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Declaration of Covenants, Conditions, Restrictions & Easements
This instrument prepared by and after recordmg return to: Mark F. Graat, Esq. Greenspoon Marder, P.A. 200 Ess( Broward Blvd, Suite 1500 Fort Lauderdale, FL 33301 (954(527-2404) 9479875.4 111111II1111'hi Iill1IhlNI11111 I'll 11111111111111AIIN CFN 20130164862 OR HK 25972 PG 0001 RECORDED 04/24/2013 11:20:55 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0001 - 117; (117pgs) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND.EASEMENTS FOR HARBOR VIEW ESTATES TABLE OF CONTENTS 5.1. FVNCTIONOFASSOCIATION...........................................................................................14 PAGE ARTICLE I CREATION OF THE COMMUNITY MEMBERSHIP.................................................................................................................15 ........................ .................................. 1 I.I. PURPOSE AND INTENT...................................................................................................... 1 1.2. BINDINGEFFECC 6.2. MAINTENANCE OF COMMON AREAS.............................................................................. ................................:.............................................................................2 6.3. 1.3. GOVERNNG DOCUMENTS................................................................................................ 2 1.4. ENFORCEMENT ...............................................................................................................19 .................................................................................................................3 6.5. ARTICLE II CONCEPT'S AND DEFINITIONS ................. 4 6.6. ....................... _........................ 2.1. DEFINED TER,VIS............................................................................................................... 4 2.2. INTERPRETATION OF CERTAIN REFERENCES 6.8. .................................................................... 8 ARTICLE III USE AND CONDUCT ................. ......... ..... 9 ............................ ...................... 3.1. RESTRICTIONS ON USE, OCCUPANCY, AND ALIENATION .................................................. 9 3.2. RULE MAKNG AUTHORITY 7.1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS......................................................... ........................................................................................... 10 3.3. OWNERS' ACKNOWLEDGMENT AND NOTICE TO PURCHASERS ....................................... 12 ARTICLE IV MAINTENANCE AND REPAM .......... .............................................. ...12 4.1. BYTuEOWNER..............................................................................................................13 COLLECTION OF ASSESSMENTS 4.2. BY THE ASSOCIATION....................................................................................................13 ...................................................................................... ARTICLE V THE ASSOCIATION AND ITS MEMBERS..............................................14 7.5. 5.1. FVNCTIONOFASSOCIATION...........................................................................................14 5.2. MEMBERSHIP.................................................................................................................15 5.3. VOTING.............................................................................................................:............15 ARTICLE VI ASSOCIATION POWERS AND RESPONSIBILITIES .» ....................:....15 6.1. ACCEPTANCE AND CONTROL OF COMMON AREA.......................................................... 15 6.2. MAINTENANCE OF COMMON AREAS.............................................................................. 17 6.3. INSURANCE FOR COMMON AREAS................................................................................. 17 6.4. ENFORCEMENT ...............................................................................................................19 6.5. IMPLIED RIGHTS; BOARD AUTHORITY........................................................................... 21 6.6. PROVISION OF SERVICES TO LOTS.................................................................................. 22 6.7. RESPONSIBILITIESUA'DERGOVERNAiENTALPERMITS ...................................................23 6.8. SURFACE WATER AND STORM NATER MANAGEMENT SYSTEM 23 .................................... ARTICLE, VII COVENANT TO PAY ASSESSMENTS; ESTABLISHMENT OF LIENS; COLLECTION OF ASSESSMENTS; COLLECTION BY DECLARANT; CERTAIN RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES.......... 24 7.1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS......................................................... 24 7.2. OPERATING EXPENSES................................................................................................... 24 7.3. ESTABLISHMENT OF LIENS............................................................................................. 25 7.4. COLLECTION OF ASSESSMENTS ...................................................................................... 26 7.5. COLLECTION BY DECLARANT........................................................................................ 26 11 9479875.4 7.6. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES TO PAY ASSESSMENTS AND RECEIVE REMMURSEMENT............................................................ 27 ............................................ ARTICLE VIII METHOD OF DETERMINING ASSESSMENTS AND ALLOCATION OFASSESSMENTS.............................................................. ......... 27 8.1. DBTERMINING AMOUNT OF ASSESSMENTS ............... 27 8.2. ASSESS(vff•.TNTPAYMENTS .:........................... 8,3. SPECIAL ASSESSMENTS ........................ 27 8.4. LIABILITY OF OWNERS OF INDIVIDUAL IAT ASSESSMENTS .............................. ....28 .. BE'.VEFITEDASSESShIl'NTS ............................. .....28 8.6. BUDGETING FOR RESERVES .............. 29 8.7. ASSESSMENTS PAYABLE BY DECLARANT; DECLARANT SUBSIDIES ............... 8.8. DECLARANT'S OPTION TO HIND BUDGET DEFICITS...................................................... 30 8.9. DECLARANT'S DEFICIT FUNDING NOT THE OBLIGATION OF ANY INSTITUTIONAL MORTGAGEE...................................................................... _ ..:.. 30 8.10. WAIVER OF USE ..................................................... ............................................... ........ ARTICLE IX DEVELOPMENT PLAN ....... ....._.............. ..... _....... .. ... ... ........................ ...31 9.1. HARBOR VIEW ESTATES ...................................................... 31 ....................................:..... 9.2.1. Roadway..................................................................................... 32 9.2.2. Landscape Buffers ............... ... 32 9.2.3. Surface Water and Storm Water Management System and Preservation Areas and Easements..................................................... .. .........,........................................................... 33 9.2.4. Retaining Walls and Southern Terminus Wall ..................................................... 35 .2.5. Right to Add Additional. Ln ARTICLE X 10.1. 10.2. 10.3. 10.4. 10.5. 10.6. prosements....................................................... .. 35 ADDITIONAL RIGHTS RESERVED TO DECLARANT ........................ 35 MARKETING AND SALES ACTIVITIES RIGHT TO DEVELOP ............. .............................................. 35 .. .. A' ...................................... RIGHT TO APPROVE CHANGES THE .... COMMUNITY .. STANDARD . . . . . S................................... .................................... 37 RIGHT TO TkANSFER OR ASSIGN DECLARANT RIGHTS 37 .......................... ,,,,,,, ................. EASEMENT TO INSPECT AND RIGI IT TO CORRECT 3'] ............_........ ................................ RIGHT TO NOTICE OF DESIGN OR CONSTRUCTION... _ CLAIMS 38................ ............................................ 38 XI EAS EMENTS............... ...._.. EA39 SEMENTS IN CONLYION AREA ................................................. .................................... EASEMENTS OF ENCROACHMENT 39 .................... F_ASEMENTS FOR UTILITIES, ETC ............... .............................. .... ................................... EASEMENTS FOR MAINTENANCE, EMERGENCY, 39 AND ENFORCEMENT ............................ 40 ••...•... EASEMENTS FOR MAINTENANCE AND FLOODING ........................................................... EASEMENTS FOR CROSS -DRAINAGE ................. ARTICLE 11.7. EASEMENT FOR MAINTENANCE OF SURFACE WATER AND STORM WATER MANAGEMENT SYSTEM.................................................. ...... 41 8. SIGN EASEMENT .......................... 11.9. PRIVATEROADWAY .......................... 2 42 ARTICLE XH DISPUTE RESOLUTION ........ ............................ iii 9479875.4 12.1. AGREEMENT TO ENCOURAGE RESOLUTION OF DISPUTES WITHOUT LITIGATION ............. 43 12.2. DISPUTE RESOLUTION PROCEDURES....................:........................................................... 44 ARTICLE XIII MORTGAGEE PROVISIONS................................................................. 45 13.1. NoncEs of Ac oN................:..................................................................................... 45 13.2. OTHER PROVISIONS FOR FIRST LIEN HOLDERS.............................................................. 46 13.3. AMENDMENTS To DOCUMENTS..................................................................................... 46 13.4. CONSTRUCTION OF ARTICLE XVII ................................................................................. 47 13.5. No PRioRITY................................................................................................................. 47 13.6. NOTICE To ASSOCIATION............................................................................................... 47 13.7. FAILURE OP MORTGAGEE To RESPOND.......................................................................... 47 13.8. HUDNAAPPROVAL.....................................................................................................48 13.9. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES TO PAY ASSESSMENTS AND RECEIVEREIMBURSEMENT........................................................................................................ 48 ARTICLE XIV DISCLOSURES AND WAIVERS ......................... ... _.... _...................... 48 14.1. No LIABILITY FOR THIRD PARTY ACTS......................................................................... 48 14.2. VIEW IMPAIRMENT.......................................................... _.......................................... ... 49 14.4. CONSTRUCTION ACTIVITIES........................................................................................... 49 14.4. LIABILITY FOR ASSOCIATION OPERATIONS............................................................ ARTICLE XV CHANGES IN OW VERSHIP OF LOTS .............................................. . 50 ARTICLE XVI CHANGES IN COMMON AREAS ........ ............«.................................. 50 16.1. CONDEMNATION............................................................................................................50 16.2. PARTITIoN..................................................................................................................... 51 16.3. TRANSFEROR DEDICATION OF COMMON AREA............................................................. 51 ARTICLE XVII AMENDMENT OF DECLARATION .......................... ............. ...... 51 17.1. BY DECLARANT.......................................................:........................ 17.2. BY THE MEMBERS............................................................................. 17.3. APPROVAL BYSOLINFLORIDA WATER MANAGEMENT DISTRICT ... 17.4. VALIDITY AND EFFECTIVE DATE ...................................................... 17.5. ExmBITS.........................................................................................:. iv 9479875.4 .51 ............................. 51 ............................. 52 ............................. 52 ............................. 52 TABLE OF EXHIBITS EXHIBIT SUBJECT MATTER 9479875.4 Legal Description of Property Initial Use Restrictions Articles of Incorporation of Harbor View Estates Association, Inc. Bylaws of Harbor View Estates Community Association, Inc. South Florida Water Management District Permit DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS HARBOR VIEW ESTATES THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS ("Declaration") is made this —L?'—' day of Ov.�.t . 2013, by HARBOR VIEW ESTATES, LLC, a Florida limited liability company ("Declarant"). WHEREAS, Declarant is the owner in fee simple of the real property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property'); WHEREAS, Declarant desires to develop a residential community to be ]mourn as "Harbor View Estates" (as hereinafter defined) upon the Property; and WIIEREAS, in order to develop and maintain Harbor View Estates as a residential community and to preserve the values and amenities of such community, it is necessary to declare, commit and subject the Property and the improvements now or hereafter constructed thereon to certain land use covenants, restrictions, reservations, regulations, burdens, liens, and easements; and to delegate and assign to the Association certain powers and duties of ownership, administration, operation, maintenance and enforcement; and WHEREAS, the Association is joining in this Declaration in order to acknowledge its obligations hereunder. NOW, THEREFORE, in consideration of the premises and covenants herein contained, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth, all of which shall run with the Property, and which shall be binding upon all parties having any right, title or interest in the Property, their heirs, successors and assigns. ARTICLE I CREATION OF THE COMMUINT N 1.1. . 1'uMose and Intent Declarant (as defined in Article 11), as the owner of the real property described in Exhibit "A," intends, by recording of this Declaration of Covenants, Conditions, Restrictions and Easements for Harbor View Estates (the "Declaration"), to establish a general plan of development for Harbor View Estates, a residential community. This Declaration, together with 9479875.4 the other Governing Documents described in Section 1.3, provides for the overall development, administration, maintenance, and preservation of Harbor View Estates. An integral part of the development plan is the creation of Harbor View Estates Association, Inc. (the "Association") to own, operate, and/or maintain various common areas and community improvements and to administer and enforce this Declaration and the other Governing Documents. This document does not and is not intended to create a condominium under Florida law. 1.2. Binft Effect This Declaration governs the Property which is described in Exhibit "A." This Declaration shall ran with the title to such Property and shall bind everyone having any right, title, or interest in any portion of such Property, their heirs, successors, successors -in -title, and assigns. Declarant, the Association, any aggrieved Owner (as defined in Article II), and their respective legal representatives, heirs, successors, and assigns, may enforce this Declaration. Each Owner shall automatically be a Member (as defined in Article H) of the Association. This Declaration is intended to have perpetual duration, but shall be effective for a minimum of 30 years from the date it is recorded, subject to the right of Declarant and the Members to amend it as provided in Article XVH. After the initial 30 -year period, it shall automatically be exiended for successive 10 -year periods in perpetuity unless, within the 12 - month period preceding any extension, an instrument signed by the then Owners of at least 75% of the Lots (as defined in Article II) agreeing to terminate this Declaration is recorded. If any provision of this Declaration would be invalid under the Florida Uniform Statutory Rule Against Perpetuities, that provision shall expire 90 years after this Declaration is recorded. This section does not authorize termination of any easement created in this Declaration without the consent of the holder of such easement 1.3. Governing Documents. The following chart identifies the documents which govern the community (as they may be amended from time to time, the "Governing Documents' and describes, in part, the purpose of each, Every Owner and occupant of a Lot in Harbor View Estates, and their respective gum, tenants, visitors and invitees, shall comply with the Governing Documents. murnsernern ice: rroposeci "Harbor View Estates" creates obligations which are binding upon the Development Association and all present and future owners and (Recorded in Official Records Book 25243, occupants of, and oibers with any interest in, property In Page 20, of the Public Records of the County the Community Declaration — (Recorded) Articles of Incorporation (riled with the Secretary of State; initial Articles attached as Exhibit-Cn) 9479875.4 creates onligabons which are binding upon the Association and all present and tuiure owners and occupants of, and others with any interest in, property in the Community establish the Association as a not-for-prolil corporation under Florida law Bylauvs govern the Association's internal affairs, such as voting (Board adopts; Initial Bylaws attached as rights, elections, meetings, officers. etc. Exhibit T') Use Restrletions (Initial set attached as Exhibit 061 Board Resolutions and Rules (Board may adopt) govern use of property and activities within the Community establish rules, polities, and procedures for internal governance and Association activities; regulate operation and use of Common Area (as defined In Article II) Additional covenants, conditions, restrictions and easements may be imposed on all or any portion of the Community, in which case the more restrictive provisions will be controlling. However, no Person (as defined in Article 11) shall record any additional covenants, conditions, restrictions or easements which abridges, affects or modifies any of Declarant's rights and privileges under this Declaration affecting any portion of the Community without Declarant's written consent, during the Development and Sale Period (as defined in Article ]I), or without the Board's consent thereafter. Any instrument recorded without the necessary consent is void and of no force or effect. 1f there are conflicts between Florida law, the Agreement, this Declaration, the Articles, and the Bylaws, then llorida law, the Agreement, this Declaration, the Articles, and the Bylaws (in that order) shall prevail If any cmurt determines that any provision of this Declaration is invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or other applications of the provision. 1.4. Enforcement. The Association and Declarant shall have the right to enforce compliance of the terms of this Declaration by each Owner, his or her family, lessees, invitees and guests. Each Owner, Palm Beach County and the SFWMD shall have the right, but not the obligation, to enforce this Declaration to the extent an Owner or the Association fails to maintain the Surface Water and Stone Water Management System, private rights-of-way and any easements appurtenant to the Surface Water and Storm Water Management System or private rights-of-way owned by the Association in a manner required by governmental approvals. In the event the Association, or any successor organization, shall fail to adequately maintain the Surface Water and Storm Water '_Management System in accordance with Palm Beach County standards, Palm Beach County shall have the right, but not the obligation, to enter the Community for the purpose of maintaining the Surface Water and Storm Water Management System. All expenses incurred by Palm Beach County in maintaining the Surface Water and Storm Water Management System shall be assessed prorate. (equally) against the Lots and shall be payable by the Owners of the Lots within 60 days after receipt of a statement therefor. If any Owner fails to pay such assessment within such 60 -day period, the assessment shall become a lien on such Owner's Lot which may be foreclosed by Palm Beach County. The rights of Palm Beach County contained in this restriction shall be in addition to any other rights Pahn Beach County may have in regulating the operation and development of the Community. 9479975.4 There are additional enforcement rights as set forth in the Agreement. ARTICLE II CONCEPTS AND DEFINITIONS 2.1. Defined Terms. The terms used in the Goveming Documents are given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms are defined as follows: "Affiliate": Any Person which (either directly or indirectly, through one or more intermediaries) controls, is in common control with, or is controlled by, another Person, and any Person that is a director, trustee, officer, employee, independent contractor, shareholder, agent, co -venturer, subsidiary, personal representative, or attorney of any of the foregoing. For the purposes of this definition, the term "control" means the direct or indirect power or authority to direct or cause the direction of an entity's management or policies, whether through the ownership of voting securities, by contract, or otherwise. "Aereement": That certain Agreement Re: Proposed "Harbor View Estates" Development recorded in Official Records Book 25243 Page 20, of the Public Records of the County. "Articles": The Articles of Incorporation of Harbor View Estates Association, Inc., fried with the Secretary of State for the State of Florida, as they may be amended from time to time. A copy of the Articles are attached to this Declaration as Exhibit "C." "Assessment": Assessments for which all Owners are obligated to pay to the Association and includes "Individual Lot Assessments," "Benefited Assessments" and "Special Assessments" (as such terms are defined herein) and any and all other assessments which are levied by the Association in accordance with the Governing Documents. "Association": Harbor View Estates Association, Inc., a Florida not-for-profit corporation, its successors or assigns. "Board of Directors" or `Board": The body responsible for the general governance and administration of the Association, selected as provided in the Articles. "Builder": Harbor View Estates, LLC, a Florida limited liability company, or its successors or assigns, and any other entity(ies) Declarant may designate as a Builder. Declarant shall have the right to assign, in whole or in part, any of its rights and/or responsibilities hereunder to a Builder(s). "Bylaws': The Bylaws of Harbor View Estates Association, Inc., as they may be amended from time to time. A copy of the initial Bylaws is attached to this Declaration as Exhibit "D." 4 9479875.4 "Class "B" Control Period": The time period during which the Class "B" Member may appoint a majority of the Board members. The Class "B" Control Period shall end when any one of the following occurs: (a) when 900/6 of the Lots have been conveyed by Declarant and are owned by Class "A" Members other than Declarant; or (b) when, in its discretion, the Class "B" Member so determines. "Common Area" or "Common Property": All real and personal property, including easements, which the Association owns, holds, leases, or otherwise has a right to possess or use for the common use and enjoyment of the Owners. Common Area includes the Surface Water and Storm Water Management System, the Tract A Roadway and the Landscape Buffers shown on the Plat "Community" or "Harbor View Estates": The real property described in Exhibit "A.', "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Community, or the minimum standards established pursuant to the Use Restrictions and Board resolutions, whichever is the highest standard. Declarant initially shall establish such standard and Declarant has the right to change such standard in its sole discretion. The Community -Wide Standard may contain objective elements, such as specific maintenance requirements, and subjective elements, such as Matteis subject to the Board's discretion. The Community -Wide Standard may or may not be set out in writing. The Community -Wide Standard may evolve as development progresses and as the Community matures. "County": Palm Beach County, Florida " elarant": Harbor View Estates, LLC, a Florida limited liability company, or any successor or assign as developer of the Community that is designated as Declarant in a recorded instrument which the immediately preceding Declarant executes. Any Person who at any time holds the rights of Declarant hereunder and subsequently transfers or assigns the rights of Declarant to another Person shall be known as a "predecessor Declarant" and, unless otherwise agreed in writing, shall be entitled to the rights of a predecessor Declarant established in this Declaration. Whether or not specifically stated, a predecessor Declarant shall be afforded the same protection with respect to matters arising during its tenure as Declarant as the predecessor Declaraut would have if it were still Declarant, "Development Plan''': The land use plan for the Community described in Article DC, as the same may be amended from time to time by Declarant, which includes all of the property described in Exhibit "A." Reference should be made to Article IX of this Declaration for the respective rights and obligations of Owners and Declarant with respect to the use and development of the Community. "Development and Sale Period": The period of time during which Declarant and/or its Affiliates and/or any Builder and/or its Affiliates are using the Community for the sale and marketing of Lots or Homes in the Community, including, but not limited to, the holding of sales and marketing meetings, the use of models, the use of design centers, the use of service and construction trailers, and engaging in sales promotions and related sales and marketing activities for the general public. "HOA Act": The homeowners' association act, Chapter 720, Florida Statutes, as amended through the date of recording this Declaration amongst the Public Records of the County. "Home": A residential dwelling unit in Harbor View Estates intended as an abode for one family. The term Home shall include the Lot as provided in this Article Il, Section 2.l . "Improvement": Any Home, building, structure or improvement of any kind including, but not limited to, any wall, fence, landscaping, planting, topographical feature, mailbox, play set, basketball pole and backboard, swimming pool, tennis court, screen enclosure, driveway, sidewalk, sewer, drain, water area, outside lighting or sign and addition, alteration or modification thereto. "Institutional Mortgage": A mortgage held by an Institutional Mortgagee on any property within Harbor View Estates. "Landscape Buffers": As defined in Section 9.2.2 hereof. "Institutional Mortgagee": Any lending institution owning a first mortgage encumbering any Home or Lot within Harbor View Estates, which owner and holder of said mortgage shall either be a bank, life insurance company, federal or state savings and loan association, real estate or mortgage investment trust, building and loan association, mortgage banking company licensed to do business in the State of Florida, or any subsidiary thereof, licensed or qualified to make mortgage loans in the State of Florida or a national banking association chartered under the laws of the United States of America or any "secondary mortgage market institution," including the Federal National Mortgage Association ("FNMA"), Government National Mortgage Association ("GNMA" ), Federal Home Loan Mortgage Corporation ("FHLMC") and such other secondary mortgage market institutions as the Board shall hereafter approve in writing; any and all lenders, and the successors and assigns of such lenders, which have loaned money to Declarant and which hold a mortgage on any portion of the Property securing any such loan; any pension or profit-sharing funds qualified under the Internal Revenue Code; the Veterans Administration, the Federal Housing Administration or the Department of Housing and Urban Development or such other lender as is generally recognized in the community as an institutional lender; or Declarant, its successors and assigns. "Legal Costs": The costs which a Person entitled to reimbursement for "Legal Costs, under any provision of the Governing Documents incurs in pursuing legal action (regardless of whether suit is filed) to enforce the Governing Documents, including, but not limited to, reasonable attorneys' and paralegals' fees, expert witness fees, and court costs at all tribunal 9479875,4 levels incurred in connection with: (i) negotiation and preparation for mediation, arbitration or litigation, whether or not an action is actually begun, and (ii) collection of past due Assessments including, but not limited to, preparation of notices and liens. "Lot": A portion of the Community, whether improved or unimproved, which may be independently owned and conveyed, and which is improved, or intended to be improved, with a Home. The term shall refer to the land, if any, which is part of the Lot as well as any improvements on tho Lot. The boundaries of each Lot are shown on the Plat. Upon completion of construction of the Home on a Lot, such Lot and the improvements thereon shall collectively be considered to be a Home for purposes of this Declaration and the other Governing Documents. "Member": A Person subject to membership in the Association, as described in Section 5.2. There initially are two (2) membership classes — Class `'A" and Class "B," "Mo a e": A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Lot. The term "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. "Operating Fxpensee': shall mean the expenses for which Oumers are liable to the Association as described in this Declaration and any other Governing Documents and include, but are not limited to: (a) the costs and expenses incurred by the Association in owning, administering, operating, maintaining, financing,repairing, reconstructing, replacing or improving the Common Area or any portion thereof and Improvements thereon, all other property owned by the Association (including, without limitation, the Surface Water and Storm Water Management System, the Tract A Roadway and thc Landscape Buffers), and (b) all costs and expenses incurred by the Association in carrying out its powers and duties hereunder or under any other Governing Documents. "Owner": The record title holder to any Lot, but excluding, in all cases, anyone holding an interest merely as security for the performance of an obligation (e.g., an Institutional Mortgagee). "Person"; An individual, a corporation, a partnership, a trustee, or any other legal entity. "Plat": The plat of Hidden Harbour Estates Plat Two recorded in Plat Book 115, Page 173, of the Public Records of Palm Beach County, Florida, and any replats thereof or any portions thereof hereof. "FIgRgft5�": The real property described in Exhibit "A" attached hereto and made a part "Rules and Re ations": shall mean the rules and regulations pertaining to the Community as established by the Association, as same may be amended and/or abolished from time to time. "Surface Water and Stone Water ManagementSystem": A drainage system consisting of swales, inlets, culverts, outfalls, storm drains and the like, and all connecting pipes and casements, which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb or inhibit water to prevent or reduce flooding, over -drainage, environmental degradation, and water pollution or otherwise affect quantity and quality of discharges from the system, as permitted pursuant to the SFWMD Rules. The Surface Water and Storm Water Management System facilities include, but are not limited to, all inlets, ditches, swales, culverts, water control structures, and any associated buffer areas, to the extent that any such facilities, areas, or conditions apply to the Community. "SFWIvtD": shall mean and refer to the South Florida Water Management District, a regional water management district established in accordance with Florida law, and any successor, governmental agency, body or special district charged with the rights and responsibilities of the SFWTVO. "MV 1D Permit" shall mean SFWMD Environmental Resource Permit No. 50-09926-P issued by the SFWMD on January 13, 2012, a copy of which is attached hereto as Exhibit "E," as same may be amended and/or modified from time to time. "Tumov ': The date Class "B" membership shall cease and be converted to Class "A" membership, upon which Declarant transfers majority control of the Board as provided in the Articles. "Use Restrictions": The initial use restrictions, rules, and regulations governing the use of and activities on the Lots and Common Areas are set forth in Exhibit "B," as they may be changed in accordance with Article III or otherwise amended from time to time. 2.2. Interpretation of Certain References. (a) Recordine. All references in the Governing Documents to a "recorded" legal instrnment, or to recordation or the recording of a legal instrument, shall refer to an instrument filed, or the filing of a legal instrument, in the public records of the County, or such other place designated as the official location for filing documents affecting title to real estate in the County in order to make them a matter of public record (b) Consent or Anoroval. All references in the Governing Documents to "consent" or "approval" shall refer to permission or approval which, unless otherwise expressly qualified in the specific provision, may be granted or withheld in the discretion of the Person whose consent or approval is required. (c) Discretion and Determinations. All references in the Governing Documents to "discretion" or to the right to "determine" any matter shall refer to the sole and absolute power or right to decide or act and, unless otherwise expressly limited in the Governing Documents, a Person entitled to exercise its discretion or make a determination may do so 9479875.4 without regard to the reasonableness of, and without the necessity of justifying, the decision, determination, action or inaction. ARTICLE III USE AND CONDUCT 3.1. Restrictions on Use Occupancy, and Alienation. In addition to the Use Restrictions set forth in Exhibit `B" which may be modified as provided below, the Lots shall be subject to the following restrictions set forth in this Section and may be amended only in accordance with Article XVII. (a) Residential and Related Uses. Lots shall be used primarily for residential and related purposes. No business shall be conducted in, on, or from any Lot, except that an occupant residing in the Home on a Lot may conduct business activities ancillary to their primary residential use, if the business activity, as determined in the Board's discretion: (i) is not apparent or detectable by sight, sound, or smell from outside of a permitted structure; (ii) complies with applicable zoning and other legal requirements and other requirements of this Declaration; (iii) does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees, or door-to-door solicitation within the Community; and (iv) is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the use and enjoyment of other Lots by the Owner thereof or the security or safety of others within the Community. `Business" shall have its ordinary, generally accepted meaning and shall include, without Iimitation, any occupation, work, or activity undertaken on an ongoing basis which involves providing goods or services to Persons other than the family of the producer and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether (a) such activity is engaged in full or part time, (b) such actildty is intended to or does generate a profit, or (c) a license is required. No Lot shall be rezoned to any classification allowing commercial; institutional, or other non-residential use without the express written consent of the Association and Declarant, which either may withhold in their discretion. Notwithstanding anything in this Article to The contrary, Declarant or the Association may enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the party pursuing the unapproved rezoning, in addition to and not in limitation of Declarant's or the Association's other rights and remedies. This Section shall not apply to restrict Declarant's, or Declarant's Affiliates' or Builder's or Builder's Affiliates' activities, nor shall it restrict the activities of Persons Declarant approves 9 9479875A with respect to the development, construction, and sale of property in the Community, This Section shall not apply to Association activities related to operating and maintaining the Community. Leasing of a Home by the Owner thereof for residential occupancy shall not be considered a "business" within the meaning of this subsection; however, no Owner or group of Owners who are Affiliates shall, on their own behalf or through any agent, engage in leasing activity with respect to multiple Lots at the some time. (b) Occupants Bound Every Owner shall cause anyone occupying or visiting his or her Lot to comply with the Governing Documents and shall be responsible for all. violations of the Governing Documents and any damage and losses they cause to the Common Areas, notwithstanding the fact that such Persons also are personally responsible for complying and may be sanctioned for any violation. (d) Subdivision of a Lot. Lots may not be subdivided or their boundary lines changed except with Declarant's prior written approval. (d) Lodeina: Timeshares. No Lot may be used as a rooming house, hostel, or hotel. Timesharing or other urrangements involving more than three ownership interests in a Lot (including ownership by more than three Persons as joint tenants or tenants-in-common), or assigning separate use periods of less than thirty (30) consecutive days' duration, are prohibited 3.2. Rule Maldng Authority. (a) Subject to the terms of this Article and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and the Members, the Board may change (i.e., modify, cancel, limit, create exceptions to, or add to) the Use Res�ictions and/or Rules and Regulations; however, during the Development and Sale Period the Board shall be required to obtain Declarant's written consent. The Board shall send the Members notice of any proposed change at least five (5) business days before the Board meeting at which such change wffi be considered. The Owners shalt have a reasonable opportunity to be heard at such Board meetings. The proposed change to the Use Restrictions shall be approved unless disapproved by a majority of the Class "A" votes, and by the Class "B" Member, if any, The Board is not obligated to call a meeting of the Members to consider disapproval unless it receives a petition that meets the Bylaws requirement for special meetings. If the Board receives such a petition before the effective date of the change, the change shall not become effective until atter a meeting is held, and then subject to the outcome of the meeting. The Board, acting alone, may amend and/or abolish the Rules and Regulations, or any of them, in the Board's discretion, subject to its duty to exercise business judgment and reasonableness on behalf of the Association and the Members. (b) Alternatively, members representing a majority of the Class "A" votes, at an Association meeting duly called for such purpose, may vote to change the Use Restrictions 10 9479875A and/or the Rules and Regulations then in effect Any such change during the Development and Sale Period shall require approval of Declarant. (c) In the event of a conflict between the Use Restrictions or Rules and Regulations, and any provision within this Declaration (exclusive of the Use Restrictions), the Declaration provision shall control. (d) The procedures described in this Section 3.2 are not intended to apply to reasonable rules and regulations relating to use and operation of the Common Area, which the Board may adopt by resolution, or other administrative rules, unless the Board chooses, in its discretion, to submit to such procedures. (e) Except as may be set forth in this Declaration (either initially or by amendment) or in the Use Restrictions set forth in Exhibit "B," or in the Rules and Regulations, the Association's actions with respect to Use Restrictions and Rules and Regulations must comply with the following: (ti) Activities Within Homes. The Association shall not interfere with activities carried on within a Home, except that it may prohibit activities not normally associated with residential property, and it may restrict or prohibit activities that create monetary costs for the Association or other Owners, that create a danger to anyone's health or safety, that generate excessive noise or traffic, that create unsightly conditions visible outside the IIome, that create undesirable odors noticeable to persons outside the Home, or that are an unreasonable source of annoyance, or that violates a provision of the Governing Documents. This provision shall not be applicable to Declarant and/or its Affiliates and/or a Builder and/or its Affiliates. (ii) Alienation. The Association shall not prohibit leasing or transfer of any Lot, or require the Association's or the Board's consent prior to leasing or transferring a Lot. The Association may impose restrictions on leasing and may require that Owners use an Association -approved addendum (or include specific lease terms) and may impose a reasonable review or administrative fee on the lease or transfer of any Lot. (iii) Abridging Existing Rights. The Association may not requite an Owner to dispose of personal property that was in or on a Lot in compliance with previous rules. This exemption shall apply only during the period of such Owner's ownership of the Lot and shall not apply to subsequent Owners who take title to the Lot after adoption of the rule. (iv) Right to Develop. The Association may not impede Declarant's or any Builder's right to develop, market, or sell the Property or any portions thereof. Declarant plans to undertake the work of constructing Homes and Improvements upon the Property. The completion of the aforementioned work and the sale of Homes by Declarant, Builder and their affiliates are essential to the establishment and welfare of the Property as a residential community. In order that such work may be completed and a fully occupied community established as rapidly as possible, neither the Owners nor the Association shall do anything whatsoever to interfere with or impede any of Declarants, Builder's or of their 11 9479875.4 affiliates' activities relating to the selling of Lots or constructing of Homes and Improvements upon the Property, or the sale of Homes by Declarant, Builder or any of Declarant's affiliates. In this respect, Declarant hereby reserves the right for itself and its employees, agents, licensees, and invitees to come upon any and all portions of the Property (including, without limitation, the Common Areas as well as a Lot even after the same has been conveyed to an Owner) as may be necessary or convenient to enable Declarant, Builder and/or any of their affiliates to carry on its work and other activities including, without limitation, Declarant's development and construction of Harbor View Estates and the Homes therein. In general, the restrictions and limitations set forth in this Article III and in Exhibit "B" shall not apply to Declarant or to Lots owned by Declarant: Declarant shall specifically be exempt from any restrictions which interfere in any manner whatsoever with Declarant's plans for development, construction, sale, lease, or use of the Property and to the Improvements thereon. Declarant shall be entitled to injunctive relief for any actual or threatened interference with its rights under this Article III and Exhibit "B" in addition to whatever remedies at law to which it might be entitled. This subsection (f) may not be amended without the prior written consent of Declarant so long as Declarant owns any portion of the Property. 3.3. Owners' Acknowledwrment and Notice to Purchasers. Each Owner, by accepting a deed, acknowledges and agrees that the use, enjoyment, and marketability of his or her Lot is limited and affected by the terms of the Governing Documents, including the Use Restrictions and the Rules and Regulations, which may change from time to time. All Lot purchasers are on notice that the Association may have adopted changes to the Use Restrictions and Rules and Regulations and that such changes may or may not be set forth in a recorded document. Copies of the current Use Restrictions and Rules and Regulations may be obtained from the Association. ARTICLE IV MAINTENANCE AND REPAIR The responsibility for the maintenance of the Property is divided between the Association and the Owners. Interior and exterior maintenance of structures is the responsibility of the owners of such structures. The Association may enter into agreements with others for the Association's management and/or maintenance of all or part of the property to be maintained by such entity (regardless of whether the subject property is within the Property) for purposes of carrying out all or a portion of the maintenance responsibilities of such entity, the expenses of which may be designated an Operating Expense, if the Association's Board of Directors determines such is in the interest of the Owners. Privately owned property shrill be the maintenance responsibility of the Owner thereof, unless the responsibility is assumed by another by agreement approved or acknowledged by the Association. Open space owned by or dedicated to the Association shall be maintained by the Association and will not be diminished or destroyed in a manner which materially alters its use or enjoyment as open space. . 12 75.4 4.1. By the Owner. Each Owner must maintain his or her Home, including all structures and other Improvements comprising the Lot, in a manner consistent with the Governing Documents, the Community -Wide Standard, and any other applicable covenants. The Owner of each Home shall be responsible for any damages caused by a failure to so maintain such Home. The Owners' responsibility for maintenance, repair and replacement shall include, but not be limited to, all of the physical structures constructed in, upon, above or below the Lot, and physical items attached or connected to such structures that run beyond the boundary line of the Lot which exclusively service or benefit the Lot and Home. Without limiting the generality of the foregoing, the Owner of each Lot slwll keep all drainage structures (such as catch basins) located on the Owner's Lot clear of grass, leaves and other debris. Additionally, the painting, caulking and maintenance of the exterior surface of all walls, doors, windows and roof of the physical structure of the Home shall be performed by the Owner, and the exterior surface of such walls, doors, windows and roof shall at all times be maintained in a good and serviceable condition with no damage or other defect therein by the Owner. The Owner of a Lot further agrees to pay for all utilities, such as telephone, cable or satellite television, water, sewer, sanitation, electric, etc., that may be separately billed or charged to each Home. The Owner of each. Lot shall be responsible for insect and pest control within the Home and the Lot. The Owner of each Lot shall be responsible for the maintenance of all landscaping located on his Lot. In the event the Declarant installs, or causes the installation of, landscaping on a Lot, the Owner shall be obligated to maintain and replace such landscaping to keep the Lot looking substantially similar based upon such originally installed landscaping. 4.2. By the Association 111e Association shall perform, or cause to be performed, the following on the Common Areas: (i) maintenance (including fertilizing, watering, and replacing and controlling disease and insects), of all landscaping existing with the Landscape Buffers in their natural state. The Association shall not be required'to replace landscaping which is damaged or destroyed by an act of God but may do so as determined by the Board. (ii) operation, maintenance, repair, and replacement of any irrigation equipment (including, without limitation, any sprinklers, pumps, wells, water lines, and time clocks, wherever located) serving the Landscape Buffers. Notwithstanding the foregoing, each Owner shall be responsible for any damage caused to any portions of the irrigation system in the Landscape Buffers caused by such Owner and/or such Owner's family members, tenants, guests and invitees and Owner shall indemnify, defend and hold Association hamlless from and against any and all losses, claims damages and/or liabilities resulting from any such damage. (iii) . maintenance, repair, and replacement of (a) the Tract A private roadway ("Roadway"); (b) the retaining walls within or adjacent to the Landscape Buffers; and (c) the wall at the southern terminus of the Roadway. Notwithstanding the foregoing, each Owner shall be responsible for any damage caused to any portions of the Roadway or walls caused by such 13 794 9975.4 Owner and/or such Owner's family members, tenants, guests and invitees and Owner shall indemnify, defend and hold Association harmless from and against any and all losses, claims damages and/or liabilities resulting from any such damage. (iv) Declarant has constructed and installed drainage swales, drainage lines, and/or other equipment on the Lots for the purpose of managing and/or containing the flow of surface water, if any, found upon such Lots from time to time. Except to the extent that such responsibility is assigned to or assumed by the Owners pursuant to this Declaration or any Supplemental Declaration, the Association shall be responsible for the maintenance, operation, and repair of such drainage 'swale(s), drainage lines, and other equipment. Maintenance, operation, and repair shall, without limitation, mean the exercise of practices, such as mowing and erosion repair, which allow the drainage swales, drainage lines, and other equipment to provide drainage, water storage, conveyance, or other storm water management capabilities as permitted by the SFWMD. Filling, excavation, construction of fences, or otherwise obstructing the surface water flow in or into the drainage swales, drainage lines, and other equipment is prohibited No alteration of a drainage swale, drainage lines, and other equipment shall be authorized and any damage to any drainage swale, drainage lines, and other equipment, whether caused by natural or human -induced phenomena, shall be repaired and the drainage swale returned to its former condition as soon as possible by the Owner(s) of the Lot upon which the drainage swale, drainage lines, and other equipment is located. TheAssociation shall enter into a maintenance agreement with a professional company to inspect and maintain the drainage system within the Community. The costs associated with such maintenance agreement shall be an Operating Expense. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance includes responsibility for repair and replacement. The maintenance, repair, replacement, and other obligations of the Association and Owner specified in this Declaration and the Agreement shall be performed as and when the Board determines it necessary to maintain the property to a level consistent with the Community -Wide Standard. AR'T'ICLE V THE ASSOCIATION AND ITS MEMBERS 5.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Common Areas. The Association also has primary responsibility for administering and enforcing the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents and Florida law. The Board shall be responsible for management of the Association and may contract with a property manager for such purposes. The Board is appointed or elected as provided in the Articles. Membership in the Association is appurtenant to and may not be severed from the Lot. The rights and obligations of a Member may not be assigned or delegated except as provided in this Declaration, the Articles of Incorporation, or Bylaws of the Association, and shall automatically pass to the successor -in - interest of any Owner upon conveyance of such Owner's interest in the Lot. 14 9479673.4 5.2. Membershin. The Association initially shall have two (2) classes of membership, Class "A" and Class "B" Class "A" Members are all Owners of Lots in Harbor View Estates, except the Class "B" Member The sole Class 'B" Member shall be Declarant. The Class 'B" membership shall terminate on the Turnover Date (as defined in the Articles). If a Lot is owned by more than one Person, each co -Owner shares the privileges of the membership, subject to reasonable Board regulation and the voting restrictions described in Section 5.3 and in the Articles. Co -Owners are jointly and severally obligated to perform the responsibilities of an Owner. The membership rights of an Owner that is not an individual (e.g., a corporation) may be exercised by any officer, director, partner, or trustee, or by an individual the Owner designates from time to time in a voting certificate provided to the Association's Secretary. 5.3 Votin , (a) Class "A." Class "A" Members have ane (1) equal vote for each Lot they own, except that there is only one (1) vote per Lot. (b) Class "B," The Class "B" Member shall have three (3) times the total number of votes of the Class A Members plus one (1). Upon termination of the Class 'B" membership, Declarant shall be a Class "A" Member entitled to one Class "A" vote for each Lot it owns. Any vote associated with a Lot (i) owned by a husband and wife may be exercised by the husband or wife, subject to the provision of this Declaration, the Articles and the Bylaws, or (ii) owned by a corporation, partnership, trust or other entity or joint form of ownership, may onty be exercised by the individual(s) listed on a voting certificate filed with the Board of Directors and then subject to Rules and Regulations of the Association. ARTICLE VI ASSOCIATION POWERS AND RESPONSIBILITIES 6.1. Acceptance and Control of Common Area . (a) The Association may acquire, hold, mortgage or otherwise encumber, operate, and dispose of tangible and intangible personal property and real property, subject to the provisions of Section 13.8. (b) Declarant may, from time to time, transfer to the Association, and the Association shall accept, personal property and/or fee title or other property interests in any improved or unimproved real property included within the Property. Subject to the provisions of Section 13.8, upon Declarant's request, the Association shall transfer back to Declarant or its 15 9479675.4 designees any real property which has not been improved by a structure intended for occupancy, whether or not such property has been improved. by landscaping, decorative walls, signs, irrigation, utilities, or other improvements, if originally conveyed to the Association for no payment. (c) The Association is responsible for management, operation, and control of the Common Area, subject to (i) the Agreement, (ii) this Declaration, and (iii) any covenants, easements, or restrictions set forth in the deed or other instrument transferring the property to the Association, The Board may, from time to time, adopt such reasonable rules regulating use of the Common Area as it deems appropriate. The Association may enter into a property management agreement with any Person, including Declarant or any Declarant Affiliate. (d) Declarant may elect to construct or install certain improvements or facilities upon portions of the Common Area, but is not obligated to do so and may elect to leave portions of the Common Area in their natural unimproved state. Declarant shall have the absolute right and power to determine what improvements or facilities, if any, will be located on the Common Area during the Development and Sale Period. (c) Declarant hereby reserves the right, at all times after conveyance of the Common Area to the Association, to enter the Common Area, without prior notice, and to inspect the condition thereof and the improvements and facilities thereon, if any. If Declarant determines, in its sole judgment, that the Association has failed to maintain any portion of the Common Area in a manner consistent with (i) the Agreement, (ii) this Declaration, and (iii) the Community -Bride Standard, it may so notify the Association, in writing, and the Association shall promptly perform the required maintenance or repairs. Failure of the Association to maintain the Common Area as aforesaid shall relieve Declarant and any predecessor Declarant of any liability to the Association or to any Member for any condition of the Common Area. Declarant shall have the right to make a record of its inspections by any means available, including, but not limited to, photographing and/or videotaping the Common Area, and shall have the right to perform tests or examinations to determine the condition of the Common Area. Notwithstanding the foregoing, Declarant shall have no obligation to perform inspections of the Common Area owned by the Association, and the Association shall not be relieved of its obligation to maintain the Common Area because of the election of Declarant or any predecessor Declarant to inspect or not to inspect or report to the Association the condition of the Common Area. (f) From the time that the Common Areas or any portion thereof is opened and put into use for the enjoyment of Owners, Declarant shall be and remain wholly free and clear of any and all liability to, or claims by, all Owners, the Association and all persons and entities of whatever kind or character, whether sounding in contract or tort, deriving from the occurrence of any injury= or damage to any person or property on, or in respect of the use and operation of, the Common Areas or any of its improvements, fixtures, and facilities; inasmuch as the control, operation, management, use and enjoyment of the Common Areas shall be within, under, and subject to the Association's control as may be set forth in this Declaration and not Declarant. In this respect, it shall be the affirmative duty and responsibility of each Chmner and user of the Common Areas and facilities, fixtures or improvements located thereon or comprising 16 9479875.4 same to continuously inspect the same for any defects or perils or other unsafe conditions or circumstances, prior to and during such use or enjoyment thereof, and all users of, and visitors to, the Common Areas and its improvements, facilities and fixtures shall use, enjoy, and visit the same at their own risk and peril. 6.2. Maintenance of Common Areas. The Association shall maintain the Common Areas in accordance with the Comniunity- Wide Standard. The Common Areas shall include, but are not limited to (a) the Common Area, including the drainage system, landscaping, signage, walls, structures, and other improvements located on the Common Area, as well as any private streets serving the Community; (b) landscaping within public rights-of-way within or abutting the Community, if not the obligation of Owners; and (c) all culverts and drainage pipes and catch basins located within the Community which serve as part of the Surface Water and Storm Water Management System, including associated improvements and equipment, but not including any such areas, improvements, or equipment maintained by the County or any other governmental or quasi - governmental body. The Association may maintain other property that it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessaryor desirable to maintain the Community -Wide Standard and the owner of such other property consents. The Association shall not be liable for any damage or injury occurring on or arising out of the condition of property which it does not own except to the extent that it has been grossly negligent in performing its maintenance responsibilities. Unless otherwise provided in this Declaration, the costs associated with maintenance, repair, and replacement of the Common Areas shall be an Operating Expense. Unless Declarant expressly agrees in writing with the Association to pay the costs of maintaining any portion of the Common Areas, Declarant shall have no such obligation, regardless of any inferences which may be drawn from promotional or other materials. Notwithstanding the foregoing, in the event Declarant determines that the Association is not operating, maintaining, repairing, replacing and/or managing the Common Areas in accordance with the Association's obligations hereunder, Declarant may (but is not obligated) rectify such failure by the Association after first providing Association written notice thereof and an opportunity to cure such failure with fifteen (15) days after delivery of such written notice. In the event that Association fails to so cure, then Declarant may do so on behalf of Association and all fees, costs and expenses incurred by Declarant in that regard during Association's failure shall be reimbursed by the Association within ten (10) days following written demand therefor. All sums unpaid by the Association to Declarant shall bear interest at the maximum amount allowed by applicable law until repaid to Declarant in full. 6.3. Insurance for Common Areas. (a) Required Coverages. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect any or all of the following types of 37 242M75.-4 insurance, as deemed necessary or advisable in the Board's business judgment and as may be reasonably available: (i) blanket property insurance covering all insurable improvements within the Common Areas to the extent that the Association has responsibility for repair or reconstruction in the event of a casualty, regardless of ownership; (ii) commercial general liability insurance on the Common Areas of at least $1,000,000.00 (if available at reasonable rates and upon reasonable terms) insuring against liability for bodily injury, death, and property damage arising from the activities of the Association or with regards to Common Areas, including, if obtainable, a cross liability endorsement insuring each Member against liability to each other Member and the Association and vice versa; (iii) directors and officers liability coverage; (iv) commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount at least equal to three months of Assessments, plus all reserve funds; (v) to the extent any insurable improvements to Common Areas are within an "A" flood zone, flood insurance in an amount equal to the lesser of 100% of the replacement costs of all insurable improvements (if any) within the Common Areas or the maximum amount of coverage available under the National Flood Insurance Program; and (vi) such additional insurance as the Board, in its business judgment, determines advisable. Notwithstanding the foregoing, Declarant may obtain insurance for multiple communities which it is developing and/or other projects under a blanket policy instead of obtaining a separate policy for the Association, and charge a reasonable portion of the cost thereof to the Association. Premiums for Common Area insurance shall be an Operating Expense. (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. To the extent obtainable at reasonable rates, the insurance poliey(ies) maintained by the Association may contain provisions, or be accompanied by endorsements, for agreed amount and inflation guard, demolition costs, contingent liability from operation of building laws and increased costs of construction. All insurance policies shall contain standard mortgagee clauses, if applicable. The policies may contain a reasonable deductible which shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 6.3(a). In the event of an insured loss, the deductible shall be treated as an Operating Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably detemdnes, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or tenants, then the Board may assess the full amount of such deductible against such Owner(s) and their Lots as a Benefited Assessment. (c) Restoring. Damaged Improvements. In the event of damage to or destruction of Common Area which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed 18 9479875.4 estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. (d) Waiver of Subrogation. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Members, Declarant, any predecessor Declarant, and the directors, trustees, officers, shareholders, attorneys, agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said Persons, but only to the extent that insurance proceeds are received in compensation for such loss. Damaged improvements on the Common Area shall be repaired or reconstructed unless Members representing at least 75% of the total Class "A" votes in the Association and Declarant during the Class "13" Control Period, decide, within sixty (60) days after the loss, not to repair or reconstruct. If either the insurance proceeds or estimates of the loss, or both, are not available to the Association within such sixty (60) day period, then the period may be extended until such fiords or information are available. No Mortgagees shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive condition consistent with the Community -Wide Standard. The Association shall deposit any insurance proceeds remaining after paying the costs of repair or reconstruction, or after an agreed-upon settlement, in a capital improvements account for the benefit of the Members. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Lot 6.4. Enforcement. (a) The Association, acting through the Board, may impose sanctions for violation of the Governing Documents, subject to the notice and hearing procedures set forth in the Bylaws, as applicable. Such sanctions may include, without limitation (i) imposing reasonable monetary fines, which may accrue from the date of notice (in the event that any occupant, guest or invitee of a Lot violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; however, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board); and (ii) suspending the vote attributable to the violating Owner's Lot; and 19 9479875.4 (iii) levying Benefited Assessments pursuant to Section 8.5 to cover costs which the Association incurs to bring a Lot into compliance with the Governing Documents, including -Legal Costs, or costs incurred as a consequence of the conduct of an Owner or occupant of a Lot, their guests or invitees. (b) In addition, but without limitation of the Association's other rights and remedies, the Association, acting through the Board or its designee, may take the following action to enforce the Governing Documents without the necessity of compliance with the notice and hearing procedures set forth in the Bylaws: (i) requiring an Owner, at its own expense, to perform maintenance on such Owner's Lot or to remove any structure, item or improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition; or (ii) entering the property pursuant to the easement granted in Section 11.4 and exercising self -]help to remove or cure a violating condition, upon failure of an Owner to take action as required pursuant to subsection (i) above within ten (10) days after the Board's mailing of written notice to do so, and any such entry shall not be deemed a trespass (in the event of the occurrence of he same or similar violating condition within 12 months; the Owner shall not be entitled to any notice or opportunity to cure); or (iii) exercising self-help in any situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations); and/or (iv) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both, subject to the procedures set forth in Article XIII, if applicable. (c) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all Legal Costs incurred in any such action, (d) The Association's decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; or (ii) the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; or 20 9479875.4 (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (iv) it is not in the Association's best interests, considering, among other things, hardship, expense, or other reasonable criteria, to pursue enforcement action, Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under the same or other circumstances or preclude the Association from enforcing any other covenant, restriction, or rule. (e) The Association, by contract or other agreement, may enforce applicable governmental regulations and permit a governmental authority to enforce ordinances, rules, statutes, or laws within the Community for tate benefit of the Association and its Members. (f) The SFWMD, the County and the Association shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration that relate to the maintenance, operation, and repair of the Surface Water or Storm Water Management System (g) Declarant shall be entitled to exercise all of the rights and powers granted to the Association under Sections 6.4(a), 6,4(b), and 6.4(c), and shall be entitled to recover all costs that it incurs in so doing from the responsible Owner to the same extent as the Association would be entitled to recover them after notice and a hearing under Sections 6.4(a)(iii). and Section 6.4(c). (b) The covenants, conditions, restrictions and easements herein contained may be enforced by Declarant (so long as Declarant holds an equitable or legal interest in any Lot), the Association, any Owner and any Institutional Mortgagee holding a mortgage on any portion of the Property in any judicial proceeding seeking any remedy recognizable at law or in equity, including damages, injunction or any other form of relief against any person, firm or entity violating or attempting to violate any covenant, restriction, easement or provision hereunder. The failure by any party to enforce any such covenant, restriction, easement -or provision herein contained shall in no event be deemed a waiver of such covenant, restriction, easement or provision or of the right of such party to thereafter enforce sucb covenant, restriction easement or provision. The prevailing party in any such litigation shall be entitled to all costs thereof including, but not limited to, Legal Fees. 6.5. Implied Riebts: Board Authority. The Association may exercise any right or privilege given to it expressly or by reasonable implication by the Governing Documents, and may take action reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents or by law, all of the Association's rights and powers may be exercised by the Board without a vote of the membership. 21 L479875 The Board may institute, defend, settle, or intervene on the Association's behalf in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Common Areas, enforcement of the Governing Documents, or any other civil claim or action. However, the Board has no legal duty, to institute litigation on behalf of or in the name of the Association or the Members. In exercising the Association's rights and powers, making decisions on the Association's behalf, including, without limitation, deciding whether to file a lawsuit under any circumstances, and conducting the Association's affairs, Board members and the Association's officers are subject to, and their actions shall be judged in accordance with, the standards set fortis in the Bylaws. Notwithstanding anything contained herein to the contrary, the Association shall be required to obtain the approval of three-fourths (3/4) of the total voting interests (at a duly called meeting of the Owners at which a quorum is present) prior to engaging persons or entities for the purpose of suing, or making, preparing or investigating any lawsuit, or commencing any lawsuit other then for the following purposes: (a) the collection of Assessments; (b) the collection of other charges which Owners are obligated to pay pursuant to the Governing Documents; (c) the enforcement of the use and occupancy restrictions contained in the Governing Documents; (d) dealing with an emergency when waiting to obtain the approval of the Owners creates a substantial risk of irreparable injury to the Common Areas, any improvements or to Owner(s) (the imminent expiration of a statute of limitations shall not be deemed an emergency obviating the need for the requisite vote of three-fourths [3/4] of the Owners); or (e) filing a compulsory counterclaim 6.6. Provision of Services to Lots. The Association may provide, or provide for, services for all or any of the Members and their Lots, and may enter into contracts or agreements with other entities, including, without limitation, Declarant or its Affiliates, to provide such services. The Board may charge use or service fees for any such services, or may include the costs in the Association's budget as an Operating Expense and assess it as part of the Assessment, if provided to, or determined by the Board to be a benefit to, all Lots. By way of example, such services and facilities might include landscape maintenance, pest control service, cable television service, telephone, intcmet access, security monitoring, caretaker, transportation, fire protection, utilities, trash collection and recycling, and other services. Nothing in this Section shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, subject to the contract terms, the Board may modify or cancel existing contracts for services in its discretion, unless the services are otherwise required by the Governing Documents. Non-use of services provided to 22 9479875A Owners as an Operating Expense, shall not exempt any Owner from the obligation to pay Assessments for such services. 6.7. Responsibilities Under Governmental Permit. Declarant hereby assigns, delegates and transfers to the Association any of its continuing obligations and/or responsibilities under governmental permits and approvals with respect to the Community, including, without limitation, its continuing obligations with respect to the Surface Water and Storm Water Management System under the SFWMD Permit. The Association accepts and assumes such obligations and responsibilities without condition or consideration. Such assignment or transfer and assumption shall be effective without the consent of the Association, although such consent is evidenced by the Association's joining in this Declaration, but upon Declarant's request, the Association shall promptly execute any further documents which Declarant requests to evidence the assignment, transfer and assumption of such responsibilities. The Association shall comply in all respects with the terms of and shall not undertake any activity inconsistent with, such permits and approvals. The Association shall indemnify, defend and hold Declarant harmless from any claims or losses arising out of the violation or failure to comply with any permit(s), or out of the operation, maintenance or use of any improvement orfacility authorized by the permit(s). 6.8. Surface Water and Storm Wager Management System. (a) Maintenance and Operation. The Association shall be responsible for the maintenance, operation, repair, and replacement of the Surface Water and Storm Water Management System, in compliance with all governmental approvals and requirements of the SFWMD and the Agreement, Maintenance of the Surface Water and Storm Water Management Systems) shall wean the exercise or practices which allow the systems to provide drainage, water storage, conveyance, or other surface water or storm water management capabilities as permitted by the SFWMD. Any repair or reconstruction of the Surface Water and Storm Water Management System shall be as permitted or, if modified, as approved by the SFWMD and the County. No portion of the Surface Water and Storm Water Management System shall be altered without the prior written approval of the SFWMD and the Palm Beach County Engineer or its authorized designee. The Association shall enter into an agreement with a professional company which provides for the inspection and maintenance of the Surface Water and Storm Water Management System. (b) Effect of Dissolution. In the event of the termination, dissolution, or final liquidation of the Association, the responsibility for the operation and maintenance of the Surface Water and Storm Water Management System must be transferred to and accepted by an entity which would comply with Section 40.E, F.A.C. ("SFWMD Rules"), and be approved by the SFWMD prior to such termination, dissolution, or liquidation. In the event that no other entity exists to receive such transfer, the obligations of the Association shall be deemed assumed by the Owners, and all such Owners shall be jointly and severally responsible for the operation and maintenance of the Surface Water and Storm Water Management System in accordance with the requirements of the permits. 23 9479875.4 (c) Shared Facilities. Certain portions of the Surface Water and Storm Water Management System serve the drainage needs of adjacent lands not owned by Declarant and not within the Community as provided in the Agreement. Declarant reserves the right to grant such drainage and/or use such easements and rights as Declarant may deem necessary or appropriate for accomplishing the drainage needs of the Community and/or lands owned by others provided that such agreements shall not unreasonably interfere with the use of the system by the. Owners. (d) Any amendment of this Declaration which would affect the Surface Water and Storm Water Management System or the responsibility of the Association to maintain or cause to be maintained the Surface Water and Storm Water. Management System must be approved by SFWMD. ARTICLE VII 7.1. Affirmative Covenant To pay Assessments. In order to: (i) fulfill the terms, provisions, covenants, conditions, restrictions, reservations, regulations, burdens, liens and casements contained in the Governing Documents; and (ii) maintain, operate and preserve the Common Area for the use, safety, welfare and benefit of the Members and their family members, guests, invitees and tenants, there is hereby imposed upon each Lot and each Lot Owner, the affirmative covenant and obligation to pay to the Association commencing from and after the first conveyance of a Lot from Declarant as evidenced by the recordation of a deed in the Public Records of the County (in the manner herein set forth) all Assessments as more fully set forth herein, which Assessments may include, but may not be limited to, the Individual Lot Assessments, Benefited Assessments and Special Assessments. Each Owner, by acceptance of a deed or other instrument of conveyance conveying a Lot within the Property, whether or not it shall be so expressed -in such deed or instrument, shall be obligated and agrees to pay to the Association all Assessments in accordance with the provisions of the Governing Documents. 7.2. Operating Expenses. The following expenses of the Association are hereby declared to be Operating Expenses which the Association is obligated to assess and collect, and which the Owners are obligated to pay as provided herein or as may be otherwise provided in the Governing Documents: (1) any and all taxes and tax liens which may be assessed or levied at any and all times against the Common Area or against any and all personal property or Improvements thereon; (2) all charges levied for utilities providing services for the Common Area or to Owners on a bulk basis, such as water, gas, electricity, telephone, cable television, sanitation, sewer and any type of utility or any other type of service charge which is not separately billed to an Owner, (3) the premiums on policies of insurance including, but not limited to, liability and casualty insurance for the Common Area and directors and officers liability insurance for the officers and directors of the Association; (4) any sums necessary for the maintenance and repair of the Common Area and all Improvements located thereon; (5) administrative and operational expenses; (6) all sums necessary for the maintenance and repair of the Surface Water and Stone Water Management System, including, but not limited to, work within drainage structures and drainage easements and all amounts due pursuant to the 24 9479875,4 maintenance agreement; and (7) any and all expenses deemed to be Operating Expenses by the Association and/or under this Declaration. Reserves for replacements are specifically excluded from Operating Expenses. The Board may, if it so determines, include reserves in the Association's annual budget; however, reserves are not part of Operating Expenses. In addition, any expense which is required by this Declaration to be the matter of Special Assessment shall not be deemed to be an Operating Expense. Expenses which are required to be the matter of Special Assessment include, by way of example but not by way of limitation, the following: the cost of reconstructing, replacing or improving the Common Area or any portion thereof or Improvements thereon; any casualty loss affecting the Association or the Common Area to the extent such loss exceeds the insurance proceeds, if any, receivable by the Association as a result of such loss; any judgment against the Association (or against a Director or Directors if and to the extent such Director is, or such Directors are, entitled to be indemnified by the Association therefor pursuant to the Articles) to the extent such judgment exceeds the insurance proceeds, if any, received by the Association as a result of such judgment, or an agreement by the Association (or such Director or Directors to whom indemnification is owed) to pay an amount in settlement of a lawsuit against it (or such Director or Directors) to the extent such settlement exceeds the insurance proceeds, if any, received by the Association as a result of such settlement agreement; and Legal Fees incurred by the Association in connection with litigation (whether incurred for the preparation, filing, prosecution or settlement thereof or otherwise), except Legal Fees incurred by the Association in connection with the collection of Assessments or other charges which Owners are obligated to pay pursuant to the Governing Documents or the enforcement of the use and occupancy restrictions contained in the Governing Documents, and except Legal Fees incurred for lawsuits not approved pursuant to Section 6.5. The Operating Expenses with respect to the Common Area are payable by each Owner to the Association notwithstanding the fact that Declarant may not have as yet conveyed title to the Common Area to the Association. 7.3. Establishment of Liens. Each Assessment against a Lot, together with Interest thereon and costs of collection, including, but not limited to, Legal Fees, shall be the personal obligation of the Owner of such Lot. Any and all Assessments made by the Association in accordance with the provisions of the Governing Documents with Interest thereon and costs of collection, including, but not limited to, Legal Fees, are hereby declared to be a charge and continuing lien upon each Lot against which each such Assessment is made. Said lien shall be effective only from and after the time of the recordation amongst the Public Records of the County of a written, acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed Upon full payment of all sums secured by. that lien, the party making payment shall be entitled to a satisfaction of the statement of lien in recordable form. Notwithstanding anything to the contrary herein contained, except to the extent of any liability set forth in Chapter 720 Florida Statutes, in the event a fust Mortgagee of record obtains a deed or title to a Lot as a result of foreclosure of its first mortgage or deed in lien of foreclosure, such acquirer of a deed or title, its successors or assigns, shall not be liable for the share of Assessments pertaining to such Lot or chargeable to the former Owner thereof which became due prior to the acquisition of a deed or title as a result of the foreclosure or deed in lieu thereof, unless the Assessment against the Lot in question is secured. by a claim of lien for Assessments that is recorded prior to the recordation of the mortgage which was foreclosed or with respect to which a deed in lieu of foreclosure was given. 25 9479875.4 7.4. Collection of Assessments. In the event any Owner shall fail to pay any Assessment, or installment thereof, charged to such Owner within fifteen (15) days after the same becomes due, then the Association, through its Board, shall have any and all of the following remedies to the extent permitted by law, which remedies are cumulative and which remedies are not in lieu of, but are in addition to, all other remedies available to the Association: 1. To accelerate the entire amount of any Assessment for the remainder of the calendar year notwithstanding any provisions for the payment thereof in installments. 2. To advance on behalf of the Owner(s) in default funds to accomplish the needs of the Association up to and including the full amount for which such Owner(s) is (are) liable to the Association and the amount or amounts of monies so advanced, together with Interest and all costs of collection thereof, including, but not limited to, Legal. Fees, may thereupon be collected by the Association from the Owner(s) and such advance by the Association shall not waive the default 3. To file an action in equity to foreclose its lien at any time after the effective date thereof as provided in Section 7.3 hereinabove. The lien may be foreclosed by an action in the name of the Association in like manner as a foreclosure of a mortgage on real property. 4. To file an action at law to collect said Assessment plus Interest and all costs of collection thereof; including, but not limited to, Legal Fees, without waiving any lien rights or rights of foreclosure in the Association. 5. To charge Interest on such Assessment from the date it becomes due, as well as a late charge of Twenty -Five and No/100 ($25.00) Dollars to defray additional collection costs. 6. To suspend the right of the Owner(s) in default to vote on any matter on which Owners have the right to vote if such Owner is delinquent in payment of Assessments for more than ninety (90) days. 7.5. Collection by Declarant. In the event for any reason the Association shall fail to collect the Assessments, Declarant shall at all times have the right (but not the obligation): (i) to advance such sums as the Association could have advanced as set forth above; and (ii) to collect such Assessments and, if applicable, any such sums advanced by Declarant, together with. Interest and costs of collection, including, but not limited to, Legal Fees. 9479875.4 26 7.6. Riphts of Declarant and Institutional Mortgagees to Pay Assessments and Receive Reimbursement. Declarant and any Institutional Mortgagee(s) shall have the right, but not the obligation, jointly or individually, and at their sole option, to pay any of the Assessments which are in default and which may or have become a charge against any Lot(s). Further, Declarant and any Institutional Mortgagee shall have the right, but not the obligation, jointly or individually, and, at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of Operating Expenses on behalf of the Association in the event the same are overdue and when lapses in policies or services may occur. Declarant and any Institutional Mortgagee paying overdue Operating Expenses on behalf of the Association will be entitled to immediate reimbursement from the Association plus Interest and any costs of collection including, but not limited to, Legal Fees, and the Association shall execute an instrument in recordable form wJmowledging such reimbursement obligation(s) and deliver the original of such instrument to each Institutional Mortgagee who is so entitled to reimbursement and to Declarant if Declarant is entitled to reimbursement ARTICLE VIII METIIOD OF DETERMINING ASSESSMENTS AND ALLOCATION OF ASSESSMENTS 8.1. Determining Amount of Assessments. The total anticipated Operating Expenses for each calendar year shall be set forth in the budget ("Budgets prepared by the Board as required under the Governing Documents. Each Lot shall be assessed its pro rata portion of the total anticipated Operating Expenses, which shall be equal per Lot and be the "Individual Lot Assessment' as to each Lot. Operating Expenses for the Common Area shall be divided by the number of Lots existing on the date this Declaration is recorded. Notwithstanding anything in the Governing Documents to the contrary, any Assessment for Legal Fees incurred by the Association for Iawsuits shall be deemed an Operating Expense which is properly the subject of Special Assessment and not the subject of an Individual Lot Assessment so long as approved pursuant to Section 8.3 except the Legal Fees incurred by the Association in connection with the collection of Assessments or other charges which Owners are obligated to pay pursuant to the Governing Documents or the enforcement of the use and occupancy restrictions contained in the Governing Documents. 8.2. Assessment Payments. Individual Lot Assessments shall be payable annually, in advance, on the first day of January, April, July and October of each year, provided, however, at the Association's option, Individual Lot Assessments may be payable monthly or quarterly. Individual Lot Assessments, and the quarterly or monthly installments thereof, may be adjusted from time to time by the Board in the event the Board determines that an Assessment or any installment thereof is either less than or more than the amount actually required. 8.3: Special Assessments.. "Special Assessments" include, in addition to other Assessments designated as Special Assessments in the Governing Documents and whether or not for a cost or expense which is 27 947 875.4 included within the definition of "Operating Expenses," those Assessments which are levied for capital improvements which include the costs (whether in whole or in part) of constructing or acquiring Improvements for, or on, the Common Area or the cost (whether in whole or in part) of reconstructing or replacing such Improvements. In addition, Special Assessments may be levied against particular Lots and/or Owners to the exclusion of others. Notwithstanding anything to the contrary herein contained, it is recognized and declared that Special Assessments shall be in addition to, and are not part of, any Individual Lot Assessment. Any Special Assessments assessed against Lots and the Owners thereof shall be paid by such Owners in addition to any other Assessments and shall be assessed in the same manner as the Individual Lot Assessment, Special Assessments shall be paid in such installments or in a lump sum as the Board,shall, from time to time, determine. Notwithstanding the foregoing, the levying of any Special Assessment after the Turnover Date shall require the affirmative assent of at least two-thirds (2/3) of all Members represented in person or by proxy at a meeting called and held in accordance with the Bylaws, however, and notwithstanding anything in this Declaration to the contrary, the Board acting alone and without the consent of Members may levy Special Assessments for the following: (a) repair, reconstruction, or replacement of damaged or destroyed Improvements Previously existing on Common Area (including, without limitation, landscaping or the Surface Water And Storm Water Management System), or (b) capital improvements necessary or desirable for the sole purpose of preservation of, or prevention of damage to, Common Area; which shall not require such affirmative assent of at least two-thirds (2/3) of the Members. Prior to the Turnover Date, a Declarant controlled Board may make a Special. Assessment without such vote of the Members. 8.4. Liability of Owners of Individual Lot Assessments. By the acceptance of a deed or other instrument of conveyance of a Lot in the Property, each Owner thereof acknowledges that each Lot and the Owners thereof are jointly and severally liable for their own Individual Lot Assessments and their applicable portion of any Special Assessments, as well as for any and all other Assessments for which they are liable, as provided for herein. Such Owners further recognize and covenant that they are jointly and severally Iiable with the Owners of all Lots for the Operating Expenses (subject to any specific limitations provided for herein such as, but not limited to, the limitation with respect to matters of Special Assessment and the limitations on the liability of Institutional Mortgagees and their successors and assigns). Accordingly, subject to such specific limitations, it is recognized and agreed by each Owner, for such Owner and such Owner's heirs, executors, successors and assigns, that in the event any Owner fails or refuses to pay such Owner's Individual Lot Assessment or any portion thereof, or such Owner's respective portion of any Special Assessment or any other Assessment, then the other Owners may be responsible for increased Individual Lot Assessments or Special Assessments or other Assessments due to the nonpayment by such other Owner, and such increased Individual Lot Assessment or Special Assessment or other Assessment can and may be enforced by the Association and Declarant in the same manner as all other Assessments hereunder as provided in the Governing Documents, 8.5. Benefited Assessments. The Association may levy Benefited Assessments against one or more particular Lots as follows: 28 9479875.4 (a) to cover the costs, including, without limitation, overhead and administrative costs, of providing services to a Lot upon request of the Owner pursuant to any menu of special services which the Association may offer (which might include the items identified in Section 6.6). Benefited Assessments for special services may be levied in advance of the provision of the requested service; (b) to cover costs incurred in bringing a Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including, without limitation, Legal Costs, subject to the limitations of Section 6.4, as applicable; (c) to cover the costs and expenses charged to the Association under any bundled services agreements shall be apportioned equally, but only amongst those Homes with respect to which the Association is being charged under or pursuant to the bundled services agreement; and (d) to cover the costs and expenses charged to the Association pursuant to any contract for Lot landscape maintenance. 8.6. Budgeting for Reserves. The Board shall prepare and periodically review separate reserve budgets for the Common Area for which the Association maintains capital items which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost of capital items under each budget. The Board may include in the Operating Expense budget adopted pursuant to Section 8.1, a capital contribution to fund reserves in an amount which the Board, in the exercise of its business judgment, deems sufficient to meet the projected needs under each budget with respect to both amount and timing by annual contributions over the budget period. Declarant does not intend to include reserves for the Common Areas in the Operating Expense budget prior to the Turnover Dale. Reserve funds, if collected, shall be held in a separate account or accounts from the operating and other funds of the Association. The reserve funds held in each account may be expended only for major maintenance, repair, or replacement of those assets covered by the reserve budget pursuant to which they were collected. Subject to such limitation, the Board may adopt resolutions regarding the expenditure of any reserve funds including, without limitation, policies designating the nature of assets for which reserve funds may be expended. Neither the Association membership nor the Board shall adopt, modify, limit, or expand such policies without Declarant's prior written consent during the Development and Sale Period. 8.7 Assessments Payable by Declarant: Declarant Subsidies. 29 9479875.4 Each Owner acknowledges and agrees that because Individual Lot Assessments and Special Assessments are allocated as set forth in this Article VIII above, it is possible that the Association may collect more or less than the amount budgeted for Operating Expenses in the Budget of the Association. Except as may be limited by applicable law, Declarant has the right (at its sole election) to: (i) pay Individual Lot Assessments for the Lots owned by Declarant in the same manner as other Owners, (ii) fiord the budget deficit (as provided in Section 8.8 below), and/or (iii) subsidize the Budget of the Association as provided below by making voluntary contributions in amounts determined by Declarant in Declarant's sole discretion. During the period of time that Declarant is offering Lots for sale in Harbor View Estates and/or based on the number of Lots owned by Owners other than Declarant, Declarant may seek to keep Assessments lower than they otherwise be by subsidizing the Budget of the Association by making voluntary contributions in amounts determined by Declarant. The amount of any such voluntary contributions may vary from time to time or may be discontinued and recommenced by Declarant from time to time. The determination to subsidize the Budget of the Association, the amount of any such voluntary contribution, the discontinuance and/or recommencement of any such voluntary contributions shall all be made by Declarant in Declarant's sole discretion and in no event shall Declurarrt have any obligation whatsoever to make any such voluntary contributions. Each Owner shall be solely responsible to review the Budget of the Association then in effect to determine if and to what extent Declarant is making any voluntary contributions to subsidize the Budget and thus lower the Assessments payable by the Owners .that would otherwise be higher based on the Operating Expenses of the Association. 8.8. Declarant's Option to Fund Budpct Deficits. To the extent permitted by Florida law, during the Class "B" Control Period, Declarant may satisfy the obligation for Assessments on Lots which it owns either by paying Assessments in the same manner as any other Owner or by fimding the budget deficit. The budget deficit is the difference between (i) the amount of Assessments levied on Class "A" Member -owned Lots plus any other income received during the fiscal year, and (i) the amount of the Association's actual expenditures during the fiscal year and excluding Special Assessments arising as a result of any unusual loss or liability. Regardless of Declarant's election, Declarant's Assessment obligations may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these, the value of which shall be reasonably determined by Declarant. After termination of the Class 'B" Control Period, Declarant shall pay Assessments on Lots which it or its Affiliates own in the same manner as any other Owner. 8.9. Declarant's Deficit Funding not the Obligation of any Institutional Mortgagee. Notwithstanding anything to the contrary herein contained, it is specifically understood and declared that each Owner, by the acceptance of a deed or other instrument of conveyance of a Lot within the Property, shall be deemed to have acknowledged and agreed that no Institutional Mortgagee (as hereinafter defined) (other than Declarant) or any successor or assign of such Institutional Mortgagee, or any person acquiring a deed or title to any part of the Property by 30 9479875.4 reason of the foreclosure or otherwise of an Institutional Mortgagee shall be deemed to have made, assumed or otherwise undertaken any covenants or obligations of Declarant to fund the deficit; provided, however, that an Institutional Mortgagee may, at its option, determine to continue the obligation of Declarant to fund the Deficit as herein provided. Additionally, a successor declarant shall not be deemed to have agreed to fund the Deficit or be obligated or pay more than its Lot(s) share of the actual Operating Expenses unless such obligation is assumed in writing by such successor declarant. 8.10. Waiver of Use. No Owner, other than Declarant, may exempt himself from personal liability for Assessments duly levied by. the Association. No Owner may release the Lot owned by such Owner from the liens and charges hereof either by waiver of the use and enjoyment of the Common Area and the facilities thereon or by abandonment of such Owner's Home. ARTICLE 1X DEVELOPMENT PLAN 9.1. Harbor View Estates. It is presently anticipated that Harbor View Estates will be comprised of six (6) Lots and the property encompassing the Common Area, as more particularly defined by this Declaration. The property declared hereunder is described on Exhibit "A" attached hereto. Declarant's general plan of development further contemplates that the Homes shall be whatever types of strictures Declarant and Owners may choose which are in conformance with applicable governmental rules and regulations. Declarant expressly reserves the right as to the property comprising Harbor View Estates to (i) commence construction and development of Harbor View Estates if and when Declarant desires; (ii) develop Harbor View Estates upon such timetable as Declurant, in its sole discretion, chooses; and (iii) modify the Development Plan of Harbor View Estates in such manner as it, in its sole discretion, chooses. Nothing contained herein shall be construed as obligating Declarant to construct Harbor View Estates according to the present Development Plan. 9.2. Common Area. The Common Area within Harbor View Estates shall consist of. (a) the Roadway indicated on the Plat as Tract A, the drainage system (referred to herein as the Surface Vdater and Storm Water Management System) and Landscape Buffers shown on the Plat, or property reserved for or dedicated to the Association on the Plat, and (b) any other property designated as Common Areas in this Declaration. The Common Area shall be used for ingress/egress, landscaping, walls, drainage, as well as other proper purposes by the Association and the Owners and their family members, guests, invitees and lessees in accordance with the Governing Documents. Common Area may not be 31 9479875.4 altered, modified, removed or replaced by Owners or their family members, guests, invitees or lessees. The Association and each Owner acknowledges and agrees that the Landscape Buffers consist of trees, shrubs, plants and other landscaping in their natural state and that such trees, shrubs, plants and other landscaping may mature, expand, decay and/or die from time to time but must remain in their natural state. The Association and each Owner shall have no claim whatsoever against Declarant and hereby releases any and all claims against Declarant for any trees, shrubs, plants and other landscaping that decays or dies regardless of the reasons therefor. The portions of harbor View Estates described in this Section 9.2 shall constitute Common Area and shall be used solely in accordance with the covenants impressed upon the Common Area as follows: 9.2.1. Roadway. The "Roadway" is the portion of Harbor View Estates designated on the Plat as Tract "A," and which is reserved for or dedicated to the Association, but specifically excluding any street or roadway dedicated to the public on the Plat. Notwithstanding anything to the contrary on the Plat, the Roadway shall be used as private roads by Declarant, the Association and the Owners, their family members, guests, lessees and invitees in accordance with the provisions of this Declaration. Declarant believes that the Roadway will be private and disclaims any responsibility if the Roadway is ever determined to be public. The Roadway shall be maintained, administered and owned by the Association. The landscaping features within the Roadway shall be maintained, administered and owned by the Association. 9.2.2. Landscape Buffers. The "Landscape Buffers" areas are those portions of the Property designated on the Plat as 'Landscape Easement" and on the landscape plan submitted to and approved by the Town of Gulf Stream, and are to be used, kept and maintained as such by the Association in accordance with the provisions of this Declaration and the Agreement. The Landscape Buffers consist of (a) the south fifteen (15) feet of Lots 3 and 4 of the Plat, (b) the north ten (10) feet of Lots I and 6 of the Plat, (c) the cast ten (10 feet of Lots 4, 5 and 6 of the Plat and (d) a ten (10) foot wide area located running north/south on Lots 1, 2 and 3 of the Plat and located west of and adjacent to the 20' private road and utility easement located on Lots 1, 2 and 3 and which 20' private road is shown on the Plat. The Landscape Buffers are shown on a conceptual landscape plan prepared by Dave Bodker Landscape Architecture/Planning, Inc. and submitted by Declarant to and approved by the Town of Gulf Stream. The Landscape Buffer areas shall be owned by the Owners of the Lots upon which they are situated, but shall be maintained, administered and operated by the Association in accordance with the provisions of this Declaration, the Agreement and the requirements of the appropriate governmental agencies. Declarant hereby reserves and grants an easement in favor of the Association throughout all portions of Harbor View Estates as may be necessary for the purpose of accessing, maintaining and administering the Landscape Buffer areas, and no Owner shall do any act which may interfere with the performance by the Association of its obligations hereunder. Owners are 32 9479875.4 prohibited from doing any modifications of the landscaping within the Landscape Buffers without the Board's prior written consent. 9.2.3. Surface Water and Storm Water Management System. Declarant has caused to be constructed within Harbor View Estates drainage pipes, catch basins, swales, etc. ("Surface Water and Storm Water Management System"). The Surface Water and Storm Water Management System is part of the overall drainage plan for Harbor View Estates. The Association shall have unobstructed ingress to and egress from all portions of Harbor View Estates at all reasonable times to operate and maintain the Surface Water and Storm Water Management System in a manner consistent with its responsibilities. No Owner shall cause or permit any interference with such access and maintenance. No Owner shall utilize, in any way, any of the Harbor View Estates Surface Water and Storm Water Management System or incorporate such facilities in the Owner's development plans, without the express prior written consent of Declarant and the Association, or as expressly authorized by this Declaration. The Association shall operate and maintain the.Surface Water and Storm Water Management System for the Property, and comply with conditions of the SFWMD Permit and the Agreement for the Surface Water and Storm Water Management System. The Association shall, when requested by Declarant, accept transfer of the SFWMD Permit(s) applicable to the Property. The conditions of the SFWMD Permit includes monitoring and record keeping schedules and maintenance. Water quality data for the -water discharged from the Property or into the surface waters of the State may be submitted to SFWMD if required by SFWMD. Parameters to be monitored may include those listed in Chapter 17.3 of the Florida Administrative Code. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by American Public Health Association of Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the Association shall provide data as required on volume of water discharged, including total volume discharged during the days_ of sampling and total monthly discharge from the Property or into surface waters of the state. The Association agrees to operate and maintain the Surface Water and Storm Water Management System and has sufficient ownership so that it has control over all water management facilities authorized. The Association shall hold and save SFWMD harmless from. any and all damages, claims, or liabilities which may arise by reason of the operation, maintenance or use of any facility authorized by the SFWMD Permit. The Association shall at all times properly operate and maintain the systems of treatment and control (and related appurtenances) that are installed or used to achieve compliance with conditions of the SFWMD Permit, as required by SFWMD. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to 33 9479875.4 achieve compliance with the conditions of the SFWMD Permit and when required by SFV✓MD roles. The Association specifically agrees to allow authorized SFWMD personnel, upon presentation of credentials or other documents as may be required by law, access to the Property, at reasonable times, where the permitted activity is located or conducted; for the purposes of inspection and testing to determine compliance with the SFWMD Permit and SFVVNM regulations, such as: a. Having access to and copying any records that must be kept under the conditions of the SFWMD Permit; and b. Inspecting the facility, equipment, practices, or operations regulated or required under the SFWMD Permit; and C. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with the SFWMD Permit or SFW?1iD rules; and d. Gathering of data and information. Reasonable time may depend on the nature of the concern being investigated. The Association shall submit inspection reports in the form required by SFWMD, in accordance with the SFIATMD Permit issued by SFWMD. It shall be the responsibility of each Owner within the Property at the time of construction of a building, residence, or structure, to comply with the construction plans for the Surface Water and Storm Water Management System pursuant to the SFWMD Rules, approved and on file with SFWMD. In.the event of the termination, dissolution or final liquidation of the Association, the responsibility for tate operation and maintenance of the Surface Water and Storm Water Management System must be transferred to and accepted by an entity which would comply with the SFWMD Rules, and be approved by SFWMD prior to such termination, dissolution or liquidation. The SFWMD has the right to take enforcement action, including a civil action for an injunction and penalties, against the Association to compel it to correct any outstanding problems with the Surface Water and Storm Water Management System facilities under the responsibility or control of the Association. Declarant and the Association each reserve the right to grant such drainage and/or use easements and rights as Declarant or the Association may deem necessary or appropriate for accomplishing the drainage needs of the Property and/or lands owned by others as set forth in the Agreement. 34 $479875.4 9.2.4. Retaining Walls and Southern Terminus Wail. Declarant has caused or will cause to be constructed within Harbor View Estates (i) retaining walls, and (ti) a wall at the southern terminus of the Roadway (Tract A on the Plat) (together, the "Walls'. The Association shall maintain, repair and replace the Walls. The Association shall have unobstructed ingress to and egress from all portions of Harbor View Estates at all reasonable times to perform such maintenance, repair and replacement. 9.2.5. Right to Add Additional Improvements. Such portions of the Common Area upon which Declarant has constructed, or hereafter constricts, Improvements shall be kept and maintained for use in a manner consistent with the nature of such I.mprovements located, or to be located, thereon. Declarant reserves the right, but shall not be obligated, to construct additional facilities upon the Common Area. The decision as to whether to construct additional facilities and the construction thereof shall be in the sole discretion of Declarant. ARTICLE X ADDITIONAL RIGHTS RESERVED TO DECLARANT 10.1. Marketing and Sales Activities. Notwithstanding anything in the Governing Documents to the contrary, Declarant, its Affiliates, and their assigns and Builders and their Affiliates may construct, maintain, and operate upon portions of the Common Area and property they own, such facilities, activities, and things as, Declarant, in its discretion, may deem to be required, convenient, or incidental to the construction or sale of Lots and Homes thereon, including Declarant's rights to have business and construction offices, signs, flags (whether hung from flag poles or attached to a structure), model homes, sales offices, construction offices, service offices, holding or sponsoring special events, and exterior lighting features or displays. In addition, if reasonably required, convenient, or incidental to construction or sales activities, Declarant, Declarant's Affiliates, and their assigns, and authorized Builders may park vehicles in areas other than garages or driveways, including, without limitation, on the Roadway. By Owner's acceptance of a deed for a Lot, such Owner agrees and acknowledges that: (i) Declarant and/or any of Declarants affiliates have a right to operate a sales/construction office during the Development and Sale Period; (ii) Declarant and/or any of its affiliates have an easement over Harbor View Estates for ingress and egress during the Development and Sale Period; (iii) Declarant, its successors, assigns, employees, contractors, sub -contractors and potential purchasers shall access to the Property at all times and the Association and the Owners shall not impede any such access to allow Declarant, its successors, assigns, employees, contractors, sub -contractors and potential purchasers access to the Property; (iv) Declarant and its nominees shall have the right to enter into and transact on the Property any business necessary to cons'lmmAte the sale, lease or encumbrance of Lots or Homes within Harbor View Estates, including, but not Limited to, the right to maintain models and a sales and/or Leasing office, a construction office and/or a service office, place signs, employ sales, leasing, construction and service personnel, use the Property 35 94798758 and show Homes, and Declarant further reserves the right to make repairs to the Property and to carry on construction activity for the benefit of the Property, and Declarant, and its nominees, may exercise the foregoing rights without notifying the Association, Any such models, sales and/or leasing office, construction office, service office, signs and any other items pertaining to such sales, leasing, construction or service efforts shall not be considered a pari of the Property and shall remain the property of Declarant; (v) Dcclarant shall have the right to enter upon the Property (including, without limitation, all drainage easements) to final -out and/or close-out any and all approvals, permits, orders, conditions and/or requirements that have been issued or imposed by any governmental entity in connection with the development and construction of Harbor View Estates and all improvements therein for Declarant to comply and adhere to the same, and such rights shall survive the date of Turnover and continue for such period of time as is necessary for Declarant to fully comply with all such governmentally issued approvals, permits, orders, conditions and/or requirements; and (vi) Owners shall not interfere in any manner whatsoever in the sales process by Declarant and/or any of its affiliates, including the carrying of signs or other types of demonstrations in Harbor View Estates or any public right -of. way adjacent to or near the Property. Each Owner acknowledges that any such activities interfere with the quiet enjoyment of Harbor View Estates by the other Owners, are detrimental to the value of the Homes within Harbor View Estates, and interfere with Declarant's ability to conduct its business. This Section 10.1 may not be suspended, superseded or modified in any manner by any amendment to this Declaration unless such amendment is consented to in writing by Declarant. For the term of this Declaration, the Common Area is not for the use and enjoyment of the public, but is expressly reserved for the private use and enjoyment of Declarant, the Association, and the Owners, and their family members, guests, invitees and lessees, but only in accordance with this Declaration. A. Notwithstanding anything in this Declaration to the contrary, however, Declarant hereby expressly reserves the right to use the Common Areas and any Lots it owns for such period of time as Declarant determines to be necessary in connection with the sale and marketing by Declarant of Lots and Homes in Harbor View Estates including, but not limited to, the holding of sales and marketing meetings and engaging in sales promotions and related sales and marketing activities. B. Except to the extent herein provided, the Common Areas shall be for the sole and exclusive use of the Owners and residents of Harbor View Estate's and their family members, guests, invitees and lessees. C. The administration, management, operation and maintenance of the Common Areas shall be the responsibility of the Association, as provided herein and in the Harbor View Estates Documents. D. The right to use the Common Areas shall be subject to the rules and regulations established by the Association. E. Declarant hereby reserves the right to construct and/or operate a model in Harbor View Estates. The model may also contain parking, landscaping and fencing as 36 9479875.4 Declarant may determine in its sole discretion. In the event that Declarant and/or any of Declaratifs affiliates constructs a model in Harbor View Estates, such model may be used for such period of time that Declarant and/or any of Declarant's affiliates determines to be necessary in its sole judgment. By Owner's acceptance of a deed for a Lot in Harbor View Estates, such Owner agrees and acknowledges that: (i) Declarant and/or.any of Declarant's affiliates have a right to construct and/or operate a model; (ii) Declarant and/or any of its affiliates have all easement over Harbor View Estates for ingress and egress to and from the model and to use and show the model to prospective purchasers in Harbor View Estates or other communities being developed by Declarant and/or any of Declarant's affiliates, as long as such model exists; and (iii) Owners shall not interfere in any manner whatsoever in the sales process by Declarant and/or any of its affiliates, including the carrying of signs or other types of demonstrations in Harbor View Estates or any public right-of-way adjacent to or in the vicinity of the Property. Each Owner acknowledges that any such activities interfere with the quiet enjoyment of Harbor View Estates by the other Owners, are detrimental to the value of the Homes within Harbor View Estates, and interfere with Declarant's ability to conduct its business. 10.2. RighttoDevelop. Declarant and its Affiliates, and their respective employees, agents, and designees, shall have a right of access and use and an easement over, upon, and under all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area and the Exhibit "A" property as Declarant deems appropriate in Declarant's discretion, Each Owner acknowledges and agrees that the present plans and themes for the Community's development may change and that such Owner has not relied on any representation, warranty, or assurance by any Person (a) that any Lots, or other property or Improvements will be added, modified; or eliminated within the Community; or (b) as to the financial or other impact of such action on any Owner. Each Owner acknowledges and agrees that it is not entitled to rely upon and has not received or relied upon any representations, warranties, or guarantees whatsoever as to: (a) the design, construction, completion, development, use, benefits, or value of property within the Community; (b) the number, types, sizes, prices, or designs of any residential or other structures or Improvements built or to be built in any part of the Community; or (c) as to the use or development (current or future) of any property adjacent to or within the vicinity of the Community. 10.3. R& to Anorove Changes in the Community Standards. No amendment to or modification of any Use Restrictions or rules during the Development and Sale Period shall be effective without prior notice to and the written approval of Declarant. 10.4. Right to Transfer or Assign Declarant Riehts. Any or all of Declarant's rights and obligations set forth in this Declaration, the Articles or the Bylaws may, except to the extent restricted by Florida law, be transferred, in whole or in part, from time to time, to other Persons. No such transfer or assignment shall be effective unless 37 9479875.4 it is in a recorded instrument signed by Declarant. Declarant may allow other Persons to exercise, on a one-time or limited basis, any Declarant right without transferring the entire right. In such case, a recorded instrument is not required. 10.5. Easement to Insuect and Right to Correct. Declarant reserves for itself and others it may designate, from time to time, the right to inspect, monitor, test, redesign, modify and correct any structure, improvement, or condition which may exist on any portion of the Community, including Lots, and a nonexclusive easement of access throughout the Community to the extent reasonably necessary to exercise such right. Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no entry into a Home or other structure on a Lot shall be permitted Without the 0,Amer's consent, which consent shall not unreasonably be withheld, conditioned, or delayed, unless in the case of emergency. The failure or refusal to permit reasonable access to the Lot for the purposes contemplated under this paragraph shall excuse Declarant or its designee from responsibility for repairs or damages relating to defective workmanship or materials. The Person exercising this easement shall promptly repair, and pay for, any resulting damage. The provisions of this paragraph do not impose any obligation on Declarant or any other Person to perform any such inspection, monitoring, testing, redesigning, modification, or correction. In addition, Declarant hereby has, shall have and hereby reserves the right to enter upon the Lots, Common Areas and other portions of the Harbor View Estates (including, without limitation, all drainage and Landscape Buffer easements, whether located on a Lot or Common Areas) in order for Declarant to final -out and/or close-out any and all approvals, permits, orders, conditions and/or requirements that have been issued or imposed by any governmental entity in connection with the development and construction of Harbor View Estates and all Improvements therein, and for Declarant to comply and adhere to the same, and such rights shall survive the date of Turnover and continue for such period of time as is necessary for Declarant to fully comply with all such governmentally issued approvals, permits, orders, conditions and/or requirements and its obligations under the Agreement. Without limiting the generality of the foregoing, in exercising any such rights, Declarant shall have the right to remove and/or relocate any and all items (including, without limitation, landscape materials, Walls and/or other Improvements) that may be required to be removed and%or relocated to final -out and/or close-out any and all such approvals, permits, orders, conditions and/or requirements without compensation to the Association or the Owners. This Section 10.5 may not be suspended, superseded or modified in any manner by any amendment to this Declaration unless such amendment is consented to in writing by Declarant. 10.6. Richt to Notice of Design gr Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or Improvements within the Community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant has been first notified in writing and given an opportunity to meet with the Owner and conduct an inspection. 38 9479875.4 ARTICLE XI EASEMENTS 11.1. Easements in Common Area. Declarant grants to each Owner a right and easement of use, access, and enjoyment in and to the Common Area, subject to: (a) The Governing Documents and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying the property to the Association; (c) The Board's right to: (i) adopt rules regulating Common Area use; (ii) dedicate or transfer all or any part of the Common Area, subject to any approval requirements set forth in this Declaration; and (iii) mortgage, pledge, or hypothecate any or all of the Common Area as security for money borrowed or debts incurred. Any Owner may extend his or her right to use the Common Area to the members of his or her family, tenants, and social invitees, as applicable, subject to reasonable Board regulation. An Owner who leases his or her Home in accordance with this Declaration shall be deemed to have assigned all such rights to the tenants of such Home for the lease term and shall not have any right to utilize the Common Area during such term, except as necessary to access the Lot. 11.2. Easements of Encroachment. Declarant grants easements of encroachment, and for maintenance and use of any permitted encroachment, between each Lot and any adjacent Common Area and between adjacent Lots. Such easement shall permit encroachment only by a structure or facture (i) which has been built by a Builder or Declarant, and (ii) which is unintentionally constructed on another's property. An encroachment easement shall not exist if the encroachment results from willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities. Etc. (a) Installation and Maintenance. Declarant reserves for itself, its successors and assigns, so long as Declarant or any Declarant Affiliate owns any property in the Community and/or Declarant is conducting its activities during the Development and Sale Period, and grants to the Association, subject to Deelarant's rights under Section 10.1, 10.2 and 10.3, perpetual, 39 9479875.4 non-exclusive casements throughout the Community (but not through a structure) to: (i) install utilities and infrastructure to serve the Community, including, without limitation, water, sewer, telephone, electric, gas, irrigation, cable and other systems for sending and receiving data and/or other electronic signals, drainage structures, facilities and systems, and security and similar systems; (ii) install walkways, curb cuts, driveways and paved areas, street lights, and signage on property which Declarant or the Association owns or within public rights-of-way or easements reserved for such purpose on a Plat; (iii) inspect, maintain, repair, and replace the utilities, infrastructure, and other Improvements described above; (iv) access and read utility meters; and (v) for any other purpose in Declarant's sole discretion. The right, license, or easement granted to a utility supplier shall include the non-exclusive right to ingress and egress over the Roadway for access and maintenance of its equipment and facilities. - Declarant reserves the right to deny access to any utility or service provider, to the extent permitted by law, or to condition such access on negotiated terms, (b) SMcific Easements. Declarant also reserves for itself the non-exclusive right and power to record such specific easements as may be necessary, in Declarant's discretion, to develop the Community. The location of the easement shall be subject to the written approval of the burdened property Owner, which approval shall not unreasonably be withheld, delayed, or conditioned (c) Interference. All work associated with the exercise of the easements described in subsections (a) and (b) of this Section shall be performed in such a manner as to minimize, to the extent practicable, interference with the use and enjoyment of the property burdened by the easement. Upon completion of the work, the Person exercising the easement shall restore the property, to the extent reasonably practical, to the condition existing prior to the work. The exercise of these easements shall not extend to permitting entry into the structures on any Lot, nor shall it unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only atter reasonable notice to the Owner or occupant 11.4. Easements for Maintenance Emergency, and Enforcement Declarant grants to the Association easements over the Property as necessary for the Association to fulfill its maintenance responsibilities under this Declaration. The Association shall also have an easement and the right, but not the obligation, to enter upon any Lot for emergency, security, and safety reasons, and to inspect for the purpose of ensuring compliance with and enforcing the Governing Documents. Such easement and right may be exercised by the Association through its officers, directors, committee members, employees, contractors, or agents in their capacities as such and by all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours. Declarant grants to the Association, subject to any required notice, an easement and right to enter a Lot to abate a Governing Document violation and/or to remove any structure, thing, or condition that violates the Governing Documents. Any costs incurred, including Legal Costs, shall be assessed against the Lot Owner as a Benefited Assessment. 40 9479875 4 11.5. Easements for Maintenance and Floodine. Declarant reserves for itself, and grants to the Association, the SFWMD, the County and their successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon the Lots and the Common Areas to (a) install, operate, maintain, repair, and replace pumps and other equipment; (b) construct, maintain, repair, and replace structures and equipment used for retaining, detaining, and otherwise controlling water; and (c) maintain the Surface Water and Storm Water Management System in a manner consistent with the Community -Wide Standard and applicable legal requirements. Declarant, the Association, the SFWMD, the County, and their successors, assigns, and designees shall have an access easement over and across any portion of the Community to the extent reasonably necessary to exercise their rights under this Section. Anyone exercising these easements shall use reasonable care in and repair any damage resulting from their intentional exercise of the easements, Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to natural occurrences or for other occurrences not reasonably foreseeable or under the control of Declarant or such other Person. 11.6. Easements for Cross-Draina¢e, Portions of the Community shall be burdened with easements for drainage of store water runoff from other portions of the Community and from adjacent land; however, no Person other than Declarant and the Association shall alter the drainage on any Lot to increase materially the drainage of storm water onto adjacent portions of the Community or adjacent land without the consent of the Owner(s) of the affected property, the Board, the SFWMD, the County, if applicable, and Declarant. 11.7. Easement for Maintenance of Surface Water and Storm Water Management System Declarant, the Association, the SFWMD and the County shall have a perpetual, non- exclusive easement over all portions of the Surface Water and Storm Water Management System for access to operate, maintain, repair, or replace the system. By this easement, Declarant and the Association shall have the right to enter upon any portion of any Lot and the Common Area which is a part of or adjacent to the Surface Water and Storm Water Management System, at a reasonable time and in a reasonable manner, to operate, maintain, repair, or replace the system as the SFWMD or the County or any governmental agency or quasi -governmental body requires or permits. Additionally, Declarant, the Association, the SFWMD and the County shall have a perpetual, non-exclusive easement for drainage over the entire Surface Water and Storm Water Management System, and the owner of the pumps, pipes, and other apparatus comprising the system shall have an easement of access and maintenance as necessary for the operation, maintenance, repair, and replacement of such equipment No Person other than Declarant shall alter the drainage flow of or over the Surface Water and Storm Water Management System, including, without limitation, buffer areas or swales, without the Association's prior written approval and Declarant's written consent 41 875.4 11.8. Sign Easement Declarant reserves for itself and the Association an easement (herein referred to as the "Sign Easement") over, upon, and across all areas of the Community for erection, installation, operation, maintenance, repair, and replacement of Community signs, walls, monuments, fencing, decorative improvements, and other entry features, together with landscaping, lighting, utility, and irrigation facilities. No Owner shall obstruct access to the Sign Easement, or install or remove any plant or other Improvement or installation placed in the Sign. Easement by the beneficiaries thereof, or obstruct the view of the Sign Easement from the adjacent street right-of- way. All Community signs, walls, monuments, entry features, landscaping, utility, irrigation and other permanent improvements installed in the Sign Easement by Declarant shall become the Common Area of the Association upon conveyance from Declarant, and the Association shall maintain such Sign Easement and the Improvements therein as part of the Common Area_ In addition, Declarant shall have the right, without the prior approval of the Association or any Owner, to erect sales and marketing signs within the Sign Easement, and to change, move, remove, repaint, maintain, and otherwise exercise complete and unfettered control over such sales and marketing signs at all times prior to the sale by Declarant of the Iast Lot owned in the Community, and all such sales and marketing signs shall be and remain the exclusive property of Declarant and shall not be deemed part of the Common Area owned by the Association. 11.9. Private Roadway. (a) It is intended that the private Roadway within the Community, as depicted on the Plat, shall be owned by the Association as part of the Common Area and shall not be dedicated to the County or to public use by recordation of such Plat Use of such Roadway shall be subject to and in accordance with any rights and easements shown on the Plat and such reasonable Use Restrictions and Rules as the Association may adopt from time to time consistent with this Declaration, the Plat, and any law, ordinance, or regulation governing the Community. (b) Declarant hereby reserves unto itself, its agents, employees, successors, and assigns an easement over the Roadway for the purpose of constructing, maintaining, repairing, or rebuilding any subdivision Improvements installed or to be installed in the Community and for performing any other work within the Community (including Lots) which Declarant deems reasonably necessary, in its discretion, or which Declarant is required to perform pursuant to a contract with any Owner, pursuant to the Agreement or pursuant to the requirements of any government agency having jurisdiction over the Community. With regard to construction on any of the Lots by the Owners thereof the contractors, subcontractors, laborers, materialmen, and other Persons providing construction services and materials to any such Lots shall have access to such Lots over the Roadway subject to such rules as the Association may adopt; however, during the Development and Sale Period, Declarant shall have the right to prohibit the use of the Roadway by such Persons and to designate alternate access easements for such Persons. (c) Declarant hereby creates a perpetual, nonexclusive easement for access, ingress, and egress over the Roadway for law enforcement, fire fighters, paramedic, rescue, and 42 94 875.4 other emergency vehicles, equipment, and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; for utilities (water, wastewater, etc.) and for vehicles, equipment; and personnel providing garbage collection service to the Community provided that such easement shall not authorize any such Persons to enter the Community except while acting in their official capacities. ARTICLE XII DISPUTE RESOLUTION 12.1. Agreementto Encourage Resolution of Disputes Without Litigation. (a) Declarant, the Association and its officers, directors, and committee members, all Persons subject to this Declaration, any Builder and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties"), agree to attempt to resolve disputes involving the Community or the Governing Documents without the emotional 'and financial costs of litigation. Accordingly, each Bound Party agrees not to, directly or indirectly, file a law suit for a Claim described in subsection (b), without first submitting the Claim to the alternative dispute resolution procedures described in Section 12.2. (b) As used in this Article, the term "Claim" shall refer to any claim, grievance, or dispute arising out of or relating to (i) the interpretation, application, or enforcement of the Governing Documents; (ii) the rights, obligations, and duties of any Bound Party under the Governing Documents; (iii) trespass, nuisance, property damage, or enforcement of laws, codes, or ordinances within the Community, except that the following shall not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 12.2: (1) any Association action to collect Assessments, sanctions or other amounts due from any Owner; (2) any Association action to obtain a temporary or permanent restraining order or injunction (or emergency equitable relief) and such ancillary relief as the court may deem necessary in order to enforce the provisions of the Governing Documents or maintain the status quo and preserve the Association's ability to enforce the provisions of the Governing Documents; (3) any action between Owners, which does not include Declarant and/or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; 43 9479875.4 Party; and (4) any action in which any indispensable party is not a ]Bound (5) any action as to which the applicable statute of limitations would expire within one hundred eighty (180) days of giving the Notice required by Section 12.2(x), unless the party or parties against whom the Claim is made agree to toll, or extend, the Claim's statute of limitations to comply with this Article, unless otherwise provided in a Builder's contract with an Owner for construction or sale of a Home. 12.2. Dispute Resolution Procedures. (a) Notice. The Bound Party asserting a Claim ("Claimant's against another Bound Party ("Respondent') shall give written notice ("Notice's by certified mail, return receipt requested; overnight delivery by a nationally recognized courier that provides tracking and receipt services; or personal delivery to each Respondent, and to the Board, stating plainly and concisely: (i) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; the Claim arises); Citi) the legal basis of the Claim (le., the specific authority out ofwhich (iii) the Claimant's proposed resolution or remedy; and (iv) the Claimant's desire to meet with the Respondent to discuss in good faith ways to resolve the Claim. (b) Negotiation The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiating a resolution of the Claim. (c) Mediation If the Bound Parties have not resolved the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other agreed upon period), the Claimant shall have thirty (30) additional days to submit the Claim to mediation with an entity designated by the Association (if the Association is not a party to the Claim) or to an independent agency providing dispute resolution services in the County, Each Bound Party shall present the mediator with a written summary of the Claim If the Claimant does not submit the Claim to mediation within such time, or does not appear fof and participate in good faith in the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim. 44 9479875.4 If the Bound Parties do not settle the Claim within thirty (30) days after submitting the matter to mediation, or within such time as determined reasonable by the mediator but which, will not cause the statute of limitations to expire, the mediator shall issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative or other proceedings on the Claim, as appropriate. Each Bound Party shall bear its own costs of the mediation, including attorneys' fees, and each Party shall sbare equally all fees charged by the mediator. (d) Settlement. Any settlement of the Claim through negotiation or mediation shall be documented in writing and signed by the Bound Parties. If any Bound Party thereafter fails to abide by the terms of such agreement, then any other Bound Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this Section. In such event, the Bound Party taking action to enforce the agreement shall, upon prevailing, be entitled to recover from the non -complying Bound Party (or each one in equal proportions) all costs incurred in enforcing such agreement, including, without limitation, Legal Costs. ARTICLE XIII MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers, and guarantors of first Mortgages on Lots. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 13.1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to stale the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its Mortgage relates, thereby 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 Community or which affects any Lot 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 a Lot subject to the Mortgage of such Eligible Holder, -vvhere such delinquency has continued for a period of sixty (60) days, or any other violation of the Governing Documents relating to such Owner or occupant which is not cured within sixty (60) days; (c) Any lapse, cancellation, or material modification of any Association insurance policy; 45 9479875.4 (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders; or (e) If the US. Department of Housing and Urban Development is insuring or the U.S. Department of Veterans Affairs is guaranteeing the Mortgage on any Lot, material amendment to the Governing Documents or extraordinary action of the Association, as defined under VA Pamphlet 26-7, as it may be amended or superseded. Otherwise, no consent from Eligible Holders shall be necessary to enable the Association to accomplish any of its operational duties and responsibilities or to exercise any of its rights. 13.2. Other Provisions for Fust Lien Holders, To the extent not inconsistent with Florida law: (a) Any restoration or repair of the Community after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance witb this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holden; of first Mortgages on Lots to which more than 500/a of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which more than 50% of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 13.3. Amendments to Documents. (a) The consent of at least 67% of the Class "A" and Class "B" votes, and the consent of Declarant, during the Development and Sale Period, and the approval of the Eligible Holders of fust Mortgages on Lots to which at least 67% of the votes of Lots subject to a Mortgage appertain, shall be required to terminate the Association. (b) If and to the extent FHA or VA is insuring or guaranteeing any Mortgage on a Lot, the consent of at least 67% of the Class "A" and Class "B" votes, and the consent of Declarant, during the Development and Sale Period, and the approval of Eligible Holders of first Mortgages on Lots to which more than 50% of the votes of Lots subject to a Mortgage appertain, shall be required materially to amend any provisions of this Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: (i) voting; (ii) Assessments, Assessment liens, or subordination of such liens; 46 9479675.4 (iii) reserves for maintenance, repair, and replacement of the Common Area; (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Community; (vii) expansion or contraction of Community or .the addition, annexation, or withdrawal of property to or from the jurisdiction of the Association; (viii) boundaries of a Lot; (ix) leasing of Lots; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Lot; or (xi) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on tots. 13.4. Construction of Article XIII. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or Florida law for any of the acts set out in this Article. 13.5. No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 13.6. Notice to Association. Upon request, each Owner shall be obligated to famish to the Association the name and address of the holder of any Mortgage encumbering the Owner's Lot. 13.7. Failure of Mortgagee to Respond. 47 9479875.4 Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be conclusively deemed to have irrevocably approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified mail, return receipt requested; overnight delivery by a nationally recognized courier that provides tracking and receipt services; or personal delivery. 13.8. HUDNA Approval. As long as there is a Class "B" membership, the following actions shall require the prior approval of the U.S. Department of Housing and Urban Development ("HUD's or the U.S. Department of Veterans Affairs ("VA"), if either such agency is insuring or guaranteeing the Mortgage on any Lot or has grunted project approval for such Mortgages: merger, consolidation, or dissolution of the Association; annexation of additional property; dedication, conveyance (other than to correct errors on property descriptions or other inconsequential or immaterial conveyances), or mortgaging of Common Area; or material amendment of this Declaration or the Bylaws. The granting of casements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a conveyance within the meaning of this Section. 13.9. Rights of Declarant and Institutional Mortgagees To Pay Assessments and Receive Reimbursement. Declarant and any institutional lender(s) shall have the right, but not the obligation, jointly or individually, and at their sole option, to pay any of the Assessments which are in default and which may or have become a charge against any Lot(s). Further, Declarant and any institutional lender shall bave the right, but not the obligation, jointly or individually, and, at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of Operating Expenses on behalf of the Association in the event the same are overdue and when lapses in policies or services may occur. Declarant and any institutional lender paying overdue Operating Expenses on behalf of the Association will be entitled to immediate reimbursement from the Association plus Interest and any costs of collection including, but not limited to, Legal Costs, and the Association shall execute an insuvment in recordable form to this effect and deliver the original of such instrument to each institutional lender who is so entitled to reimbursement and to Declarant if Declarant is entitled to reimbursement. ARTICLE XIV DISCLOSURES AND WAIVERS 14.1. No Liability For Third Party Acts. Owners and occupants of Lots, and their respective guests and invitees, are responsible for their own personal safety and for their property in the Community. The Association may, but is not obligated to, maintain or support certain activities within the Community which are intended to promote or enhance safety or security within the Community. However, the Association and Declarant shall not in any way be considered insurers or guarantors of safety or 4B 9479675.4 security within the Community, nor shall they be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken, if any. Each Owner acknowledges, understands, and shall be responsible for informing its tenants and all occupants and invitees of its Lot that the Association, the Board and its committees, Declarant and any predecessor Declarant are not insurers or guarantors of security or safety and that each Person within the Community assumes all risks of personal injury and loss or damage to property, including Lots and the contents of Lots, resulting from acts of third' parties. Any person employed or retained by Declarant shall under no circumstances be responsible for the security or safety of any persons or property within the Community, nor shall the Association or any Owner or occupant of the Community be authorized to direct or request favors of any such person. 14.2. View Impairment. Neither Declarant nor the Association guarantee or represent that any view over and across the Lots or any open space within the Community will be preserved without impairment. Neither Declarant nor the Association shall be obligated to relocate, prune, or thin trees or other landscaping. The Association (with respect to the Common Area) and Declarant have the right tq relocate, prune, thin, or add trees and other landscaping from time to time subject to applicable law. Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed. 14.3. Construction Activities. All Owners, occupants, and users of Lots are hereby placed on notice that Declarant, any Declarant Affiliate, and/or their agents, contractors, subcontractors, licensees, and other designees, successors, or assigns, shall, from time to time, conduct construction activities within the Community. By the acceptance of a deed or other conveyance or mortgage, leasehold, license, or other interest, and/or by using any portion of a Lot or the Community generally, Owners, occupants and users of Lots acknowledge, stipulate, and agree (a) such activities shall not be deemed nuisances, or noxious or offensive activities, under any applicable covenants or at law generally; (b) not to enter upon, or allow their children or other Persons under their control or direction to enter upon (regardless of whether such entry is a trespass or otherwise), any property within or in proximity to the Lot where such activities are being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise during non -Working hours); (c) that Declarant, any Declarant Affiliate, or predecessor Declarant, and all of their agents, contractors, subcontractors, licensees, and other designees, successors, and assigns, shall not be liable for any losses, damages (compensatory, consequential, punitive, or otherwise), injuries, or deaths arising from or relating to any breach of this covenant; (d) that any purchase or use of any Lot has been and will be made with full knowledge of the foregoing; and (e) this acknowledgment and agreement is a material inducement to Declarant or its Affiliates to sell, convey, lease, and/or allow the use of Lots within the Community. 49 9479875.4 14.4. Liability for Association Operations. The Association shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Declarant and any predecessor Declarant (including their respective Affiliates, successors, and assigns) from and against any and all losses, claims, demands, damages, costs, and expenses of whatever kind or nature (including, without limitation, Legal Costs), which relate to or arise out of Association management and operations, including, without limitation, improvement, maintenance, and operation of the Common Areas and the collection of Assessments. ARTICLE XV CHANCES IN OWNERSHIP OF LOTS Any Owner, other than Declarant or any Declarant Affiliate, desiring to sell or otherwise transfer title to his or her Lot shall give the Board written notice at least fourteen (14) days' prior to recording the deed of the name and address of the purchaser or transferee, the date on which transfer of title is to occur, and such other information as the Board may reasonably require. Notwithstanding the transfer of title, the transferor shall be jointly and severally responsible with the transferee for all future obligations of the Owner, including future Assessment obligations, until the date upon which the Board receives such notice, after which the original Owner shall be released from the obligation to pay Assessments levied after the date such notice is received. ARTICLE XVI CHANCES IN CONLMON AREA 16.1. Condemnation. Whenever any part of the Common Area is taken or conveyed under threat of condemnation by any authority having the power of eminent domain, the Board shall detemtinc, in the exercise of its business judgment, whether each Owner is entitled to notice. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which Improvements have been constructed, the Association shall restore or replace such Improvements on the remaining land included in the Common Area to the extent practicable; unless, within sixty (60) days after such taking, Members entitled to cast at least 75% of the total Class °A" votes and Declarant, during the Development and Sale Period, shall otherwise agree. Any such construction shall be in accordance with plans the Board approves. The provisions of Section 6.3 regarding funds for the repair of damage or destruction shall apply. If the taking does not involve any Common Area improvements, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 16.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action for partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board firm acquiring and disposing of tangible personal property. 16.3. Transfer or Dedication of Common Area. The Association may convey, dedicate, or otherwise transfer portions of the Common Area to the County or to any other local, state, or federal governmental or quasi -governmental entity, with the consent of at least two-thirds of the Owners and such approval as may be required by Section 13.8. ARTICLE XVII AMENDMENT OF DECLARATION 17.1. By Declarant. In addition to specific amendment rights grunted elsewhere in this Declaration, until the first conveyance of a Lot to a Person other than Declarant or a Builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter and until termination of the Class 'B" Control Period, Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determinatic n; (b) to enable any reputable title insurance company to issue title insurance coverage on the lots; (c) to enable any institutional or governmental lender, purchaser, insurer, or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD, or VA, to make, purchase, insure, or guarantee mortgage loans on the Lots; (iv) to satisfy the requirements of any local, state, or federal governmental agency; or (v) for any other purpose which does not materially adversely affect title to any Lot, unless the Owner of such Lot consents to such amendment. The Association shall, forthwith upon request of Declarant, join in any such amendments or modifications and execute such instruments to evidence such joinder and consent as Declarant shall, from time to time, request. 17.2. By the Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing at least 75% of the Association's total Class "A" votes. In addition, during the Development and Sale Period, Declarant's written consent is requited for any amendment. The approval requirements set forth in Section 13.8 also shall be met, if applicable. SI 9479875.4 Notwithstanding the above, 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 taken under that clause. 17.3. Approval by South Florida Water Management District and Palm Beach County. Notwithstanding Sections 17.1 and 17.2, any amendment to this Declaration that alters any provision relating to the Surface Water and Storm Water Management System, beyond maintenance in its original condition, including the water management portions of the Common Areas, or amendment to this Section 17.3, must have the prior approval of the SFWMD and the Palm Beach County Engineer or its authorized designee. 17.4. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "B" Member without the written consent of Declarant or the Class 'B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that the Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon the earliest of (a) actual notice: (b) recording; or (c) later effective date specified in the amendment, Any procedural challenge to an amendment must be made within six (b) months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. 17.5. Exhibits. Exhibit "A" attached to this Declaration is incorporated by this reference and amendment of such exhibit shall be governed by this Article. Exhibit 'B" is incorporated by reference and may be amended as provided in Article III. All other exhibits are attached for informational purposes and may be amended as provided therein or in the provisions of this Declaration which refer to such exhibits. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed on the day and year written below. HARBOR VIEW ESTATES, LLC, a Florida limited liability company By: �-- Printefl-ame: TGl�wirl L �Lv� , Title:it/�y/3a7-Z-- sz 47 873.4 STATE OF FLORIDA ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by 'Tri ewW j LA.✓el Qr1' as of HARBOR VIEW ESTATES, LLC, a Florida limited liabilit-nnaa y compa#, freely and voluntarily under authority duly vested in him/her by said company, who is personally known to me. TNESS my hand and official seal in the County and State last aforesaid this 1Z day Of 1`/�X i 1 2013. No 5' J. i 7 CJ.�p'� �{ Cr . C My Commission Expires: Print Name: ,��'�w�- ELIZABETH CUTAIA MY COMMISSION p EE070457 ,�.an ,�: E%PIRES PAarch 03, 2015 (d07179ed159 floddaNdeNServrR--con 53 9479875.4 EXHIBIT "A" LEGAL DESCRIPTION OF TRE PROPERTY LOTS 1 THROUGH 6, TRACT A, LANDSCAPE BUFFERS AND DRAINAGE EASEMENTS, AS SHOWN ON THAT CERTAIN PLAT OF HIDDEN HARBOUR ESTATES PLAT TWO, RECORDED IN PLAT BOOK 115, PAGE 173, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 54 49 79875A EXMRIT "Bn INITIAL USE RESTRICTIONS For purposes of these Use Restrictions, unless the context otherwise requires, Owner shall also include the family, invitees, guests, licensees, lessees and sublessees of any Owner, and any other permitted occupants of a Home. All the Property shall be held, used and enjoyed subject to the following limitations and restrictions, subject to the exemption of Declarant in Paragraph 20 hereof. 1, Single -Family Use. The Homes shall be for single-family use only. No commercial occupation or activity may be carried on in Harbor View Estates except as such occupation or activity is permitted to be carried on by Declarant under the Declaration, Home offices which do not result in visits by customers or clients are not included in this restriction. A family is defined to mean any number of persons related by blood, marriage or adoption or not more than two (2) unrelated persons living as a single housekeeping unit. 2. Nuisance. Subject to allowances for reasonable construction activities, no obnoxious or offensive activity shall be carried on, in or about the Lots or in or about any Improvements, or on any portion of Harbor View Estates, nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to any Owner. No use or practice shall be allowed in or around the Lots which is a source of annoyance to Owners or occupants of Homes or which interferes with the peaceful possession or proper use of the Lots or the surrounding areas. No loud noises or noxious odors shall be permitted in any Improvements or Homes. Without limiting the generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles or any items which may unreasonably interfere with television or radio reception of any Owner shall be located, used or placed on any Lot, or exposed to the view or hearing of other Owners without the prior written approval of the Board. 3. No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made of any Lot or the Home thereon nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to any person using any portion of the Property. The Property will be subject to, and the Association and each Owner will conform to and observe, all laws, statutes, ordinances, rules and regulations of the United States of America, the State of Florida; the County, and any and all other governmental and public authorities and boards or officers of the same relating to such Property and any Improvements thereon or the use thereof. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover relating to any Lot or Home shall be corrected by, and at the sole expense of the Owner of such Lot. 4. Removal of Sod and Shrubbery; Alteration of Drainage, Etc. Except for Declarant's acts and activities with regard to the development of Harbor View Estates, no Improvements (including, but not limited to, driveways and landscaping) and no sod, top soil, muck, trees or shrubbery shall be removed from Harbor View Estates and no change in the 55 4479875.4 condition of the soil or the level of the land of any of the Harbor View Estates area shall be made which would result in any permanent change in the flow or drainage of storm water within Harbor View Estates without prior written consent of the Association. 5. Antenna and Aerial. No outside television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any portion of the Property or upon any Improvements thereon, unless expressly approved in writing by the Association, except that this prohibition shall not apply to those satellite dishes that are one (1) meter (39.37 inches) in diameter or less, and specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association is empowered to adopt rules governing the types of antennae which may be permitted and restrictions relating to safety, location and maintenance of antennae. The Association may also adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to certain specified locations, and integrated with the Property and surrounding landscape, to the extent that reception of an acceptable signal would not be unlawfully impaired by such rules and provided the cost of complying with such rules would not unreasonably increase the cost of installation of permissible dishes or antennae. Any permissible dishes or antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land-use and building regulations. Further, any Owner desiring to install permissible dishes or antennae may, but is not obligated, submit plans and specifications for same to the Association to ensure compliance with the Association's rules governing the types of permissible antennae and restrictions relating to safety, location and maintenance of antennae. This Section 5 shall not apply to Declarant. 6. Garbage and Trash. Each Owner shall regularly pick up all garbage, trash, refuse or rubbish around or on his or her Lot, and no Owner or resident shall place or dump any garbage, trash, refuse or other materials on any other portions of Harbor View Estates, including any Common Area or any property contiguous to Harbor View Estates. Garbage, trash, refuse or rubbish shall be deposited in the trash cans provided within Harbor View Estates. 7. Radio Transmission. No ham radios or radio transmission equipment shall be operated or permitted to be operated within Harbor View Estates without the prior written consent of the Association. 8. Temporary Buildings, Etc. No tents, trailers, shacks or other temporary buildings or structures shall be constructed or otherwise placed within Harbor View Estates except in connection with construction, development, leasing or sales activities permitted under the Declaration or with the prior written consent of the Association. No temporary structure may be used as a residence. 9. Drainage or Utility Easements. No structures, trees or shrubs shall be placed on any drainage or utility easements, except by Declarant without the prior written consent of the Association. 56 9479975A 10. Increase in Insurance Rates. No Owner may engage in any action which may reasonably be expected to result in an increase in the rate of any insurance policy or policies covering or with respect to any portion of the Property not owned by such Owner. 11. Mining, Drilling, or Excavation. There shall be no mining, quarryingor drilling for minerals, oil, gas or otherwise ("Mining Activity undertaken on the Property. Activities of Declarant, or the Association in excavating or maintaining drainage or other facilities or easements shall not be deemed Mining Activities nor will the installation of wells or pumps for sprinkler systems in compliance with applicable governmental requirements be deemed a ivlining Activity. 12. Subdivision and Partition. No Lot on the Property shall be subdivided; however, two or more Lots may be combined and three Lots may be divided into two new Lots provided the proper governmental procedures are followed. 13. Casualty Destruction to Improvements. In the event a Home(s) and/or other Improvement(s) upon a Lot(s) is damaged or destroyed by casualty, hazard or other loss then, within a reasonable period of time after such incident, the Owner(s) thereof shall either commence to rebuild or repair the damaged Home(s) or Improvement(s), diligently continuing such rebuilding or repairing activities to completion or, upon a determination by the Owner(s) thereof that the Home(s) or Improvement(s) will not be repaired or replaced, promptly clear the damaged Home(s) or Improvement(s) and grass over and landscape such Lot(s) as applicable, in a sightly manner consistent with Declarant's plan for beautification of Harbor View Estates. 14. Common Area. Nothing shall be stored and/or constructed within or removed from any Common Area other than by Declarant, except with the prior written approval of the Association. 15. Landscape Buffer Easement and Drainage Easement. Unless prior consent of the Association is obtained, no Improvement on a Lot shall be placed within a Landscape Buffer Easement nor in a Drainage Easement, and any Improvement placed within the Landscape Buffer Easement or a Drainage Easement for which prior consent of the Association was not obtained, may be removed by Declarant or by the Association Thu cost of such removal shall be paid by the Owner(s) who placed such Improvement in such area without the consent of Declarant or the Association. 16. Vehicular Parking. No person, firm or corporation shall park or cause to be parked any vehicle on any portion of the Property other than in driveways or other specifically designated parking areas located on the Property. The foregoing, however, shall not: (i) apply to Owners who have construction in progress on their particular Lot; (ii) prohibit routine deliveries by tradesmen, or the use of trucks or commercial vans in making service calls and short term visits; (iii) apply to a situation where a vehicle becomes disabled and, as a result of all emergency, is required to be parked within Harbor View Estates until it can be towed away; and (iv) apply to vehicles used in connection with construction, development or sales activities permitted under the Declaration. No person, firm or corporation shall maintain or repair any vehicle (including, but not 9479875.4 _ 57 limited to, four-wheel passenger automobiles) upon any portion of the Property; provided, however, Declarant its successors, nominees or assigns and the Association may make, or cause to be made, such repairs if necessary in regard to vehicles used in connection with construction, sales or management at Harbor View Estates. Vehicles which are missing one or more wheels, have one or more deflated tires, are not in an operating condition, or do not have current valid license plates shall not remain upon any portion of the Property (except within an enclosed garage) for more than two (2) consecutive days. No Owner or his or her family members, guests invitees or lessees or their family members, guests, or invitees shall be permitted to keep any vehicle on the Property which is deemed to be a nuisance by the Association or Declarant. 17. Water Supply. No individual water supply system for drinking purposes or household use shall be permitted on any Lot, including for irrigation or sprinkler purposes. 18. Compliance with Governing Documents. Each Owner and their family members, guests, invitees, and lessees and their family members, guests and invitees shall be bound by and abide by the Governing Documents. The conduct of the foregoing parties shall be considered to be the conduct of the Owner responsible for, or connected in any manner with, such individual's prrsence within Harbor View Estates. Such Owner shall be liable to the Association and shall pay the cost of any maintenance, repair or replacement of any real or personal property located on the Common Area rendered necessary by his or her act, neglect or carelessness, or by that of any other of the foregoing parties, 19. No Implied Waiver. The failure of the Association or Declarant to object to a Owner's or other party's failure to comply with the covenants or restrictions contained herein or any other Governing Document (including the Hiles now or hereafter promulgated) shall in no event be deemed a waiver by Declarant, the Association, or of any other party having an interest in the Property of its right to object to same and to seek compliance in accordance with the provisions of the Governing Documents. 20. Certain Rights of Declarant. The provisions, restrictions, terms and conditions of these Use Restrictions shall not apply to Declarant as an Owner. 21. Board's Rule -Making Power. The foregoing Use Restrictions shall not be deemed to be all inclusive not restrict the right of the Association to adopt such reasonable rules and regulations governing the use of Harbor View Estates as the Board may determine from time to time, provided that such rules and regulations: (i) are not in conflict with the provisions hereof, (ii) apply equally to all lawful residents of Harbor View Estates without discriminating on the basis of whether a Home is occupied by a Owner or his or her lessee; and (iii) for so long as Declarant holds any Lots or Homes within IIarbor View Estates for sale, have the prior written approval of Declarant. Declarant has the right to approve any rule or modification thereof. 58 9479875.4 EXHIBIT "C" ARTICLES OF INCORPORATION OF HARBOR VIEW ESTATES ASSOCIATION, INC. 9479975A e5O-B17-6381 12/21/2012 2:23:02 PM PAGE 2/003 Fax Server of ID"artment of Otatr I certify the attached is a true and correct copy of the Articles of Amendment, filed on December 20, 2012, to Articles of Incorporation for HARBOR VIEW ESTATES ASSOCIATION, INC., a Florida corporation, as shown by the records of this office. I further certify the document was electrcnically received under FAX audit numbar 812000291326. This certificate is issued in accordance with section 15. 16, Florida Statutes, and authenticated by -the code noted below The document number of this corporation in N11000009398. Authentication Code: 412AO0030203-122112-N1I000009398-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-first day of December, 2012 Eti ar �9LGC¢tRP�� �fdt2 812000291326 CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION OF HARBOR VIEW ESTATES ASSOCIATION, INC. (A Florida corporation not for proflt) Pursuant to Chapter 617.1 W6 of the Florida Not For Profit Corporation Act The undersigned certifies as follows: 1. no Association was originally incotporatedonOctober4,2011,DocuptentNumber NI1000009398, under Chapter 617 of the laws of the State of Florlds. All terms used in this Certificate of Amendment shall have the same meaning given to such terms in the Articles. 2. In accordance with Article 13 of the Articles, the undersigned, on behalf of the Declarant, desires to amend the Articles in order to revise the definition of Operating Expenses in Section 18 of Article I and to revise the quorum rap*ement in Section I of Article V of the Articles. 3. The followiug Amendment to the Articles was approved and adopted by Declarant as of December 12, 2012, and there are no members entitled to vote on the Amendment. NOW, THEREFORE, the Articles are hereby amended as follows: 1. Section l8 of Article I is hereby replaced in its entirety with the following: 18. "Operating Expanses"shall mean the expenses for which Owners are liable to the Association as described in the Declaration and any other Governing Documents and include, but are not limited to: (a) the costs and expenses incurred by the Association in owning, administering, oporaft. maintaining, financing, repairing, moonshucting, replacing or improving the Common Area rn• any portion thereof and Improvements thereon, all other property owned lry the Association (including, without limitation, the Surface Water and Storm Water Management System, the Tract A Roadway and Landscape Buffers), and (b) all costs and expenses incurred by the Association in carrying out its powers and duties hereunder or under any other Governing Documents, 2. Section I of Article V is hereby replaced in its entirety with the following: L Aquorum shall consist ofpersons onidodtocast atleast fifty percent (50%) of the total number of eligible votes of the Members. 812000291326 e1erJa2A E12000291326 ]Ny TNESSWT-MOF,thisCerhffcetoofAmendn=Baabtmexeowedthb Vayof Decnnbar, 2012. HARBOR VIEW ESTATES ASSOCIATION, INC., ea FFlluridh ccoorrInntitionGrot for *fit By: ABD.L U17r11d[. ProsWart MUM H12000291326 B50 -C-17-8381 12/21/2012 2:23:02 PM PAGE 3/003 fir December 21, 2012 FLORMA DEPARTMENT OF STAM HARBOR VIEW ESTATES ASSOCIATION, INC. 185 14.21 4TH AVENUE SIIITE 104 DELRAY BEACH, FL 33463 Re: Document Number N11000009398 Fax Server The Articles of Amendment to the Articles of Incorporation for RARBOR VIEW ESTATES ASSOCIATION, INC,, a Florida corporation, were filed on December 20, 2012. The certification requested is enclosed. To be official, the certification for a certified copy must be attached to the original document that was electronically submitted and filed under FAX audit number E12000291326. Should you have any question regarding this matter, please telephone (850) 245-6050, the Amendment Filing Section_ Darlene Connell Regulatory Specialist II Division of .Corporations Letter Number: 412A00030209 P.O BOX 6327—Ta➢alm &MHonda 32314 850-817-8381 12/21/2012 2:23:02 PM PAGE 1/003 Fax Server of ;Departmk of fttp I certify from the records of this office that HARBOR VIEW ESTATES ASSOCIATION, INC. is a corporation organized under the laws of the State of Florida, filed on October 4, 2011. The document number of this corporation is N11000009398. I further certify that said corporation hes paid all fees due this office through December 31, 2012, that its most recent annual report/uniforta business report was filed on April 27, 2012, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code, d12A00030203-122112-N11000009398-1/1, noted below. Authentication Code: 412A00030203 -122112-N11000009398-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-girst day of December, 2012 tW,. �4* 6Pc"� Vow Ruder MOC105ky Cbi5 10/4/2011 3:69:05 PM PAGE 3/014 Fax "rver FILED "OCT -4 PH12: p8 iAlLAHASSEE FLORIDA F A=CU!GOF3MC0Hr08ATW¢N OF RAMR VIEW MATOAB70CUT", INC. (A Ffarida COrporWon Ha For Pnllt) 11101" 10 ttsm a ompamtbn oat for Pm& axler and la s000dsna WWJ de pec,6% e of C k"M 617 end 720 of the Fbride anedt , the undmaigned Wft %=poser ttds corp mdan am for Pam 8x the p:opam rtd akh de powea he mtw Ad lbrth.WA to Oat end, tbawkml6*+d, by dr" Ardahe affaeorpoiKIM eftntaat dblmwc ARTICLE I DBFrHMONC The faliawba wmdc eras 0MM acus and (ntbcseATd*A of fatoryoeatun (mdem no oontaat danr(Y mote wgi @aether' nm=I ftll have the mllowktt nmaia nae, or If oet dcdiaal bdow"doMW brthe Dwlamtba. 1. 'AEbtro" amara these AWWm of lamrpmolbn and my omandmmis bmU . 2 'Asee6oaorde" mrone tie areereme� mr wNch sil lTvnore are eht�ted m P41r the AstdaWlan which are 7miod by the Awuefetiaa In eeooxisnoe %kh the Cavadae DOaulcanM I"Astocietba" mum IbAorView lletewAnoo61bn.Jim, aHbrWamrpomtba gat lin proID_ The Awali iaa" A Niel' a owdomfnlam Aswd9lge; sod h got Irtmtded to be govacwl byChepta718, the Condomffiiam Av% Marge ft nraa. 4 "BoaWvneens the Baud ofD'c*noftta Awoafetkm • !."IdyLwa`tarnathaAyfeweoYthslutmlulanenda:grsasndmeahthereta. , "Cadmoa Aron" moans the pwpvly more particde:ly cum@ed et wch in Oe Dedardbr, 7.-Comeut W of Motor View D ULW mesas the real ptopody dumbed In B)d&k •A" to 8m Dealaratloa togeaw whh each addblmW PmPOV as Is MMMed to the Deouaarkn in aaaoadeoor %vilh Arrlolc 7f orBeDeahrdim L "Coury'meow PahoBt Oavoq;Fta•16n. 0 »�9, "Dtal�m` Mama Datitor Viae B"016 IW, a PMfia HmW Heb(Pty w}nch the orMWvte u s or Alsip OW IWNUW se Decant in a nEwded kultzow b prewdioy Det(a u esedota. Any Pram who K aqy dome bode Wm tigbte of DeCklill Wawodcr and sabaegneWry tmwthre or rmlaas the rl&s o4Dedmetd to another Pemon shell he lm m " a 'Trodwwtar Dmisantc and, uolem othmwbe Wmj h Rl4emtled H i Ruilmn MCC105ky Cb15 10/4/2011 3:58:05 PM PAOH 4/014 Fax Server w4kia40, dabs srahbd to the dgtda of a prukeeaor Dmb'Rmt ed*Mod In tba Dor]aretfue. Wbm0-or 2102 aP0010664 dated, aIkadeaeo,orDalxent sWbt aMrdrdtbe mw 7auctbm Whit 1 26d to M*wm ar6Mg during ti rmma as Deokaerd =the praleaaapr Deedarad wnald kwouttvAnnlil Damnlri. 1Q. '±kW[o[bM" trlevaa lbs J7arolenttoa of Covooems CatdgknL Aesbfctlane cab Hsamatta 4r Hwbor View tie"" whkle is tntaded to be recorded amonyat the public Raardi ofttm Comely, and any amm*nmve mado. 11."D'aaaor•'mtmwamanbaot'thelloud. 12 '1iac6orviewBalatm"menet}wanmeSh'tmloWarwldcrflfelwmanmhytxdng dvmbpcd byDedanmt m Ilw CM=LYin wamdaoee whh the Decimation. 13. 'HOA Aar macro the bammwnaa' oawaW m am, Chaflor 7217. Md" etandaa, w amnaded faoreh On date of reoeudms the Dsc:& m meager tboM& Slacony ofthe Ceemb� 14 "gams" mans a rmmcvtw aw44ag tacit in )Uftr view sluda warasd as a eaidaee err mm (1) AAWIy, no taem'71me dme iealada oe'4ot" me defined blow. 13. "Oovaadae DoammW mew k the mWeesle the Dakratiwi, one Adldrs and the ByLws and allot tae hwkamaU aid dacmarsts ra5arad to tb ada, lndadbg bo Oct Bmfted to, any aamad,eeOgo faselo. fe. 'Lot^ mmm a paeans Or go why, wbell= knpmyed or MIMPmY04 whkb may be fodW dm V mwoed std aeovW4 tmd whkh IN fmpmVed, m idanded to be lmfaavad, mhk a Raze. 7be term stmt l raRr to the kmd. !f n� wblofi b psi of t1s Lel ns well as any fmlmoemxm4 oa >bn 7.at. 7be bomdarim of aub Lot ere suntan mm 4o pion. 1:Ipm rstmpktim of eotxtrUWan of ft Rome on a 14 pah Lot end the lmpmva=h thaem rball cdlealvady be amsMmed to be it 7fmm lbr purposm ofd mo Ardam and the O%w Oovembrg iloeamew. 17.'7tdamha'mws•mmmbaoffheAwoalatloa It "Opwfts Boasad' means the expenses for whkh owma am laic to tba AetalaatfamadawriedtothoUcalamtfnsatodany olbtrOovaahabaaamauand bat aro ant 9mPAd lo, the amtsand m4=W be" by the Ataoc!dW fo adm;akla5op, apmft mob,lda4t¢, flaanak'S or IV*B& but net rcntawmp{ae, Mlaftorimprovh& the fbamm Area and w4mwz mb damson atd A meta Wd OVMM kaamei by the Association im =ryipaal tbPOr tmdtktles haraoadarosrmdar anyIXha OweedaQ Aoamade, 19# V WW" mane Ste record owma, wbethm oat (1) armmepOame or adkiu, of Nw !be Amplt talk to ay d.Ot wm m Herber View ENnlra, Rd lmobadrs ilodmevl fiat a lane a Dalaaat Own fee aiarp7a tib to a rot, bat =loft lbwtfeom tbaa havhte aah bderwt as vmwkyfbtthe parilMmenceOfaatbHp im use,rrrrex 2 Ruden MOC1OSKy Ch15 10/4/2011 3:58:05 PM PAGE 6/014 Fax Server 20."PmpFq-a:lTImseotberalpropettyoVI&ddtothe DMIRrttoa U19M otbarvAea dnSnad hKow, the ammo dafkw io tM De_ cAlon are fecotpormd herds by rekrmceamd Phan appdr In fokW caphol h ams mah tiro cork Wm eppmn to three Atbdea A=CLE R NME 7u rano ofibb Popr9te aball be 9mbnr %m vtwe Assodettw4 im. (hadutta reWwed b ea U Amocistlon X VA WiM principalof m and rmtUog eddtms tfiell Met 185 _ N.S. 4MAvmm Sukc 101, DobvyBear3,PL 33989, ART7CLEM Thu pmpmee for wWb(be Amockthon isorgmtmd is to take tM to,epmda, adnWe", . & muq bueq rgm'r, tepheo, >mn wr, Into mrd matetabe the Cmann A= mid to rnklAW t tholondecepotatdLaahm nam the PW asci thedraiegsism loaded an ther1oWy. . ART1=TV , PDVMS The AwmdWm ehaU hive tba WawkM powan end ADII be V"tad ly the th%Mog PMVIUOM A. The Aawktlon " fav, RU of the o=m= law and &W=V pow= of a mrpnnd9an not ttu•pro9r. D. Tha AnapMfoa "I hove all of the pow= greeted to the AzooLaon in the 0otaff0ljDetwnmtL Alt ofthopmYkI moflhaDedttabtandByLwswhichgreatpawan to dm Ae wWM are iaeespwwad ko them AttWmx G Tho AswaLtim"Deva aU of th a VWAM xamnably neo=wy to haplmmnm . the tnupow oflho ANWWI to btub4vg,but net Rmhcd W, Oto&UowhW I . To pafDrm may as rMuired oy eotnempWaS by It ttadta rho aovanhtg � Daoumrate. 2. To MM14 mMlabltelt mated, tX11A (lo %W* or In pV0 asci adarrn seasa0ablan&v and replellpna govem6tg tha uneftbe ComeoaAm 3, To nam, bn Wtd Muout Amt.mamw brthm putpowaf owidn &WI from the Memban to Dal CDar a%g &nmom aad odea cosh detlned in tba Doftstl n and mato of oolteel[oo, MA to tree ural avow Uta pmgede of Aeaammmte in am MMM of Ste powam end duflmofftAmewioa umtttitael 3 Ruden MGClosky Ch19 10/4/2011 3:58:05 PM PAGE S/014 Fax Server 4, To annl opmatq mniolev4 Memo iuoa0. (Vd4 rapbcq mmise, ' apeuta aad convey theCaefoonArs to ae:Wldeeacwith 0e Otrv®Nt bocw=, • ' S Ta awbrw .by 4d mum tha obl*diane of the Mambwn and the patvhttom of the Govwdng noaomada 6. To rdite MepwdeM omfmmon end Mfdut,xal pesemoet and mm bdn omvice waoage to pmrida for the mahameecq "M% edmkkfttiA Bnloft lnr nPBbln& NP'WW& teaoeBetaanl end laasico of Cmrmoo Arae. end to rarer Imo 117 ottwr aw"exaW ooasirlme wltl tba pugam of t w Amackgoo. teotad4y, bur a A IhnW with rasptcl ro pmfmsiwrl tL R^.- cW Ohba (kmsM Arcs em to dc4. W to Pro °n°e:mue,a cateiapowere anddatkaoftbeAawdMlM reRaad b dmela To at WkW the D=hfc oo and etfy w mtdmeate ff= aad iash,m,eora B. 1b t>tovWa to the oxlent doused oumery by am Bond, arty and all emtdcp=adoWondallGnP-w}JahaniaoWantoltowinfafly offtpTatad9bova R TobarmVrmomymdtoohldnnab 800adegeelenematuytomafetah repatr sad rapin the Cou Ana In uoordaoeewltb tba Dwiatmios eod, rsawAfty far any such loon, to coIIamay aWtp the AC904 ower)& to roRxt sad aaftmo Aruameota ievtad brmapmpofeofeePgitegenyeerbbau �• ; 10. NCWUl andb9 6316htt aeehiaed bnelo to the WWrtty, tha Anudetbd ehait be xa pored to okek the approval (at a duly cmW mwti esj u (Nrmbme ed whkh a ,pwmm fa proud) of ma* im Off a (IM) of at hdambatr of 06 Aacodtltoa Prior to Ilea RrOWK=9 oflodooaradbythe AmdutionfortbopmpoeaofIft,erme kV. 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Ttm oma of ury kW prooeedhW k tWW by the ANQC*LiDA wbM we not inatedal la Um aet bove mepttons"I bB8nrooedby the Amdslen ally wlm mortar tbal are 00100A 61' Utst POUND 00by 6paa1al Aasmat WCI) And Ute Am)clniona%H notbormw money, tre tram° hods, Of nec mnnkr mtleottd foroMwAmalaUon aUpdom 11. To opmetq mrfttatq and mamip tba krfim Wets Wd S= wau Mane&ennd 8y*m fn a mmm ooeWruat with am mg» trematda ofthe rFWXD Pamdt (ea dcfitted ie lo Declaration) and W1lwble tufa, to OWg in the anbmomat oftbe D"reUon'a prorla6oar nlaU4 to Um ee@m Wats and Mona VNK MtTttt u"m R)M. add to bvy and 6asiioo Wad �tba i A elgnm:eyalnM Owmm IT gm cost of omh4=once sad opmatl od of The Maaagmmt ft tem Tho gteWDdim of t7mlbms of Ru Aa oiWon, 0% n=w of thdr adminba to numkm6tp6 tho taaaaot of the toamiastica of Toch membaabip and tlw mart, of.utba by Membare slallbe as Dhows; A. 1lndi not time a the Fre deed of 0envoya},oe of a now llomDeokirm to an Omen Is movdaimr0npal the Pam Remnds of the Cosmry ("per '7. Fr smmhasWp of the ATreeMlbn -AM ba oompima WI* of IlaotmmL UdU tho Phot Caevaymeq Dtnlsmt dull be adWei to mo the o0e (1) and a,Hy vat►oh tit Madero rcquk4 a Toteorlle aemheuldp, 13_ UP" the FLT1 Coov021104 DMIUW shell ba it Manka as to ®eh of tta . reaielning I.oL eK3 ueh mab ]4i A o0aveyod to &M%V Owner, and thaatq= and offafin i 6e0h sad °very OWWP bdlb8 Dadormt as to Cott owned by becluaol. OW Its a MMber w d Oweie all oftbarWm and VMftas oft Memhan mtabtpC by HMambft'sl* la tie Aawdatton br Dwnm abs tbn Dalwattt tied be rewsd� of On tho neap QW� or fm ala@ta tKo to a to es wi mmd by the - UTbtoaLollTaogldtTdbyooavvm&oe ianamm pq dm COX Um llacetdsofitm q oft Vf�e:e . iWwftmxgdavLgjulMiddewaeaotbcwjmftpwmUwDoOlwto* unud by d of giWAY &Kuk ll, EImbIAA "Mi be aMCE9analest or CUM ouch O AhW ddhw a ftm copy ofa acodoror Orbs 1rn411DIWt ofatobbiritwnefihle to Ike Aasoclatbn D. 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On do ramam D aoahelofthaAmciodanmddxtaat lowthafaMembue, tavShdb�g Dataroet, a'haIl huatme tmjorllyoftbe Uoar1 IL Tho dadgaodoa of diffoft olmu of membaablp are for pmpom of tat*Ibhhg the cumber of votes app9wblo to oatab Let; and aotbfng hale alarI ba donood to roq*m Vale" otlurwke schly by en ladivtdosl* an my mwarvblobreq the veloofMmubaa, y QovaWams bonmedL F. 140 mmtba may eadgo, Twpommea or tww%r in day m mat we or bar mm%mftp bhtba AmcWba m wpt a an aplwtweaoe to Sffi arba3aL 0. Airy Member who coavays or baa tido to a las by sales HY4 delb%ba0.uest, welskit=cofodwwtan/5mu,lmandw*epomeachmpyayanaatoSoraofth]e,mIongar be a Mamba wbb roapeat to amh Lot oed stma Saw an elgtia mtd ptfvlhgea of a Mwea rmu86u Sam oenaem¢ and Lot H. Thom aWdl be any ode (f) raft far eeab Lol, aoospt Cu the Clara B Mmrba as { , eetlbtfhhmeio.Itthmebtmmthtmona(I)mamDarvkphreapeeftoaLatuarnutot/hatFe I ! 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Wha ddlbea tpowd to pmsca, ft pedaa dmiprled im a ITMIYO (at ddaed io 1hPBydmo) etywd by eidts spayse romy cost at,o rat votq whm wffapb y Pmxr L Wk%14 dwool rot,T prior w$tm IDSae b the convmyto Jho AoeoAdw by GM otbv spwo or the Jm*wtioa-afadMkoot Yroxyby ft odwspuao, ill ttm wmt 9fpobt Wlhnm IDtioab Tte matrmy m Ow Aaeoaetioa or the 8odytrloa of a diR4gd ;Ytary by OM otMa apoac4 the voteofoatd i.ottdnll twtbaaonetdaed,lrnebsa aomnt for itospoeca oY mtobtiehbtg sttuorvea. 7. Agaon®sbaM mnopiprnaao awhied m aer 4t kartthbtypormM (3095}of tDn total aambmafvota ofthr Membsra AA77CLA vi 1= no two 9tr wblob fide Atwc4Gom L to most "t o pmpdmt 1, the Moot of dtrmhdon of the Anmdgtot OMM um ig itvtodaoC9, Omar Gm tkowd m a rampw os aomolidaft a9 of the stoma of %a Artodetbe WMa be oo wqM to a fhmW hombMt ma asmatadoa.cr a pabad OAMCV Win a dmMw Fwpaaq ar aq ldemtet mW petlSom tba opptopatmdoll mll mtat ofthe awe ofpWWda for the tgpobdtard oforpoeSvmto¢ug&We OWN of ibe dhooived Awdsmlom 4W to plaprtim ht the pkoo erd herd of the dtwolved Atao*Aion mg to tad® Sikh pcovidom a IW be ne uuq ft ma aoolkued mmap rnow of theafl$.`te oftbattiaeoivoi AdemefMirt and pa paopaSYa. fa the a -W of the AMPIAZiom4 fmoimmlon, dbmbdton. or Sod Agaldaltnn, rho mpoantbaLy for Gr oporiOn ad rmafettwmm of rte 8ur&m Wdu rut Storm prim Sod VAC mod b spm by ae a f>»w�ura�rmWbkb ut DM (Wwhmmn pdw to to* (modes n, & mkttoq m Lkamotm ARTICLE VII IDK*RP4RATOR 7MtMtmeadttfldreaaofEaalaeoepomldrnfpr�oAtfklaaara: ThometU.i.mtdtvl,t85 N.B. MIf Avnet, Snile 14)4, Thttey Beeab, itL 33489, ntamrw Ruden MCCloeky Gh15 10/0/2011 9i58t05 PM PAGE 10/014 Fax Servet AR77QE VDI Tka affata of the AmaWfm shal ha vmruam by tba rrmMW of the Avodeaien, Areafrlyd by t>ts Vfae PrgM"10, 8acrSW and 'lm=r. eel, N IW. by *,a AsTamt 5etaam(tud) led Mdaaed 7lrtMW t(4 k,,)0emt to the d>m#la's Of dM %Dud. Baaapt far ofbft WK*A Ftior totf bTurnow Date, amcm mmtba Mambaw or the parm% dumm or epabaa afMsnihmtt - M Board sba11 cUd the PDaMM Beerocy gad Tommer, and so meq V(ca Prwl6eotti Aeriaaot B*Wdw* ad AnWAM 3Uuwma Are *a Bead 114 tam tkoe w fhae, dummlaa Us Prvl d "S be "of 6om amomM tka maabetemn of ft Board, kat no _ Dale ofloormad be aDhtedor. The tame peaon rtwy hak twe or mora aPMaq the dut1� o[ wmchsrenat c;poovldrd.lowever,tboof&oofPratdmdArea avkOrtuddewdwi sot be bad 17 ebD earns PM'as, mr slmtf tae ofIlca Qf hMk*ft and secaaq to Aatbtmt gftrdw<yorrrmtarvorAarfttmcTrunmbehD[dbyA*umepaeon. . AR11ta.B IX FM OERCMA Mx name ofdw GM= who we to mama rata d» Brut slsc4on afof&ta by the Board mw Aro ib%a Presidaa Thum D. Lawlaol 1 VleePmsNml D T. Patrbot i 6emYtm}'fSYearar> Nkliolas M Nkbolm i AR77CLBX i ROaan nP I)I aG1YIDe r A. 7lm num6aoSDlroctort on tlm fust Hoard otmedory of dwAatmia&c ('line Baard'7 and the "bkW P CCW Boats" (at 1wdraflar de6aed) da be flies (9). The nm*a of Dbectors elwltd by the Marabam aofmoqum jo the "Doobraot'a Ru*wbe Evan" (aa hs &%M ddn4 tdtti be Haas py Me* lbr Dafttaoiappohaed Dhectoa meelftm rust be Mamb® ortbe prong ddidrmorgousuorwxraoBm%mm ban, oM= Ndirectors of 1N1144m Thom sBattbeonly am(1)vow Busub Dimmer, B. ThonmpndsddmmteoftWPmeomtvlmaminam o4DkeMisonIlea l7rat. . 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If Harbor View Bewm b meuruded As planned, it b eWk%Wed abet d tha7nhhl H(ectlmt Meeilag ffie Cos `A" MoobM ftll oknthe Dhmtam IL 1U Ea Muft AIM be C04d by 92 -auo Goad, whbin slaty (60) d Alta b mobma offer tbm DDaol = ereA emftd to elan a 10 yMem in momrdam wbh Me BYkw; pmvWA }aware; that the Matit� &a be SEAM WbestSatomp4)dr p'ratioeofsaohmotdng P. 7be Board ahem snub= to I'd eo deslgatat and elected, et"mbreryrmt °Ansel Members' heating" (r domes in thollymwe} GL A Director (othK than a VwIm9A epge3drd DlroWarr) teat' be eemoved goer ogiae upm an almmative tat* or the waiatt at itar)t6 g ora nwotgyOf the Voting Idaraeor orM941"eme fXnY rerun d"Vwd toba Inthebrehdmmis oftlN Mmdbme, AmwkWortbe bad loam Mtheemwbralm m rsopres®}IAovPe lam=pbePartedter! (apth6m4)Ouot tIm Mgmsandam-eltpoiated phyatar) shall be Day stab teseL nieU be effeaod Bad o recall elaotion sbAB bobeldr irvppBOAbb, at provided m tar ROA AR IL 7ba rrdgnetlm of it Dbeotor vbo hsw been deoi paW by Dedmmt or tha raofgnatiat of as elfia4r of filo Amoddimt who here ham elated ley the what Bond dmli bs dem w to ends% robe% aagdt, eg* and fawn d mmh Dimetor or *Aim of ard gam XW and all nwnw of eafoOft =aW 0w&4 aft debts, lost' mw of mmmp, aaeevq% "CIM&& borA bat% ppo"Jp, wvenaotg, eotdtecl% agmmtmn% Mwdm% varlsases, trospsdeo. dmtpgee„ Judges eaaauttoae, chins sud dmuuds vvhabowar, ie ttw Or in oVkYj which the AseooW= at lbe Mm$en b4 fav have orad Save or whlab nay pusorim mprmen tfva„ mom, )row or =IF of tba Aspochtm m Me Metabna Tmteager urs, ehaS Or nay have eghut add Dbtulor err OILW Im, upon orgy realm Maar lrtrX+ 9 Ruden MoClosky Ch15 10/4/2011 3:59r05 PM PAGE 12/014 Fax 5&rV®r of w7 tomtm, =am or thhop whmmwm Rom the begtrday of tba world to ibo day of each .=4x n, mwwformr3DkcCter'saaffiavawl06dtrdcovtdortmgreetneglfgerte. AR71MR Jia Bodo gnu scary Dkador ad o0w of Awcktloa ajaioa ell roan, alpewa and laWl UW and appellatc ]eras and per Open Wmdta in muciodfom ot pwnaoWb4 In wldab bw/ to bnomes kcuved by masa of OMQNoflhoAmoda MgodtbtftWigpmt not oath pain Is a Dh cw or amect d Om ti HotwkWaro faY 01a xbovet hr pie Oval of mW e pmvWod im Obb Ankb M sbeit cat be aatamatle mrb ad0eet= end r**meomcM ibrtia nears t bat fracro t of the AiwW*lx4 mW is the avant. adjttdsad PMY ofwillU ademtbdtld.er Weer nq tLe lodsenidallon pmvielotu of" Atliple lulumrifiemioa provided to ttda Ank1a XI abd a0 T*h of irdem RKts 'am to vAikh a D9rodm render steivteormmmog law. the Atweletim dati to bbd=IW by tis Iq fedadIns attoroey ud pamlegat faa at eR eeadlgm a Awwkty tammad by of lmp"bil p oebOfnJ6 arbMaion, IAgAkn Or sdtlmmol his or het babes ea hvft base a flhee/or or aka tar igdmmti8tatka abatl apply whdbu or rte snub mat, mpso n or tlebiky Is fecros d al eaWemmrt, the tndamoi0tatlon ptovisicns and BW applyonly wbmthe Mwdeppmvu . W oMmom of weh relitemai m being to the a Diridor oro&w sdndis that labile u or is figanco, in ZI " nkat 0 1 R risdMher� or be in addilion to and mm pmbuWa of etry sad or alIIa1 of Oa AaaockScre tory be eotl9ed tya w : •tet 7118 Bylaxro shall be adoptodby do PW Bo&A and Umna w may to oliavd, atnonded orarsaiaded in Om mama pmrided ibr im W Bylaws in 9a avad Ofaap coAMm bm wmtba Provtalota OT*A" Ardcla sad the p widDm Offt Ww% tW ptavifona of foes At"so Ebel! oorml A Ptkr to tlm Plat Camry there Amato may be emended only by m ]n lra c OL to mule¢ 04act by Dealmat and Md in Ya Office ofthe &maerymfBMe ortha BtemofPkrlda D. Afm the plat Conve3uM no prbrto tle7UmarrrDtttry tlmeeAnlela>nairbe mandod solely by a maimRy vote of tlt goad, wlmont the Prior tw81a nomad of ttu Mtmben, ata duty eslled t Ift slam Bated. C Mw theTumonrDAkthaa Ad'acts may ba®m" in tbo$Oowingmeow I . C+Y 71m send 1ba6 dqd a aaololka snobs forth the pm➢Otrd aumdmmt and dkectlag that R ba efrmldwl b m vats o< a tbleeNeg of Ilel4istplmm, wbiab they W111111= In n R»dnn MoClonky Ch15 10/4/2011 3;58:05 PM PAGE 13/014 Fax Server be at alther the AwawJ Memoera' Meeting or a speoltd remit. Any timber of ptttpoacd ®endmmis nuy be mbmdpedm the-Mambere and volM up= by tlwm at one (1) maefing. . (b) WhttanoudueeWtim 641tthat¢opoaedumandmeatorAGwnuory of lbe am ;m to be aMated tlteraby 6611 be giv'm to owls Member witbin She thio and U the i arnanrPMWOW In the bylm fbfiba p ring arrestee ofineattege. (e) At stark aading, a vote of the Mcmbera anti be takes on Ota limpored The proposed amendmont(s) 40 be sdaptwi upon rumlvlag the d6rmutivo vote of a =W(y of the total nambor of2dcmbers in the Aseooletioa. 2. An smsffimwR mey be slop it by a w ttea walemant qn lima of a meA��tedbyPUMe ��lM=bmofibBDowdsetdagf[M*ckimmat intention emaad D. ARrs the First Comvaymte, theme Articles may not be anar" without the mines eotmmt cda n*rhy of lhomombe;aof4u Burd, B. Notwitlubtodiag any provlalom of thio Art tole XM to The oanbary, 9teea Molt; 9hd1 net bo attended in any ntanmer which "I ablidg% p4adloo. emend of atter the rlgle+or; (I)POeletsat,vrltWAdiePrix vr4maneomentthemiGbyDcolamakiand(or(Mom uf7ttLuWoW - - MotlBagta" (at taut tam is defined It the Declaatlon) tahlwruthe prim weittenooment of wtdt laWtutivad Mnttgsgse. P. Ne MMstmldWg the fcagobtg mvisiom of ft Amucie XIII m me enuary, no aatotOWM to these Afddm ahelt be edoptted wllch dttt sbddgq pre)tdive, amend or Iter dem ttidO of Deuerant. bwwMeA Int4utting, hit not Ilmltal M. DaaWmes right to deApAs and aeled mmbers of the Pkat Bond or othm'tvLe dealpeta end select D'kwsm ea provided in Arliva X hereof; we "I my a91p tonmdnwnt be adopted or become affa dw vrllbovt tlrc Mor wrifteonaetnafD"k M,- 11 Aju l ImMIoot tmendlag theme Moles *A Maaity the partionlar arliulo or artidae bOing Mcrilad end anti Atwhbt a rautmWAs uw&od to ideaft 4a cmgtdmrot being mtda A =90W tapy of each such ematdaewt ban be Xon:bad to any to tified copy aribeaa Ardcb% tmd a OUR of each ant Amot certlfled by the Saommrg or State shall be recorded IMMOt to PabBo Rtmrds efiho Cetmty, w e �?a.. etil_aa a Jy ►• ._,L t_S:1Lt:_:i�.__et;,at Tba "Mot ttddran of Ste initial wgi9tmed ofRoe of the Aasodatlon is 185 N.13 4th Avenue, Ww 104, Qday Bcaoh, PL 31483, and rho JeAlel rvgirtored a» ofthe Aaaocladon attbat eddrose d" bo Tboatae D. Unclad IN WIINPSS WHEREOF the IMMOretee 1159 heratmto affixed his alp" this 4* day of Weber, 2011. Pt1:e11t21W Il I Auden Mc4lpsky MIS 10/4/2011 3:58:05 PM PAGE l4/014- Pax Sarver 'FILED. 11 oct -y PM I2r 08 TALLAHASSEE OF STATE 1% ice» bmwm :3 ':1^i(•iN M•\�•L,n•\ht.:�...i•Jw.'•r4..�R_w�w+I•y.�1...I WF.JMvM•Mw,y-M.�•W'�1�..•w . . Lw.Yw••-..•n•w.n/-..1.4.4...ulwn.l•.iY-...Y.n^HnM.r��L—�•.�Frw_•.•a�w'-.Y•�•+.-r•.�,wn� �n•W ��....w�r-�...T�. nY.w� t i - i ' 1 1 titan iaedAawicWl t•. f� pu.yL. I ' i .lt. r•• ..5 . t '9 i • •" •p J. '{•i•' 1 •i • • ':1^i(•iN M•\�•L,n•\ht.:�...i•Jw.'•r4..�R_w�w+I•y.�1...I WF.JMvM•Mw,y-M.�•W'�1�..•w . . Lw.Yw••-..•n•w.n/-..1.4.4...ulwn.l•.iY-...Y.n^HnM.r��L—�•.�Frw_•.•a�w'-.Y•�•+.-r•.�,wn� �n•W ��....w�r-�...T�. nY.w� t i - i ' 1 . 1 i 1 f f� I ' i i EXHIBIT "D" BYLAWS OF HARBOR VIEW ESTATES ASSOCIATION, INC. 9179875 BYLAWS OF HARBOR VIEW ESTATES ASSOCIATION, INC. Section 1. Identification of Association These are the Bylaws of Harbor View Estates Association, Inc. ("Association') as duly adopted by its Board of Directors ("Board'). The Association is a corporation not for profit, organized pursuant to Chapters 617 and 720, Florida Statutes. LL The principal office and mailing address of the Association shall be for the present at 185 N.E. 4th Avenue, Suite 104, Delray Beach, Florida 33463, and thereafter may be located at any place designated by the Board. 1.2. The fiscal year of the Association shall be the calendar year. 1.3. The seal of the Association shall bear the name of the Association, the word "Florida" and the words "Corporation Not For Profit.' Section 2. Explanation of Terminology The terms defined in the Articles of Incorporation of the Association ("Articles") as well as in the Declaration of Covenants, Conditions, Restrictions and Easements for Harbor View Estates ("Declaration") are incorporated herein by reference and shall appear in initial capital letters each time such terms appear in these Bylaws. Section 3. Membership; Members' Meetings; Voting and Proxies 3.1. The qualification of Members, the manner of their admission to membership in the Association, the manner of termination of such membership and the voting by Members shall be as set forth in the Articles. 3.2. The Members shall meet annually ("Annual Members' Meeting"). The Annual Members' Meeting shall be held at the office of the Association or at such other place in the County as the Board may determine and on such day and at such time as designated by the Board in the notice of such meeting commencing with the year following the year in which the Articles are filed with the Secretary of State. The purpose of the Annual Members' Meeting shall be. to hear reports of the officers, elect members of the Board (when that shall be appropriate as determined by the provisions of the Articles) and transact any other business authorized to be transacted at such Annual Members' Meeting. 3.3. Special meetings (meetings other than the Annual Members' Meeting) of the Members shall be held at any place within tire County whenever called by the President or Vice President or by a majority of the Board. A special meeting must be called by such President or Vice President upon receipt of a written request from Members having the right to RM8132065:2 vote at least one-third (1/3) of the total number of votes entitled to be cast by Members at any such special meeting. 3.4. Except as otherwise provided in the Articles, a written notice of each Members' meeting, whether an Annual Members' Meeting or a special meeting (collectively "Meeting"), shall be given to each Member entitled to vote thereat at the address of the Home owned by such Owner, or such other address as the Owner shall notify the Association of in writing and shall be mailed to the said address not less than fourteen (14) days nor more than forty-five (45) days prior to the date of the Meeting. Proof of such mailing shall be given by the affidavit of the person giving the notice. Any notice given hereunder shall state the time and place of the Meeting and the purposes for which the Meeting is called. The notices. of all Annual Members' Meetings shall, in addition, specify the number of Directors of the Association to be designated by Declarant and the number of Directors to be elected by the Members, if applicable. Notwithstanding any provisions hereof to the contrary, notice of any Meeting may be waived . before, during or after such Meeting by a Member or by the person entitled to vote for such Member by signing a document setting forth the waiver of such notice. 3.5. The Members may, at the discretion of the Board, act by written response in lieu of a Meeting provided written notice of the matter or matters to be agreed upon is given to the Members or duly waived in accordance with the provisions of these Bylaws. Unless some greater number is required under the Governing Documents and except as to the election of Directors, which shall be accomplished by plurality vote, the decision of a majority of the votes cast by Members as to the matter or matters to be agreed or voted upon shall be binding on the Members provided a quorum is either present at such Meeting or submits a response if action is taken by written response in lieu of a Meeting, as the case may be. The notice with respect to actions to be taken by written response in lieu of a Meeting shall set forth the time period during which the written responses must be received by the Association. 3.6. (a) A quorum of the Members shall consist of Members entitled to cast fifty percent (50%) of the total number of eligible votes of the Members. Limited "Proxies" and general "Proxies" (as hereinafter defined in Paragraph 3.10) may be used to establish a quorum. (b) When a quorum is present at any Meeting and a question which raises the jurisdiction of such Meeting is presented, the holders of a majority of the voting rights present in person or represented by written Proxy shall be required to decide the question. However, if the question is one upon which a vote other than the majority vote of a quorum is required by express provision of the Governing Documents or by law, then such express provision shall govern and control the required vote on the decision of such question. (c) Members may attend any meeting via telephone conference, 3.7. At any Annual Members' Meeting when elections of Directors are to occur, written ballots are to be supplied to Members for such purposes. Members may vote for Directors by Proxy. 3.8. if a quorum is not in attendance at a Meeting, the Members who are present, either in person or by Proxy, may adjourn the Meeting from time to time until a quorum RM:8132065.2 is present with no further notice of such adjourned Meeting being required unless otherwise determined by the Hoard. 3.9. Minutes of all Meetings shall be kept in a businesslike manner and be available for inspection by the Members and Directors at all reasonable times. The Association shall retain minutes for at least seven (7) years subsequent to the date of the meeting the minutes reflect 3.10. Voting rights of Members shall be as stated in the Articles with respect to the election of all Boards other than the First Board. Such votes may be cast in person or by Proxy. Proxies may also be used to vote on other agenda items at meetings at which Directors are to be elected, and may also be used to establish a quorum. "Proxy" is defined to mean an instrument containing the appointment of a person who is substituted in the place and stead of the person or authorized representative of an entity entitled to vote. Proxies shall be in writing signed by the person or authorized representative of an entity giving the same and shall be valid only for the particular Meeting designated therein and, if so stated in the Proxy, any adjournments thereof, provided, however, any proxy automatically expires ninety (90) days after the date of the meeting for which it was originally given. A Proxy must be filed with the Secretary of the Association before the appointed time of the Meeting in order to be valid. Any Proxy may be revoked prior to the time a vote is cast in accordance with such Proxy. 3.11. The voting on any matter at a Meeting shall be by secret ballot upon request of the holders of one-third (1/3) of the votes represented at such Meeting and entitled to be cast on such matter, if such request is made prior to the vote in question. Section 4. Board; Directors' Meetings 4.1. The business and administration of the Association shall be by its Board. 4.2. The election and, if applicable, designation of Directors shall be conducted in accordance with the Articles, Except for Declarant -appointed Directors, Directors must be Members or the parents, children or spouses of Members. 4.3. (a) Any person elected or designated as a Director shall have all the rights, privileges, duties and obligations of a Director of the Association. (b) The term of a Director's service shall be as stated in the Articles and, if not so stated, shall extend until the next Annual Members' Meeting and thereafter until his or her successor is duly elected and qualified or until he/she resigns or is removed in the manner elsewhere provided. 4.4. The organizational meeting of a newly elected Board shall be held within ten (10) days of its election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, Provided the organizational meeting is held directly following the Annual Members' Meeting, no further notice of the organizational meeting shall be necessary; if not, however, notice of the organizational meeting shall be given in accordance with the HOA Act AMAM0652 4.5. Regular meetings of the Board may be held at such times and places in the County as shall be determined from time to time by a majority of the Directors. Special meetings of the Board may be called at the discretion of the President or the Vice President. Special meetings must be called by the Secretary at the written request of at least one-third (1/3) of the Directors. Any such special meeting may be held in the County at such time and place as determined by the Directors requesting such meeting or in such other place as all of the Directors shall agree upon. 4.6. Notice of the time and place of regular and spectral meetings of the Board, or adjournments thereof, shall be given to each Director personally or by mail, telephone or telegraph at least three (3) days prior to the day named for such meeting unless such notice is waived before, during or after such meeting. Any Director may waive notice of the meeting in writing before, during or after a meeting and such waiver shall be deemed equivalent to the receipt of notice by such Director. 4.7 Notice of all Board meetings shall be given to the members in accordance with the HOA Act. 4.8. A quorum of the Board shall consist of the Directors entitled to cast a majority of the votes of the entire Board. Matters approved by a majority of the Directors present at a meeting at which a quorum is present shall constitute the official acts of the Board, except as may be otherwise specifically provided by law, by the Articles or elsewhere berehL If at any meeting of the Board there shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any meeting that takes place on account of a previously adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted. In the case of the adjournment of a meeting, no further notice of the adjourned meeting need be given unless otherwise determined by the Board. Directors may attend meetings of the Board by telephone conference. 4.9. The presiding officer at all Board meetings shall be the President. In the absence of the President, the Directors shall designate any one of their number to preside. 4.10. Directors' fees, if any, shall be determined by the Members. 4.11. Minutes of all meetings of the Board shall be kept in a businesslike manner and be available for inspection by Members and Directors at all reasonable times. 4.12. Meetings of the Board shall be open to all Members on such terms as the Board may determine but at all times pursuant to, and as limited by, the HOA Act. The Board may also hold closed meetings to the extent permitted by applicable law, including, by way of example but not by way of limitation, when the discussion at a meeting is governed by attorney- client privilege. Members shall have the right to participate in meetings with reference to all designated agenda items in accordance with, and as limited by, the HOA Act and any rules and regulations promulgated by the Association. In the event a Member conducts himself/herself 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 may be necessary to accomplish said Member's expulsion. Also, any Director shall have the right to exclude from any meeting of the RA41132065:2 Board any person who is not able to provide sufficient proof that he/she is a Member or a duly authorized representative, agent or proxy holder of a Member, unless said person has been specifically invited by any of the Directors to participate in such meeting. 4.13. Any action required or permitted to be taken at a meeting of the Directors may be taken without a meeting if a consent in writing, specifically setting forth the action to be taken, shall he signed by all the Directors entitled to vote with respect to the subject rtaatter thereof and such consent shall have the same force and effect as a unanimous vote of the Directors, provided, however, whenever assessments are to be considered, they may be considered only at a meeting of the Directors properly noticed in accordance with the HOA Act Section 5. Powers and Duties of the Board 5.1. All of the powers and duties of the Association shall be exercised by the Board. Such powers and duties of the Board shall include, but not be limited to, all powers and duties set forth in the Governing Documents, as well as all of the powers and duties of a director of a corporation not for profit not inconsistent therewith. 5.2. The Association may employ a manager to perform any of the duties, powers or functions of the Association. Notwithstanding the foregoing, the Association may not delegate to the manager the power to conclusively determine whether the Association should make expenditures for capital additions or improvements chargeable against the Association funds. The members of the Board shall not be personally liable for any omission or improper exercise by the manager of any duty, power or function delegated to the manager by the Association. Section 6. Late Fees An Owner who fails to timely pay any Assessment shall be charged a late charge in an amount determined by the Board for such late Assessment. Owners shall be responsible to pay all legal fees (including, but not limited to, attorney and paralegal fees and court costs) incurred in connection with the collection of late Assessments whether or not an action at law to collect said Assessments and foreclose the Association's lien has been commenced. Section 7. Officers of the Association 7.1. Executive officers of the Association shall be the President, who shall be a Director, one or 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 may, from time to time, elect such other officers and assistant officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. One person may hold any two offices simultaneously, except when the functions of such offices are incompatible, but no person shall hold the office of President and any of the following offices simultaneously: Vice President, Secretary or Assistant Secretary or Treasurer or Assistant Treasurer. 7.2. The President shall be the chief executive officer of the Association. He/She sball have all of the powers and duties which are usually vested in the office of the RM:81320652 President of an association or a corporation not for profit, including, but not limited to, the power to appoint such committees from among the Members at such times as he/she may, in his or her discretion, determine appropriate to assist in the conduct of the affairs of the Association. If in attendance, the President ("Chairman") shall preside at all meetings of the Board and the Members; provided, however, that the President may appoint a substitute. 7.3. In the absence or disability of the President, the Vice President shall exercise the powers and perform the duties of the President. If there is more than one (l) Vice President, the Board shall designate which Vice President is to perform which duties. The Vice President(s) shall also generally assist the President and exercise such other powers and perforin 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 as "First Vice President', "Second Vice President", etc., and shall exercise the powers and perform the duties of the presidency in such order. 7.4. The Secretary shall keep the minutes of all meetings of the Board and the Members, which minutes shall be kept in a businesslike manner and be available for inspection by Members and Directors at all reasonable times. The Secretary shall have custody of the seal of the Association and affix the same to instrUrr ents requiring such seal when duly authorized and directed to do so. The Secretary shall be custodian for the corporate records of the Association, except those of the Treasurer, and shall perform all of the duties incident to the office of Secretary of the Association as may be required by the Board or the President. The Assistant Secretary, if any, shall perform the duties of the Secretary when the Secretary is absent and shall assist the Secretary under the supervision of the Secretary. 7.5. The Treasurer shall have custody of all of the monies of the Association, including funds, securities and evidences of indebtedness. The Treasurer shall keep the assessment rolls and accounts of the Members and shall keep the books of the Association in accordance with good accounting practices and he/she shall perform all of the duties incident to the office of the Treasurer. The Assistant Treasurer, if any, shall perform the duties of the Treasurer when the Treasurer is absent and shall assist the Treasurer under the supervision of the Treasurer. 7.6. The compensation, if any, of the officers and other employees of the Association shall be fixed by the Board. This provision shall not preclude the Board from hiring a Director as an employee of the Association or preclude contracting with a Director or a party affiliated with a Director for the management or performance of contract services for all or any part of Harbor View Estates. Section 8. Resignations Any Director or officer may resign his or her post at any time by written resignation, delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the resignation shall be effective from such date unless withdrawn. The acceptance of a resignation shall not be required to snake it effective. The conveyance of all Lots owned by any Director or officer (other than appointees of Declarant) shall constitute a written resignation of such Director or officer. M8132065:2 Section 9. Accounting Records; Fiscal Management 9.1. The Association shall prepare financial reports and maintain accounting records in accordance with the IiOA Act. The accounting records of the Association shall be open to inspection by Members and Institutional Mortgagees or their respective authorized representatives at reasonable times and in accordance with, but subject to the limitations of, the IiOA Act. Such authorization as a representative of a Member must be in writing and signed by the person giving the authorization and dated within sixty (60) days of the date of the inspection. Such records shall include, but not be limited to: (i) a record of all receipts and expenditures; (ii) an account for each Lot within Harbor View Estates which shall designate the name and address of the Owner thereof, the amount of Individual Lot Assessments and all other Assessments, if any, charged to the Lot, the amounts and due dates for payment of same, the amounts paid upon the account and the dates paid, and the balance due; (iii) any tax returns, financial statements and financial reports of the Association; and (iv) any other records that identify, measure, record or communicate financial information. 9.2. The Board shall adopt a Budget (as defined and provided for in the Declaration) of the anticipated Operating Expenses for each forthcoming calendar year (the fiscal year of the Association being the calendar year) at a special meeting of the Board ("Budget Meeting") called for that purpose to be held prior to the end of the fiscal year preceding the year to which the Budget applies. Prior to the Budget Meeting, a proposed Budget for the Operating Expenses shall be prepared by or on behalf of the Board. Within thirty (30) days after adoption of the Budget, a copy thereof shall be furnished to each Member, upon request, and each Owner shall be given notice of the Individual Lot Assessment applicable to his or her Lot(s). The copy of the Budget, if requested, shall be deemed famished and the notice of the Individual Lot Assessment shall be deemed given upon its delivery or upon its being mailed to the Owner at the address of the Home owned by such Owner, or such other address as the Owner shall notify the Association of in writing. 9.3. In administering the ftnaoces of the Association, the following procedures shall govern: (i) the fiscal year shall be the calendar year; (ii) any monies received by the Association in any calendar year may be used by the Association to pay expenses incurred in the same calendar year, (iii) there shall be apportioned between calendar years on a pro rata basis any expenses which are prepaid in any one calendar year for Operating Expenses which cover more than such calendar year; (iv) Assessments shall be made quarterly in amounts no less than are required to provide funds in advance for payment of all of the anticipated current Operating Expenses and for all unpaid Operating Expenses previously incurred; and (v) items of Operating Expenses incurred in a calendar year shall be charged against income for the same calendar year regardless of when the bill for such expenses is received. Notwithstanding the foregoing, the Assessments for Operating Expenses and any periodic installments thereof shall be of sufficient magnitude to insure an adequacy and availability of cash to meet all budgeted expenses in any calendar year as such expenses are incurred in accordance with the accrual basis method of accounting. 9.4. Individual Lot Assessments shall be payable as provided in the Declaration. aM1132065:2 9.5. No Board shall be required to anticipate revenue from Assessments or expend funds to pay for Operating Expenses not budgeted or which shall exceed budgeted items, and no Board is required to engage in deficit spending. Should there exist any deficiency which results from there being greater Operating Expenses than monies from Assessments, then such deficits shall be carried into the next succeeding year's Budget as a deficiency or shall be the subject of a Special Assessment or an upward adjustment to the Individual Lot Assessment. 9.6. The depository of the Association shall be such bank or banks as shall be designated from time to time by the Board in which the monies of the Association shall be deposited. Withdrawal of monies from such account shall be only by checks signed by such persons as are authorized by the Board. 9.7. A report of the accounts of the Association shall be made annually by an accountant and a copy of the report shall be famished to each Member who requests same in writing no later than the first day of April of the year following the year for which the report is made. The report shall be deemed to be furnished to the Member upon its delivery or mailing to the Member at the address of the Home owned by such Member, or such other address as the Member shall notify the Association of in writing. Section 10. Rules and Regulations The Board may at any meeting of the Board adopt rules and regulations or amend, modify or rescind, in whole or in part, then existing rules and regulations for the operation of Harbor View Estates; provided, however, that such rules and regulations are not inconsistent with the terms or provisions of the Governing Documents. Copies of any rules and regulations promulgated, amended or rescinded shall be mailed or delivered to all Members at the last known address for such Members as shown on the records of the Association at the time of such delivery or mailing and shall not take effect until forty-eight (48) hours after such delivery or mailing, or, in the event both forms of notification are used, whichever is later. Section 11. Parliamentary Rules The then latest edition of Robert's Rules of Order shall govern the conduct of all meetings of the Members and the Board; provided, however, if such rules of order are in conflict with any of the Governing Documents, Robert's Rules of Order shall yield to the provisions of such instrument. Section 12. Roster of Owners Each Owner shall file with the Association a copy of the deed or other document showing Ids or her ownership of a Lot in Harbor View Estates. The Association shall maintain such information. The Association may rely on the accuracy of such information for all purposes until notified in writing of changes therein. Section 13. Amendment of the Bylaws 13.1. These Bylaws maybe amended as hereinafter set forth in this Section 13. RM:8132M2 13.2. After the Turnover Date, any Bylaw of the Association may be amended or repealed, and any new Bylaw of the Association may be adopted by either: (i) a majority vote of the eligible Members at any Annual Members' Meeting or any special meeting of the Members called for that purpose or by majority action of the eligible Members who have acted by written response in lieu of a Meeting as permitted by these Bylaws; or (ii) by the affirmative vote of a majority of the Directors then in office at any regular meeting of the Board or at any special meeting of the Board called for that purpose or by written instrument signed by all of the Directors as is permitted by these Bylaws, provided that the Directors shall not have any authority to adopt, amend or repeal any Bylaw if such new Bylaw or such amendment or the repeal of a Bylaw would be inconsistent with any Bylaw previously adopted by the Members. 13.3. Notwithstanding any of the foregoing provisions of this Section 13 to the contrary, until the Turnover Date, all amendments or modifications to these Bylaws and adoption or repeal of Bylaws shall only be made by action of the First Board as described in the Articles, which First Board shall have the power to amend, modify, adopt and repeal any Bylaws without the requirement of any consent, approval or vote of the Members. 13.4. Notwithstanding the foregoing provisions of this Section 13, there shall be no amendment to these Bylaws which shall abridge, prejudice, amend or alter the rights of: (i) Declarant, without the prior written consent thereto by Declarant; or (ii) any Institutional Mortgagee (as said term is defined in the Declaration) without the prior written consent of such Institutional Mortgagee. 13.5. Any instrument amending, modifying, repealing or adding Bylaws shall identify the particular section or sections affected and give the exact language of such modification, amendment or addition or of the provisions repealed. A copy of each such amendment, modification, repeal or addition attested to by the Secretary or Assistant Secretary of the Association shall be recorded amongst the Public Records of the County. Section 14. Mediation Pursuant to the HOA Act, mandatory mediation before the Department of Business and Professional Regulation ("Department') shall be required prior to institution of court litigation for disputes involving certain actions or inactions, as described therein. Section 15. Recall of Board Members and Election Disputes Pursuant to the HOA Act, mandatory binding arbitration before the Department shall be required for election disputes and disputes involving the recall of any member of the Board. Any member of the Board may be recalled and removed from office as provided for and described in the 110A Act. R6L8132a65.2 Section 16. Interpretation In the case of any conflict between the Articles and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control; and in the event of any conflict between the Articles and the Declaration, the Declaration shall control. Section 17. Notice and Hearing Procedure. hi those instances which specifically provide an Owner the right of Notice and a Hearing, the following procedures and provisions shall apply: A. Notice. The Association shall notify the Owner in writing of the noncompliance and set forth the corrective action to be taken. A fine or suspension of use rights may not be imposed without notice of at least fourteen (14) days to the Owner sought to be fined or suspended and an opportunity for a hearing before a committee of at least three (3) members appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director, or employee of the Association. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not he imposed. At the Association's option, any fine may be levied on a daily basis in the event of a continuing violation without the necessity of a new hearing and without any limitation on the amount of such fine. B. Hearing. Should the Owner still be in noncompliance, the noncompliance shall be presented to the Board after which the Board shall hear reasons why a fine should or should not be imposed. A written decision of the Board shall be submitted to the Owner, as applicable, not later than twenty-one (21) days after said meeting. C. Payment. A fine shall be paid not later than thirty (30) days alter notice of the impnsition of the fine. D. Fines. A fine shall be treated as an Assessment subject to the provisions of the collection of Assessments as otherwise set forth herein. All monies received from fines shall be allocated as directed by the Board, subject always to the provisions of the Declaration. E. Failure to Pay Assessments. Notice and Hearing as provided in Subparagraphs A and B above shall not be required with respect to the imposition of suspension of voting rights or fines upon any Owner because of such Owner's failure to pay Assessments or other charges when due. The foregoing Bylaws of Harbor View Estates Association, Inc. were adopted by the Board of Directors as of the date of filing of the Articles oflncorporation for the Association. aM:6132065:2 10 EXHIBIT "E" SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT TO BE ATTACHED PRIOR TO 9479875.4 f'^ CM ro L1 1-U i SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 50-09926-P DATE ISSUED:January 13. 2012 Foam #0391 aeras PERMITTEE: HARBOR VIEW ESTATES, LLC 185 N E 4TH AVE STE 104 DELRAY BEACH, FL 33483 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 6.3 acre residential project known as Harbor View Estates, PROJECT LOCATION: PALM BEACH COUNTY. SEC 9 TWP 46S RGE 43E PERMIT See Special Condition No:1. Pursuant to Rule 40E-4.321, Florida Administrative DURATION: Code. This Is to notify you of the Dis4kt'a agency action concerning Nona of Intent for Permit Application No. 111200.5, dated December g. 2011. Th!a ecllon Is taken pursuant to Rule 40E-1.603 and Chapter 40E-40 , Florida Administrative We (F.A.C.). eased on the Intonation provided, Uter icl rules have been adhered to ani m Errvironmanial Rescurce General Permit Is In effect for this project subject to: 1. Not recelving a Fled request for a Ch spier 120, Florida Slandes, administrative hearing. 2. the attached 10 General Conditions (See Pages 2- 4 of 7), 3. the attached 1e Spedel conditions (See Pages : 5 -T of 7) and 4, the attached 2 Erhlbll(e) Should you objet! to Ihese condllkns, ploaeo refer to the allached rNolfce of RghlC which addressee the procedures to he followed If you dealre a pudic nearing or other review of the proposed agency ection. Please contact this office If you have any questinns concerning this matter, gwe do not hear from you In accordance with the-Natice of RlgMs., wa will assvne that you concur will the District'$aUbn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has boon mailed to the Permittee (and the persons listed In the attached distribution list) no later than 5:00 p.m. on this 13th day of January, 2D12, in accordance with Section 120.60( Flo,riid�a,St//,ules . BY: /1!/cC—`li - ze Ay -a - Anita R. Bain Bureau Chief -Environmental Resource Permitting Regulation Division Page 1 of 7 to 0 Appliceron No.: 11120e -g fu Page 2 of 7 :3 ;3 c0 GENERAL CONDITIONS 2 f• All activities authorized by this permit shall be Implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the rw conditions for undertaking that activity snail constitute a violation of this permit and Pari IV, Chapter 373. w F.S. 1` 2. This permll or a copy thereof, complete with all conditions, otladtments, exhibits, and modifications shall r1v be kept at the work Site of the permitted activity. The complete permit shell be avallabie for review at the "' work site upon request by District staff. The permittee shall require the contractor to review the complete R' permit prior to commencement of the activity authorized by this permit. in F. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State w water quality standards. The permittee shall Implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be Implemented prior to and during constructon, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and maintained at all locations where the possibility of transferring suspended solids Into the receiving waterbody exists due to the ,p permitted work. Turbidity barters shall remain In place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the �-• guidelines and specifications described In Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management p)epartmenl of Environmental Regulation, 1988), Incorporated by eference In Rule 40E-0.091, F.A.C. unless a project-spectfic erosion and sediment control plan le approved as part of the permll. Thereafter the parmfaee shall be responsible for the removal of the barriers. The parmltlee Shall Correct any erosion or shoaling that causes adverse Impacts to the water resources. .v 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date 41 that this permit Is issued. At least 48 hours prior to commencement of activity authorized by this permit, 0 the pernftlee shall Submit to the District an Environmental Resource Permit Construction Commencement 3 Notice Forth Number 0960 Indicating the actual start date and the expected construction completion dale. 5. When the duration of construction will exceed ono year, the permtilee shall submit construction status reports to the District on an annual basis utltizing an annual status report form. Status report forms shall be submitted the following June or each year. 6. Within 30 days after completion of construction of the permitted activity, the permltee shall submit a whiten statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction CompletlonrCartlficatlon Form Number 0881A, or Environmental Reseurce/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Forth No. 08818, Incorporated by reference In Rule 40E-1.659, F.A.C. The statement of completion and certification shell be based on onsite observation of construction or review of as-bullt drawings for the purpose of determining it the work was completed In compliance with parmil ed plans and specifcatlons. This submittal shall serve to notify the District that the system Is ready for Inspection. Additionally, if deviation frau the approved drawings are discovered during the certification process, dna certification must be accompanied by a copy of the approved permit drawings with deviations noted, Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as 'as -built" or "record" drawings. All surveyed dimensions and elevetlals shall be certified by a registered surveyor. 7• The operation phase of this permit shall not become effective: until the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase. Form No. 0920; the District determines the System to APP11callm No.: 111209$ Page 3 of 7 GENERAL CONDITIONS be In compliance with the permlited plans and specifications; and the entity approved by the District In accordance with Sections g.0 and 10.0 of the Basis of Review for Environmental Resource permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following Inspection and approval of the permitted system by the District, the permittee shall Initiate transfer of the permit to the approved responsible oparefing entity if deferent from the permittee. Until the permit ie transferred pursuant to Section 4012-1.0107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. e• Each phase or Independent porton of the permitted system must be completed In accordance with the permitted plans and permit conditions prior to the Initiation of the permitted use of site Infrastructure located within the area served by that portion or phase of the system. Each phase or Independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or dead restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local govemment entity. Failure to submit the appropriate final documents will result In the permltt a remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shat notify the District In writing of the changes prior to implementation so that a determination can be made whether a permit modification Is required. It. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the star of arty activity approved by this permit. This permit does not convey to the permittee or create In the permittee any property right, or any interest in real property, nor does t authorize any entrance upon or activtles on property which Is not owned or controlled by the parmetee, or convey any rights or privileges other than those specified In the permit and Chapter 4CE-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. stales that a person may not commence any excavation, construction, or other activity Involving the use of sovereign or other lands of the State, the title to which Is vested In the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the parmlttes Is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permltee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20,302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shell hold and save the District harmless from any and all damages, claims, or liabilities ii Applkeecn No.: 111209-a Page 4 OFT GENERAL CONDITIONS which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a welland or other surface water submitted as part of the parmit application, Including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F,S., provides otherwise. 16. The permittee shall notify the District In writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system Is located. All transfers of ownership or transfers of a permit arta subject to the requirements of Rules 40E-1.6106 and 40E-1.0107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prier to the sale, conveyance or other transfer of the system. IT. Upon reasonable notice to the permittee, District authorized staff with proper Identification shall have permission to enter, Inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit 19. If historical or archaeological artifacts are discovered at any time on the project site, the pernittee ahaN Immediately notify the appropriate District service center. 19. The parmlitee shall Immediately notfy the District In writing of any previously submitted information that Is later discovered to be inaccurate. Appiimlim No.: 111204-8 Peoe s 017 SPECIAL CONDITIONS 1 The construction phase of this permit shall expire on January 13, 2017. 2. Operation of the surface water management system shall be the responsibility of PERMITTEE. 3. Discharge Facilltles: 1-2' WIDE SHARP CRESTED weir wfth crest at elev. 73 NGVD 29. 1-25' dia, CIRCULAR ORIFICE with Invert at elev, 3' NGVD 29. Racelving body: Intracoastal Waterway Central elev ; 2 feat NGVD 29, 4. 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. 5. Measures shall he taken during construction to insure that sedimentation and/or turbidity violations do not occur in tine receiving water. 6. 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 be necessary. - r. Facilities other than those stated herein shall not be constructed without an approved modification of this Permit. e A stable, permanent and accessible elevation reference shell 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. a• The pernittes shall provide routine malydenance of all of the components of the surface water management system inorderto remove all trapped sediments/debris. All materials shall be property disposed of as required by law. Failure to property maintain the system may result In adverse flooding conditions. 1e. 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 the completed surface water management system occur, the District will require the permittee to provide appropriate mitlgathn lathe 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. 11. The permiftee acknowledges that, pursuant to Rule 40E-4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implementa, dugout conaes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance In the Immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (860) 245-6333 or (800) 847-7276, as well as the appropriate permitting agency office. Project activities should not resume without verbal andlorwrlttelt authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop Immediately and the proper authorities notified Applimiion NO.: 111209-6 Pegs 6 tN 7 SPECIAL CONDITIONS In accordance with Section 872.05, Florida Statutes. 13. Minimum building floor elevation: BASIN: Site - 12.00 feel NGVD 29. 14. Minimum road crown elevation: Basin: Site - 8.00 feet NGVD 29. 15. Manatee exclusion grates shall be placed across the openings of existing or proposed culverts or pipes that are greater than eight Inches but smaller than eight feet In dlameler in accordance with Exhibit No. 2, Pages 1 and 2, The installation of grates applies to any submerged or partially submerged pipes and culverts accessible to manatees during any tidal phase. Permittee shall keep all grates free and clear of debris. 16. SIR screens, hay bales, turbidity screens/barriers or other such sediment control measures shall be Utilized during construction. The selected sediment control measures shall be Installed prior to the commencement of construction in or adjacent to other surface waters In accordance with the Pollution Prevention Plan depicted on Exhibit No. 2 and shall remain in place until all adjacent construction is completed. All areas shell be stabilized and vegetated Immediately after construction to prevent erosion Into the surface waters. 17. Endangered species, threatened species and/or species of special oorcam are known to occur in the project vicinity and the project contains suitable habitat for these species. It shall be the permltteWs responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission andfor the U.S. Fish and WltdBfe Service for appropriate guidance, recommendations and/or necessary permits to aVoid impaUa to listed species. 18. The permittee shall comply with the following conditions intended to protect manatees and marine turtles ty from direct project effects: :V (+ a. All personnel associated with the project shall be Instructed about the presence of marine turtles, 4 manatees and manatee speed zones, and the need to avoid coll(sions with and injuries to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for haring, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while In water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible, c. Siltation or turbidity barriers shall be made of material In which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee and marina turtle entanglement or entrapment. Barriers must not Impede manatee movement, d. A4 on-site project personnel are responsible for observing water -related activities for the presence of marine turtles and manatee(s). All In -water operations, Including vessels, must be shutdown if a marine turtle or manatees) comes within 50 feel of the operation. Activities will not resume until the ardmal(s) have moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collislon with or Injury to a marine turtle or manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or Injury should also be reported to the U.S, Fish and Wildlife cn ' s, f!i Appkabon No.: 11120" :7 Page 7 of 7 tb SPECIAL CONDITIONS tx Service In Jacksonville (1-904-232-2580) for north Flodda or Vero Beech (1-772-582-3909) for south Florida. U h° f. Temporary signs conceming manatees shall be posted prior to and during all In -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved forthis use by the Florida Fish and Wildlife Conservation Commisslon (FWC) must ") be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be ` posted. A to second sign measuring at least 8112" by 11' explaining the requirements for "Idle Speed/No Wake" and the shut down of In -water operations must be posted In a location prominently visible to all personnel r+ engaged In water -related activities. 1'J As required by Sections 120.569(1), and 120.60(3), Fie, Stat., following Is notice of the opportunities which may be available for administrative heading or Judicial review when the substantial Interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial Interests are or may be affected by the South Florida Water bbriagement District's (SFWMD or District) action has the fight to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing an a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla, Stet.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373,119(1), Fla, Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or Intends to take final agency action. Any person who receives mitten notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that declslon. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Cierk may be made by mall, hand -delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing Is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters In West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shat be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand -delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, It will be necessary to request the SFWMD's security officer to contact the Clerk'e office. An employee of the SFWMD's Clarks office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682.6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla, Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a dominant filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev. 0710112000 qi n nr eY ix. Initiation of an Administrative Hearing Pursuant to Rules 28-106,201 and 28.106.30f, Fla, Admin. Code, initiation of an administrative hearing ` shall be made by written petition to the SFWMD in legible form and on 8 and 112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, applice6on number, District file number or any other SFWMD identification number, if known. z. The name, address and telephone number of the petitioner and petitioners representative, if any, 3. An explanation of how the petitioner's substantial Interests will be effected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision, 5. A statement of all disputed issues of material fact. If there are none, the petition must so Indicate. 6. A concise statement of the ultimate facts alleged. Including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the pelilloner contends require reversal or modification of the SFWMD's _ proposed action. ` 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts rolato to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take wah respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving as consulted with all other parties conceming the extension and that the SFWMD and any other parties agree to or oppose the extension, A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pu,suant to Rule 28.106.111, Fla. Admin. Code, unless olherxise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Shat, and Rules 28-106.111 and 28-106.401•.405, Fla. Admin. Code. The SFWMD Is not proposing medlelion for this agency action unde� Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.66, Fla, SWI., a party who is adversely affected by final SFWtM action may seek judicial review of the SFWMD's final decision by Bing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appefale district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 3G days of rendering of the final SFWMD action. Rev. 07101120139 eKp�etaff 4eportrd7 N W iA. Last Date For Agency Action: February 7, 2012 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT h, rW Project Name: Harbor View Estates L.0 Permit No.: 50.09926-P la Application No.: 111209.6 Q Application Type: Environmental Resource (New General Penult) r., fJ Location: Palm Beach County, S91T46SIR43E Permittee : Harbor View Estates, LIC Operating Entity: Perndttee Project Area: 6.30 acres ti • • Project Land Use: Residential rw Drafnage Basin: INTRACOASTAL WATERWAY Recelving Body: Intracoastal Waterway Special Drainage District NA Conservation Easement To District ; No Sovereign Submerged Lands: No r ;1 ru This application is a request for an Environmental Resource Permit to authorize construction and operation of a surface water management system to serve a 6.3 acre residential development known as Harbor View Estates, App.no.: 111208.6 Page 1 of 6 erp>_staff TeportrcYi 0 fJ :I :I EG iL PROJECT EVALUATION: 4 The site is located west of SR A •.; IA, approximately 0.17 miles nosh of George Bush Blvd. (NE 8th Street) In the Town of Gulfstream, Palm Beech County. The project site was a previously developed residential w site with existing drainage via an outfall Into the man-made canal -boat basin located west of the residential slte, and which connects to the Manila Intracoastal Waterway, Class III waters The proposed fl7 new outfalls will be installed south of the existing outfall In the seawall on the east end of the canal. G W �N Two separate No -Notice General Permits, Application Numbers 110617-10 and 110919-1, were submitted for this site under the name of Spence Parcel 6 Lot Development. The project design has been changed and this application for a Standard Permit was submitted. This application Is a request to authorize construction and operation of a surface water management system to serve a 6,3 acre residential development known as Harbor mew Estates. The proposed surface water management system for the Harbor View Estates development will consist of inlets, culverts, and dry detention areas which WE provide water quality treatment prior to discharge to the existing boat basin through a proposed control struciure. The control structure will consist of a 3 -Inch diameter bleeder and a weir wall a crest elevation of 7-5 feet NGVD. As offsite areas currently drain onto the property, the applicant is also proposing to construct a separate system to serve these areas. The surface water management system will be designed to treat adjacent `-' flows from the north and south and will consist of Inlets, culverts, and exfiltrallontrench with a separate oulfall to the Intracoastal. Construction: Project Total Project Building Coverage ,77 acres Pavement 1.50 acres Pervious 4.03 acres Total: 6.30 Discharge Rate : The appllcanfs engineer submitted calculations to demonstrate that post -development discharge for the 25 -year 3 -day design event will not exceed existing conditions. App.no.: 11120x.6 Page 2 of 6 erP� etati 'repon.nlf i1 :u :J :7 f7 tt M Finished Floors : As shown in the following table and the attached exhlbils, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Building Storm Frequency: 100 YEAR -3 DAY Basin Peak Starve (ft, NG1i She 11.92 Road Design; Design Rainfall Proposed MIn.Finished Floors ( ft, NGVD 29) 20 Inches FEMA Elevation ( ft NGVD 29) 7 As shown In the following table and the attached exhibits, minimum road center Ines have been set at or above the calculated design storm flood elevallon. ,u Road Storm Frequency: 5 YEAR -1 DAY Design Rainfall: 9 Inches •' Basin Peak Stage Proposed Min. Road Crown ( ft, NGVD 29) ( tt, NGVD 29) Site 7.73 g Control Elevation Basin Area Ctrl Elov WSWT Ctrl Elev Method Of (Acres) ( lit, NGVD 29) (R, NM 29) Determinatlon !„ Site 6.30 2 2.00 - Wet Season Wtr Table Contour Map Offsite 2.50 2 2.00 Wet Season Wtr Table Centaur Map Receiving Body: Basin Str.9 Receiving Body Site C-15 (OnS Intracoastal Waterway Discharge Structures: Note: The units for all the elevation values of structures are (ft, NGVD 29) Bleeders: Basin Strlt Count Type Width Height Length Dia. Invert Invert Elev. Site C-15 (On 1 Clmular Or fits An le 25' Sitej 3 Weirs: Basin Strx Count Type Width Height Length Die. Elev. Site C -15(O r cH<i 1 Sharp Crested 2' 7.5 (asst) Water quality for the onsite runoff well be provided In the dry detention areas. Water quality for the offslle runoff will be provided In exilltration trench. The project includes a pollution prevention plan, as depicted on Sheet 5 of 5 on Exhibit 2. The plan Includes a turbidity curtain to be placed in the canal at the location of the proposed outfalls, as well as slit App.nc. , 111209-6 Page a or a ery�etaMlepatrtlf' 11 N .Y ro Sl r1 fencing and other sediment containment measures for work on the uplands w w cd Basin Treatment Method Vol Req.d Vol (ac -ft) Prov'd L Site Treatment Dry Detention .53 .53 «� Offsite Treatment Exfiltratlon Trench .31 .31 f0 Other than the canal, there are no wetlands or other surface waters affected by the proposed project, �U The tidal canal at the project site contains habitat for aquatic or wetland -dependent endangered or threatened wildlife species or species of special concern, although none were observed at the site. The canal where the outfalls will be installed Is accessible to the West Indian manatee, listed as endangered, and to marine turtle species which are listed as endangered and threatened. Therefore, the permit requires that the applicant otxnply with the standard manatee and sea turtle construction conditions, and ry that manatee exclusion grates be Installed on the ince of the existing and proposed outfalls. This permit does not relieve the applicant from :complying with al applicable rules and any other agencies' requirements if, in the future, andargeredtthreatened species or species of special concern are discovered on the site. it is suggested that the permittee retain the services of a Professional Engineer registered In the Slate of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of consmx ffon completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Revlaw for Environmental Resource Permit Applications within the South Florida Water Management Distract, and Rule 40E-4.381(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter40E-4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system Is submitted to and accepted by this District. Rule 40E-4.321(7) F.A.C. stales that failure to complete canstructlon of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless e permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.8107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the System Is periodically ma4dalned. A significant reductlon In flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity Is compromised, flooding of the project may result. Maintenance of the SWM system Is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have perlodic Inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If de0cienclas are found, it is the responsibility of the permittee 10 correct these deficiencies in a timely manner, App.no.: 1112096 Page 4 of 6 eep! staff_raport. rdf ri 7f 7 (D CL RELATED CONCERNS: Water Use Permit Status: Q The applicant has indicated that public water supply will be used as a source for Irrigation water for the project. 41 The applicant has Indicated that dewatering Is requlrad for construction of thls project. Application No. fes, 111219-14 was sobmltted. The proposed dewatering was determined to qualify for a No -Notice General Permit. r� to This permit does not release the permates from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, Including construction dewatering and Irrlgation. CERP: .'� The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component, Potable Water Supplier. Town of Gulfstream Waste Water System/Supplier: On-site septic system -n Right -Of -Way Permit Status: A District Right -of -Way Permit Is not required for this project. ORI Status: This project Is not a DRI. HistoreallArcheological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that no significant archaeological or historical resources are recorded in the project area and therefore is unlikely to have an effect upon any such properties. DEOICZM Consistency Review: The Issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this appllcatlon. App.ne.: 111269-5 Page 5 orb erp�,slaff Teport.rdF i; c 7 i is srAFF REVIEW: r.. DMSION APPROVAL: rN q� NATURAL RESOURCE VANA91EMENT. Y.7 J Berbera JJ. Conmy SURF W R ANAGEMENT; Carlos A. do Rojas, P.E. L App.no.; 11120M Pape 0 or 6 DATE:la-ii), DATE:—//17—/12- 9. i KOKOMO KEY LN ALLEN AVE �I { 2 — S ROYAL PALM BLVD " Project Location j,.EASTVIEWAVE �1 AVE L m LL S LAKEAVE 4+ �(, Z% Z =HAMRBOR LVD 1 DENERY LNN OCEAN BLVD J .. N �— BOND WAY 4 YSHORERD a r L� GEORGE BUSH BLVD z p ¢m A J, O . AZ' m R61. 2011 PALM BEACH COUNTY, FLORIDA N Legend ® Application Map Date: 2012-01-10 Application Number. 111209-6 Permit Number; 50-09926.P Sac 91 Twp 461 Rge 43 Project Name; HARBOR VIEW ESTATES 0 750 1,500 Feet Ln is :3 :3 D (1 sTRN•.,°r tlQ[I10T1 'MY9B16 1]IL'1 .M.. - 9X79 IfYB.]Q.1 MR -11 Sw Ina N R tltl tlQY[9YH NiQQ(H ToltP I _ �ele'c"L+•r....—� � '�•{j�� {i�1� —KIK �9 it ' p (+ 1 II I I is I+ e•�r 1 . r p #.1r'rI' I �' !I I I ' I d I!� I!• 1 fl !� t''� do R ! i #.• yl ' i,-+ -Jif fr — ! p k•_ri 91i 'IpA 1 �� 5y� g 14 Ei ' � -'� ! - .: I; I ; �'; - • ' I. !' ' 'eS�Hil SNR Y ; Y� I !� `.:!• II`T!r.��f fl l�r , I' !li ' � 1 � t pq� pC ' r. j ' d �! I1 11 R' A•� ! �, _�.!1�I I Ir-'*��-�:I!! jl• . 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Y=IN jFi�:eyi' Qui ! � E�ib: i6 ilYt'S YnI� IAP9 Y r a pp? p 'gill I�I �6�psEestlAl+Ii t ypL, a@ gC °e[4lYg8el °Q! �i2,EC1 gill !�'bp� AII'i° I 'QYve Pinl9y �6 e Qlaliol I Qe �OyylpPis�Q 'nE� dt r! dd 1.1I 91P., go {dt1ll=°l��eySee ° I�IQ 4�hI I �.•�II pfys.Y Ila. �yi� ¢� Q tltl e• iII �' ' i tl0p�� y yI 5Nt. IC .l6�Q3 aCI.�I� Rp, ! g 0' � 9' Y ;&Y tl 'f nl•U e9 ep1r�!�{tl{¢Qtly 3L§i�4 b1: 11Yrdi°elGii 9iyA�vQg�l�; dp5R�a�?a?��YY�s 1 Ip�p�FlFa A° yQ F�I 'j QeylyYYl,,�. t- !Wr 111. ie �� �7 6l4 Ie eyQ13 i! APPLICATION NO. 111209.6 Page 4 of 5 t;r vardav •wvm Krim N i M Sa D3Nr11 GUVJS7I & a I—�nr I o f p y 1 •1 �M1 slll y .9 d tg 6 } 1 44 6 a n; I � Ig el `i` ey9tlirl� Fig o •F 1 g f=! ptrl;s!lu ��! Yn tr 4 9�gFir F; yljj� all k, y� ��5i13 I!E¢��p{61ii qp all; 3 � C El"lt�ia �!p 8l�tl- �. Y j!,lg�•pi�h a�. ESI � st:asl,�ig:: 1 l! 51hEt j�E!i;;�lil!�if�If IM 14jiliEfiliilll�d.ji f K ;! !i list rp6 fill • i i� ]I it g �•it a ! i� �!!� t,F e y EXRI 2 i • a I j)• '! a �� i � �!F ,- ll�trt Fi! � 9 0 APPLICATION NO.111=4 (I SU STAFF REPORT DISTRIBUTION LIST X Envirodeslgn Associates Inc Brian Becker P M HARBOR VIEW ESTATES App9cation No: 111209-6 w Permit No: 60-09926-P 4J INTERNAL DISTRIBUTION - ra 0 X Caroline Hanes EXTERNAL DISTRIBUTION w ro X Jeffrey Greenfield, Ph.D, P,E. X PermM8s - Hsrbor View Eststes, Llc X Canoe A. de Roles, P.E. X Barbara J. Conmy X Engr Consultant - Envirodesign Assoolates, Inc, X ERC Engineering x ERC Emrrronmerttal GOVERNMENT AGENCIES ,'LI X H. Azlzl X Permit File X Div of Recreation and Park -District 5 - FDEP X Palm Beach County - Environmental Rea Management X Palm Beach County - Health Dept Environmental Health & Engineering X Palm Beach County - Water Utilises Operations Center _ X Palm Beach County School District of Palm Beach ;, County X Palm Beach County Engineer X Twvn of Gulfstream City Engineer OTHER INTERESTED PARTIES X Envirodeslgn Associates Inc Brian Becker P M 4 Mkt STAFF REPORT DISTRIBUTION LIST ADDRESSES Harbor View Estates, Lic 185 N E 4th Ave Ste 104 Delray Beach FL 33483 tlaudani@nojlhpcinflic.com DIV of Recreation and Park - District 5 13798 Se Federal Highway Hobe Sound FL 33455 emasLcowan@dep.state.fl.us Envimdesign Associates, Inc, 298 Pineapple Grove Way Delray Beach FL 33444 Oke4envdesign.com FDEP Palm Beach County - Environmental Res Management 2300 N. Jog Road 4th Floor West Palm Beach FL 33411-2743 bgentry@pbcgov.org Palm Beach County - Health Dept Environmental Health & Engineering 901 Evemia Sheet West Palm Beach FL 33408 thcmae—Iefavre@doh.staje,fl.us Patin Beach County - Water Utilities Operations Center 8160 Forest Hill Boulevard West Palm Beach FL 33413-3336 mrawls@pbcwaiar.00m Palm Beach County School District of Palm Beach County Palm Beach County Engineer 3300 Summit Blvd 23017 N. Jog Road West Palm Beach FL 33406-1492 West Palm Beach FL 33411 terrence.ballet'@palmbeach.kl2.0.us , gtuebb@pb,-Uov.org Jim.ku6ard@pafmbeachschools.org Town cf Gulfstream CityEngLnaer Envirodeslgn Associates Inc Brian Becker P M 299 Pineapple Grove Way Delray Beach FL 33444 APpiloarlan No: 111209-6 Page 2 or 2 JOINDER AND CONSENT OF ASSOCIATION THIS JOINDER AND CONSENT OF ASSOCIATION ("Joinder and Consent of Association") is given this if day of ap/j I , 2013, by the undersigned President of Harbor View Estates Association, Inc. ("Association"), on behalf of the Association. The Association hereby joins in and consents to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Harbor View Estates. IN WITNESS WHEREOF, the undersigned has caused this Joinder and Consent of Association to be executed as of the day and year first above written. WITNESSES: Print Name: . �4 _Mur Print Na— � ViiVl�i WzrS STATE OF FLORIDA SS: COUNTY OF PALM BEACH HARBOR VIEW ESTATES ASSOCIATION, INC. By, v THOMAS D. LAUDANI, President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by THOMAS D. LAUDANI, as President of HARBOR VIEW ESTATES ASSOCIATON, INC., freely and voluntarily under authority duly vested in him/her by said company, who is personally known to me. �YITI,XSS my hand and official seal in the County and State last aforesaid this e day Of Mrl 1 2013. My Commission Expires: ��11 PnntName: c /��1 ��r�l C.�fi�ii � ;$�*::i%t�, ELIZABETH CUTAIA _ - MY COb1MISSION x EE070457 =�'� EXPIRES M©rch 03, 2015 �$rk;.: �IU7 '.�..... j67 FbtltleNdary9ardce.mm 9479875.4