Area and may pay overdue premiums on casualty insurance’ policies or secure new casualty insurance coverage upon the lapse of an Association policy, and Institutional Mortgagees making..suc payments shall be entitled to immediate reimbursement from the Association.

16.3. “provi: for Mortgagees. To the extent possible under Florida; aur A. Any restoration, or repair of the Properties after a partial condemnation or damage due to an uninsurable hazard shall be performed substantially in<accordance with this Declaration and the original plans and specifi eations.

B. Any election ‘toterminate the Association after substantial destruction or substantial taking in condemnation shall require the approval of at least” E28, of the Eligible Holders of first Mortgages on Units. ws ‘ 16.4. . The following or termination of the Association made’asa * result of destruction, damage, or condemnation pursuant to Sect io 17.3 above, or to the addition of land in accordance with Article II.

A. Consent to Termination. ‘the. jeonsent of Voting Members representing at least 67% of the Class) "A": votes and of the Developer, so long as it owns any land subject: ‘to this Declaration, and the approval of the Eligible Holders of. fipst, Mortgages on Units to which at least 67% of the votes of the Units, subject to a Mortgage appertain, shall be required to terminate the Association.

B. Consent to Amendments. The consent of. Gceihg Members representing at least 51% of the Class "A" votés and of the Developer, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on

g Members representing at least 51% of the Class "A" votés and of the Developer, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of the Units subject toa 49 40 ‘Od LE02 EeLI Mortgage appertain, shall be required to materially amend any provisions of the Declaration, By-Laws or Articles, or to add material provision thereto which establish, provide for, govern, or regulate any of the following: (i) Voting; (ii) Assessments, assessment liens, or subordination of such liens; 4 paid) Insurance or fidelity bonds; diy) Rights to use the Common Areas; the Properties; ~ (vi) _Expansion or contraction of the Properties or the addition, annéxation, or withdrawal of Properties to or from # the Association; —§/ my ries of any Unit; (vii) Botnd (viii) Leasing of Units; (ix) Imposition jof any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; \ Ce OS (x) Any provisions“included in the Declaration, ByLaws, or Articles which are for the express benefit of holders, guarantors, or insurers of first’Mortgages on Units.

16.5. No Priority. No provis{on ofthe Homeowners Documents gives or shall be construed as giving’ any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner .of /insurance proceeds or condemnation awards for losses to or a taKing.of the Common Areas.

16.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association bre pane and address of the holder of any Mortgage encumbering such Owner!s Unit.

4 Jf 22

Areas.

16.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association bre pane and address of the holder of any Mortgage encumbering such Owner!s Unit.

4 Jf 22 16.7. Amendment by Board. Should the Féderal National Mortgage Association or the Federal Home Loan Moitgade) corporation subsequently delete any of their respective requiréments which necessitate the provisions of this Article or “make” any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.

40 ‘Od LEO? : bell 16.8. Failure of Mortgagee to Respond. Any Mortgagee who receives 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 Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested.

ARTICLE XVII 7. RNEORCEMENT OF DECLARATION “8 FN The enforcement of this Declaration may be by proceeding at law for damages or ‘in equity to compel compliance with its terms or to prevent vigiptien or breach of any of the covenants or terms herein. The Developer, the Association, or any Unit Owner may, but shall not be required to, seek enforcement of the Declaration. Any Unit Owner who seeks enforcement of this Declaration shall by his actions be deemed to have indemnified the Developer and the Association from all liabilities resulting from his actions.

Should the party seeking enforcement be the prevailing party in any action, then the person\against whom enforcement has been sought

nd the Association from all liabilities resulting from his actions.

Should the party seeking enforcement be the prevailing party in any action, then the person\against whom enforcement has been sought shall pay all costs and reasonable attorneys' fees at all trial and appellate levels to the prevailing party.

wae <n A : ait oy ARTICLE\XVIII i # a 18.1. Amendments Generally” Until the closing of the first conveyance of a Unit by Developer to an Owner, other than Developer (“Amendment Date"), any amendment may be made by the Developer with consent of any mortgagee who has advanced funds for construction or who is under contract to advance construction funds, if any. With the exception of Subsequent Anendments, which may be made at any time; after the Amendment Date, this Declaration may be amended only by consent of fifty~one percent (51%) of all Unit Owners.

18.2. Limitation on Amendments. Any..amendment which would affect the surface water management systen, incYuding environmental conservation areas and the water management portions.of the Common Areas, must have the prior approval of the Sourn Florida Water Management District. ley 18.3. Serivener's Errors. Prior to the Transfer'Date, the Developer may amend this Declaration in order “to correct a scrivener's error or other defect or omission without the consent of the Owners or the Board; provided that such amendment is reasonable and does not adversely affect in a material manner an 51 40 ¢ a ‘Od LE0 Gell Owner's property rights. Such an amendment shall be signed by the Developer alone and a copy of the amendment shall be furnished to each Owner, the Association, and all institutional mortgagees as goon after recording thereof amongst the public records of the County, as is practicable.

a copy of the amendment shall be furnished to each Owner, the Association, and all institutional mortgagees as goon after recording thereof amongst the public records of the County, as is practicable.

18.4. Effective Date of Amendments. An amendment to the Declaration shall become effective upon the recordation amongst the public records of the County.

ot ae é oo ARTICLE XIX CONVEYANCES In order to Assure a community of congenial residents and thus protect the value of the Units in Village Walk, the sale or lease of Units shall be. subject to the following provisions: 19.1. x 3S . Not less than 20 days prior to: (i) the date of any closing of a sale, or (ii) or the effective date of any lease; the’Unit Owner shall notify the Association in writing of his or her intention to sell or lease his or her Unit and furnish with such notification a copy of the contract for purchase and sale or a copyof.the lease, whichever is applicable.

Except as provided below, it <is, not the intention of this Article to grant to the Association aright of approval or disapproval of purchasers or lessees. It is, however, the intent of this paragraph to impose an affirmative duty on the Unit Owners to keep the Association fully advised of any changes in occupancy or ownership for the purposes of facilitating the management of the Association's membership records« As this Article is a portion of the Declaration which runs with the land, any transaction which is conducted without compliance with this Article may be voidable by the Association. an 19.2. Lease Agreement Terms. Any.a all lease agreements between an Owner and a lessee of such | er shall be in writing, shall provide for a term of not less than four. (4) months, and must provide that the lessee shall be subject in all respects to the

nts between an Owner and a lessee of such | er shall be in writing, shall provide for a term of not less than four. (4) months, and must provide that the lessee shall be subject in all respects to the terms and provisions of this Declaration and that any failure by the lessee under such lease agreement to comply’with such terms and conditions shall be a material default and breach of the lease agreement. The lease agreement shall also state the party who will be responsible for the assessments as stated abové, and it shall be the obligation of all Unit Owners to supply the Board. with a copy of said written agreement prior to the lessee. occupying the premises. Unless provided to the contrary ina leasé agreement, an Unit Owner, by leasing his Unit, automatically delegates his right of use and enjoyment of the Common Areas and facilities to his lessee; and in so doing, said Owner relinquishes said rights 52 %0 Od LEO : 92LT during the term of the lease agreement.

19.3. Association Approval. Upon receipt of a copy of the contract for purchase and sale or a copy of the lease, the Association shall within ten (10) business days, issue a Certificate indicating the Association's approval of the transaction. In the event of a sale it shall then be the responsibility of the purchaser to furnish the Association with a recorded copy of the deed of conveyance indicating the owner's mailing address for all future assessments and other correspondence from the Association. Provided, however, prior to the issuance by the Association of a Certificate indicating the Association's approval of he; transaction, the purchaser or lessee shall be required to agree.to comply with the Rules and Regulations of the 0 Oa

of a Certificate indicating the Association's approval of he; transaction, the purchaser or lessee shall be required to agree.to comply with the Rules and Regulations of the 0 Oa 9.4. Delinguent Unit Owners. Notwithstanding the provisions above, in the event that an Unit Owner is delinquent in paying any assessment, or the “Owner or his buyer, family, guests, agents, licensees or invitees are not in compliance with any provisions of the Homeowners Documents, the Association has the right to disapprove of any sales and in the case of a lease, the right to disapprove of and to void ‘any lease at any time prior to or during the leasehold tenancy until, any delinquent assessment is paid and/or until any violation:.of the Homeowners Documents is corrected. eS 20.1. Consent to Termination. The consent of Voting Members representing at least 67% of the“Class "A" votes and of the Developer, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders \of first Mortgages on Units to which at least 67% of the votes’of /the Units subject toa Mortgage appertain, shall be required to:terminate the Association.

20.2. Termination and Documents. If this Declaration is terminated in accordance herewith, it is hereby. declared by the Developer, and each and every Owner of a Unit by“acquiring title to his Unit covenants and agrees, that the termina$ion’ documents shall require: OSs gy A. That all Units shall continue to be ‘used solely as Single Family residences. fi oy Se B. All Common Areas shall be owned and held in equal shares by the Unit Owners as tenants in common, and each Unit Owner shall remain obligated to pay his pro rata share of expenses to 53 40 ‘Dd LE02 an continually maintain the Common Areas.

ld in equal shares by the Unit Owners as tenants in common, and each Unit Owner shall remain obligated to pay his pro rata share of expenses to 53 40 ‘Dd LE02 an continually maintain the Common Areas.

20.3. Limitation on Termination. The Unit Owners and their grantees, successors, and assigns by acquiring title to a Unit covenant and agree that no termination of this Declaration shall be made for a period of twenty-five (25) years from the date of recordation of this Declaration. This Declaration and the terms, provisions, conditions, covenants, restrictions, reservations, regulations, burdens and liens contained herein shall run with and bind the subject property and inure to the benefit of Developer, the Association, the Owners, Institutional Mortgagees and their respective legal representatives, heirs, successors, and assigns for said period, After this period, the Declaration shall be automatically renewed and extended for successive periods of ten (10) years ‘each unless at least one (1) year prior to the termination of such-twenty- five (25) year term or any such ten (10) year extension there is recorded amongst the Public Records of the County, an instrument, signed by at least 67% of all Mortgagees holding Mortgages-encumbering the Units agreeing to terminate this Declaration, upon which event this Declaration shall be terminated upon the expiration“of twenty-five (25) years or the ten (10) year extension thereof during} which the termination instrument is Ss recorded. fey °° : no 20.4. Ww agement. . If the Association is bare terminated, the property consisting of the surface water management —_ conveyed to an appropriate agency\of local government, and if not G2

the property consisting of the surface water management —_ conveyed to an appropriate agency\of local government, and if not G2 accepted thereby, then it must he’ conveyed to a similar non-profit — corporation. WO gow — Oy Se ip GEO # > ARTICLE XXL MISCELLANEOUS; 21.1. No Waiver. The failure’ o} Association, or any Owner to object ‘to person's failure to comply with the Covenants and Restrictions contained herein shall in no event be deemed’ a waiver of any right to object to same and to seek compliance therewith in accordance 2h, with the provisions herein. i PY 1 Met AP oon 21.2. Headings. Article and paragraph--captions inserted throughout this Declaration are intended only“as]a matter of convenience and for reference only and in no wW y/ shall such captions or headings define, limit or in any way affect any of the terms and provisions of this Declaration. ae 21.3. Pronouns. Whenever the context requires, any pronoun used herein may be deemed to mean the corresponding masculine, 54 feminine or neuter form thereof, and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa.

21.4. Severability. In the event any one of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.

21.5~ /Partition. The Association may not convey, encumber, abandon, partition or subdivide any of the Common Areas without the approval of atl \Institutional Mortgagees.

21.6. meowners mments. The Association is required to make available to Owners, to Institutional Mortgagees, and to

ivide any of the Common Areas without the approval of atl \Institutional Mortgagees.

21.6. meowners mments. The Association is required to make available to Owners, to Institutional Mortgagees, and to holders, insurers or guarantors of any first Mortgage, current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations and other such documents governing the Association, as well as the books, records, and financial statements of the Association. "Available" shall be defined as obtainable for inspection, upon written request after reasonable notice, during normal businéss hours or under such other reasonable circumstances. Any holder®of a first mortgage shall be entitled, upon written request aft “-veasonable notice, to a _ financial statement of the Association¢for the immediately preceding fiscal year. we Lg y 21.7. Street Lighting. Thé Common Area street lighting will be obtained by the Developer fromFlorida Power & Light Company.

If required by Florida Power &Light Company, the Developer may secure, by a letter of credit“or~ other acceptable financial assurance, the street lighting for “period of not more than one responsible and liable for any financial, assurances required by Florida Power & Light Company at the expiration of said period.

40 ‘Dd LE02 : 62LT IN WITNESS The WHEREOF, the Declaration of Covenants and Restrictions for Village Walk has been signed by the Developer and the Association on the day and year first above set forth.

Developer and the Association have caused these presents to be executed in their names and their corporate seals to be hereunto rrived by their duly authorized officers.

VILLAG FLORID VILLAGE WALK DEVELOPMENT COMPANY, INC.

ר Corporate Seal) By:

ese presents to be executed in their names and their corporate seals to be hereunto rrived by their duly authorized officers.

VILLAG FLORID VILLAGE WALK DEVELOPMENT COMPANY, INC.

ר Corporate Seal) By: OTA CE (Coppegate Seal) RATIO STATE OF FLORIDA COUNTY OF PALM BEACH Robert S. Kairalla, President VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, By: INC.

Charles H. Hathaway, President The foregoing instrument was acknowledged before me this day of any 1995 by ROBERT S. ΚΑΙRALLA, President of VILLAGE WALK DEVELOPMENT COMPANY, INC., a Florida corporation, on behalf of the corporation. He is personally known to me.

OTARY PUB CHRISTINE SCALAMANDRE OFFICIAL NOTARY SEAL COMMISSION NUMBER CC404467 20 MY COMMISSION EXP.

TE OF FLOR AUG. 31,1998 Notary Public Printed Name: My Commission Expires: 1 My Commission Number: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH ED The foregoing instrument was acknowledged before me this Ph day off, 199 by CHARLES H. HATHAWAY, President of the VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida corporation not-for-profit, on behalf of the corporation.

OFFICIAL NOTARY SEAL NOTARY PUBL CHRISTINE SCALAMANDRE 등 TE OF FLOR COMMISSION NUMBER CC404467 MY COMMISSION EXP.

AUG. 31,1998 Notary Public Printed Name: My Commission Expires: My Commission Number: (SEAL) a:\vwdec 56 VILLAGE WALK, PHASE ONE DESCRIPTION wood.

A parcel of land located in Section 6, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the northwest corner of said Section 6; run S89°55'59"E along the north line of the northwest 1/4 of said Section 6 for a distance of 850.00 feet to the POINT OF BEGINNING; thence $89°55'59"E 1794.18 feet to the north 1 /4 corner of said Section 6;

55'59"E along the north line of the northwest 1/4 of said Section 6 for a distance of 850.00 feet to the POINT OF BEGINNING; thence $89°55'59"E 1794.18 feet to the north 1 /4 corner of said Section 6; thence run S89°55'26"E along the north line of the northeast 1/4 of said Section 6 for distance of 397.82 feet; thence S00°04'34"W 325.81 feet; thence S45°34'40°E 35.76 feet; thence S01°13'53"E 60.00 feet’to a point on a curve; thence 401.15 feet along the arc of a non-tangetial circular curve.concave to the northwest having a radius of 830.00 feet, a central angle of 27°41'20" and a chord: of 397.25 feet, bearing N74°55'19"E to a point of S45°00'00"W 245.09 feet; thence S00°00'00"E 890.48 feet; thence N89°54'09"W 992.65 feet; thence S46°23'40"W 947.84 pet: -thence N43°36'20"W 267.05 feet; thence N87°08'12"W 429.02 feet; thence N82°04'11"W 415.80 feet; thence N59°39'51"°W 275.21 feet; thence N44°55'59"W 211.00 feet; thencé..N45°04'01"E 296.92 feet to a point of curvature; thence 408.41 feet along the are of@ curve concave to the northwest having a radius of 520.00 feet, a central angle of 45°00'00! and a chord of 397.99 feet, bearing N22°34'01"E to a point of tangency; thence NO0°04'01“E 380.00 feet; thence NO7°11°31"E 403.11 feet to the POINT OF BEGINNING. eS The above describes an area of approximately 4,096,801 square feet of land or 94.03 acres of land. oe vt Tan Subject to easements, restrictions and reservations of record! ~ ‘Dd LE02 +80 LELT | certify the attached is’ a true.and correct copy of the Articles of Incorporation of VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida corporation, filed on August 23, ae as shown by the records of this office.

’ a true.and correct copy of the Articles of Incorporation of VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida corporation, filed on August 23, ae as shown by the records of this office.

The document number of this cierto is N94000004147.

Od LE0¢ : os cfLt A) Given under mW ‘pan and te Great Seal of the State of : at Tallahassee, the Capital ; this the Twenty-fourth dap of August,’1994 ne Jim Smith Secretary of State ARTICLES OF INCORPORATION me ps, OF rif VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INCS: as 2, (A Florida Corporation Not-For-Profit) Ore of a In order to form a corporation not-for-profit, under) and in accordance with Chapter 617 of the Florida Statutes, we, the undersigned, hereby associate ourselves into a corporation notfor-profit, for the purpose, and with the powers, hereinafter set forth and“to hat end, we do, by these Articles of Incorporation, certify as f ollows: ARTICLE I NAME 1.1. Name. °° T é name of this corporation shall be VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC. ("Association"). The initial address of h Gardens, Flor shall be 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418.

1.2. 7 rhe. words used in these Articles shall have the same meaning as set’ forth in the Declaration of Covenants and Restrictions for the. ‘Association, (said Declaration, as amended, renewed, or extend “from time to time, is hereinafter referred to as the “Declarat a Na The purpose for which the Assoc ation is organized is to engage as a non-profit organization in protecting the value of the property of the Members of the aerate to exercise all the powers and privileges, and to perform all-. of the duties and obligations of the Association as set forth in the Declaration

the value of the property of the Members of the aerate to exercise all the powers and privileges, and to perform all-. of the duties and obligations of the Association as set forth in the Declaration which is to be recorded in the public records: lof Collier County, Florida, including, without limitation, ‘the - -establishment and enforcement of the payment of assessments ‘ “and other charges contained therein, and to engage in such other ‘law ul, activities as may be to the mutual benefit of the Members and their property.

By ARTICLE III a POWERS The Association shall have the following powers which shall be governed by the following provisions: 5 EXHIBIT fh 40 ‘Dd LE02 Celt 3.1. Common Law_and Statutory Powers. The Association shall have all of the common law and statutory powers of a corporation not-for-profit, which are not in conflict with the terms of these Articles, the Declaration, or the By-Laws of the Association.

3.2. Necessary Powers. The Association shall have all of the powers and duties set forth in the Declaration, except as limited by these Articles, and all powers and duties reasonably necessary to operate: and administer the Properties pursuant to. the Declaration,/ including but not limited to the following: A<.To make and collect assessments against Members to defray the e@sts) and expenses of the Association property.

saga > S . : B. To use the proceeds of assessments in the exercise of its powers and duties.

Cc. To purchase, own, hold, lease, maintain, repair, replace, improve, operate and convey the property of the Association in accordance-with the Declaration, and to maintain and operate the water managenent system as permitted by the South Florida Water Management, District, including all lakes, retention

the Association in accordance-with the Declaration, and to maintain and operate the water managenent system as permitted by the South Florida Water Management, District, including all lakes, retention areas, culverts and related: appurtenances, if any.

D. To purchase insurance upon the property of the Association and insurance for the. protection of the Association and its members, in the amounts required by the Declaration.

SE ff ok E. To dedicate or to transfer all or any part of the Association's property to any public agency, authority, or utility for such purposes and subject to stich conditions as may be approved by not less than fifty-one percent. (51%) of the Voting Members, and approved by not less than seventy“five percent (75%) of the institutional mortgagees holding mortgagés encumbering Units.

F. To reconstruct the improvéments to the Association's property after casualty, and to further-improve the Association's G. To make and amend reasonable Rules and Regulations regarding the use of the property of the Association in accordance with the requirements set forth in the By-Laws. / Se H. To contract for the management of thé, Association property and to delegate to such contractors all powers.and duties of the Association except such as are specifically required by the Declaration to have the approval of the Board or the Membership.

Any such contract may not exceed one (1) year, and must provide for termination by either party without cause and without payment of a termination fee on not more than ninety (90) days written notice.

I. To employ personnel for reasonable compensation to 2 5 40 ‘Dd LE02 pELT perform the services required for proper operation = and

ty (90) days written notice.

I. To employ personnel for reasonable compensation to 2 5 40 ‘Dd LE02 pELT perform the services required for proper operation = and administration of the Association property.

J. To enforce by legal means the provisions of the Declaration, these Articles, the By-Laws, and the Rules and Regulations for the use of the Association's property as same may be promulgated, modified, or amended from time to time by the Association.

o K./ .To pay taxes and assessments, which are liens against any part .6f the Association's property.

‘L./ To pay the cost of all power, water, sewer, waste collection, andother utility services rendered to the property of the Association, and not billed to Unit Owners.

“ @ we M. To enter any lot at a reasonable time and upon reasonable notice to-make emergency repairs, to avoid waste, or to do such other work reasonably necessary for the proper protection, preservation, or maintenance of Association Property.

40 N. To grant ‘such permits, licenses, and easements over the Common Areas for “utilities, roads, and other purposes reasonably necessary or uSeful.to the Association.

alt oO. To designate portions of the Common Areas for commercial uses; to determine the manner in which commercial portions of the Common Areas are eld and operated, as well as the Person or entity to hold, operate, and manage any commercial portions of the Common Areas; andto apply income, if any, from the rental of portions of the Common Areas’ in a commercial capacity to reduce the Common Expenses of the asgobiation.

‘Od LE0¢ GELT a may be necessary in order to perform the duties and to exercise thepowers provided for the Association in the Declaration. a, P. To do such other things ¢ isa"

nses of the asgobiation.

‘Od LE0¢ GELT a may be necessary in order to perform the duties and to exercise thepowers provided for the Association in the Declaration. a, P. To do such other things ¢ isa" 3.3. Funds and Title to Properties. Al)fynds and the titles of all properties acquired by the Association. and their proceeds shall be held in trust for the members in_iaccordance with the provisions of the Declaration, these Articles, ¢and the By-Laws.

ARTICLE IV MEMBERS 4.1. Members. The Members of the Association shall consist of all of the record owners of Units in Village Walk.

isi 4.2. Change of Membership. Change of membership in the 3 d eXHIBIT aa OF PAGES Association shall be established by recording in the public records of the County, a deed or other instrument establishing a record title to a Unit at Village Walk, and the delivery to the Association of a copy of such instrument. The owner designated by such instrument thus becomes a Member of the Association, and the membership of the prior owner is terminated as of the date of execution of such instrument.

4.3. Transfer of Membership. The share of a Member in the funds and. jassets of the Association cannot be assigned, hypothecated or transferred in any manner except upon transfer of title of h. is’ Unit.

{. The owner of each Unit shall be entitled to one r-of.the Association. The exact number of votes to be cast by Membérs’ and the manner of exercising voting rights, shall be determined by. the By-Laws; subject, however, to the terms and conditions of the Declaration.

“ARTICLE V perpetual.

niotdre co ! Ss SS The names and residences of “th Incorporators to these Articles are as follows: Se ADDRESS NAME Charles H. Hathaway 4500 PGA Boulevard, Suite 400 Palm Beach | Gardens, Fl. 33418

al.

niotdre co ! Ss SS The names and residences of “th Incorporators to these Articles are as follows: Se ADDRESS NAME Charles H. Hathaway 4500 PGA Boulevard, Suite 400 Palm Beach | Gardens, Fl. 33418 Robert S. Kairalla 4500 PGA ‘Boulevyara, Suite 400 Palm Beach, Gar, lens, Fl. 33418 William E. Shannon 4500 PGA Boulevard, Suite 400 Palm Beach Gardens; Fl. 33418 4 + 40 ‘Od LE02 + SELT ARTICLE VII OFFICERS 7.1. Officers. The affairs of the Association shall be managed by a President, one (1) or several Vice Presidents, a Secretary and a Treasurer, which officers shall be subject to the directions of the Board.

7.2. /Election of Officers. The Board shall elect the President, the Vice President, the Secretary and the Treasurer, and as many Vice.Presidents as the Board shall from time to time determine appropriate. Such officers shall be elected annually by the Board at the ‘first meeting of the Board following the "Annual Members' Meeting" (as described in the By-Laws) ; provided, however, such officers ‘may be removed by such Board and other persons may be elected by the Board as such officers in the manner provided in the By-Laws. The President shall be a Director of the Association, but no other officer need be a Director. The same person may hold two (2) offices, the duties-.of which are not incompatible; provided, however, the offices of President and Vice President shall not be held by the same person, Hor shall the same person hold the office of President who holds~th office of Secretary.

WAS Officers shall be elected\by the Board at the first meeting of the Board following each annua] meeting of the Members, provided, however, until the Transfer Date. the Developer shall have the right

AS Officers shall be elected\by the Board at the first meeting of the Board following each annua] meeting of the Members, provided, however, until the Transfer Date. the Developer shall have the right to approve all of the offiters«elected. The following persons shall serve as the initial officers, . WA BS President ve’ Charles H. Hathaway an’ Vice President (Mobert S. Kairalla Secretary William .E. Shannon Oe) Treasurer Williaw E. Shannon Co ARTICLE VIII ys YS BOARD OF DIRECTORS Jo Wd 8.1. Directors. The affairs of the Association will be managed by a Board consisting of not less than five (5) nor more than nine (9) directors. The composition of the Board, \the manner of election to the Board, the term of office and other provisions regarding the Board shall be established by the Declaration and the By-Laws of the Association. The number of Directors on the Board until the Transfer Date shall be three (3). After the Developer elects to divest itself of control of the Association, Directors must be Members of the Association.

5 , 40 ‘Od LEO? : LELT 8.2. Term of Directors. After the Transfer Date, members of the Board shall serve for a term of two (2) years; provided, however, that not less than three (3) members of the Board elected on the Transfer Date shall serve for initial terms of one (1) year and the balance of the Board elected on the Transfer Date shall serve for initial terms of two (2) years. After the Transfer Date, at each annual meeting, Directors shall be elected to take the Board positions of the members of the Board who terms have expired.

8.3. /Election of Directors. Directors of the Association shall be elected at the Annual Members' Meeting in the manner

to take the Board positions of the members of the Board who terms have expired.

8.3. /Election of Directors. Directors of the Association shall be elected at the Annual Members' Meeting in the manner determined-by..the By-Laws. Directors may be removed and vacancies on the Board’ shall be filled in the manner provided by the By-Laws.

8.4. Transfer Date. The first election of Directors shall not be held until 120 days after the Developer has closed all of the sales of the Units contemplated under the General Plan of Development, or until/the Developer elects to terminate control of the Association, whichever shall first occur. The Directors named as the first Board,/including any replacement members, shall serve until the first election of Directors, and any vacancies in their number occurring before, the first election shall be filled by the ‘ As 8.5. First Board. “The names and addresses of the persons who are to serve as the first.Board.are as follows: NAME MOY ADDRESS Sx fo om rol Robert S. Kairalla CO ea 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, Fl. 33418 Charles H. Hathaway ‘Palm’Beach Gardens, Fl. 33418 Sa William E. Shannon 4500 PGA Boulevard, Suite 400 Paln... ach Gardens, Fl. 33418 CY ARTICLE IX Wy ie INDEMNIFICATION ie Association (and the Directors, committee members, and officers as a group) shall be indemnified by the Association—against all expenses and liabilities, including counsel fees (at all trial and appellate levels and whether or not suit be instituted) reasonably incurred by or imposed upon him or them in connection with any proceeding, litigation or settlement in which he may become involved by reason of his being or having been a Director,

ituted) reasonably incurred by or imposed upon him or them in connection with any proceeding, litigation or settlement in which he may become involved by reason of his being or having been a Director, committee member, or officer of the Association. The foregoing ge Every Director, committee member, and-“ of ficer of the 6 “> 40 ‘Od LE0C BELT provisions for indemnification shall apply whether or not he is a Director, committee member, or officer at the time such expenses and/or liabilities are incurred. Notwithstanding the above, in the event of a settlement, the indemnification provisions herein shall not be automatic and shall apply only when the Board approves such settlement and authorizes reimbursement for the costs and expenses of the settlement as in the best interest of the Association. In instances where a Director, committee member, or officer admits or is adjudged*guilty of willful misfeasance or malfeasance in the performance of his duties, the indemnification provisions of these Articles“shall not apply. Otherwise, the foregoing rights to indemnification:.shall be in addition to and not exclusive of any and all rights gf indemnification to which a Director, committee member, or officer may be entitled whether by statute or common law. a OG ARTICLE X at Rn - LAWS The By-Laws of he/ Association may be adopted, amended, altered, or rescinded as’provided therein; provided, however, that at no time shall the By~Laws..conflict with these Articles or the Declaration, and provided: further, that no amendment, alteration, or rescission may be made.which adversely affects the rights and privileges of any Institutional Mortgagee, without the prior written consent of the Institutional Mortgagee so affected, and

lteration, or rescission may be made.which adversely affects the rights and privileges of any Institutional Mortgagee, without the prior written consent of the Institutional Mortgagee so affected, and provided further that until-’the,Transfer Date no amendments, alterations or rescissions of theBy-Laws shall be effective unless the Developer shall have joined in and consented thereto in writing. Any attempt to amend, altér,or rescind contrary to these prohibitions shall be of no force‘or effect.

ye AMENDMENTS jews i 3g 11.1. Amendments Prior to Recording. “Prior to the recording of the Declaration amongst the public records of the County, these Articles may be amended only by an instrument ‘in writing signed by all of the Incorporators to these Articles andfiled in the Office of the Secretary of State of the State of Florida.» The instrument amending these Articles shall identify the particu ar Article or Articles being amended, give the exact language of such amendments, and a certified copy of each such amendment shall always be attached to any certified copy of these Articles.

11.2. Amendments After Recording. After the recording of the Declaration amongst the public records of the County, these Articles may be amended in the following manner: 7 ~ EXHIBIT 2 40 ‘Od LE0¢ : bE LT A. Notice of the subject matter of the proposed amendment shall be included in the notice of any meeting (whether of the Board or of the Membership) at which such proposed amendment is to be considered; and B. A resolution approving the proposed amendment may be first passed by either the Board or the Membership. After such approval of a proposed amendment by one of said bodies, such proposed ame dment must be submitted to and approved by the other

ent may be first passed by either the Board or the Membership. After such approval of a proposed amendment by one of said bodies, such proposed ame dment must be submitted to and approved by the other of said bodies. Approval by the Membership must be by a vote of a majority”“of the Voting Members present at a meeting of the Voting Members at-Which.a quorum is present and approval by the Board must be by a majority of the Directors present at any meeting of the Directors at.w ich, @ quorum is present.

11.3. anerament by Reference to Title. No Article shall be revised or amended by reference to its title or number only.

Proposals to amend.exiéting Articles shall contain the full text of the Articles to be ageneed new words shall be inserted in the text underlined, and words tobe deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, \rather than assist, the understanding of the proposed amendment, it “isnot necessary to use underlining and hyphens as indicators of. ‘words added or deleted, but instead a notation must be inserted dmmediately preceding the proposed amendment in substantially”“the” ‘following language: “Substantial re-wording of Article. See Article for present text." Nonmaterial errors or omissions in thearticle amendment process shall not invalidate an otherwise property, Promulgated amendment.

he 11.4. i Q Gadiées. Notwithstanding the foregoing provisions of this Article e, there shall be no amendment to these Articles which shall abridge, ‘a of any Institutional Mortgagee, or “the validity of any mortgage held by such Institutional Mortgagee” without the prior written consent therefor by such Mortgagee. Woe A 11.5. Developer. Notwithstanding the’ foregoing provisions of

or “the validity of any mortgage held by such Institutional Mortgagee” without the prior written consent therefor by such Mortgagee. Woe A 11.5. Developer. Notwithstanding the’ foregoing provisions of this Article, there shall be no amendment to these Articles which shall abridge, amend or alter the rights of-Developer, including the right to designate, to select, or to approve. the selection of the Directors as provided in the Declaration and /By~Laws, without the prior written consent of the Developer. sy > EXHIBIT 2 %0 ‘Od LEO? : OPLt IN WITNESS WHEREOF, the Incorporators have hereuntp affixed their signatures, this Qare day of Qegust , 19 ep Robert S} Kairalla UAE S Da Ff De. William E. Shannon STATE OF FLORIDA DA ns ) COUNTY OF PALM. "BEACH ) nof ThE foregoing. instrument was acknowledged before me this Qo day of , 1994, by CHARLES H. HATHAWAY, ROBERT S. KAIRALLA and WI IAM-E. SHANNON. They are personally known to me. i, gers NS OPPIGIAL =e & CC374688 of MY COMMISSION EXP.

OF Fv FEB. 7.1997 ~ on ue Name: >, Commission Number: % * ). Bxpiration Date: 9 > EXHIBIT fh 40 ‘Dd LEO? : IpLt CERTIFICATE DESIGNATING A REGISTERED OFFICE AND A REGISTERED AGENT FOR THE SERVICE OF PROCESS WITHIN THE STATE OF FLORIDA In pursuance of Chapter 48.091, Florida Statutes, the following is submitted, in compliance with said Act: .

VILLAGE! WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., desiring to organize under the laws of the State of Florida, with its principal. office , a8 indicated in the Articles of Incorporation, at the City of “Palm Beach Gardens, County of Palm Beach, State of Florida, has. named CHARLES H. HATHAWAY located at 4500 PGA Boulevard, cits y of Palm Beach Gardens, County of Palm Beach, State

ion, at the City of “Palm Beach Gardens, County of Palm Beach, State of Florida, has. named CHARLES H. HATHAWAY located at 4500 PGA Boulevard, cits y of Palm Beach Gardens, County of Palm Beach, State of Florida, as its“agent to accept service of process within the State of Florida. _ Having been named tocaccept service of process for the above stated corporation, at the: ‘place designated in this certificate, I hereby agree to act in this capacity, and agree to comply with the provision of the Act relative/to. keeping open said office.

Por arles H. Hathaway a:\vweart 10 ve) 40 ‘Od LE02 : CHT BY-LAWS OF VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC.

ARTICLE I NAME, PRINCIPAL OFFICE, AND DEFINITIONS 1.1: . Name. The name of the Association shall be Village Walk Homeowners Association of Naples, Inc. ("Association").

kn The initial office of the Association ated in Palm Beach County, Florida. The Association may have such other, offices, either within or without the State of Florida, as the*Board of Directors may determine or as the affairs of the Association may require.

‘yea, “EOF 1.3. Definitions. The words used in these By-Laws shall have the same meaning as/set.-forth in the Declaration of Covenants and Restrictions for Village Walk, ("Declaration"), or in the Articles of Incorporation of Village.Walk Homeowners Association of Naples, Inc. (“Articles"). “se Se A ag "3 Rs “a oN, ARTICLE II 2.1. Membership. The Association shall have two (2) classes of membership, Class “A" and Class. "B", as more fully set forth in the Declaration, the terms of which pertaining to membership are specifically incorporated herein by’ reference.

ge Dy 2.2. Place of Meetings. Meetings of the Association shall be

e fully set forth in the Declaration, the terms of which pertaining to membership are specifically incorporated herein by’ reference.

ge Dy 2.2. Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Members.@s may be designated by the Board. On 2.3. Annual Meetings. The first meeting “of the Association, whether a regular or special meeting, shall beheld within one (1) year from the date of incorporation of the Association. Annual meetings shall be of the Voting Members or.-their alternates.

Subsequent regular annual meetings shall be set bythe Board so as to occur at least thirty (30) but not more than ninety (90) days after the close of the Association's fiscal year, on a date and at a time set by the Board. ie 2.4. Special Meetings. Special meetings of the Membership shall be held at any place within the County, whenever called by the President or Vice President or by a majority of the Board. In addition, it shall be the duty of the President to call a special 1 at EXHIBIT = 40 ‘Od LE02 + CbLT meeting if so directed by the resolution of a majority of a quorum of the Board, or upon a petition signed by Voting Members or other Members representing at least ten (10%) percent of the total Class "A" votes of the Association. The notice of any special meeting shall state the date, time, and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

2.5. Mptice of Mestings. Written or printed notice stating the place, day, and hour of any meeting of the Voting Members, shall be“delivered, either personally or by mail, to each Voting

n the notice.

2.5. Mptice of Mestings. Written or printed notice stating the place, day, and hour of any meeting of the Voting Members, shall be“delivered, either personally or by mail, to each Voting Member entitled:to vote at such meeting, not less than ten (10) nor more than sixty (60) days before the date of such meeting, by or at the direction of the President or the Secretary or the officers or persons calling the,meeting. If mailed, the notice of the meeting shall be deemed.to be delivered when deposited in the United States mail addressed to the Voting Member at his address as it appears on mailing shall be retained as proof of such mailing. The notice shall be signed by an officer of the Association. In the case of a special meeting or when required by statute or these By-Laws, the purpose or purposes for.which the meeting is called shall be stated in the notice. se A.

2.6. Waiver of Notice. eWaiver of notice of a meeting of the Voting Members shall be deemed) the equivalent of proper notice.

Any Voting Member may, in writing, waive notice of any meeting of the Voting Members, either before or after such meeting.

Attendance at a meeting by a Voting, Member or alternate shall be deemed waiver by such Voting Member. ‘of notice of the time, date, and place thereof, unless such Voting: Member specifically objects to lack of proper notice at the time.the meeting is called to order. Attendance at a special meeting«shall also be deemed waiver of notice of all business transacted,.unless objection to the calling or convening of the meeting, of ‘which proper notice was not given, is raised before the business ist puy to a vote.

* wan 2.7. Adjournment of Meetings. If any meeting of the

objection to the calling or convening of the meeting, of ‘which proper notice was not given, is raised before the business ist puy to a vote.

* wan 2.7. Adjournment of Meetings. If any meeting of the Association cannot be held because a quortm is not present, a majority of the Voting Members who are present dat.such meeting, may adjourn the meeting to a time not less than fiye*(5) nor more than thirty (30) days from the time the original meeting was called. At the reconvened meeting, if a quorum is present;~-any business which might have been transacted at the meeting originally called may be transacted. If a time and place for reconvening the meeting is not fixed by those in attendance at the original meeting or:if for any reason a new date is fixed for reconvening the“meeting after adjournment, notice of the time and place for reconvening the adjourned meeting shall be given in the manner prescribed for regular meetings.

40 ‘Od LE02 baLT The Voting Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Voting Members to leave less than a quorum, provided that Voting Members or their alternates representing at least twenty-five (25%) percent of the total votes of the Association remain in attendance, and provided further that any action taken is approved by at least a majority of the Voting Members required to constitute a quorum.

2.84, Vor . The voting rights of the Members shall be as set forth’ in the Declaration, and such voting rights provisions are specifically incorporated herein by reference.

es. Voting Members may not vote by proxy but only in person or through their designated alternates.

= a at ae

ch voting rights provisions are specifically incorporated herein by reference.

es. Voting Members may not vote by proxy but only in person or through their designated alternates.

= a at ae 2.10. Majority. As used in these By-Laws, the term "Majority" shall mean’ those votes, owners, or other group as the context may indicate totaling more than fifty (50%) percent of the total number. Sf te SS, 2.11. Quorum. Except.as otherwise provided in these By-Laws or in the Declaration, -the presence in person, or by alternate, of the Voting Members representing one-third (1/3) of the total vote of the Association shall cofstitute a quorum at all meetings of the Association. i, 4 2.12. Conduct of Meetings,» The President, or his designated alternate, shall preside over all meetings of the Association, and the Secretary, or his designated,alternate, shall keep the minutes of the meeting, record ina mintite book all resolutions adopted at the meeting, and record of ali transactions occurring at the meeting. Minutes of all neetings (Gpaiive kept in a businesslike manner and shall be available for inspection by the Members and the Board at all reasonable times. SP aa 2.13. Action Without A Meeting. Any action required or permitted by law to be taken at a meeting of the Voting Members may be taken by written agreement in lieu oF a) meeting, provided written notice of the matter or matters to be agreed upon is given to the Voting Members at the addresses and within,the time periods set forth herein or duly waived in accordance) herewith. The decision of the majority of the Voting Members//(as evidenced by written response to be solicited in the notice) shall) be binding on the Membership, provided a quorum of the Memberships represented

e decision of the majority of the Voting Members//(as evidenced by written response to be solicited in the notice) shall) be binding on the Membership, provided a quorum of the Memberships represented by the Voting Members submits a response. The notice shall set forth a time period during which time a response must~be made by a Voting Member.

2.14. Voti Certifi dager. All voting certificates shall be filed with the Secretary. The Secretary shall keep all voting certificates and shall prepare and maintain a ledger 3 PAGE OF _— PAGES 40 ‘Od LE0¢ GHLT listing, by Unit, each Member who is designated to vote on behalf of such Unit.

2.15. Secret Ballot. At any time prior to a vote upon any matter at any meeting of Voting Members, any Voting Member may require that a vote be made by secret written ballot.

f j ARTICLE III 3.1. Composition and Selection.

A. Governing Body: ny on. The affairs of the Association shall be governed by a Board of Directors, each of whom shall have one (1).-equal vote. After the Transfer Date, the Directors shall be «Members or spouses of such Members; provided, however, no person and his or her spouse may serve on the Board at the same time. In-the case of an Owner which is a corporation or partnership, the person designated in writing to the Secretary of the Association as the “representative of such corporation or partnership shall be eligible to serve as a Director, unless otherwise specified by written notice to the Association signed by such Member; provided, ‘no Member may have more than one such representative on the Boatd at a time, except in the case of Directors appointed by the Class\"B" Member.

B. ng Class "B" . The Directors during the Class “B" Control Period. shall be selected by the Class

sentative on the Boatd at a time, except in the case of Directors appointed by the Class\"B" Member.

B. ng Class "B" . The Directors during the Class “B" Control Period. shall be selected by the Class "BY Member acting in its sole discretion, and shall serve at the pleasure of the Class “B" Member untid.the Transfer Date.

On the Transfer Date, the Class "BY Member shall cause the Board to call a meeting, as provided in Article II, paragraph 4, of these By-Laws, for special meetings, to, advise the Membership of termination of the Class “B" Control Period.

vical Cc. Yeto. This paragraph may not be amended without the express, written consent of the Class “BS (Meyber as long as the Class "B" Membership exists. So long as the Class “B" Membership exists, the Class “B" Member shall have a yeto power over all actions of the Board and any Committee of the Association, as is more fully provided in this paragraph. This ‘veto. power shall be exercisable only by the Class "“B" Member, its ‘successors, and assigns who specifically take this power ina recorded instrument.

No action authorized by the Board or any Committee shall become effective, nor shall any action, policy, or program be implemented until and unless: i. The Class "B" Member shall have been given written notice of all meetings and proposed actions approved at meetings of the Board or any Committee thereof by certified mail, 4 EXHIBIT _— ‘Dd LEO? +40 9PLT return receipt requested, or by personal delivery at the address it has registered with the Secretary of the Association, as it may change from time to time. The notice shall comply with the requirements for notices set forth herein, and shall set forth in reasonable particularity the agenda to be followed at said meeting; and

may change from time to time. The notice shall comply with the requirements for notices set forth herein, and shall set forth in reasonable particularity the agenda to be followed at said meeting; and ii. The Class “B" Member shall be given the opportunity, at any such meeting to join in or to have its representatives or agents join in discussion from the floor of any prospective”action, policy, or program, to be implemented by the Board, any Committee thereof, or the Association. The Class “B" Member, its representatives or agents shall make its concerns, thoughts, and*suggestions known to the members of the subject committee and/or”the Board. The Class "B" Member shall have and is hereby granted a veto power over any such action, policy, or program authorized by, the Board or any Committee thereof and to be taken by the Boara/ such Committee, the Association, or any individual member of the Association, if Board, Committee, or Association approval is necessary for such action. This veto may be exercised by the Clas¢ "B! Member, its representatives, or agents at any time within ten’ (10) days following the meeting held pursuant to the terms and provisions hereof. Any veto shall not extend to the requiring of any.action or counteraction on behalf of any Committee, or the Board or the Association. The Class "B" Member shall not use its véto, power to reduce the level of services which the Association is obligated to provide or to prevent capital repairs or any expenditure required to comply with applicable laws and regulations. OO RE ge a, sy 3.2. Number of Directors. The, number of Directors in the Association shall be not less than three (3) nor more than seven (7), as provided in paragraph 6 bélow. \ The initial Board shall

RE ge a, sy 3.2. Number of Directors. The, number of Directors in the Association shall be not less than three (3) nor more than seven (7), as provided in paragraph 6 bélow. \ The initial Board shall consist of three (3) members as identified in the Articles. The Board elected on the Transfer Date shall have not less than seven (7) Directors, thereafter, the Board shall/determine the number of Directorships for the succeeding year at* e Board meeting prior to the Annual Members' Meeting. 6 GPM f 4g 3.3. Nomination of Directors. Except..\with respect to Directors selected by the Class “B" Member, jnominations for election to the Board of Directors shall be made by a Nominating Committee. The Nominating Committee shall cons js: pt a Chairman, who shall be a member of the Board, and two (2) “or. fre Members of the Association with at least one representative from.each Voting Group. The Nominating Committee shall be appointed--by the Board not less than thirty (30) days prior to each annual meeting of the Voting Members. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine. Nominations shall be permitted from the floor. All nominees and candidates shall have a reasonable opportunity to communicate their qualifications to the Voting Members and to 5 i 40 “Od LE0e LOLI solicit votes.

3.4. ction and Te Q ice. Notwithstanding any other provision contained herein: A. Within thirty (30) days after the time Class "A" Members, other than the Developer or its successors or assigns own fifty (50%) percent of the Units permitted by the General Plan of Development: for the property submitted to the Declaration, or

"A" Members, other than the Developer or its successors or assigns own fifty (50%) percent of the Units permitted by the General Plan of Development: for the property submitted to the Declaration, or whenever thé Class "B" member earlier determines, the Association shall cat’ a special meeting to be held at which the Members, other than the Developer, shall elect one (1) of the three (3) directors, who shall be’an at-large director. The remaining two (2) directors shall be appointees of the Class "B" Member. The director elected by the Members. shall not be subject to removal by the Class "B" Member acting alone, and shall be elected for a term of two (2) years or until the happening of the event described in subsection (b) below, whichever /is shorter. If such director's term expires prior to the happening of the event described in subsection (b) below, a successor.Shall.be elected for a like term.

B. At the first, annual meeting of the Voting Members after the termination ‘of the Class "B" Control Period and at each annual meeting thereafter, all directors shall be elected by the Voting Members. The number ‘of directors on the Board may be increased by resolution ofthe /Board of Directors to a maximum of seven (7) directors, provided, however, the total number of directors shall be an odd number.)

40 dd LE02 SHL1 C. Within 90 days after ‘termination of the Class "B" Control Period, the President shall ‘call a special meeting at which Voting Members representing the Class,"A" Members shall be entitled to elect four (4) of the seven (7)“directors, who shall serve as at-large directors. The remaining three (3) directors shall be appointees of the Class “B" Member. The. directors elected by the Voting Members shall not be subject to removal by the Class "B"

erve as at-large directors. The remaining three (3) directors shall be appointees of the Class “B" Member. The. directors elected by the Voting Members shall not be subject to removal by the Class "B" Member and shall serve until the first annual meeting following the termination of the Class "B" Control Period. If such annual meeting is scheduled to occur within 90 days after termination of the Class "B" Control Period, this subsection ‘shall not apply and directors shall be elected in accordance with,subsection D below.

D. At the first annual meeting of the membership after the termination of the Class "B" Control Period,.the Board shall be increased to seven directors who shall be selected a8 follows: Six directors shall be elected by the Voting Members representing the Class "A" Members, with an equal number of directors elected by each Voting Group and any remaining directorships filled at large by the vote of all Voting Members. Three directors shall serve a term of one year, as such directors determine among themselves.

Upon the expiration of each director's term of office the Voting Members entitled to elect such director shall be entitled to elect 6 a successor to serve a term of two years.

Until termination of the Class “B" membership, the Class "B" Member shall be entitled to appoint one director. Upon termination of the Class “B" membership, the director elected by the Class “B" Member shall resign and the remaining directors shall be entitled to appoint a director to serve the unexpired portion of the term.

Thereafter, the Voting Members shall be entitled to elect a successor to full such position.

The’ voting Members within each Voting Group shall vote on

ctor to serve the unexpired portion of the term.

Thereafter, the Voting Members shall be entitled to elect a successor to full such position.

The’ voting Members within each Voting Group shall vote on separate slates: for election of the directors to represent their Voting Group and the directors to be elected at large. Each Voting Member shall.be’entitled to cast the total number of votes which it is entitled to cast pursuant to the Declaration with respect to each vacancy to be filled from each slate on which such Voting Member is entitled to, vote. There shall be no cumulative voting.

The candidate(s)reteiving the most votes shall be elected. The directors elected by the Voting Members shall hold office until their respective successors have been elected. Directors may be elected to serve any number of consecutive terms.

me 4 E. The provisions of the Articles setting forth the terms of the Directors'» service is incorporated herein by reference. The Directors,shall hold office until their respective successors have been elected by the Members. Directors may be elected to serve any number of consecutive terms.

>of "a 3.5. oval of Directors and’ Vacancies.

A. Any Director elected, by the Voting Members may be removed, with or without cause, by the’ vote of the Members upon the affirmative vote or the agreement.in writing of a majority of the Voting Members at a special meeting of, the Voting Members. A special meeting of Voting Members to so remove a Director elected by them shall be held, subject to the notice provisions hereof, upon the written request of ten percent (10%) of the Voting Members. However, before any Director is. removed from office, he shall be notified in writing at least two” (2) days prior to the

s hereof, upon the written request of ten percent (10%) of the Voting Members. However, before any Director is. removed from office, he shall be notified in writing at least two” (2) days prior to the meeting at which the motion to remove him will.be made, and such Director shall be given an opportunity to be heard at such meeting, should he be present, prior to the vote on his. removal.

" % B. The Voting Members shall elect, at’ a special meeting or at the annual meeting of Voting Members, ‘persons to fill vacancies on the Board caused by the removal of a Director elected by the Voting Members. ce Cc. A Director designated by the Developer as provided in the Articles may be removed only by the Developer in its sole discretion and without any need for a meeting or vote. The Developer shall have the unqualified right to name a successor for 7 ’ EXHIBIT _— 40 Dd LENZ : 6PLT any Director designated and thereafter removed by it or for any vacancy on the Board as to a Director designated by it, and the Developer shall notify the Board as to any such removal or vacancy and the name of the successor Director and of the commencement date for the term of such successor Director.

D. Any Director elected by the Voting Members who has three consecutive unexcused absences from Board meetings or who is delinquent in the payment of any assessment or other charge due the Association, for more than thirty (30) days may be removed by a majority of ,the Directors present at a regular or special meeting at which a“quorum is present, and a successor may be appointed by the Board to fill the vacancy for the remainder of the term. In the event of.the death, disability, or resignation of a Director, a vacancy may be ‘declared by the Board and it may appoint a

ointed by the Board to fill the vacancy for the remainder of the term. In the event of.the death, disability, or resignation of a Director, a vacancy may be ‘declared by the Board and it may appoint a successor. Any Director appointed by the Board shall be selected from among Members. within the Voting Group represented by the Director who vacated the position.

3.6. in Me . The first meeting of the Board following each annual meeting of the Voting Members shall be held within ten (10) days theréafter at such time and place as shall be meeting shall be necessary; providing that a quorum shall be present at such organizational’ meeting.

3.7. Regular Meetings. / Regular meetings of the Board may be held at such time and place as“shall be determined from time to time by a majority of the Directors. Notice of the time and place of the meeting shall be communicated to Directors not less than two (2) days prior to the meeting;.-provided, however, notice of a meeting need not be given to any Director who has signed a waiver or a written consent to holding of the, meeting. Notice of any meeting where assessments against Members.are to be considered for any reason shall specifically contain a statement that assessments will be considered and the nature of any. such assessments.

3.8. Special] Meetings. Special meetings of the Board shall be held when called by written notice signed by the President or Vice President of the Association or by any\three (3) Directors.

The notice shall specify the time and place ofthe meeting and the nature of any special business to be considered. /The notice shall be given to each Director by one of the following methods: (a) by

.

The notice shall specify the time and place ofthe meeting and the nature of any special business to be considered. /The notice shall be given to each Director by one of the following methods: (a) by personal delivery; (b) written notice by first c¥ass/mail, postage prepaid; or (c) by telephone or telecopiér / (facsimile) communication, either directly to the Director or to_.a, person at the Director's office or home who would reasonably“be expected to communicate such notice promptly to the Director. All such notices shall be given at the Director's telephone number or sent to the Director's address as shown on the records of the Association.

Notices sent by first class mail shall be deposited into a United States mailbox at least two days (2) before the time set for the 8 40 ‘Od LE02 0SLT meeting. Notices given by personal delivery or telephone shall be delivered or telephoned at least twenty-four (24) hours before the time set for the meeting.

3.9. Waiver of Notice. The transactions of any meetings of the Board, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (a) a quorum is present, and (b) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of*the meeting. Notice of a meeting shall also be deemed given to any Director who attends the meeting without protesting before’or at its commencement about the lack of adequate notice. OP CL vate 3.10. Quorum of Board of Directors. At all meetings of the Board, a majority. of the Directors shall constitute a quorum for

before’or at its commencement about the lack of adequate notice. OP CL vate 3.10. Quorum of Board of Directors. At all meetings of the Board, a majority. of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a. meeting at which a quorum is present shall constitute the decision”of the Board. A meeting at which a quorum is initially present, may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. If any meeting) of, the Board cannot be held because a quorum is not present, a majority of the Directors who are present at such meeting may adjourn /the\ meeting to a time not less than five (5) nor more than thirty (30) days from the date the original meeting was called. At the -reconvened meeting, if a quorum is present, any business which might. have been transacted at the meeting originally called may be transacted without further notice.

The notice provisions for the. réconvened meeting shall be as determined by the Board. £ 3.11. Compensation. No ‘Director shall receive any compensation from the Association “fof acting as such unless approved by the Members at a regular. or“ special meeting of the Association; provided any Director may be reimbursed for expenses incurred on behalf of the Association upon Approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, ora prentity with which a Director is affiliated, for service or supplies, furnished to the Association in a capacity other than as a Director) pursuant to a contract or agreement with the Association, provided that such

ich a Director is affiliated, for service or supplies, furnished to the Association in a capacity other than as a Director) pursuant to a contract or agreement with the Association, provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by ‘a.majority of geese the Board, excluding the interested Director. Ch 3.12. Conduct of Meetings. The President shall preside over all meetings of the Board, and the Secretary shall keep a minute book of meetings of the Board, recording therein all resolutions adopted by the Board, and all transactions and proceedings 9 40 ‘Dd LE0¢ ISLT occurring at such meetings. Minutes of all Board meetings shall be kept in a businesslike manner and shall be available for inspection by the Members and the Board at all reasonable times.

3.13. Open Meetings. Except for actions taken without a formal meeting, all meetings of the Board shall be open to all Members, but Members other than Directors may not participate in any discussions or deliberations unless permission to speak is requested. on his or her behalf by a Director . In such case, the Presidentmay, limit the time any Member may speak. In the event a Member not sérving as a Director or not otherwise invited by the Directorso.-participate in the meeting attempts to become more than a mere observer at the meetings or conducts himself in a manner detrimental to the carrying on of the meeting, then any Director may expel.said Member from the meeting by any reasonable means which maybe necessary to accomplish said Member's expulsion.

Also, any Director shall have the right to exclude from any meeting of the Board any person who is not able to provide sufficient proof

ans which maybe necessary to accomplish said Member's expulsion.

Also, any Director shall have the right to exclude from any meeting of the Board any person who is not able to provide sufficient proof that he is a Member, unless said person has been specifically invited by any of the Directors to participate in such meeting.

3.14. cti Without. a Forma] Meeting. Any action to be taken at a meeting of the Directors or any action that may be taken at a meeting of the Dire€tors.may be taken without a meeting if a consent in writing, setting-forth the action so taken, shall be signed by all of the Directors, and such consent shall have the same force and effect as a unanimous vote.

3.15. Powers and Duties<“The Board shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association's affairs and, as provided by law, may [email protected] acts and things as are not by the Declaration, Articles, or these By-Laws directed to be done and exercised exclusively bythe. Voting Members or the Membership generally. OPN ee P % The Board shall delegate to one of its members the authority to act on behalf of the Board on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board. 4 ty a, ; é , L Snead In addition to the duties imposed by these By-Laws or by any resolution of the Association that may hereafter be adopted, the Board shall have the power to and shall be responsible for the following, in way of explanation, but not limitation; A. Preparation and adoption of an annual Budget in which there shall be established the contribution of each Owner to the Common Expenses and Neighborhood Expenses, if any

anation, but not limitation; A. Preparation and adoption of an annual Budget in which there shall be established the contribution of each Owner to the Common Expenses and Neighborhood Expenses, if any B. Making assessments to defray the Common Expenses and Neighborhood Expenses, if any, establishing the means and methods 10 ’ 40 ‘Dd LE0 cSLT of collecting such assessments, and establishing the period of the installment payments of the annual assessment; provided, unless otherwise determined by the Board, the annual assessment for each Unit's proportionate share of the Common Expenses shall be payable in equal quarterly installments, each such installment to be due and payable in advance on the first day of each quarter for said quarter; Le Providing for the operation, care, upkeep, and maintenance/ of all of the Common Areas, and maintaining and operating the’ surface water management system as permitted by the South Florida.“Water Management District including all lakes, retention areas, culverts and related appurtenances, if any; D. Designating, hiring, and dismissing the personnel necessary for the maintenance, operation, repair, and replacement of the Association, its property, and the Common Areas and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel ih the.performance of their duties; E. Collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association; provided, any reserve fund may be deposited, in the: Directors' best business judgment, in depositories other than banks; ,.

F. Making and amending )rules and regulations; heal a

ster the Association; provided, any reserve fund may be deposited, in the: Directors' best business judgment, in depositories other than banks; ,.

F. Making and amending )rules and regulations; heal a G. Opening of bank accounts on behalf of the Association and designating the signatories required; PODS H. Making or contracting for the making of repairs, additions, and improvements to or alterations of the Common Areas in accordance with the other provisions ‘of the Declaration and these By-Laws; Vt) Sasa I. Enforcing by legal means the. provisions of the Declaration, these By-Laws, and the rules afid regulations adopted by it and bringing any proceedings which: may..be instituted on behalf of or against the Owners concerning the-Association; \ Mee Z Bon J. Obtaining and carrying insurance-against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof; ate) K. Paying the cost of all services rendered to the Association or its Members and not chargeable directly to specific Owners; L. Keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, 11 f 40 ‘Dd LE0 ESLT specifying the maintenance and repair expenses and any other expenses incurred; M. Making available to any prospective purchaser of a Unit, any Owner of a Unit, any first Mortgagee, and the holders, insurers, and guarantors of a first Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the ByLaws, rules governing the Unit and all other books, records, and financial statements of the Association; ON Permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or

he Unit and all other books, records, and financial statements of the Association; ON Permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of the Properties; and Committee Member or a former Director, Officer, Voting Member or Committee Member of the Association in accordance with Florida law, the Articles, and the/Declaration.

3.16. Right of Class "BY Member to Disapprove Actions. So long as the Class "B" membership exists, the Class "B" Member shall have a right to disapprove. any action, policy or program of the Association, the Board;-and.any committee which, in the judgment of the Class "B" Member, would,tend to impair rights of the Developer under the Declaration .or -these By-Laws, or interfere with development, construction.of- any portion of the Properties, or diminish the level of services being provided by the Association.

Od LEO? +40 No such action, policy ok Program shall become effective or be implemented until and unless: — 4” PSLI A. The Class "B" Member’ shall have been given written notice of all meetings and proposed actions approved at meetings of the Association, the Board or any committee thereof by certified mail, return receipt requested, or by personal delivery at the address it has registered with the Secretary of the Association, as it may change from time to time, which notice complies as to the Board of Directors meetings, and which notice shall, except in the case of the regular meetings held pursuant to the By-Laws, set forth in reasonable particularity the agenda to’be followed at said meeting; and PON i B. The Class "B" Member shall be given the opportunity

of the regular meetings held pursuant to the By-Laws, set forth in reasonable particularity the agenda to’be followed at said meeting; and PON i B. The Class "B" Member shall be given the opportunity at any such meeting to join in, or to have its representatives or agents join in, discussion from the floor of any / prospective action, policy, or program which would be subject to the right of disapproval set forth herein. the Class "B'" Member, its representatives or agents shall make its concerns, thoughts, and suggestions known to the Board and/or the members of the subject committee. The Class "B" Member shall have and is hereby granted a right to disapprove any such action, policy, or program authorized by the Association, the Board of Directors or any 12 EXHIBIT — committee thereof, if Board, committee, or Association approval is necessary for such action. this right may be exercised by the Class “B" Member, its successors, assigns, representatives, or agents at any time within 10 days following the meeting held pursuant to the terms and provisions hereof. This right to disapprove may be used to block proposed actions but shall not extend to the requiring of any action or counteraction on behalf of any committee, or the Board or the Association. The class “B" Member shall] not use its right to disapprove to reduce the level of services.“.which the Association is obligated to provide or to prevent capital. repairs or any expenditure required to comply with applicable laws and regulations.

3.17.

Pe “ A. The Board may employ for the Association a professional managem nt agent or agents at a compensation established by thé Board to perform such duties and services as the Board shall authorfze... The Board may delegate to the managing

ociation a professional managem nt agent or agents at a compensation established by thé Board to perform such duties and services as the Board shall authorfze... The Board may delegate to the managing agent or manager, subject to the Board's supervision, all of the powers granted to the Board. by these By-Laws, other than the powers set forth above. The Developer, or an affiliate of the Developer, may be employed as managing agent or manager.

B. No managemént contract may have a term in excess of one (1) year and must permit~termination by either party without cause and without termination fee ‘on not more than ninety (90) days written notice. EP 3.18. ts. The following management standards of performance will ‘be~followed unless the Board by resolution specifically determines otherwise: a A. Accrual accounting, as defined by generally accepted accounting principles, shall be employed?

B. Accounting and controls should conform to the federal income tax basis of accounting; if & Soy SAR c. Cash accounts of the Association shall not be commingled with any other accounts; } Ae D. No remuneration shall be accepted “by the managing agent from vendors, independent contractors, or others providing goods or services to the Association, whether in’the form of commissions, finder's fees, service fees, prizés, gifts, or otherwise; anything of value received shall benefit the Association; E. Any financial or other interest which the managing agent may have in any firm providing goods or services to the Association shall be disclosed promptly to the Board; 13 40 Od LE0C : CSLI F. Commencing at the end of the month in which the first Unit is sold and closed, financial reports shall be prepared for the Association at least quarterly containing:

40 Od LE0C : CSLI F. Commencing at the end of the month in which the first Unit is sold and closed, financial reports shall be prepared for the Association at least quarterly containing: i. An income statement reflecting all income and expense activity for the preceding period on an accrual basis; . ii. A statement reflecting all cash receipts and disbursements; for the preceding period; AE ES é AAA A variance report reflecting the status of all accounts in“an’“*actual" versus “approved" budget format; SAW OA balance sheet as of the last day of the preceding period; “and wt v. .A delinquency report listing all Owners who are delinquent in paying*the quarterly installments of assessments at the time of the report and describing the status of any action to collect such installments which remain delinquent (A quarterly installment of the assessment shall be considered to be delinquent on the fifteenth (15th) ‘day.of the first month of each quarter unless otherwise determine by, the Board of Directors); and G. An annual report Consisting of at least the following shall be distributed to all embers within one hundred twenty (120) days after the close of the fiscal\year: (1) a balance sheet; (2) an operating (income) statement ;“and, (3) a statement of changes in financial position for the fiscal year. The annual report referred to above shall be prepared on ‘a reviewed basis by a certified public accountant; provided, during the) Class "B" Control Period, the annual report shall include reviewed \financial statements.

» The Board shall’have the power to borrow money for the purpose of maintenance, repairior restoration of the Common Areas without the approval of the.Voting Members. The Board shall also have the power to borrow money for other purposes;

rrow money for the purpose of maintenance, repairior restoration of the Common Areas without the approval of the.Voting Members. The Board shall also have the power to borrow money for other purposes; provided, the Board shall obtain Voting Member~approval in the same manner provided in Article VIII, Paragraph 3, of the Declaration for special assessments in the event that the-proposed borrowing is for the purpose of modifying, improving, or adding amenities and the total amount of such borrowing exceeds or.would exceed five (5%) percent of the budgeted gross expenses of the, Asepciation for that fiscal year. il 3.20. Rights of the Association. In accordancewith the Articles and By-Laws, the Association shall have the right to contract with any person for the performance of various duties and functions. Without limiting the foregoing, this right shall entitle the Association to enter into common management, operational, or other agreements with trusts, condominiums, cooperatives, or Neighborhood and other owners or residents 14 40 ‘Dd LE0C : 9GLT associations, both within or without the Properties. Such agreements shall require the consent of a majority of all the Directors.

The Association shall not be bound, either directly or indirectly, by any contract, lease, or other agreement (including any management contract) executed during the Class “BY Control Period, unless such contract, lease or other agreement contains a right of termination exercisable by either party without penalty at any time, .with or without cause, upon not more than ninety (90) days notice to the other party.

BO epi, Ne 3.21... ox . The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the property

cause, upon not more than ninety (90) days notice to the other party.

BO epi, Ne 3.21... ox . The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the property of the violating Owner, and to suspend an Owner's right to vote for violation of any*duty imposed under the Declaration, these By-Laws, or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Association or the Board of Directors to’ limit ingress and egress to or from a Unit or to suspend an Owner's right to vote for nonpayment of assessments.

In the event that any occupant of a Unit violates the Declaration, By-Laws, or a rule or ‘regulation and a fine is imposed, the fine shall first be assessed.against the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the Association. The failure “of the Board to enforce any provision of the Declaration, By-Laws, orjanhy. rule or regulation shall not be deemed a waiver of the right/of the Board to do so thereafter.

gel af a4 A. Notice. Prior .to imposition of any sanction hereunder or under the Declarati6n, ‘the Board or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (iiy the proposed sanction to be imposed, (iii) a period of not less ‘than:ten (10) days within which the alleged violator may present a written request to the Covenants Committee, if any, or Board of Directors“for a hearing; and (iv) a statement that the proposed sanction shall,be imposed as contained in the notice unless a challenge is begun within ten (10) days of the notice. If a timely challenge is not made, ‘the sanction stated

statement that the proposed sanction shall,be imposed as contained in the notice unless a challenge is begun within ten (10) days of the notice. If a timely challenge is not made, ‘the sanction stated in the notice shall be imposed; ha RE The Board or the Covenants Committee may, but shall not be obligated to, suspend any proposed sanction if Ahe violation is cured within the ten (10) day period. Such suspehsion shall not constitute a waiver of the right to sanction future’violations of the same or other provisions and rules by any Person...

gosta B. Hearing. If a hearing is requested within the allotted ten (10) day period, the hearing shall be held by the body seeking to impose the sanction affording the alleged violator a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in 15 EXHIBIT _— PAGE Y0 ‘Od LEO : LSLT the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

ve, . Following a hearing before the Covenants committees the violator shall have the right to appeal the decision to the Board« .To perfect this right, a written notice of appeal must be réceived by the manager, President or Secretary of the Association within ten (10) days after the hearing before the Covenants Committee.

ws a D. “Additional Enforcement Rights. Notwithstanding

ust be réceived by the manager, President or Secretary of the Association within ten (10) days after the hearing before the Covenants Committee.

ws a D. “Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board<may elect to enforce any provision of the Declaration, these By-Laws, or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by, suit at law or in equity to enjoin any violation or to recover. «monetary damages or both without the necessity of compliance withthe procedure set forth above. In any such action, to the maximum ‘extent permissible, the Owner or occupant responsible for thé violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. Cf.

tie 4.1. Qfficers. The officers of; the Association shall be the President, who shall be a Director, oneor /more Vice Presidents, a Treasurer, and a Secretary, all of whom..shall be elected annually by the Board. Any officer may be removed without cause from office by vote of the Directors at any meeting of the Board. The Board shall, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. Compensation of officers shall be subject to the same limitations “as <egnpeneation of Directors hereunder. ae A. The President, who shall be a Director, ..shall be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of the President of a corporation not-for-profit including, but not

be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of the President of a corporation not-for-profit including, but not limited to, the power to appoint committees from among the Members at such times as he may, in his discretion, determine appropriate to assist in conducting the affairs of the Association. He shall 16 1 40 ‘Od LEO + gSLI preside at all meetings of the Board and the Membership.

B. In the absence or disability of the President, a vice President shal) exercise the powers and perform the duties of the President. The Vice President(s) shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the Board. In the event there shall be more than one Vice President elected by the Board, then they shall be designated "First", "Second", etc. and shall exercise the powers Ang perform the duties of the Presidency in such order.

“@. -The Secretary shall cause to be kept the minutes of all meetings of/ the Board and the Membership, which minutes shall be kept in .a“businesslike manner and shall be available for inspection by Members and Directors at all reasonable times. He shall have custody of the seal of the Association and shall affix the same to instruments requiring a seal when duly signed. He shall keep the records of the Association, except those of the Treasurer, and shay perform all of the duties incident to the office of Secretary of the Association as may be required by the Board or the President. | D. Treasurer Shall \have custody of all of the property of the Association, including “ funds, securities and evidences of the assessment rolls and accounts of

equired by the Board or the President. | D. Treasurer Shall \have custody of all of the property of the Association, including “ funds, securities and evidences of the assessment rolls and accounts of indebtedness. He shall keep the Members; he shall kéep_the books of the Association in accordance with good accounting practices; and he shall perform all of the duties incident to the office of the Treasurer.

oO et 4.2. Election, Term ‘ice, ies. The officers of the Association shall be elected annually by the Board at the first meeting of the Board followir Voting Members. A vacancy in any off} resignation, removal, or otherwise may >be. filled by the Board for the unexpired portion of the term. 2°“. \ “each annual meeting of the ice.arising because of death, 4.3. Removal. Any officer may be removed by the Board whenever in its judgment the best interests of the. Association will be served thereby. e€ ay ase aN 4.4. Powers and Duties. The officers of the Association shall each have such powers and duties as generally pertain to their respective offices, as well as such powers and duties as may from time to time specifically be conferred or imposed’ by_the Board. The President shall be the chief executive officer of the/Association.

The Treasurer shall have primary responsibility for the-preparation of the budget as provided for in the Declaration ahd may delegate all or part of the preparation and notification duties to a finance committee, management agent, or both.

4.5. Resignation. Any officer may resign at any time by giving written notice to the Board, the President, or the 17 40 ‘Od LEQ : 6SLT Secretary. Such resignation shall take effect on the date of the

esign at any time by giving written notice to the Board, the President, or the 17 40 ‘Od LEQ : 6SLT Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

4.6. Ag ents a ig eases hecks All agreements, contracts, deeds, leases checks, and other instruments of the Association shall be executed by at least one (1) officer or by such ocner person or persons as may be designated by resolution of the Roath ogee Oe ges i 4 ARTICLE V COMMITTEES 5.1. General. Committees are hereby authorized to perform such tasks and to..serve for such periods as may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum.is present. Each committee shall operate in accordance with the terms of the resolution of the Board of Directors designating ‘the committee or with rules adopted by the Board. ae 5.2. Covenants Committee. In addition to any other committees which may be-.€stablished, the Board may appoint a Covenants Committee consisting of at least five (5) and no more than seven (7) Members. Acting“in accordance with the provisions of the Declaration, these By~Laws; and resolutions the Board may adopt, the Covenants Committee, Af established, shall be the hearing tribunal of the Association, and shall conduct all hearings pursuant to Article III, Paragraph 22\.0f these By-Laws.

5.3. 3.¢ In .addition to any other committees appointed as provided. ,above, there shall be a Neighborhood Committee of each Neighborhood which has no formal organizational structure or association. Such Neighborhood

ition to any other committees appointed as provided. ,above, there shall be a Neighborhood Committee of each Neighborhood which has no formal organizational structure or association. Such Neighborhood Committees shall consist of three (3) members; provided, however, by vote of at least fifty (50%) percent of the Owners within the Neighborhood this number may be increased to\five (5). The members of each Neighborhood Committee shall be elected by the vote of Owners of Units within that Neighborhood at any annual meeting of such Owners, at which the Owners of Units within that Neighborhood holding at least one-third (1/3) of the total votes of Units in the Neighborhood are represented, in person or by proxy. Committee members shall be elected for a term of one (1) year or until their successors are elected. Any director elected to the Board of Directors from a Neighborhood shall be an ex officio member of the Committee. It shall be the responsibility of the Neighborhood Committee to determine the nature and extent of services, if any, to be provided to the Neighborhood by the Association in addition to those provided to all Members of the Association in accordance 18 pace LS. OF 21 PAGES 40 ‘Od LEO : 09LT with the Declaration; a Neighborhood Committee may advise the Board on any other issue, but shall not have the authority to bind the Board of Directors. A Voting Member representing such Neighborhood shall be the chairperson of the Neighborhood Committee and shall preside at its meetings and shall be responsible for transmitting any and all communications to the Board.

In conduct of its duties and responsibilities, each Neighborhood Committee shall abide by the procedures and requirements applicable

sponsible for transmitting any and all communications to the Board.

In conduct of its duties and responsibilities, each Neighborhood Committee shall abide by the procedures and requirements applicable to the Boare pt Directors set forth in Article III, Paragraphs 3.7 through and“including 3.14, of these By-Laws. Each Neighborhood Committee Shall elect a chairman from among its members who shall preside at its. meetings and who shall be responsible for transmitting-ahy and all communications to the Board of Directors and shall be the*Voting Member from that Neighborhood.

aes ARTICLE VI 6.1. ur.) ‘The fiscal year of the Association shall S., Except as may be modified by Board resolution, : es of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Florida law, the Articles, theDeclaration, or these By-Laws.

6.2. Parliamenta 6.3. Conflicts. If ‘there \ are conflicts between the provisions of Florida law, the articles the Declaration, and these By-Laws, the provisions of Florida’ law, the Declaration, the Articles, and the By-Laws (in that order) shall prevail.

6.4. Books and Records.

A. Inspection by Members“ and _ Mortgaqgees. The Declaration and By-Laws, membership register,.books of account, and minutes of meetings of the Members, the Board, and committees shall be made available for inspection and copying by any Mortgagee, Member or by his or her duly appointed representative at any reasonable time and for a purpose reasonably related to his or her interest as a Member at the office of the Association or at such other place within the Properties as the Board “ShalA \prescribe.

£ B. Rules of Inspection. The Board shal} establish reasonable rules with respect to:

mber at the office of the Association or at such other place within the Properties as the Board “ShalA \prescribe.

£ B. Rules of Inspection. The Board shal} establish reasonable rules with respect to: i. Notice to be given to the custodian of the records; ii. Hours and days of the week when such an 19 ’ u0 ‘Od LEQ? T9LT inspection may be made; and iii. Payment of the cost of reproducing copies of documents requested.

Cc. Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by.a Director includes the right to make extracts and a copy of relevant documents at the expense of the Association.

sl vegontertz, hy 6.5. Notices. Unless otherwise provided in these By-Laws, all notices;..démands, bills, statements, or other communications under these By-Laws: shall be in writing and shall be deemed to have been duly given“if delivered personally or if sent by United States Mail, first class, postage prepaid: A. If to a Member or Voting Member, at the address which the Member or Voting Member has designated in writing and filed with the Secretary or,“ if; no such address has been designated, at S the address of the Unit, of.such Member or Voting Member; or -* B. If to the‘Association, the Board, or the managing ca agent, if any, or at such-other.address as shall be designated by -< 6.6. Amendments. MP. = BO ghee. nn RO gee A A. Prior to the conveyance’ of the first Unit, Developer

address as shall be designated by -< 6.6. Amendments. MP. = BO ghee. nn RO gee A A. Prior to the conveyance’ of the first Unit, Developer may unilaterally amend these By-Laws.”.After such conveyance, the Developer may unilaterally amend thése*By-Laws so long as it still owns property submitted to the Declaration for development as part of the Properties and so long as the amendment has no material adverse effect upon any right of any Mémber.

B. Thereafter and otherwise, these By-Laws may be amended only by the affirmative vote (in pérson or by alternate) or written consent, or any combination thereof ,.of Voting Members representing a majority of the total votes of \the Association, including a majority of the votes held by Members. other than the Developer. However, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be ta en under that clause. ees, oe C. No By-Law shall be revised or amended by reference to its title or number only. Proposals to amend existing By-Laws shall contain the full text of the By-Laws to be amended; new words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed 20 change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but instead a notation must be inserted immediately preceding the proposed amendment in substantially the following language: “Substantial re-wording of By-Law. See By-Law

s of words added or deleted, but instead a notation must be inserted immediately preceding the proposed amendment in substantially the following language: “Substantial re-wording of By-Law. See By-Law for present text." Nonmaterial errors or omissions in the By-Law amendment process shall not invalidate an otherwise properly promulgated ,amendment.

/ “BA No modification or amendment to these By-Laws shall be adopted which would affect or impair the priority of any Mortgages. ene ye eet of the mortgage held by such Mortgagee, or any of the rx ts. of the Developer, without their prior written consent. gS ae ot 6.7. Arbitration. Internal disputes arising from the operation of the..Assoéciation among Owners, the Board, or their agents and assigns may be resolved by voluntary binding arbitration. Any party to such an arbitration may seek enforcement of the final decision/of \the arbitrator in a court of competent jurisdiction. {hay hos, 40 Sessa 6.8. _Headi . The captions and headings pertaining to the articles and ‘sections of these By-laws are solely used for ease of reference’ and. in no way shall such captions or headings define, limit or in any. way affect the substance of any provisions contained in these By-laws.

Se a o4 ‘Od LE0C E9L1 6.9. ity. In sthe.event any of the terms or provisions contained in these By>iaws' shall be deemed invalid by a court of competent jurisdiction, such’ term or provision shall be severable from these By-laws and the“invalidity or unenforceability of any such term or provision shall. notaffect or impair any other term or provision contained in these By-laws.

6.10. Number and Gender. Whenever used in these By-laws, the singular number shall include the plural, the plural number shall

taffect or impair any other term or provision contained in these By-laws.

6.10. Number and Gender. Whenever used in these By-laws, the singular number shall include the plural, the plural number shall include the singular, and the use of any one gender shall be applicable to all genders. a aie 7 ¢ & ‘ 6.11. Governing Laws. The terms and provisions contained in these By-laws shall be construed in accordance.with and governed by the laws of the State of Florida. CA | ASSOCI ES; INC.

By Attest: 21 .

‘ ewrrrververvevvrvrrVUTE ee ewererurervVvr TET Ter ee! weveveruvervvevervveveves —SOUTH FLORIDA WATER MANAGEMENT DISTRICT MODIFICATION OF SURFACE WATER MANAGEMENT PERMIT NO.

CERTIFICATION FOR STORMWATER DISCHARGE 11 -00371-S Date Issued: JUNE 9, 1994 Issued To: | PROCACCI BROTHERS SALES CORPORATION (VILLAGEWALK/PHASE I) 20 NAPA BOULEVARD NAPLES) FL 33999 Located In: COLLIER couNTy, SEC. 6 TWP. 49S RGE. 26€ Original Authorization: ) CONSTRUCTION AND OPERATION OF A WATER MANAGEMENT SYSTEM SERVING 226.4 ACRES OF RESIOENTIAL/COMMERCIAL/GOLF COURSE a S DISCHARGING INTO 0-2 CANAL AND SR 31 ROADSIDE DITCH/ ee p .

Approved . Modification: woo! ICATION OF A SURFACE WATER MANAGEMENT SYSTEM TO SERVE A 33/0 ACRE RESIDENTIAL PROJECT DISCHARGING TO THE D-2 CANAL VIA AN ay ING ROADSIDE DITCH.

40 This Permit Modificaton is epproved pursusnt to eodigege Na. 940401-3 dated Apri 1, 1994. Permittee agrees to hold and seve, te South Flonide Water Management District end its sve ous ore hernias trom ary end ail dernages, claims or liabilities which may erse reason of the construction, eoeration, maimenence of use of any work or suucture involved in this Permit. The original Permit. inchuding

trom ary end ail dernages, claims or liabilities which may erse reason of the construction, eoeration, maimenence of use of any work or suucture involved in this Permit. The original Permit. inchuding olens and svecificetions stiached theretc, as sodreesed ty tne = yiatt report end those addressed by the Modification Staff Report ere es reference made « pert hereof. CF oe Sy 7 PS a All specifications end Soecial and Lumnung Condinons arvendént to sso engine Perrnut. uniess specifically recinded dy tivs or orevielia Special Conditions: Oe fs SEE SHEETS 2-3 OF 6-12 SPECIAL CONDITIONS.» SEE SHEETS 4-6 OF 6 - 19 LIMITING CONDITIONS: Original Permit Issued: NOVEMBER 13, 1986 “weal > Filed with the Clerk. af the South W Florida Water Management District Richard A. Rogers, P.E., rector % Surface Water " Mafiagement Division On Grigina! signed by: Regulation Departmgnt, By Vern Kaise —_ ‘of : She te oe i ‘ woe : 'I8* gur3 bossa s7e i oo | : ; Sheet 1 of 6 EXHIBIT 10.

11.

PERMIT N°’ .1-00371-S PAGE 2 wu. 6 SPECIAL CONDITIONS MINIMUM BUILDING FLOOR ELEVATION: 14 FEET NGVD.

MINIMUM ROAD CROWN ELEVATION: 12.75 FEET NGVD.

MINIMUM PARKING/LOT ELEVATION: 12.75 FEET NGVD.

AEP DISCHARGE FACILITIES: 1-.33' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV. 9° NGVD.

1-133’ WX 35° H_X’20 DEG. V-NOTCH WITH INVERT AT ELEV. 9° NGVD.

250 LF OF 2.5° DIA. RCP CULVERT.

aa Z£ RECEIVING BODY : D-2 CANAL VIA EXISTING ROADSIDE CANAL Sf os THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.

wa do

THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.

wa do MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT’ CREATED IN THE RECEIVING WATER.

THE DISTRICT RESERVES THE RIGHT TO REQUIRE \THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO,-THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO 8E NECESSARY. ae an LAKE SIDE SLOPES SHALL BE 4:1 (HORIZONTAL: VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL.-BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO /INSURE VEGETATIVE GROWTH.

PRIOR TO THE INITIATION OF ANY WITHDRAWAL OF WATER IRRIGATION. DEWATERING, PUBLIC WATER SUPPLY, ETC.), IT WILL BE NECESSARY T APPLY FOR A WATER USE PERMIT. THE PERMITTEE IS CAUTIONED THAT A MINIMUM OF 90.DAYS IS REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION< THE PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT’ PERMIT SHALL NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE AVAITABLE.: FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. (pu OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF DIVOSTA & COMPANY. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF CONDOMINIUM, IF APPLICABLE), A COPY OF THE FILED ARTICLES OF INCORPORATION, ANO A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING EXHIBIT D> 40 ‘Dd LE02 COLT C ( Cy PERMIT K 41-00371-S PAGE 3 OF 6

O A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING EXHIBIT D> 40 ‘Dd LE02 COLT C ( Cy PERMIT K 41-00371-S PAGE 3 OF 6 CERTIFICATION OF CONSTRUCTION COMPLETION.

12. IF THE PROJECT DESIGN IS CHANGED AS A RESULT OF OTHER AGENCY REQUIREMENTS, A SURFACE WATER MANAGEMENT PERMIT MODIFICATION MAY BE REQUIRED. THE PERMITEE SHALL NOTIFY SFWMD STAFF OF DESIGN CHANGES REQUIRED BY OTHER AGENCIES FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS.

PO ‘ua eo ff . Ve ihe EXHIBIT Dd “YO ‘Dd LE02 99LT PERMIT r~ -00371-S l PAGE 4 .. 6 LIMITING CONDITIONS THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUOING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. a, WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE’S PROPERTY OR INTO SURFACE HA JERS, OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, “BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE.

TEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE.

"THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS.

THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY AC EPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION, ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SORA CEMENT MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."

ALL BUILDING FLOOR ELEVATIONS SHALL BE SET “IN-ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, “BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT ee APPLICATIONS WITHIN SOUTH FLORIDA WATER ANAGEMENT.DISTRICT - MARCH, OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. C7.

A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, “BASIS OF RE EW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER, MANAGEMENT DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE ANO MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.

N ESTABLISHED TO OPERATE ANO MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.

THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY EXHIBIT De rack YY. oF LL _ PAGES 40 ‘Dd LEO? : LOLI 10.

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PERMIT vw ‘1-00371-S PAGE 5 6 RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC.

THE PERMITTEE SHALL HOLD AND SAVE THE OISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE oO PERMITS OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY HE PERMIT.

THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE, COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY HE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE-THE-PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MOOIFY THE SURFACE WATER-MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS.“ WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT’ (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DA op WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT-CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS-REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION.

OR AUTHORIZED AGENT SHALL SUBMIT-CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS-REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION.

WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR-AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION “BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS “MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE Wt one PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/ CONSTRUCTION CERTIFICATION OR EQUIVALENT) ..\ THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES.

ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED ORAWING ARE. OISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST (BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED: .

WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER JOF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER TN OWRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40€-1.6105 AND 40E-4.35], F.A.C.

A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY

ACCORDANCE WITH SECTIONS 40€-1.6105 AND 40E-4.35], F.A.C.

A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.

0 ‘Dd LE02 : 89L1 (> peRMITs-2-"1-00371-S , PAGE G6) OG 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.

18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION.

19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION oo DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40€420.302(4), F.A.C.

"By 4 oO wn =o Ca?

a | -wW @2 — —] an oo » DRAFT Subject to Governing Board Approval SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY LAST DATE FOR GOVERNING BOARD ACTION: OCTOBER 13, 1994 1._ADMINISTRATIVG APPLICATION, man: 940706-3 PERMIT nODiFCATIpR NUMBER: 11-00371-S PROJECT NAME: ‘VILLAGE WALK/LAKE PLAN LOCATION: COLLIER COUNTY S6/T49S/R26E APPLICANT'S NAME: DIVOSTA. & COMPANY OWNERS NAME AND ADDRESS: OIVOSTA & COMPANY 5457 N: AIRPORT ROAD NARLES EL 33942 DEVELOPER: DIVOSTA & COMPANY” _- a ENGINEER: COASTAL ENGINEERING cole INC Il. PROJECT DESCRIPTION LK e \, Od & PROJECT AREA: 56.70 acres DEAE AREA 56.70 acres DISTRICT DRAINAGE BASIN: D-2 CANAL a A RECEIVING BODY: D-2 CANAL VIA EXISTING ROADSIDE DITCH.

CLASSIFICATION: CLASS III PURPOSE:

ESCRIPTION LK e \, Od & PROJECT AREA: 56.70 acres DEAE AREA 56.70 acres DISTRICT DRAINAGE BASIN: D-2 CANAL a A RECEIVING BODY: D-2 CANAL VIA EXISTING ROADSIDE DITCH.

CLASSIFICATION: CLASS III PURPOSE: This application is a request for modification to Permit No” approve Construction and Operation for a 56.7 acre residential.

ser 343.0 acre residential development discharging to the D-2 Canal via an existing roadside ditch. Staff recommends approval with conditions.

1 EXHIBIT 2 PAGE —2— OF 21 _.. PAGES 40 ‘Od LEO? * OLLI BACKGROUND: Conceptual approval for the Vineyard project was originally issued on November 13, 1986 and subsequently modified for Construction and Operation under Permit No. 1]-00371-S. : On January 17, 1991 the District issued a modification for Construction and Operation to include an additional 555.0 acre project known as Stoneybrook Estates at the Vineyards. The project was never constructed and the permit modification has since expired. The Village Walk application is a new modi ficatjan/which replaces the expired Stoneybrook Estates project.

On June 9,°4994~ the Governing Board of the District issued a modification for Conceptual Approval. for 343.0 acres and Construction and Operation approval for a 100.0 acre“Phase 1 modification within a residential project known as Village Walk. Cr On July 6, 1994 an application was received requesting approval for Construction and Operation for a 56.7 acre Phase 2 lake system for Village Walk. A request for additional information was sent to the applicant on July 22, 1994. A response to the ‘additianal information request was received on August 10, 1994. On Sep tenes 3 1994 a letter was sent to the applicant stating that it appeared.the lake system did not meet District criteria. A

o the ‘additianal information request was received on August 10, 1994. On Sep tenes 3 1994 a letter was sent to the applicant stating that it appeared.the lake system did not meet District criteria. A response from the applicant was received on September 14, 1994 in which the applicant stated the proposed. take.system met District criteria. The applicant supplied certain inforniat ion supporting this position.

OE ee fy EXISTING FACILITIES: ‘ Cf Fy The previously permitted Village Walk.project is located on the south side of Vanderbilt Beach Road between I-75 afd Airport-Pulling road. The project site is west of I-75 and The Vineyards PUD.

40 e e ‘Od LE0 ILLI Existing ground elevations on this parcel vary from 11.2’ NGVD to 12.5’ NGVO.

The site is partially constructed and consists of a central lake which discharges at the northeast corner of the site“to jan existing culvert and thence to D-2 Canal. Construction has begun on’ Phase 1 of the project which was approved by the Governing Board of the District: on June 9, 1994. Phase 1 consists of portions of the lake system and a number of residential building lots. The perimeter berm system and contro) structure.are installed.

if Sg PROPOSED FACILITIES: ‘ The applicant proposes to modify The Village Walk at the Vingyards (Permit No.

11-00371-S) to construct Phase 2 improvements. Phase 2 improvements wil] complete the surface water management system by constructing“56.7 acres of additional lake.

Drainage for the Conceptually approved residential areas wil] be via rear lot swales and catch basins discharging to the lakes. Future permit modifications 2 EXHIBIT Dd will be required for Construction and Operation of the residential areas

ia rear lot swales and catch basins discharging to the lakes. Future permit modifications 2 EXHIBIT Dd will be required for Construction and Operation of the residential areas around the surface water management lake system in Phase 2. Discharge rates are limited to .06 cfs/acre as previously permitted for the D-2 Canal Basin.

The drainage system is designed to accept runoff from future improvements to Vanderbilt Beach road. No changes to the previously permitted surface water management system are proposed.

BASIN INFORMATION: WSWT Normal /Dry oe Area Elev Ctrl Elev Method of Basin Acres NGVD) (f Determination VILLAGE WALK 343.00 9.00 9/9 PERMIT NO.11-00371-S DISCHARGE STRUCTURE: INFORMATION: ie Water Quality Structures: Cg Invert ~ Str. Elev.

Basin “# Bleeder Type Dimensions VILLAGE WALK NO 1 W-NOTCH -33° wide X .35° ep ry, high Major Discharge Structures: TAN str. NAO Basin f VILLAGE WALK Crest Elev.

Discharge Culverts: Basin VILLAGE WALK Receiving Body: Str. Receiving Basin f Body ths VILLAGE WALK ] D-2 CANAL VIA EXISTING ROADS IDE. CANAL EXHIBIT » 40 ‘Od LE0¢ : cLLI IJ]. PROJECT EVALUATION Discharge Rate: As shown in the table below, the proposed project discharge is within the allowable limit for the area.

Design Storm Frequency: 25 YR-3 DAY Design Rainfall: 11.50 inches Cf b> Allow Design Design Ef. Disch Method of Disch Stage Basin es Determination ft, NGVD VILLAGE WALK. 20.6 PERMIT NO.1}-00371-S 19.8 12.6 ae WATER QUALITY: -“ Basin VILLAGE WALK ROAD DESIGN: is Oe spon OS As shown in the following table,/minimum road center lines have been set above the calculated design storm Flood: preyatyon.

Design Storm Freq: 25 YR-3 DAY. “Design Rainfall: 11.50 inches “Minimum Center? ine Elevation (ft, NGVD Basin

inimum road center lines have been set above the calculated design storm Flood: preyatyon.

Design Storm Freq: 25 YR-3 DAY. “Design Rainfall: 11.50 inches “Minimum Center? ine Elevation (ft, NGVD Basin VILLAGE WALK FINISHED FLOORS: ey As shown in the following table, minimum finished floor elevations have been set above the calculated design storm flood elevation. . por Design Storm Frequency: 100 YR-3 DAY’ Design Rainfall 14.60 inches Flood Elevation FEMA Elevation Design Elev Basin (ft, NGVD) (ft, NGVD) (ft, NGVD) VILLAGE WALK 13.9 n/a 14 exuiait 2 PAGE —/& OF > PAGES 40 e ?

‘Od LE02 ELLI PARKING LOT DESIGN: As shown in the following table, minimum parking lot elevations have been set above the calculated design storm flood elevation.

Design Storm Frequency: 25 YR-3 DAY Design Rainfall: 12.50 inches Flood Elevation Minimum Centerline Elevation ft., NGVD ft, NGVD 12.6 12.75 PROJECT SITE DESCRIPTION: The project site is dominated by fallow agricultural crops. No wetlands exist on the parcel and no adverse environmental impacts are anticipated as a result of the proposed project.

. 2 Lge. % = EXISTING ON SITE UPLAND COMMUNITIES: I 56.70 N/A ROW. CROPS 56.70 TOTAL ON SITE UPLAND ACREAGE! “56.70 s RO OS ENDANGERED, THREATENED & SPECIES OF SPECIAL’ CONCERN SUMMARY: The project site does not contain preferréd habitat for endangered, threatened, or species of special concern.. No endangered/threatened or species of special concern were observed onsite; and submitted information indicates that endangered/threatened or species of/special concern use of the site is not an issue. This permit does not rel e the applicant from

oncern were observed onsite; and submitted information indicates that endangered/threatened or species of/special concern use of the site is not an issue. This permit does not rel e the applicant from complying with all applicable rules and any other agencies requirements if in the future, endangered/threatened or species of special) concern are discovered on the site. ; a 34 WETLAND PRESERVATION AND IMPACT SUMMARY: He ge There are no wetlands located within the project boundaries, wetland impacts or wetland preservation is proposed. ¢ therefore no ye MITIGATION/MONITORING: The project contains no adverse environmental impacts and no mitigation is proposed.

SYSTEM OPERATION: Village Walk Homeowners Association Of Naples Inc.

PROPOSED. Lan USE(S): Residential” WATER USE PERMIT STATUS: Water Use permit application 940705-9 is being reviewed concurrently with this surface water management’ permit modification application.

This project is not a DRI: . > —— SAVE OUR RIVERS: 1 AS a The project is not within or adjacentto, lands under consideration by the Save -_ Our Rivers program. AO fo = MO e om” SWIM BASIN: we The project is not within nor does it disc designated SWIM basin.

RIGHT-OF-WAY PERMIT STATUS: _ ry A Right-of-Way Permit is not required for this project.

2 ENFORCEMENT ACTIVITY: Ss & There has been no enforcement activity associated with this application.

iit 6 EXHIBIT > THIRD PARTY INTEREST: No third party has contacted the District with concerns about this application.

WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield.

PRIMARY ISSUES RESOLVED: No primary 4ssues.

V. APPLICABLE _ARE

th concerns about this application.

WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield.

PRIMARY ISSUES RESOLVED: No primary 4ssues.

V. APPLICABLE _ARE The originally permitted. acreage for the Village Walk Conceptual approval was 343.0 acres and the. Phase 1 Construction and Operation approval was for 100.0 acres. The total 343. Q/acres includes future Vanderbilt Beach road improvements. A a The 56.7 acre Phase 2 modification will complete the 83.3 acre surface water management lake.

PROJECT age Gi —ERUVEGT THIS PHASE TOTAL ACRES 343.00 X00; 00. 56.70 acres WTRK ACREAGE 83.30 26. Ps, 56.70 acres PAVEMENT 80.00 FAC acres BUILD COVERAGE 45.30 acres PERVIOUS 134.30 acres %0 Od LE0C : SULT VI. STAFF RECOMMENDATION The Staff recommends that the following be issued: Authorization for Modification of a surface water management system to construct a 56.7 acre lake within a 343.0 acre residential development discharging to the D-2 Canal via an existing roadside ditch.

Based on the, information provided, District rules have been adhered to.

Staff rec metas is for approval subject to the attached Standard Lin An and Special Conditions.

Dy visage nevi» Subject to Governing Board Approval Dawn Dow ing DIVISION DIRECTOR; bate .

rie A. Bates : SURFACE WATER MANAGEMENT DIVISION wr Sy “OL REVIEWER Philip J. Kochan, €.1.

8 EXHIBIT d fe OF _ 2h patie PAGE 40 ‘Od LE0¢ : LLLT LIMITING CONDITIONS THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL

MIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE EC WATERS.

WATER Quat ity DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE’S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, “BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE. DATA N VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR: INTO. SURFACE WATERS OF THE STATE.

THIS PERMIT SHALL Not RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE bOCAL OR SPECIAL DISTRICT APPROVALS.

THE OPERATION PHASE OF tars “PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT’S ACCEPTANCE OF GERTIEICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ERA TIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE Ne TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION” COMPLETION CERTIFICATION.

ALL ROAD ELEVATIONS SHALL BE SET” IN-ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, “BASIS OF REVIEW FOR“SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA ATER ‘MANAGEMENT DISTRICT - MARCH, 1994," .

40 ‘Od LEN?

BLLI

CORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, “BASIS OF REVIEW FOR“SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA ATER ‘MANAGEMENT DISTRICT - MARCH, 1994," .

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BLLI ALL BUILDING FLOOR ELEVATIONS SHALL BE SET ah ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, “BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER WANAGEMENT DISTRICT MARCH, 1994."

OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOP ENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT ‘ A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT “ecco UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0,.."BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.

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THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC.

THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT.

on THIS PEDALS IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE~CAUSED: BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE

NSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE~CAUSED: BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WIEC REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS.

WITHIN 30 DAYS OF ASSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIF THE Ds Taicr (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE GR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE. AND. THE EXPECTED COMPLETION DATE.

WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBHIT. CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED Al UAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMME CEMENT, OF CONSTRUCTION.

WITHIN 30 DAYS AFTER COMPLETION. OF“ CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE Bea eR MORI Zep AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY. THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE’WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLE ITED“ CONSTRUCTION COMPLETION/ CONSTRUCTION CERTIFICATION OR EQUIVALENT). HE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, “EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES.

ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED:DRAWING ARE DISCOVERED

ON MUST INCLUDE, AT A MINIMUM, “EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES.

ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED:DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION. WUST BE ACCOMPANIED BY 40 ‘Dd LEO? : 6LLT A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED.

Sa el WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER) OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSEER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND 40E-4.35], F.A.C.

10 \ PAGE at - OF a } PAGES 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION ANO WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.

17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.

18. IT aS dg “RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER R RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION.

19. THE PERMIT f MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERI UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20. 302(4), F.A.C.

7, wi 40 ‘Od LE0C : 08LT 1] EXHIBIT \

RMIT f MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERI UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20. 302(4), F.A.C.

7, wi 40 ‘Od LE0C : 08LT 1] EXHIBIT \ 10.

ll.

12.

SPECIAL CONDITIONS MINIMUM BUILDING FLOOR ELEVATION: 14 FEET NGVD.

MINIMUM ROAD CROWN ELEVATION: 12.75 FEET NGVD.

MINIMUM PARKING LOT ELEVATION: 12.75 FEET NGVD.

wae ee va / DIScHAREE FBOALITIES: THROUGH PREVIOUSLY PERMITTED FACILITIES.

a THE PERMITTEE” SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SUBFACE WATER MANAGEMENT SYSTEM.

MEASURES SHALL BE AAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROGEEHS) ARE NOT CREATED IN THE RECEIVING WATER.

THE DISTRICT RESERVES-THE. RIGHT TO REQUIRE THAT ADOITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE. NEC CESSARY.

LAKE SIDE SLOPES SHALL BE “No STEEPER THAN 4:1 (HORIZONTAL: VERTICAL) TO A DEPTH OF TWO FEET BELOW THE ‘CONTROL: ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW, TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. <o oS PRIOR TO THE INITIATION OF ANY WITHDRAWAL. OF WATER (IRRIGATION, DEWATERING, PUBLIC WATER SUPPLY, ETC.), IT:WILL BE NECESSARY TO APPLY FOR A WATER USE PERMIT. THE PERMITTEE IS. CAUTIONED THAT A MINIMUM OF 90 DAYS TS REQUIRED FOR CONSIDERATION OF THE WATER SE PERMIT APPLICATION. THE PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT AYATLABEE Ce NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE 40 od LEQ? : 18LT Or FACILITIES OTHER THAN THOSE STATED HEREIN SHALL: | sot BE CONSTRUCTED WITHOUT

ANCE OF A SURFACE WATER MANAGEMENT AYATLABEE Ce NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE 40 od LEQ? : 18LT Or FACILITIES OTHER THAN THOSE STATED HEREIN SHALL: | sot BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. .

OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM Siac Be THE RESPONSIBILITY OF VILLAGE WALK HOMEOWNERS ASSOCIATION OF [NAPLES INC.

WATER QUALITY SAMPLES SHALL BE TAKEN QUARTERLY AT THE orschunce POINT DURING PERIODS OF DISCHARGE. SAMPLES SHALL ALSO BE TAKEN QUARTERLY AT REPRESENTATIVE POINTS WITHIN THE LAKE SYSTEM. THESE SHALL INCLUDE POINTS IN THE MAIN LAKE AND AT THE ENDS OF THE LAKE EXTENSIONS. A LABORATORY CERTIFIED BY THE STATE OF FLORIOA SHALL BE RESPONSIBLE FOR ALL WATER 12 EXHIBIT QUALITY SAMPLING AND ANALYSES. REPORTS INCLUDING THE PERMIT NUMBER SHALL BE SUBMITTED TO THIS DISTRICT ON A SEMI-ANNUAL BASIS. INITIAL SAMPLING RESULTS SHALL BE REPORTED TO THE DISTRICT PRIOR TO APRIL 30, 1995 AND SHALL CONTINUE UNTIL APRIL 30, 2000. THE DISTRICT WILL EVALUATE THE NEED FOR CONTINUED MONITORING FOLLOWING THE INITIAL FIVE YEARS OF DATA COLLECTION AND MAKE A DETERMINATION AS TO WHETHER DISCHARGE FROM THE LAKE SYSTEM CONFORMS TO STATE WATER QUALITY STANDARDS AS DEFINED IN CHAPTER 62302, FLORIDA ADMINISTRATIVE CODE. IF WATER QUALITY PROBLEMS DEVELOP, THE DISTRICT RESERVES THE RIGHT TO REQUIRE THE PERMITTEE TO SUBMIT MORE FREQUENT SAMPLING, MORE THOROUGH ANALYSES, AND A SPECIFIC ACTION PROGRAM AS. OY mig, WATER QUALITY STANDARDS WILL BE MET.

cLassiige ER\- ILI LEVEL - I MONITORING: pre AND SCHEDULE PARAMETER A. GENERAL“ — DISSOLVED OXYGEN (QUARTERLY) > of fo = eww — ~o S?

— —J co no 13 EXHIBIT PAGE ה 3396 PROCAN ICAN PALM INVER OUTER 11 D NOT 45 CA AMIAM VENETRAN と思 MAIL PME RIDOE 18 AIRPO no

NERAL“ — DISSOLVED OXYGEN (QUARTERLY) > of fo = eww — ~o S?

— —J co no 13 EXHIBIT PAGE ה 3396 PROCAN ICAN PALM INVER OUTER 11 D NOT 45 CA AMIAM VENETRAN と思 MAIL PME RIDOE 18 AIRPO no ALLADE 33542 31 PROJECT LOCATION VANDERENT BRACH LAKEINDE OF HAPLES BAT OPHIRE GARDEN 0 NORTH NAPLES TALL PIRES LIMNGSTON WOODS 851 PINEWOODS LOCATION MAP NOT TO SCALE PAGE EXHIBIT OF PAGES RIDGE 75 PY EXHIBIT 1 ONE LIPIR LARE SECROM VANDERBILT BEACH ROAD TYPICAL ROAD SECTION لا RIVERWALK SECTION COASTAL ENGINEERING CONSULTANTS, INC.

COASTAL & CIVA ENGKSEERS PLANNERS SURVEYORS GEOLOGISTS 2106 SOUTH MORSESHOE DR. NAPLES PLA. 33912" (313) 443-2374 FAX (213) 643-1143 FUTURE DEVELOPMENT POD (9) (LOT LIMES & EASEMENTS ARE APPRORMAT) QUTEALL STRUCTURE DEIAR BAI SEE OU OLUTFALL DETA NOTE .. سیه عید - Phase ino LAKE DRAINAGE PLAN کامیه INILALL OCIAL TYPICAL LAKE FRONT LOT CHADING PLAN هام SCALE EXHIBIT OF PAGE PAGES EXHIBIT RULES AND REGULATIONS FOR VILLAGE WALK The definitions contained in the Declaration of Covenants and Restrictions for Village Walk are incorporated herein as part of these Rules and Regulations.

1. MThe/fowners and lessees of each Lot shall abide by each and everytery and provision of the Declaration of Covenants and Restrictions; and each and every term and provision of the Articles of Incorporation, and By-Laws of the Association.

2. No bicycles, tricycles, scooters, baby carriages or other similar ve {cles or toys shall be allowed to remain in the Common Areas. ‘he walkways, bridges, sidewalks, and streets shall not be obstructed.

3. <Any damage /to the Common Areas, property, or equipment of the Association caus a by any Owner, his family member, guest, invitee or lessee shalx _be/ repaired or replaced at the expense of

ucted.

3. <Any damage /to the Common Areas, property, or equipment of the Association caus a by any Owner, his family member, guest, invitee or lessee shalx _be/ repaired or replaced at the expense of such Owner. _ 4. An Owner will not, park, or position his vehicle so as to prevent access to another Tot .. deve Owners, their families, guests, invitees, licensees, | 5 Resaces will obey the posted parking and traffic regulati 4 nstalled for the safety and welfare of all Owners.

5. No Owner shall do or he any assembling or disassembling of motor vehicles cept within his garage. Each Lot Owner shall be required to cleanvhis:.driveway of any oil or other fluid discharged by his motor’ veh: A 6. No transmitting or receiving: ‘eertal er antenna shall be attached to or hung from any part of a Lota r the Common Areas.

7. No clothesline or other similar device) shall be allowed on any portion of the Common Areas.

nocd 8. All garbage and refuse from the Lots gral be deposited with care in each Owner's private garbage contai ers y which shall be placed so they are not visible from the Roads or from adjoining Units. No garbage or refuse shall be deposited in any Common Area for any reason, except on the correct days of the week for pickup and removal. No littering shall be.done or permitted on the Association Property.

9. No commercial vehicle, recreational vehicle (including, without limitation, all terrain vehicles), camper, trailer, boat, motorcycle, van, bus, truck, or similar vehicle shall park or be parked at any time on any portion of the Common Areas, except for commercial vehicles, vans, or trucks delivering goods or 4 40 ‘Od LEO? : G8LI furnishing services. Said commercial vehicles, vans or trucks

ial vehicles, vans, or trucks delivering goods or 4 40 ‘Od LEO? : G8LI furnishing services. Said commercial vehicles, vans or trucks shall not park or be permitted to park overnight on any portion of the Common Areas or on any driveway or other portion of a Lot (except within the confines of a garage). Vehicles shall not be parked overnight on Roads or swales. The Association shall have the right to authorize the towing away of any such vehicles in violation of this rule with costs and fees, including attorneys’ fees, if any, to be borne by the vehicle owner or violator.

10. No’ garage doors shall be permitted to remain open except for temporary purposes, and the Board may adopt further rules for the regulation of the opening of garage doors.

ff 11. Complaints regarding the management of the Association property, or regarding the actions of other Owners, their families, guests, 6r lessees shall be made in writing to the Association and shall be signed by the complaining Lot Owner.

12. Any consént “or approval given under these Rules and Regulations by the Association may be revocable at any time by the Board. Lge if} 4 Sey oP oom 13. These Rules and Regulations may be modified, added to, or repealed in accordance with the By-Laws of the Association.

ON a ae Sy By esolution of the Board of Directors of Village Walk Homeowners Assogsation, Inc.

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