Book8285/Page4163 CFN#20050748867 Page 1 of 110

111111111111111111111111111111111111111111111111111

I NST R 20050748867 OR BK 08285 PG 4163 PGS=110 PREPARED BY AND RETURN TO: MARTHA 0. HAYNIE, COMPTROLLER Christian F. O'Ryan, Esq. ORANGE COUNTY, FL Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 2701 N. Rocky Point Drive, Suite 900 11/04/2005 07 : 45 : 00 AM Tampa, Florida 33607 REC FEE 936.50

COMMUNITY DECLARATION FOR VISTA CAY AT HARBOR SQUARE

TABLE OF CONTENTS

Article 1 - Definitions 1 Section 1. Definitions 1 Section 2. Interpretations 6

Article II - Development Plan 6 Section 1. Operation, Maintenance and Repair of •m on Areas 6 Section 2. Roadway 6 Section 3. Irrigation Facilities 7 Section 4. Retention Walls . 7 Section 5. Boundary Walls 8 Section 6. Access Control System 8

Article III - Property Rights 8 Section 1. Owners' E eme Enjoy nt 8 Section 2. Delegatio of se 9 Section 3. Easement f•r Residential welli 9 Section 4. Ease e f•r Utilities, Drain e a d Sprinklers 9 Section 5. Proh'• ition of ertain Activities 10 Section 6. Rules d Reg lations 11 Section 7. Title to C • mo rea 11 Section 8. Declarant a • Ass • ciation Eas e 12 Section 9 a ement for edest Ac -ss 12 Secti • 10. Asso tion Ea ment 12 Se tion ners seme 12 ti 12. Eas ent • er the rass - • Area 13 ec on 13. Easem is R served Co on Area for Use in Connection 'th Ot er Horn - s wne ssociations 13 Sec ion 14. General E sem nts 13 ect n 15. Use of Und vel • ped Properti 14

rticle IV Mem ership and Vo ng ights 14 Se ion 1 oting Ri 14 Secti • q 2. Me ship assifications 15 Class A 15 (b) Class 15 (c) Class C 15 S ctio 3. Turnover 15

Article V ight and Obligations of Owners and the Association 16 Se tion 1. Responsibilities 16 Se tion 2. Manager 16 S ctio 3. Personal Property for Common Use 16 ecti n 4. Insurance 16

Book8285/Page4163 CFN#20050748867 Page 1 of 110

Section 5. Implied Rights. 16 Section 6. Common Expense 16 Section 7. Lawn and Landscaping Maintenance 16 Section 8. Sprinkling System 17 Section 9. Suspension of Use Rights; Levy of Fines 17 Section 10. Master Association's Duty to Maintain Surface Water Management System 17 Section 11. Waterbodies 17

Article VI - Covenant for Maintenance Assessments 18 Section 1. Creation of the Lien and Personal Obligation for Assessments 18 Section 2. Purpose of Assessments 18 Section 3. Installment Assessments for Corn penses 18 (a) Standard Increases 18 (b) Special Increases 18 (c) Duty of Board to Fix Amount 18 Section 4. Special Assessments 19 Section 5. Notice of Meeting and Quorum for Any A tion Authorized Under Section 3. 19 Section 6. Declarant's Common senses sessme t 19 Section 7. Exemption from Assessm s 19 Section 8. Date of Commencement of Ins ent A -s-me ts: Due Dates 20 Section 9. Lien for Asse 20 Section 10. Effect of npayment of A essments; Rem s o the Associati n 20 Section 11. Foreclos re 21 Section 12. Horn ad 21 Section 13. Su • ordinati n of the Lien to ortg ges 21 Section 14. Indivi. ual As •essments 21 Section 15. Certific e of ounts Due 21 Section 16. Uniform to o ssessment. 22 Section 17. Cable Telev ion 22 Sect 18. Vis Securit 22 S tion 1 • Commu *ty Bull 'n Bo . 22 20. Pro rty T es 22 ec ion 21. Accele ation f Asse men 22 Se• tion 22. Working apit I Contri tion 23 Se• tion 23. Resale C • ital ontributi. 23 Sec ion 24. Budgeting nd (locating N hb hood Expenses 23 ecti n 25. Special Us Fe 23

Article VII Archi cture and an caping 24 Sec n 1. s of e Architectural Review Committee 24 Section Purpose Function of ARC 24 ion 3. Ini rovements Subject to Approval 24 ecti • n 4. Standards for Review and Approval 24 ectio 5. Design Standards and Design Review Manual for VISTA CAY AT HARBOR SQUARE 25 S ctio 6. Procedure for Review 25 S ctio 7. Duration of Approval 26 S ctio 8. Interior Alterations Exempt 26 ecti. 9. Declarant Exempt 26 ect n 10. Exculpation for Approval or Disapproval of Plans 26

Book8285/Page4164 CFN#20050748867 Page 2 of 110

Article VIII - Land Use Plan 27 Section 1. Land Use Plan of Development 27 Section 2. Deed Restrictions 27 Section 3. Withdrawal 27 Section 4. Annexation 27 (a) Additions to Properties and Land Use Plan 27 (1) Additions to the Properties 27 (2) Land Use Plan of Development 28 (b) Procedure for Making Additions to the Properties 28 (1) Additions in Accordance with a Land Use Plan of Development 28 (2) Mergers 28 (c) General Provisions Regarding Addit 's to the Properties... 28 (d) Voting Rights of the Declarant as to Ad. itions to the Properties 29 (e) Assessment Obligation of the Decla -n Additions to the Properties 29 Section 5. Expansion or Modification of Common rea 29

Article IX - Special Provisions to Comply w -quirements •f H I, FHA, VA, FNMA, GNMA 29 Section 1. Information 29 Section 2. Contracts 29 Section 3. Reserves 29 Section 4. Lender's Noti 30 Section 5. Fidelity Bo 30 Section 6. Connplian•e w HUD, HA, FNMA, GNMA 30

Article X - General Provi 30 Section 1. Dur ion 30 Section 2. Enfor ment 31 Section 3. Sever *ty 31 Section 4. Amendme 31 (a) General Re iction on Am dm:nts 31 b) Am • ments ior to urnover. 31 Amend -nts Aft Turn' 31 ecti • 5. Noti 31 ec ion 6. Assign ents 31 Se tion 7. Approvals 32 Se tion 8. Mediation/ iDitr tion of Dis 0 utes 32 Sec ion 9. Warranties 32 ecti n 10. Authority of the oard 33

Article XI ecla nt and As cia on Liability 33

Article XII - Clu Ian 33 S ion 1 of Club 33 (a) Term and Covenant Running with Land 34 (b) Value 34 (c) Produce Purchased 34 (d) Disclosure 34 (e) Non-Exclusive License 34 S ctio 2. Rights of Club Members 34 ctio 3. Club Facilities 34 ecti n 4. Construction of the Club 35

iii

Book8285/Page4165 CFN#20050748867 Page 3 of 110

Section 5. Commercial Space 35 Section 6. Operations 36 Section 7. General Restrictions 36 (a) Minors 36 (b) Responsibility for Personal Property and Persons 36 (c) Personal Property 36 (d) Activities 36 (e) Indemnification 37 (f) Attorneys' Fees 37 Section 8. Violation of Club Rules and Regulations 37 (a) Basis for Suspension 37 (b) Types of Suspension 37 Section 9. Release 38

Article XIII — Exclusive Common Areas and Limited C n Areas 38 Section 1. Exclusive Common Areas 38 (a) Purpose 38 (b) Designation 38 (c) Use by Others 39 Section 2. Limited Common Areas 39 (a) Purpose 39 (b) Designation 39 (c) Maintenance 39

Article XIV - Neighborhoods 39 Section 1. Neighborhoo esign n 39 Section 2. Neighbored Insurance 40 Section 3. Neighbor • sses ents 40

Article XV — South Camp wiers Associatio 40 Section 1. Ma er A s ciation 40 Section 2. Mast Asso iation Purpose 40 Section 3. Membe hip ' the Master Ass ciat on 41 Section 4. Master As ociat n Assessmei is . 41

Article XVI — ecific rictions nd Covenants i onnection with Short Term R tal Community... 41 ecti. 1. Ap abilit 41 Se ion 2. Use o rope es 41 Se tion 3. Occupan y 41 Se tion 4. Nuisances 41 Se ion 5. Leases 42 Sect •n 6. Mitigation o Da pness and H idity 42

Exhibits:

"A" - Property "A-1" - Class A ope y "A-2" - Class C P • pe "B" - Articles of cor • oration "C" - Bylaws "D" - Common • reas "E" - SFWMD ermi

Book8285/Page4166 CFN#20050748867 Page 4 of 110

COMMUNITY DECLARATION FOR VISTA CAY AT HARBOR SQUARE

THIS DECLARATION is made on the date hereinafter set forth by PULTE HOME CORPORATION, a Michigan corporation (the "Declarant") and joined in by VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation (the "Association").

WITNESSETH:

WHEREAS, Declarant is the owner of certain real property in Orange County, Florida, more particularly described on Exhibit "A" attached hereto an• orporated herein by reference; and

WHEREAS, Declarant desires to create an exclusive esi • - ntial community known as "VISTA CAY AT HARBOR SQUARE" on the Exhibit "A" land; an

WHEREAS, Declarant desires to provide fo the preservati of he values and amenities in the community and for the maintenance of e • mon pro dies. and, to this end, the Declarant desires to subject the real propert •escribe• n Exhi • it " to the covenants, restrictions, easements, charges and liens hereinafte t forth, ch nd II of which is and are for the benefit of such property and each owner of such pro , an

WHEREAS, Declarant has dee ed it desira• e, for the efficien • reser tion of the values and amenities in the community, to c - ate ency t• hich should be • lega ed and assigned the powers of maintaining and admi ist ing the •mmo • roperties and fa ilitie , administering and enforcing the covenants and re, tri tions, and c• ectin• and disbursing • f th assessments and charges hereinafter created• a

WHEREAS, the Declare has corporated und th laws of the tat of Florida, as a not-for-profit corporation, VISTA CAY AT HARBOR S UARE MAS R COMMUNITY ASSOCIATION, INC., for the purpose •f exe ising the f cti ins• stated above, which association is not intended to be a • • @minium A socia as ch -rm is defined and described in the Florida Condominiu Act (Chapt 718 of e Florida Stat s).

NOW, T E( FORE,es t Dec rant h- eby clares that the real property described in the attached E hib't "A" shall be eld, t ansferr sol conveyed, hypothecated, encumbered, leased, rented us d, occupied an • app • ved su ct to the following covenants, restrictions, easements, co diti ns, charges and iens hereinafte set f h as modified and amended from time to time w 'ch e for the purpose of p otecting the al and desirability of, and which shall run Intl the rea property and be bindi g o all parties ha ng any right, title or interest therein or n thereof, eir respective heirs per onal representatives, successors and assigns, as well as oc upants, gue and ' vitees, d II inure to the benefit of each Owner thereof.

ARTICLE I

DEFINITIONS

Section 1. Definitions. When used in this Declaration, unless the context shall prohibit or otherwi e re uire, the following capitalized terms shall have the following meanings and all definitions shall be plicable to the singular and plural forms of such capitalized terms:

Acc ss Control S stem" shall mean any system intended to control access to nd/or enhan the elfare of VISTA CAY AT HARBOR SQUARE.

Book8285/Page4167 CFN#20050748867 Page 5 of 110

"Articles" shall mean the Articles of Incorporation of VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, attached hereto as Exhibit "B" and made a part hereof, including any and all amendments or modifications thereof.

"Association" shall mean and refer to VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, its successors and assigns.

"Board" shall mean the Board of Directors of the Association.

"Bylaws" shall mean the Bylaws of the Association attached hereto as Exhibit "C" and made a part hereof, including any and all amendments • modifications thereof.

"Club" shall mean the Club Property and all fa, ilitie constructed thereon subject to additions and deletions made by Declarant from time to time Th Club may be comprised of one or more parcels of land, which may not be connected or adja•ent t one another.

"Club Facilities" shall mean the actual facilities, imp vements and personal property which Declarant shall actually have cons ted and/or ma • - available to Owners pursuant to the Club Plan. The Club Facilities a : more s• : if ically fo h in Article XII herein. PRIOR TO TURNOVER, THE CLUB FACILITIES A SUBJ T • CH NGE AT ANY TIME AT DECLARANT'S SOLE AND ABSOLUTE DISCRETIO

"Club Manager" shall an the e operating an • anagin a the Club, at any time. Declarant or Association may • e Club anage s provided in thi Club Plan. Declarant reserves the right to designate the CI b -nager ecla nt's sole and abs • lute • iscretion.

"Club Member" ean every Own r (ot er than an Ow er o has leased his Residential Dwelling to Le see) an. Lessee; provi d, owever, for t pu poses of Club membership, there shall be only • e Ow er and Lessee p r R sidential D Ilin • A person shall continue to be a Club Member unti e or he ceases to b an Owner, or cea s to be a Lessee legally entitled to possession of a ental esidential we ing. Once an Owner leases a Residential Dwelling, onl the Lessee sh II be e itled t xer ise the privileges of a Club Member with respect to such esidentia 'welling, however, the • ner and Lessee shall be jointly and severally liable for I ass ents.

'CI Plan" shall ean the VI TA Y AT HARBOR SQUARE Club Plan, together with I a endments and odifi •ations t reto further detailed in Article XII of this Declaration.

"Co on Area" shall me n and refer t• those portions of the Property, and improv ments th reon, if any, whic th Association has the obligation to maintain for the co on use, ben it an njoymen of Owners. The Common Areas that may be dedicated by plats, created in e form ase nts, or conveyed by written instrument recorded in the Public Records of Oran County, o y Quit Claim Deed or Fee Simple Deed from Declarant to Association are ribed on ibit "D" attached hereto and incorporated herein by reference. After the date reof, Declarant may add additional real property and/or interests in real property located within t e operty which Declarant determines is reasonably necessary for the development or aint :nance of the Common Areas or which any governmental organization or agency may requir th Association to maintain. The Common Areas shall include the Exclusive Common Areas. OTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, T EFINITION OF "COMMON AREAS" AS SET FORTH IN THIS DECLARATION S F •R DESCRIPTIVE PURPOSES ONLY AND SHALL IN NO WAY BIND, OBLIGATE 0 LIMI DECLARANT TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS SET

Book8285/Page4168 CFN#20050748867 Page 6 of 110

FORTH IN SUCH DESCRIPTION, THE CONSTRUCTION OR SUPPLYING OF ANY SUCH ITEM BEING IN DECLARANT'S SOLE DISCRETION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REPRESENTATION OR WARRANTY AS TO THE EXTENT OF THE COMMON AREAS TO BE OWNED, LEASED BY OR DEDICATED TO ASSOCIATION, EXCEPT AFTER CONSTRUCTION AND DEDICATION OR CONVEYANCE OF ANY SUCH ITEM.

"Common Expense" shall mean and refer to any expense for which a Installment Assessment or Special Assessment may be made against the Owners and shall include, but in no way be limited to, the expenses of upkeep and maintenance of the Common Area as described in Exhibit "D." If any of the items identified as possible Common Expenses in this Declaration are included as District Maintenance Special Assessments, the same shall not be included in Common Expenses.

"Declarant" shall mean and refer to Pult e Corporation, a Michigan corporation, its successors and assigns. It shall not include an pe on or party who purchases a Residential Dwelling from Pulte Home Corporation, nor shall it incl e any person or party who purchases a Parcel from Pulte Home Corporation unless such ptJ cha r of a Parcel specifically is assigned such rights by the Declarant.

"Declaration" shall mean and ref this COMM NIT DECLARATION FOR VISTA CAY AT HARBOR SQUARE and any endme or mo ifica .ons thereof hereafter made from time to time.

"Exclusive Common Area" shall mean and refe a po on o the Common Area primarily benefiting one or more, but lesshan all, a ore pa icularly described in Article XIV.

"FHA" shall mean a d refer to the Fe ral using Administr

"First Mort•a shall can and refer t • an I stitutional Le •er w o holds a first mortgage on a Residential Dwell! • and ho has notified t e A sociation of shojings.

"FNMA" shall mean a ref- to the Feder I N tional Mortgage Association.

"GN shall m n and r- er to the over► ent National Mortgage Association.

It U shall n an refer o th U.S. Department of Housing and Urban Development.

"Im ediate Family M mbe s" shall m an th= spouse of the Club Member and all unmarried chili ren enty-two (22) ye rs end younger •f e er the Club Member or the Club 's spou e. a Club Member s u married, the b Member may designate one other person ho is liv g WI such Club M mb r in the Residential Dwelling in addition to children of the b Member an ult Imm late Family Member. No unmarried child or other person shall qualify as an I ediate y M ber unless such person is living with the Club Member within the Residential D !ling.

Ind' 'dual Assessment" shall mean and refer to any assessment arising out of either or both of he f • llowing events and specifically assessed against the appropriate Owner(s) and their respecti e Re idential Dwelling: (i) any expenses occasioned by the conduct of less than all of the Owners •r by the family, tenants, agents, guests or invitees of any Owner; and (ii) any expenses arising out of the provision by the Association of any maintenance, repair or replacement of ommon Area, or any other improvements within the Properties, the maintenance, re ir d replacement responsibility of which lies with the Association under the rovisions of th' De aration.

Book8285/Page4169 CFN#20050748867 Page 7 of 110

"Installment Assessment" shall mean and refer to any monthly, quarterly or yearly assessment (as determined by the Board of Directors) or charge for the purpose of operating the Association and accomplishing any and all of its purposes as determined in accordance herewith, including, without limitation, payment of Common Expenses and collection of amounts necessary for the operation of the Association.

"Institutional Lender" shall mean and refer to the owner and holder of a mortgage encumbering a Residential Dwelling, commercial property, or Club Facilities, which owner and holder of said mortgage shall be any federally or state chartered bank, insurance company, HUD or VA or FHA approved mortgage lending institution, FNMA, GNMA, recognized pension fund investing in mortgages, and any federally or state chartered savings and loan association or savings bank.

"Institutional Mortgage" shall mean and refer an mortgage given or held by an Institutional Lender.

"Land Use Plan" shall mean and refer to the dev op nt plan for VISTA CAY AT HARBOR SQUARE on file with the planning and zoning departme t of • range County and as the same may be amended or modified from time to tim

"Lessee" shall mean the less name any ritte lease respecting a Residential Dwelling who is legally entitled to possess of any -side tial welling within VISTA CAY AT HARBOR SQUARE. An Owner and Lessee sh be join nd verally liable for all assessments.

"Lot" shall mean an • refer the lea fractional part the ubdivided lands within any duly recorded plat of any ub !vision w 'ch pri to or subseque ly t. such platting is made subject hereto and which ha li ited fixed bo dari s and an assign d n mber, letter or other name through which it ma • de tified; provide • , how ver, that "Resid ntial Dwelling" shall not mean any Common Area.

"Master Associatio " sha mean and ref r to the SOUTH MPUS OWNERS ASSOCIATION, INC., a Florida not fo • rofit orporation.

"Ma er Declara " shall can UNIVER CITY PROPERTY MANAGEMENT COMPANY III, a ela orpora n, an its d- gnated successors and assigns as further defined in the M ster eclaratio

"M ster Declaration sh I mean he I - claration of Covenants, Conditions, Easements an R strictions recorde • in R Book ••19, ge 1233 of the Public Records of Orange County as a ended from time o ti e.

ei h • orhood" shat m an and refer to a group of Residential Dwellings des ated in this eclara n or in up emental Declaration(s) as a separate Neighborhood for purposes receiving 0 er ben or ices from the Association which are not provided to all Residential Dwellin •s wi 'n the Pro • -rties. A Neighborhood may be comprised of more than one housing type and include noncontiguous parcels of property.

borhood Association" shall mean and refer to any property owners' association, horn own rs' association, condominium association or other such entity, their successors and a sign• formed pursuant to Neighborhood Association governing documents to be imposed upon ny •onion of the Property. The owner of any Parcel within the Properties shall be required to fo m nd impose a Neighborhood Association on the Parcel before selling or conveying any a esi ential Dwelling constructed on the Parcel.

Book8285/Page4170 CFN#20050748867 Page 8 of 110

"Neighborhood Assessments" shall mean and refer to assessments levied against the Residential Dwellings in a particular Neighborhood or Neighborhoods to fund Neighborhood Expenses.

"Neighborhood Expenses" shall mean and refer to the actual and estimated expenses which the Association incurs or expects to incur for the benefit of Owners of property within a particular Neighborhood or Neighborhoods, which may include a reasonable reserve for capital repairs and replacements and a reasonable administrative charge, as may specifically be authorized pursuant to this Declaration or in the Supplemental Declaration(s) applicable to such Neighborhood(s).

"Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Residential Dwelling which is a part of the Properties, including contract sellers, but excluding those having such in =rest merely as security for the performance of an obligation. The term "Owner" shall include De, larant for so long as Declarant shall hold title to any Residential Dwelling or Parcel.

"Parcel" shall mean and refer to any part o the Properties other than the Common Area, Residential Dwellings, streets and roads, and Ian ow'ed by the Association, the Declarant, or a governmental body or agency or public utility comp y, hether or not such Parcel is developed or undeveloped, and without regard t• • - use or prop •sed se of such Parcel. Any Parcel, or part thereof, however, for which a sub• 'vision t has be n fl: d of record shall, as to such portions, cease being a Parcel, or part there. and sh- beco e R sidential Dwellings or Units, as applicable.

"Property" or "Pro •erties" -irme. and refer to erty described on Exhibit "A", together with such ad itional prope as is subjec s Declaration in accordance with Article VIII. The t m P •pe shall interchangeable "VISTA CAY AT HARBOR SQUARE."

"Residential Dw s all mean and re er to ither a Lot or

"S•ecial Assessm sh 11 mean and ref r to any assessm= n addition to the Installment Assessments authorize• erei levied by the As •ciation, in any fiscal year, for the purpose of defraying, in whole or in p th cost of a CO struction, reconstruction, repair or replacement of capital • • • • 'tents, in ding an personal property related thereto, or for the purpose of d raying, in who or in pert, any osts authorized by this Declaration.

SF 4MD Permi " sha mea Sou Florida Water Management District ("SFWMD") per it umber(s) 48-0 103- -06 (the "SF D Permit") attached hereto as Exhibit "E" and made pa hereof.

"Su -ce Water Mana•em nt System" o :WMS" shall mean the collection of devices improve ent- or natural syst -ms whereby surface waters are controlled, impounded or ru ted. This rm 'dudes exfil ati • trenches, Wetland Conservation Areas, mitigation areas, lakes, reten • n are; - w- - m agement areas, ditches, culverts, structures, damns, impoundments, resery • s, drainage intenance easements and those works defined in Section 373.403 (1)-(5) of e Flo es. The VISTA CAY AT HARBOR SQUARE Surface Water Management S te includes those works authorized by SFWMD pursuant to the SFWMD Permit.

"U it" hall mean a condominium parcel, as that term is defined in Chapter 718, Florida Statutes (2 )04), herein called the "Condominium Act," pursuant to a recorded declaration of condominium of ectir g all or part of the Properties, and for which a certificate of occupancy has been issued.

Book8285/Page4171 CFN#20050748867 Page 9 of 110

"VA" shall mean and refer to the Veterans Administration.

"Voting Interest" shall mean and refer to the appurtenant vote of each Residential Dwelling located within VISTA CAY AT HARBOR SQUARE, which shall include the voting interests of the Declarant. Each Residential Dwelling shall have an appurtenant vote of one (1) vote per Residential Dwelling; provided, however, subject to the terms of Article IV, Section 2, the Declarant shall be entitled to nine (9) votes per Residential Dwelling owned by the Declarant.

Section 2. Interpretations. Unless the context expressly requires otherwise, the use of the singular includes the plural, and vice versa; the use of one gender includes all genders; and the use of the term "including" or "include" is without limitation. Wherever any time period in this Declaration, the Articles or the Bylaws is measured in days, "days" means consecutive calendar days; and if such time period expires on a Saturday, Sunday or legal holiday, it shall be extended to the next succeeding calendar day that is not a Saturday, Su f ay or legal holiday. Unless the context expressly requires otherwise, the term "Common Are. • ommon Property", "Residential Dwelling", "Unit", "Residential Dwelling" and "Property" include ny d all improvements, fixtures, trees, vegetation and other property from time to time situa d t ereon. Unless the context expressly requires otherwise, the terms "assessment" or "asses me ts" shall mean and refer to any assessments made in accordance with this Declaration .nd posed, established and collected by the Association from time to time, including itho t limitation, Installment Assessments, Special Assessments, Individual ' , S. rnents, Nei • hbo ood Assessments and Special Use Fees. This Declaration shall be c • •strued • - rally in vor f the party seeking to enforce its provisions to effectuate its purpose • f prote a d hancing the value, marketability and desirability of the Property as a reside corn by roviding a common plan for the development and enjoyment thereof. The headin • used thi Declaration or any other document described in the precedi of this Article for inde ing purposes only and are not to be used to interpret, co strue or apply it ubstantive prove • ns.

ARTICL

VELOPMENT P

Section 1. 0 • eration writ ance and Re • 'r 0 Common Are . The Declarant, in order to insure that the Common A -a an • other land • r w ich it is responsible hereunder will continue to be maintained in a manner hat contr • to • the comfort and enjoyment of the Owners and provide • r other ers of oncern to the , has organized the Association. The purpose of the As ociat all be • opera , ma in and repair the Common Area described on Exhibit "D," and ny impro -ment there• , inc ding, but not limited to any SWMS, lakes, retention area , c 'veils and/or relat - • appu enan s which may be located within the Properties; to ain ain and repair th Clu Facilitie to intain the decorative entranceways to the Properties, incl ding decorative fo ntai areas; to ainta , operate and repair the gatehouse, including, with • t li itation, staffing wi h p rsonnel; to ain in and repair the surface of certain wal s d fence , if a y, bordering the Pro • erties and bordering the streets within the Properties; to mai ain and pair ny irrigation f ciliti s servicing land which the Association is obligated to mat in; to pay moun payable in • onnection with any private street lighting agreement between Association nd the • • • c utili • company in connection with lighting for streets within the Properties, or other are designate • •y the Board of Directors; to maintain and repair the Access Control System; take suc o er action as the Association is authorized to take with regard to the Properties • rsua t to its Articles of Incorporation and Bylaws, or this Declaration.

Section 2 Roadway. The Common Areas include paved asphalt roadways as described on Extu •it " (the "Roadway"). The Declarant hereby grants easements for ingress and egress over nd cross the roadways located on Properties to Owners, their guests, and invitees and to e erg ncy vehicles. There may be additional areas improved as roadway with asphalt or other pe oad. Without limiting any other provision of this Declaration, Association is esponsible fo the aintenance, repair and/or resurfacing of all paved surfaces designated as

Book8285/Page4172 CFN#20050748867 Page 10 of 110

Common Areas, including without limitation, roads, pathways, bicycle paths, and sidewalks forming a part of the Common Areas, if any. Although it shall have the right to do so, the Declarant does not represent, warrant, agree or promise to improve additional areas for ingress and egress purposes in the manner above described, and shall be under no obligation to construct the described improvements. The Declarant hereby reserves the right to improve in the manner hereafter set forth, at any time prior to Turnover, additional ingress and egress roadways. The Declarant shall be under no obligation to construct such improvements, but any such improvements as it may construct shall be at its expense. Following completion of such improvements, however, at the sole discretion of the Declarant, such improvements shall become part of the Roadway and Common Areas owned by the Association and shall be maintained by the Association. The improvements which the Declarant is authorized by this Section to construct, place or erect shall consist of paving, curbing, irrigation facilities and landscaping similar to those located or constructed on the Properties. Although pavement appears to be a durable material, it requires maintenance. Association shall have the right, but not e obligation, to arrange for an annual inspection of all paved surfaces forming a part of the C m on Areas by a licensed paving contractor and/or engineer. The cost of such inspection shall b a p rt of the Common Expenses of the Association. Association shall determine annually the p am ers of the inspection to be performed, if any. By way of example, and not of limitation, th ins ector may be required to inspect the roads and sidewalks forming part of the Common Are an ually for deterioration and to advise Association of the overall pavement conditions includin • an upcoming maintenance needs. Any patching, grading, or other maintena e ork should e p rformed by a company licensed to perform the work. AT PRESENT, T ROAD YS AD CE T OR IN PROXIMITY TO VISTA CAY AT HARBOR SQUARE ARE PART s THE b sLIC 'YS M OF ROADWAYS. EACH OWNER BY THE ACCEPTANCE OF A DEED T• HEIR sT • C OWLEDGES AND AGREES THAT NEITHER THE ASSOCIATION NOR THE D RA HA E ANY CONTROL WITH REGARD TO ACCESS AND •GE • SUCH ROAD YS B THE GENERAL PUBLIC.

Section 3. Irrigation Fai iliti s. The Dec rant ereby reserves t e ri t from time to time to improve and expand the e ng irrigation faciliti s in e manner here fter et forth at any time prior to Turnover. The D clar nt hall be under n • obl • ation to impr e o expand such irrigation facilities. Following c • pleti of such expa sion and impro men , however, the irrigation facilities shall become •S. 0 the Common re owned and intained by the Association. The improvements wh h D larant is au on ed by this Section to make may consist of additional underground sprin r line and sp kler heads, and may be located in, on, under, or adjacent to e Prop s or th Commo Area and may either be separate from or connected to exis g irri • ation fac ties. ch 0 y the acceptance of a deed to their Residential Dwel 'ng nowle es a agre tha the irrigation system may utilize a water supply from VA 10 S SOURCE Suc water to b used for the purpose of irrigation to the Common Area onl The water fro thes source may • may not have a high concentration of iron which can aus staining. Decla nt c nnot dete t in a • vance which water supply may stain walls, sidewalk , dri eways and surrou din • areas. Ea Ow er accepts by the acceptance of a their R ide ial Dwelling that m y become ne sary to install a treatment system to the irrig ion wat to p -vent staining • th Residential Dwelling, and owner shall be responsible I such treat ent s tern. to t ex nt that common areas require such treatment system, it shall be paid for b he Ass • as Common Expense. Each Owner by the acceptance of a deed to their Residen I Dwelling a nowledges and agrees that the Association, not Declarant, shall be responsib or the • g t- m maintenance of the irrigation system.

Section Retention Walls. The Declarant may construct retention walls within the Properties. Such wall (the "Retention Walls") shall be maintained, repaired or replaced by the Association. The sso • iation may perform any such maintenance, repairs or replacement of the Retention Walls an th costs of such repair shall be included in the Installment Assessments or assessed as a Sp cial Assessment, as applicable. Failure of the Association to undertake any such maintenanc , re acement or repair on the Retention Walls shall in no event be deemed a

Book8285/Page4173 CFN#20050748867 Page 11 of 110

waiver of the right to do so thereafter. Notwithstanding anything contained in this Section, the Declarant neither commits to, nor shall hereby be obligated to, construct such Retention Walls.

Section 5. Boundary Walls. The Declarant may construct a border or perimeter wall along all or part of some or all of the publicly dedicated arterial and collector streets within the Properties or streets bounding its perimeter. Such walls (the "Boundary Walls") may be constructed either on dedicated rights of way, Common Areas, Residential Dwellings, or other land adjacent to such rights of way, and may include a combination of berming, landscaping and vegetation or other material to provide for buffering to the extent desired by Declarant. Whether or not located on Common Areas, the Association shall maintain and repair at its expense such Boundary Walls, if any. The Association shall maintain and repair at its expense and as a Common Expense any such Boundary Walls located on Common Areas. The Association may perform any such maintenance, repairs or replacement of the Common Area Boundary Walls and the costs of such repair shall be included in the Installmen ssessments or assessed as a Special Assessment, as applicable. Failure of the As oci tion to undertake any such maintenance, replacement or repair on the Boundary Walls sh II in o event be deemed a waiver of the right to do so thereafter. Notwithstanding anything conta ed this Section, the Declarant neither commits to, nor shall hereby be obligated to, const ct ch Boundary Walls. The Declarant, for itself and its successors and assigns and for the sso ation hereby reserves an easement ten (10) feet wide running parallel to and adjacent to an arte ial and/or collector roads and streets for the purpose of construction of a e iva wall or fen ea name monuments for the Properties. Once such wall or fence or 410 onume or bot , h ve been erected, the Association shall have the obligation, at the Assoc •n's exp se, hic shall be a Common Expense, to maintain, repair and replace such wall or ce an • nu ents in a neat and aesthetic condition. The Declarant hereb • rants the Asso ion a non- xclusive perpetual easement over the Properties to per t the As • ciation to un • ke su • Boundary Wall maintenance and painting as it may b resp I • ible for • rsuant to this De rati n. Owners other than Declarant shall not alter or mod' y ch Boun • ry W I, including, witho t li 'tation, the color of such Boundary Wall. The specif c r ghts grante • • y thi Section are in ddit on to, and not exclusive of, those rights or re I 0 which may be • the ise available to the ssociation, or other parties. Notwithstanding ything ontained in this ect • n to the contr ,D larant neither commits to, nor shall hereby be o • ligate • to, construct suc Bo ndary Wall

Section 6. Access Cont a S m. Declara m y install an access control system at the entrance(s) to VISTA CAY AT H BO QU ssociation shall have the right, but not the obligation, to ontract fo e insta tion of additio P I Access Control System facilities for VISTA CAY AT H BO UAR rior t • Turn , all contracts for Access Control Systems shall be subject 0 t prior en a royal • f De arant. ASSOCIATION AND DECLARANT SHALL NOT B H D LIABLE F • R A Y LOS OR MAGE BY REASON OR FAILURE TO PROVIDE AD QU TE ACCESS C • NTR • L OR I EFF TIVENESS OF ACCESS CONTROL MEASURES UND RTAKEN. EACH ND EVERY NE AND THE OCCUPANT OF EACH RESIDENTIAL D LLING ACKNO LE GES THA CLARANT, ASSOCIATION, AND EMPL• YEE AGENTS, M NA ERS, DIREC • RS AND OFFICERS, ARE NOT INSUR RS OF •WN S OR RESID NT AL DWELLINGS, OR THE PERSONAL PROPERTY • ED WITHI RES NTIAL E INGS. DECLARANT AND ASSOCIATION WILL NOT BE RESPONSIBLE R LIA. OR OSSES, INJURIES OR DEATHS RESULTING FROM ANY CASUALTY OR I USION I A RESIDENTIAL DWELLING.

ARTICLE III

PROPERTY RIGHTS

Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and non-exclusive eas me t of enjoyment in and to the Common Area which shall be appurtenant to and shall pass wi th title to every Residential Dwelling, subject to the following provisions:

Book8285/l'age4174 CFN#20050748867 Page 12 of 110

(a) The right of the Association from time to time to establish, modify, amend and rescind reasonable Rules and Regulations regarding use of the Common Area;

(b) The right of the Association to charge reasonable admission and other fees for use of any facilities situated upon the Common Area;

(c) The right of the Association to suspend the voting rights and right to use of the Common Area by an Owner for any period during which any regular Installment Assessment levied under this Declaration against his Residential Dwelling remains unpaid for a period in excess of ninety (90) days, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations;

(d) The right of the Association to dedicate, transfer or mortgage all or any part of the Common Area; provided, however, Association m not convey, abandon, alienate, encumber, or transfer all or a portion of the Common Areas hird party without: (i) if prior to Turnover, the approval of: (a) a majority of the Board; and (b) t sent of Declarant; or (ii) from and after Turnover, the approval of: (i) a majority of the Board; sixty six and two-thirds (66 2/3%) percent of the Voting Interests (in person or by proxy) uly noticed meeting of the members in which there is a quorum present;

(e) The right of the Associati rant easem s to the Common Area or any part thereof; and

(f) The right of the Association to oth ise de h th Common Area.

Section 2. Delegation of Usk Any • er may deleg his righ of enjoyment and other rights in the Common Area to: i) all family or usehold membe of s ch Owner; or (ii) such Owner's tenants or contract p ch ers; a = (iii) a family or househ mbers of such tenants or contract purchasers pr VI ed the fore• oing ctually reside such Owner's Residential Dwelling. Any deleg t • tenants or in ees f any of the for is subject to this Declaration and the Associ ion' R les and Regulations.

Section 3. Easements for sidential Dwel inqs Each Own of a Residential Dwelling shall have an easement o easo able size a ration upon, over and across the Residential Dwellings adjacent to it w n an art of e esidential Dwelling or appurtenant structure thereof (incl ng, bu limited gable ends) constructed in such a manner so as to lie directly on over the corn on sid or r esidential Dwelling lines between such Residential Dwe ing such seme bein for e purpose of maintenance, repair and reconstruction Residentia Dwel g or . 8 purt ant structure originally constructed by Declarant and f r r in water run-off s m y be re ired. This easement shall apply only when necessary to a 0 plish the purpose set o rth herei and e Owner exercising such easement rights shall be I ble for any damages t th adjacent R ide tial Dwelling arising thereby. Each tial Dwe ing n which such a Resid ntial Dwelling appurtenant structure, as described above, as bee cciin tructed is her by benefited and burdened by reciprocal appurtenant nts for m..*ntena ce, repair and reconstruction as described above; for lateral and subjacent support; a d for m is between each Residential Dwelling for the unwillful placement, settling or hifting of e improvements as originally constructed thereon, or reconstructed in a ordanc- is Declaration; provided, however, that in no event shall an easement for e rc a ment exist if such encroachment was caused by willful misconduct on the part of the Own of ny Residential Dwelling. Notwithstanding anything in this Section to the contrary, in no e nt hall any easement extend to a distance of more than five (5) feet, as measured from an poi t on the common boundary line between Residential Dwellings along a line perpendicular t su • h boundary at such point.

Section 4 Easements for Utilities, Drainage and Sprinklers. Perpetual easements for the installati maintenance of utilities and drainage facilities are hereby reserved to

' T Book8285/lage4175 CFN#20050748867 Page 13 of 110

Declarant over of VISTA CAY AT HARBOR SQUARE, including all areas encumbered by recorded easements as of the date hereof (which easements shall include without limitation, the right of reasonable access over Residential Dwellings to and from the easement areas). The Association shall have the right hereafter to convey such additional easements encumbering the Common Area as may be deemed necessary or desirable on an exclusive or non-exclusive basis to any person, corporation or governmental entity. Further, an easement is hereby reserved over all portions of the Properties for electrical apparatus, CATV facilities, or other apparatus for any utilities, now or hereafter installed to serve any portion of the Properties; provided, however, no such apparatus or facilities shall be installed within a Residential Dwelling or Residential Dwelling so as to unreasonably interfere with the use thereof by the Owner, nor shall such facilities hinder the Association in the exercise of its right hereunder. The easement rights reserved pursuant to this paragraph shall not impose any obligation on Declarant to maintain any easement areas or install or maintain the utilities or improvements that may be located in, on or under such easements, or which may be served by them. Within suc easement areas, no structure, planting, or other material shall be placed or permitted to re in hich may damage or interfere with access to, or the installation and maintenance of, the ease ent areas or any utilities or drainage facilities, or which may change the direction, or ob ruct or retard the flow, of water through drainage channels in such easement areas or which m y r: •uce the size of any water retention areas constructed in such easement areas. The Ow r o any Residential Dwelling subject to an easement described herein shall acquire no right, titl: or 1, terest in or to any poles, wires, cables, conduits, pipes or other equipmen o acilities plac d o , in, over or under the Properties which is subject to such easement. bject to 'e terms of thi Declaration regarding maintenance of Common Areas, the easement area •f each - : iden *al r elling and all above- ground improvements in such easement areas shall be intaine• •ntin ously by and at the expense of the Owner of the Residential Dwelling, except fo ose •rov:ments for which a public authority, the Association or utility compan is responsib = With egard to specific easements of record for drainage, D larant shall hay - the right, but ut • 'ligation, to alter the drainage facilities therein, includi g sl e con • I area provided any su, h al ration shall not materially adversely affect any Re 'd ntial Dwelli • , un :ss the Owner of s h Residential Dwelling shall consent to such n. The Common Arta is defined to *nclu • e easements under each Residential Dwelli for the benefit of each res. -ctive Reside ial I elling Owner serviced by said easements and r the Benefit of the Ass•cia ion and any ••ublic or private utility company responsible for installatio , rep r, replacement •r aintenance of y such conduits, pipes, ducts, plumbing, wiring and all ether citifies nece -ary for the furnishing of utility services to the Residential Dwellings.

Section 5. Prohibition • Certai Activi o damage to, or waste of, the Common Area or any part ere • , shall • corn itted b ny o ner or any tenant or invitee of any Owner. No noxious, des ruc e or offensi acti *ty shal e pe itted on or in the Common Area or any part thereof, no sh II anything be d e th reon w h m be or may become an unreasonable annoyance or uisa ce to any other • wne . No Ow r ma maintain, treat, landscape, sod, or place or erect nyi provement or str ctur of any kin on e Common Area without the prior approval • f th Board of Directo s. A L OWNERS, S CUPANTS AND USERS OF VISTA CAY A HARB S UARE ARE H R Y PLACED ON NOTICE THAT (1) DECLARANT I•- ITS AG T S, ONTRAC OR , SUBCONTRACTORS, LICENSEES AND OTHER DESIGNEES AND/ o - (2) e HE PARTIES, INCLUDING BUILDERS WILL BE, FROM TIME TO TIME, CO CTING C • STRUCTION ACTIVITIES, BLASTING, EXCAVATION, CONSTRUCTION D 0 • TIVITIES WITHIN OR IN PROXIMITY TO VISTA CAY AT HARBOR SQU E. Y THE ACCEPTANCE OF THEIR DEED OR OTHER CONVEYANCE OR MORTGAGE, L SE OLD, LICENSE OR OTHER INTEREST, AND BY USING ANY PORTION OF VISTA CAY T ARBOR SQUARE, EACH SUCH OWNER, OCCUPANT AND USER AUTOMATICALLY AC NOWLEDGES, STIPULATES AND AGREES (i) THAT NONE OF THE AFORESAID ACTI ITI S SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, HER UN ER OR AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR ALLOW THEIR CHILDRE 0 OTHER PERSONS UNDER THEIR CONTROL OR DIRECTION TO ENTER UPON (R ARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OR

Book8285/Page4176 CFN#20050748867 Page 14 of 110

OTHERWISE) ANY PROPERTY WITHIN OR IN PROXIMITY TO VISTA CAY AT HARBOR SQUARE WHERE SUCH ACTIVITY IS BEING CONDUCTED (EVEN IF NOT BEING ACTIVELY CONDUCTED AT THE TIME OF ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING HOURS), (iii) DECLARANT, BUILDERS AND THE OTHER AFORESAID RELATED PARTIES SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES, DAMAGES (COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING FROM OR RELATING TO THE AFORESAID ACTIVITIES, EXCEPT RESULTING DIRECTLY FROM DECLARANT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND (iv) ANY PURCHASE OR USE OF ANY PORTION OF VISTA CAY AT HARBOR SQUARE HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THE FOREGOING.

Section 6. Rules and Regulations. No Owner or other permitted user shall violate the reasonable Rules and Regulations for the use of the Common Area, as the same are from time to time adopted by the Board. The Rules and Regulations all not apply to Declarant or to any property owned by Declarant, and shall not be applied i a anner which would prohibit or restrict the development or operation of the Property or advers:ly of ct the interests of Declarant. Without limiting the foregoing, Declarant and/or its assigns, sha have the right to: (i) develop and construct Residential Dwellings, Common Areas and the related i pro ements within VISTA CAY AT HARBOR SQUARE, and make any additions, alterations, imp •ve ,ents, or changes thereto; (ii) maintain sales offices (for the sale and re-sale of (a) Resident' D (ling and (b) residences and properties located outside of VISTA CAY .ARBOR So UA ), general office and construction operations within VISTA CAY AT H RBOR • UARE; ('i) pl ce, erect or construct portable, temporary or accessory buildings or structu ithin AC ^ Y A HARBOR SQUARE for sales, construction storage or other purposes; (iv) to • orarily • : • • it, •ump or accumulate materials, trash, refuse and rubbish in connection with the d- lopme or construction of any portion of VISTA CAY AT HARBOR SQ • E; (v 6 est, display, ins se or affi to the exterior of any portion of the Common Areas or •ortions of VIS CAY AT HAR SQ ARE owned by Declarant, signs and other materials us- in deg sloping, constructing, sell g o promoting the sale of any portion VISTA CAY A H RBOR SQ► RE; (vi) excavate fill fro any lakes or waterways within and/or contiguo t• ISTA CAY AT ARB s R SQUARE by • redije or dragline, store fill within VISTA CAY AT ^ RBo R SQUARE and re ova and/or sell excess f II; and grow or store plants and trees within, o contig ous to, VISTA AY AT HARBO SQ ARE and use and/or sell excess plants and trees, and ( ii) undertake all acti ities which, in e sole opinion of Declarant, are necessary for the • -velo• ent and s le of any lands and improvements comprising VISTA CAY AT HARBOR So AR

Section 7. Title to Co on A a. A ' 0 ortions of the Common Areas may be dedicated by plat , cr ed in form • f ease ents, r conveyed by written instrument recorded in the public re' ord , or by Fee impl Deed 0 r Qui Clam Deed from the Declarant to the Association. Th d dication, creatio by e ement, • r con yance shall be subject to easements, restrictions, res rva ions, conditions, Ii itati • ns, and - clara 'ons of record, real estate taxes for the year of con eya ce, zoning, land se r gulations a d s ey matters. Association shall be to have ass med and agreed to •ay all continui obligations and service and similar contract: relating to th ownership op rati •n, maintenance, and administration of the conveyed of Comm. Are and other bli •ations relating to the Common Areas imposed herein. Association shall, an • does , ind nify and hold Declarant harmless on account thereof. Association shall accep ny and all t nsfer of permits from Declarant, or any other permittee of any permit require •y a go tal agency in connection with the development of VISTA CAY AT HARBOR • UA E, as modified and/or amended. Association shall cooperate with Declarant, or an oth r permittee of such permits, as modified and/or amended, with any applications, certi catio s, documents or consents required to effectuate any such transfer of permits to Associa ion. THE COMMON AREAS, PERSONAL PROPERTY AND EQUIPMENT THEREON AND A PU TENANCES THERETO SHALL BE DEDICATED OR CONVEYED IN "AS IS, WHERE IS" ONDITION WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMP IED, IN FACT OR BY LAW, AS TO THE CONDITION, FITNESS OR MERCHANTABI TY F THE COMMON AREAS BEING CONVEYED.

Book8285/Page4177 CFN#20050748867 Page 15 of 110

After the conveyance or dedication of any portion of the Common Areas to Association, the portion of the Common Areas so dedicated shall be owned, operated and administered by Association for the use and benefit of the Owners of all property interests in VISTA CAY AT HARBOR SQUARE, including without limitation, Association, Declarant, Owners and any Institutional Mortgagees. Subject to Association's right to grant easements, and other interests as provided herein, Association may not convey, abandon, alienate, encumber, or transfer all or a portion of the Common Areas to a third party without (i) if prior to Turnover, the approval of (a) a majority of the Board; and (b) the consent of Declarant, or (ii) from and after the Turnover, the approval of (i) a majority of the Board; and (ii) sixty six and two-thirds (66 2/3%) percent of the Voting Interests (in person or by proxy) at a duly noticed meeting of the members in which there is a quorum present.

Section 8. Declarant and Association Easement. addition to the aforementioned easements, Declarant reserves for itself, the Association, t A hitectural Control Committee, and their respective grantees, successors, legal representati es d assigns, an easement for ingress and egress to, over and across each Residential Dwelli an the right to enter upon each Residential Dwelling for the purpose of exercising its and their ight and obligations under this Declaration. Entry into any Residential Dwelling, absent emergen y co ditions, shall not be made without the consent of the Owner or occupant thereof for any purp se, xcept pursuant to a valid order of court. An Owner shall not arbitrarily wit consent to uch ntry for the purpose of discharging any duty or exercising any right grated by Article, brovi 0 ed such entry is upon reasonable notice, at a reasonable time, and in a pe ful and son ble anner.

Section 9. Easement for Pedestrian Access. A -exclu asement is hereby reserved in favor of Declarant, the Association, add-its successors a • assigns over and across a strip of land extending three (3) feet • each side of and all Fieside I D lling lines within the Properties which are not improv d b -pa all or • tiler improvemen a which lines lie between the exterior walls of any WO buildings o the operties, to be se for pedestrian ingress and egress to and from • rti • ns of the Corn on A ea. It is the inte it of this paragraph that the right to use the six (6) f of e se ent over certai Res dential Dwellin line , as described above, may be assigned on non-e clusive basis b D clarant, th Ass ciation, without relinquishing the right of the assig g pa to use the ea em nt for the pur es herein stated. Without limiting the generality of th stat purpose of the easement herein described, it is intended that this easement be used to llow • ede rians to walk between buildings on the Properties in order reac portio of the ommon rea.

Section 1 Assoc on E ement. A no -exclusive easement is hereby established over all portion of e Common reas, for ing ss a • egress to and from all portions of the Properties, and or aintenance of t Co mon Ar an • II Residential Dwellings for the benefit of the Associa ion, and the Architec rat ontrol C mitt and their respective contractors, agents and lice see

ection 1 Owners Ease ent . Owners of Residential Dwellings shall have a non- e easeme over e Residen al I ellings of other Owners for the purpose of delivery of bulky items and for t purp ajo improvements or repairs. In the event the user of such easement damages th Residential • wellings over which he traverses, such user shall be responsible for the pair o - - ages. In the event the Residential Dwellings constructed on adjacent Resid tial Dwellings share a common sidewalk, both Owners of the adjacent Residential Dwel gs d their guests, tenants and invitees, shall have a non-exclusive easement for ingress and e ress over all sidewalks as constructed. In the event such common sidewalk shall require repair rep cement or maintenance, it shall be the obligation of the Association to repair, replace, or aint in such sidewalks, and such repair, replacement or maintenance shall be a Common Expens

Book8285/Page4178 CFN#20050748867 Page 16 of 110

Section 12. Easement Over the Grassed Area. The Association and its contractors shall have an easement over grassed portions Common Areas for lawn maintenance which maintenance shall include, without limitation, fertilizing, pruning, mowing, spraying of insecticide and resodding, if necessary, as well as any related functions.

Section 13. Easements Reserved in Common Area for Use in Connection with Other Homeowner Associations. Declarant hereby reserves unto itself, its successors and assigns, the right to grant easements over any of the Common Area not occupied by a building or recreation amenity to be used for, by or in connection with any homeowners association development which may hereafter be erected on land now or hereafter owned by Declarant within the Properties, or as may become necessary in providing such developments with utility services, drainage or irrigation facilities. Neither this reservation of rights, nor anything else herein contained is intended to, nor shall it, constitute or be deemed to constitute a commitment, warranty or representation by Declarant to hereafter construct or develop su' other homeowners association developments and Declarant hereby declares that it nei er makes nor gives any such commitment, warranty or representation.

Section 14. General Easements.

(a) Perpetual easements for the installation a • m intenance of utilities and drainage areas are hereby reserved to Declarant, ssociation, a d ke County in and to all utility easement and drainage easement areas s • wn on = Plat (whi he ements shall include, without limitation, the right of reasonable access • • - r Resi 4 tial I well! gs to and from the easements areas), and Declarant, the Association and L Coun a h s all have the right to convey such easements on an exclusive or non-exclusive b to an per on, corporation or governmental entity. Neither the easementfigfifs -l -eserved pursuan • this Se on nor as shown on the Plat shall impose any obligati on Declaran t maintain such sem nt areas, nor to install or maintain the utilities or i pro emen that ay be located o in or under such easements, or which may be served by hem. Withi ease ent areas, no s uct e, planting, or other material shall be placed or it ed to remain w ich ay damage or in erfe e with access to or the installation of the use a dm in enance of the ea em nt areas or an s or drainage facilities, or which may change th directi • n of flow or obst uct r retard the 4 OW 'drainage water in any easement areas, or which m red e the size of a y w ter retention a s constructed by Declarant in such easement areas. e ea ement areas of ach Residential Dwelling, whether as reserved hereunder or as shown on e P and al impr • vements in such easement areas shall be maintained • nuou by the wner o e sidential Dwelling upon which such easement exists, e ept for those rovem is fo a public authority or utility company is responsible. Wit re rd to s cific seme for rainage shown on the Plat, the Declarant shall have the ri t, ithout any ob atio impos -* the - • y, to alter or maintain drainage facilities in such easeme t ar as, including sl e CO trot are

(b) The Declaran m designat ce in areas of the Properties as e Ease ent on the final pl uch Drainage asments may not be subsequently by Own rs. • permanent i • CO ements or structures shall be placed or erected upon inage Eas ment In addit n, o fences, driveways, pools and decks, patios, air conditioners, any • erviou .ce provements, utility sheds, sprinkler systems, trees, shrubs, hedges, plants • r any other andscaping element other than sod shall be placed or erected upon or wi n such ge Easements. This Paragraph shall not apply to Declarant if such improveme b it are approved by Lake County.

(c The Declarant, for itself and its successors and assigns and for the Association hereby rese es an easement five (5) feet wide running along the rear or side lot line, as the case may b , of any Residential Dwelling which is parallel to and adjacent to any arterial and/or collector ro ds d streets for the purpose of construction of a privacy wall or fence and name monument for he Properties. Once such fence or monuments, or both, have been erected, the Ass ciati n shall have the obligation, at the Association's expense, which shall be a

Book8285/Page41719 CFN#20050748867 Page 17 of 110

common expense, to maintain, repair and replace the exterior portions of such wall or fence and monuments in a neat and aesthetic condition. The level of maintenance and repair as well as color of paint shall be consistent with the level of maintenance and repair and color applied to the exterior surfaces of such wall, fence or monument. The Declarant hereby grants the Association a non-exclusive perpetual easement as to all Residential Dwellings to the extent necessary to permit the Association to undertake such privacy wall maintenance and painting as it may be responsible for pursuant to this Declaration. Residential Dwelling Owners other than Declarant shall not alter or modify such privacy wall, including, without limitation, the color of such privacy wall. The specific rights granted by this Section are in addition to, and not exclusive of, those rights or remedies which may be otherwise available to the Association, or other parties.

(d) Association and Owners consent hereby to an easement for utilities, including but not limited to telephone, gas, water and electricity, sanitary sewer service, and irrigation and drainage in favor of all lands which abut the Pro rties, their present Owners and their successors and assigns. The easement set forth in this ar graph shall include the right to "tie in", join and attach to the existing utilities, sanitary sewer s rvic irrigation and drainage in the Properties so as to provide access to these services to sai ab ing lands directly from the Properties.

(e) The Board of Directors shall have the righ eate new easements for pedestrian and vehicular traffic and utility service a ss and thro e Properties; provided, however, that the creation thereof does not adver ely affec e use o esidential Dwelling.

(f) The creation of new easements as provide o in this Section shall not unreasonably interfere with ingress to and egress from a~Residenti Dwelling or residence thereon.

(g) In the even th any uctur or improvement ny Residential Dwelling shall encroach upon any of th Common as o upon any other ential Dwelling for any reason other than the i ti nal or negligen act • f the Owner, o he event any Common Area shall encroach on n Residential Dwe ing, hen an ease all exist to the extent of such encroachment for o Iong s the encroach ent hall exist.

(h) Notwithstandi • an hing in this ec on to the contrary, no easement granted by this Section shall exist un the side DE rim rical boundaries of any residential structure or recreatio • . original construc ed b he Declarant on any portion of the Properties.

ection 5. Use of Un evelo ed Pro rties. For so long as there is any undeveloped property eligibl for inclusion in th Pro 0 rties, I clara reserves the right to develop such property as sin le amily detached p ope ies, fee s ple •wnhomes, condominium, common area or other us S.

RTICLE IV

R IP AND VOTING RIGHTS

Section 1 Votin riba .11 ts. Every Owner of a Residential Dwelling, which is subject to assessments s II b a member of the Association, subject to and bound by the Association's Articles of Incor 9 rati • , Bylaws, Rules and Regulations, and this Declaration. The foregoing does not include p rS0 or entities that hold a leasehold interest or an interest merely as security for the performanc of n obligation. Ownership, as defined above, shall be the sole qualification for membership. hen any Residential Dwelling is owned of record by two or more persons or other legal entity, I s ch persons or entities shall be members. An Owner of more than one Residential Dwelli all be entitled to one membership for each Residential Dwelling owned. embership sh be ppurtenant to and may not be separated from ownership of any Residential

Book8285/Page4180 CFN#20050748867 Page 18 of 110

Dwelling which is subject to assessments, and it shall be automatically transferred by conveyance of that Residential Dwelling. The Declarant shall be a member so long as it owns one or more Residential Dwellings.

Section 2. Membership Classifications. The Association shall have three (3) classes of voting membership, Class A, Class B and Class C. All votes shall be cast in the manner provided in the Bylaws. The three (3) classes of voting memberships, and voting rights related thereto, are as follows:

(a) Class A. Class A members shall be Owners of Residential Dwellings located within the real property described in Exhibit "A-1" (the "Class A Property); provided, however, the Declarant shall not be a Class A member. When more than one person or entity holds an interest in any Residential Dwelling, the vote for such Residential Dwelling shall be exercised as such persons determine, but in no event shall ore than the number of votes hereinafter designated be cast with respect to such Residenti Iling nor shall any split vote be permitted with respect to such Residential Dwelling. Eve R idential Dwelling within the Properties, the Owner of which is a Class A member, shall bee We• to one (1) vote.

(b) Class B. Declarant shall be the Class B em 5 -r, and shall be entitled to nine (9) votes for each Residential Dwelling owned; provided, ho ver, that as to land which is annexed or added pursuant to Article VIII of t ' -claration, D clar nt shall be entitled to fourteen (14) votes per acre or fraction thereof ntaine• • hin a P rcel, until such time as the Parcel is platted or subjected to condominium form •wners wh eup n Declarant shall be entitled to nine (9) votes per Residential Dwelling in lieu o votes cre. Notwithstanding the foregoing, from and after Turnover, the Declarant shall be itled to one (1) vote for each Residential Dwelling owned.

(c) Class C. C ss mem rs sh be Owners of esi " ntial Dwellings located within the real property des ri d in Exhibi "A-2 (the "Class C ope '); provided, however, the Declarant shall not a i lass C membe W en more than o ie p rson or entity holds an interest in any Resid ntia D elling, the vote for uch Residenti Dw fling shall be exercised as such persons dete ine, • ut in no event hall more than e mber of votes hereinafter designated be cast with spec to such Reside tial • welling nor sh any split vote be permitted with respect to such Res entia Dwelling. ve Residential Dwelling within the Properties, the Owner of which is a Clas C me er, sh be ntitled to one (1) vote.

Section 3. T nover. "T urnov ' sh can the transfer of operation of the Association by t e clarant • Ow rs of r th the Declarant. The Turnover of the Association by t e -clarant shall occur t the nove meeting. The purpose of the Turnover meeting shall b to lect directors to the A sociatio . No ore than sixty (60) days and no less than thirty (30) • ays prior to the Turno er eeting, th Asso ation shall notify in writing all Class A and Class • me bers of the dat , lo ation, and urp e of the Turnover meeting. The 6 r meet! • sh II take place wit in t ree (3) mont of the occurrence of the following events, hicheve occu earliest:

(a) en 9 /o of the Residential Dwellings are conveyed to Owners, other than Declarant; or

(b) On December 31, 2020; or

(c) Declarant makes the election, in its sole and absolute discretion, to give written notic to t e Association of its decision to cause the Turnover to occur.

Notwithsta din • the foregoing, if at any time or times subsequent to any such conversion, additional land is dde by the Declarant pursuant to Article VIII hereof, such additional land shall utomatically be nd ecome Class B Residential Dwellings. In addition, if following such addition

Book8285/l'age4181 CFN#20050748867 Page 19 of 110

of land, the total votes allocable to all Residential Dwellings then owned by the Declarant shall exceed the remaining total votes outstanding in the remaining Class A and Class C membership (i.e., excluding the Declarant), then any Class B Residential Dwellings owned by the Declarant shall be entitled to nine (9) votes for each Residential Dwelling. Any such reconversion shall not occur, however, if either occurrence (ii) or (iii) above shall have taken place.

ARTICLE V

RIGHTS AND OBLIGATIONS OF OWNERS AND THE ASSOCIATION

Section 1. Responsibilities. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area, and shall keep the same in good, clean and • • ger condition, order and repair. The Association shall also maintain and care for the land d:sign:ted in Article II hereof, in the manner therein required. The Association shall be responsble •r the payment of all costs, charges and expenses incurred in connection with the operation, ad inistration and management of the Common Area, and performance of its other obligations he un • -r.

Section 2. Manager. The Association may obtain, e • loy nd pay for the services of an entity or person, hereinafter called the " na • ", to assist in naging its affairs and carrying out its responsibilities hereunder to the ent it d- - • s adv. ble, as well as such other personnel as the Association shall determine to .: necess or des able, whether such personnel are furnished or employed directly by the A • ciation by he Manager. Any management agreement must be terminable cause upon thi 30) days n • tice, be for a term not to exceed three (3) years, and be rev -wable on •on mutual co nt of th parties.

Section 3. Personal Pr • pe for Common e. The Associat • n ay acquire and hold tangible and intangible personal pr perty and m disp • se of the same sa or otherwise, subject to such restrictions, if may from time o ti e be provided th6 Association's Articles or Bylaws.

Section 4. Insurance. The ssociation at II t mes shall pro re and maintain adequate policies of public liability ins nce, s well as of er surance that it deems advisable or necessary. The Associatioi additionally • ay, in its sol discr tion, cause all persons responsible for collecting and di • rsing Ass • iation neys to be in red or bonded with adequate fidelity insurance or bond

Section Implied Ri• ts. e Ass • iatio ay exercise any other right or privilege given to it expr ssl by this Declarat • n, it Articles • r Byl s, or by law and every other right or privilege reaso abl implied from the :xist ce of an ight • privilege granted herein or therein or reasonably ece ary to effectuate the -xercise of y ght or privileges granted herein or

Section 6. C• mon Ex ens . The expenses and costs incurred by the Association in performing the righ , duties, and obi' • ations set forth in this Article, are hereby declared to be Common Expenses an hall be p by Class A and Class C members. All expenses of the Association in pe ing its es and obligations or in exercising any right or power it has under this Declaration the rticles of Incorporation or the Bylaws are deemed to be and are hereby Common Expenses.

Section 7. Lawn and Landscaping Maintenance. All lawn and landscaping maintenance in the mon Area in the Properties shall be the responsibility of the Association. Lawn maintenanc all include cutting, sprinkling, pest control, replanting and related maintenance. aintenance shall include the maintenance of landscaped areas and

Book8285/Page4182 CFN#20050748867 Page 20 of 110

shrubbery. The expense of such lawn and landscaping maintenance shall be a Common Expense.

Section 8. Sprinkling System. The Association is hereby granted a non-excusive easement over, on, under, across and through the Properties for the purpose of maintaining, repairing, replacing and operating such of the irrigation facilities as may have been or may hereafter be installed by the Declarant in connection with its development of the Properties. No easement pursuant to this Section shall exist, however, as to any portion of the Properties occupied by any building or improvement constructed by the Declarant as part of a Residential Dwelling, Common Area facility or other improvements thereon. Declarant reserves the right to install, operate and maintain irrigation and sprinkling equipment on any Common Area or within landscaped rights of way which the Association is obligated to maintain under this Declaration. The Association shall be obligated to maintain, operate, replace and repair such irrigation and sprinkling equipment at its own expense and such shall be a Co on Expense.

Section 9. Sus • ension of Use Ri • hts• Le of Fi s. he Association may suspend for a reasonable period of time the rights of an Owner or an 0 ner' tenants, guests, or invitees, or both, to use the Common Areas and facilities and may levy eas o nable fines, not to exceed One Hundred and no/100 Dollars ($100.00) per violation per da for each day of a continuing violation not to exceed One Thousand and no/100 Dollars ($1,00I 00) the aggregate, against any Owner or any tenant, guest or invitee for ai e to compl wit the provisions of this Declaration, the Articles, Bylaws or Rules and Re • ulations s omulgate • by he Association. A fine or suspension may be imposed only after giving s Owne , enan gu st or invitee at least fourteen (14) days written notice and an opportunity for a aring a • mmittee of at least three (3) members of the Association appointed by the Boar 0 0 Direc • CS o are not officers, directors, or employees of the Associates or the-spouse, parent, - • 'Id, brot r, or sister of an officer, director or employee. The co mittee must a rove a propose 4 e or suspension by a majority vote. No suspension of the rig o us e Co mon Area shall i pai the right of an Owner or Owner's tenant to have ve ar ingress t and • ress from such wn is Residential Dwelling, including, but not limite , t e right to park. The allure to pay fin all subject the Owner to any and all remedies aila•le to the Associatio

Section 10. Master As ociati 's Duty to aint. in Surface er Management System. The Surface Water Manasemen System wit in • in proximity to VISTA CAY AT HARBOR SQUARE will be maintained d op ated, a • in ome cases, owned, by the Master Association as permi • y t FWMD. The cos s of t operation and maintenance of the Surface Water Ma' agement Syste shall e pa aster Association common expenses. Notwithstanding t e fo going, e SF MD ha the ht to take enforcement action, including a civil action for in unc on and pena es a inst th= Mas r Association to compel it to correct any outstanding pro le s with the Surfa Wa r Manas emen System facilities or in mitigation under the responsibilit or ontrol of Master soci tion.

Section 1. Waterbodies. El HER THE D RANT NOR THE ASSOCIATION, Y REP ESE TATION CON ER ING THE CURRENT OR FUTURE WATER LEVELS OF TH WA RBODIES IN ISTA CAY AT HARBOR SQUARE; PROVIDED, FURTHER, THE D LAR T E ASSOCIATION BEAR ANY RESPONSIBILITY IN ATTEMPT TO ADJU OR MODIF THE WATER LEVELS SINCE SUCH LEVELS ARE SUBJECT TO ONA DWATER AND RAINFALL FLUCTUATIONS THAT ARE BEYOND THE OL OF THE DECLARANT AND THE ASSOCIATION. BY ACCEPTANCE OF A DEED TO SIDENTIAL DWELLING, EACH OWNER ACKNOWLEDGES THAT THE WATER LEVELS ALL WATERBODIES MAY VARY. THERE IS NO GUARANTEE BY DECLARANT OR OCIATION THAT WATER LEVELS WILL BE CONSTANT OR AESTHETICALLY SING AT ANY PARTICULAR TIME; AT TIMES, WATER LEVELS MAY BE NONEXISTEN DECLARANT AND ASSOCIATION SHALL NOT BE OBLIGATED TO ERECT FENCES ES, OR WALLS AROUND OR ADJACENT TO ANY WATERBODY WITHIN VISTA T HARBOR SQUARE. NO FENCE OR OTHER STRUCTURE MAY BE

Book8285/l'age4183 CFN#20050748867 Page 21 of 110

PLACED WITHIN ANY LAKE MAINTENANCE EASEMENT. SWIMMING AND/OR BOATING WILL NOT BE PERMITTED IN ANY WATERBODY. NO PRIVATE DOCKS MAY BE ERECTED WITHIN ANY WATERBODY WITHIN VISTA CAY AT HARBOR SQUARE.

ARTICLE VI

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation for Assessments. The Declarant, for each Residential Dwelling within the Properties, hereby covenants, and each Owner of any Residential Dwelling by acceptance of a deed or other conveyance thereto, whether or not it shall be so expressed in such deed or conveyance, is deemed to covenant and agree to pay to the Association: (1) Installment Assessments or charges and charges for Common Expenses; (2) Special Assessments for the purpose of defraying, in wh • or in part, the cost of any construction, reconstruction, repair or replacement of capital i pro ements, including fixtures and personal property related thereto, or for the purpose of defra ng, whole or in part, any other costs authorized by this Declaration; (3) Individual Assessmen or harges against a particular Residential Dwelling as may be provided by the terms of this D clar tion; (4) Special Use Fees charged in connection with the use of the Club Facilities; and, ap • licable (5) Neighborhood Assessments against all Residential Dwellings in a Neighbor ood to fund Neighborhood Expenses. Such assessments and charges, .ge r with inte est, costs and reasonable attorneys' fees, shall be a charge on the land an hall be len upo the • roperty against which such assessment is made. Each such assessment • charge, • • eth : r wi interest, costs, and reasonable attorneys' fees shall also be the personal oblig . • n of the • - son who was the Owner of such property at the time when the assessment fell due. /- ---\ Section 2. Pur ose of Assessments. Th assessments le d b the Association shall be used to promote the recr atio , healt safet , and welfare of e sidents of the Properties, and for the improvement an • maintenanc of the Common Area nd t e carrying out of the other responsibilities and ns of the Asso iatio under this Decl rati • n, the Articles and the Bylaws. Without limitin the ge erality of the for goin to, such funds ay • e used for the acquisition, improvement and ma tenan •e of Properties, ervii es and fad ' 'es r ated to the use and enjoyment of the Common Arta,a, inc ding the costs of epair, replace nt and additions thereto; the cost of labor, equipme , m rials, man. .e nt and supervision thereof; the payment of taxes and assessments ma or I 'ed a st e Common Area; the procurement and maintenance of i rance; employ ent of attorney , accountants and other professionals to represent the ssocia n when ecess ry or • ul; the maintenance, landscaping and beautification of tr e C mon a an • uch p • lic la ds as may be designated by the Declarant or the Associati • ;t e employmen of se • rity pe onne o provide services which are not readily available from Y g vernmental au • rity;y, nd such ther reds as may arise.

Section 3. Installment Ass SS ents for Co mo Expenses.

tandard Incr as s. The Installment Assessment for Common x • - • : es shall be set b the Boar• of 'rectors. The Installment Assessment for Common Expenses may be inc ased ear a majority vote of the Board of Directors not more than fifteen percent (15%) ab e the Instal ent Assessment for the previous year.

Special Increases. The Installment Assessment for Common Expenses may be increase • abo e the increase permitted by subsection 3(a) above by the approval of (i) a majority of the Bo rd; a d (ii) sixty six and two-thirds (66 2/3%) percent of the Voting Interests (in person or by proxy) at a • uly noticed meeting of the members in which there is a quorum present.

(c) Duty of Board to Fix Amount. The Board of Directors may fix the Installment Asses : me for Common Expenses at an amount not in excess of the limitations on he Installment ses ment rate established in this Section.

Book8285/l'age4184 CFN#20050748867 Page 22 of 110

Section 4. Special Assessments. In addition to the Installment Assessments authorized above, the Association may levy, in any fiscal year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, including fixtures and personal property related thereto, or for the purpose of defraying, in whole or in part, any other costs authorized by this Declaration. No vote of the Voting Interests shall be required for such Special Assessments, and such Special Assessments may be established by the Association, from time to time, and shall be payable at such time or time(s) as determined by the Association. So long as the Declarant holds title to any Residential Dwelling, no Special Assessments shall be imposed without the prior written consent of the Declarant.

Section 5. Notice of Meeting and Quorum for Any Action Authorized Under Sections 3. Written notice of any members' meeting called for the purpo of taking any action authorized under Section 3 of this Article shall be sent to all members no es than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meet' g, t e presence of members or of proxies entitled to cast thirty percent (30%) of all the votes membership shall constitute a quorum. If the required quorum is not present, another meet' y be called subject to the same notice requirement, and the required quorum at the su -nt meeting shall be the presence of members or of proxies entitled to cast ten perce 1%) of all the votes of membership. No subsequent meeting shall be more than ixty 60) days following the preceding meeting.

Section 6. Declarant's Common Ex sense Ln otwithstanding any provision of this Declaration or the Association's Articles o =ylaws the contrary, prior to Turnover, the Declarant shall not be obRgate-cifot;nor subject to a t Assessment for any Residential Dwelling which it may own, provided I :clarant shall be le for paying the difference between the Association's xp ses o • •erat otherwise to be d by Installment Assessments and the amount receiv d rom Owner , othe than the Declara ayment of the Installment Assessments levied ns their Class A nd ass C Residenti ellings. Such difference shall be called the ",Defic en, y," and shall n• Inc de any reserv- replacements, operating reserve, depreciation r- erves, capital expendit es, ndividual A :nts, or Special Assessments. The Declarant ma at an time, give thi (3.) days prior en notice to the Association terminating its responsibi for e Deficiency an waiving its right to exclusion from Installment Assessments. Upon giving uch •tice, or on urnover, whichever is occurs first, each Residential Dwe own - • sy Decl ant sha ereaf r be assessed at twenty-five percent (25%) of the Install, ent Assessme establi ed fo - • • ential Dwellings owned by Class A and Class C member . D arant gall not •e resp • nsibl for any reserve for replacements, operating reserves, depr:ciat n reserves, capita I expe • ditur Individual Assessments, or Special Assessments. Suc assessment s all b prorat -• as t • the remaining months of the year, if applicable. De lar nt shall be asses ed o ly for Re 'denti Dwellings which are subject to the operation of thi Declaration. Upon tra sfe of title of a "es'. - ntial Dwelling owned by Declarant, sidential Bwel 'ng shall be asse sed in the amou stablished for Residential Dwellings y Owne other than the De•lara t, prorated as of and commencing with, the month g the date • f tra fer of title. No ithstanding the foregoing, any Residential Dwellings from which the Decl ant de ' re al income, or holds an interest as mortgagee or contract seller, shall be assess - 9 at the sam amount as Residential Dwellings owned by Owners other than the Declarant • rorate nd commencing with, the month following the execution of the rental agreeme ortgage, or the contract purchaser's entry into possession as the case may be.

Section 7. Exemption from Assessments. The assessments, charges and liens provided for or cre y this Article shall not apply to the Common Area, any property dedicated to and accepted f ntenance by a public or governmental authority or agency, any property owned by a publ' rivate utility company or public or governmental body or agency, and any roperty owned aritable or non-profit organization.

Book8285/l'age4185 CFN#20050748867 Page 23 of 110

Section 8. Date of Commencement of Installment Assessments: Due Dates. The Installment Assessments for Common Expenses shall commence as to all Residential Dwellings subject thereto upon the conveyance of the first Residential Dwelling from the Declarant to its purchaser. Subject to Section 6 above, the Installment Assessments for any land hereafter annexed or added to the Association pursuant to Article VIII hereof shall commence: (i) as to such Residential Dwelling as are within the annexed area as of the date of annexation, on the first day of the month following annexation; and (ii) as to such Residential Dwelling completed within the annexed area after the date of annexation, on the first day of the month following issuance of a certificate of occupancy therefore. The first Installment Assessment against any Residential Dwelling shall be adjusted and prorated according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the Installment Assessment for Common Expenses against each Residential Dwelling not later than December 1st of each calendar year for the following calendar year, unless otherwise • -termined by the Board. Written notice of the Installment Assessment for Common Expenses al be sent to every Owner subject hereto. The Board may from time to time determine when t e In taliment Assessments will be collected by the Association (i.e. monthly, quarterly, or annually U ess otherwise established by the Board of Directors, Installment Assessments for Common xpe ,ses shall be collected on a quarterly basis. The due date for Special Assessments shall be as = tablished by the Board of Directors.

Section 9. Lien for Assessments. All sum ssessed to a y Residential Dwelling pursuant to this Declaration, including those owne S . the De ant, t • get er with interest and all costs and expenses of collection, including reasonable ttorneys e s, s all be secured by a continuing lien on such Residential Dwelling in favor of the As • ciation. he en for assessments provided for herein shall be subordinate,tolb-eilerof any first mo 111e whic is given to or held by an Institutional Lender, or which is 2 uaranteed or in red by the FN FHA • r VA. Except for liens for all sums secured by a first o •age vor o an Institutional L der all other lienors acquiring liens on any Residential w ing after th- reco •ation of this De arat • n in the public records of Orange County shall • = seemed to consen that uch liens shall b inf rior to liens for assessments, as provided he in, h ther or not suc co sent is specifi ally et forth in the instruments creating such lien The -cordation of th Declaration in he p blic records of Orange County, Florida, shall co titute constructive no ice o all subseq purchasers and creditors of the existence of the lie here created in favor of the Association and the priority thereof. The lien for assessments pr. ided 'erein is -ffec ive from and after the recording of such lien in the pub recor• of Oran Coun • • ut all relate back to the date that this Declaration was r orded. The ociati • may s against any Owner, as an Individual Assessment, the cos of co tion in ncurre • in co • nection with the collection of assessments, or any other costs i curred by the sso ation in onn tion with the enforcement of the terms of the Declaration ag nst an Owner.

Sectio 10. Effect of Non av ent of Ass =ssm ts; Remedies of the Association. sments a d in tallments on suc as essments pai. •n or before the date when due, shall not be interest, but I sums not pai • on or before the date when due shall bear interest at the eighteen ( 8%) rcent per nu (or the maximum allowable rate by law, whichever is greater) from the da when til p d and there shall also be assessed as an administrative late fee in an amoun ot to excee • the greater of $25.00 or 5% of each installment of the assessment for e h delin • stallment that the payment is late. All payments on accounts shall be first pli d to fines, then to interest accrued by the Association, then to any administrative la e fe then to costs and attorneys' fees, and then to the delinquent assessment payment first du: . T e Association may bring an action at law against the Owner personally obligated to pay t e sa e, or foreclose the lien against the Residential Dwelling. No Owner may waive or otherwis es ape liability for the assessments provided for herein by non-use of the Common Area or ban onment of his Residential Dwelling.

Book8285/Page4186 CFN#20050748867 Page 24 of 110

Section 11. Foreclosure. The lien for sums assessed pursuant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed under Florida law. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorneys' fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any assessments against the Residential Dwelling which shall become due during the period of foreclosure, and the same shall be secured by the lien foreclosed and accounted for as of the date the Owner's title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to acquire the Residential Dwelling foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof. In lieu of foreclosing its lien, the Association, at its election, shall have the right to collect amounts due it by suit for collection brought against the Owner personally obligated for payment.

Section 12. Homestead. By acceptance of a de d t ereto, the Owner and spouse thereof, if married, of each Residential Dwelling shall be dee ed t • have waived any exemption from liens created by this Declaration or the enforcement the eof • y foreclosure or otherwise, which may otherwise have been available by reason of the ho este d exemption provisions of Florida law, if for any reason such are applicable. This Section is of in ended to limit or restrict in any way the lien or rights granted to the Association by this Declar ion, ut to be construed in its favor.

Section 13. Subordination of the Lien • ort II a• Th lie of the assessments provided for herein shall be subordinate to the lien of an st MO " whi h is given to or held by an Institutional Lender, or which is guaranteed or insure • 9 the A o VA. The sale or transfer of any Residential Dwelling pursdiritTo—foreclosure of s h a first mortgage or any proceeding in lieu thereof, shall extin ish the lien o uch assessmen s to payments which became due prior to such sale or t ans r. o ale o transfer shall relive ch Residential Dwelling Owner from liability for a ssessments here ter becoming d 0 from the lien thereof. The Association shall, 4 • n ritten request, epo to any such Fi st ortgagee of a Residential Dwelling any asses men maining unpai • for a period longer an irty (30) days after the same shall have becom due, d shall give suc Fir t Mortgage a per' d of thirty (30) days in which to cure such delin • . ency efore institutin for closure proc • ings against the Residential Dwelling; provided, howe r, tha such First M rtga ee first shall have furnished to the Association written notice of the exist ce 0 its mo age which notice shall designate the Residential Dwelling umbe 9 by a p per leg descr • tion and shall state the address to which notices purs nt to this Sectio are to 8 e giv y such First Mortgagee holding a lien on a Residential Dw ling ay pa , •ut sh I not b requi d to pay, any amounts secured by the lien created by this icl VI. Mortgag ar not re • ired t • collect assessments.

Section 14. Individual Ass• ssm nts. An cost • expense required to be paid by an Owner related olel to such Owner o its esidential m welli g, and any and all other accrued, ed indeb edn s of any Owne to he Associati • arising under any provision of this on or an app 'cable future D clar :tion, including any indemnity contained herein, or by express o imply or beca e any act or omission of any Owner or of any Owner's family, household m bers • • es, Iso shall be assessed by the Association against such Owner's Residential D ling after su Owner fails to pay the same when due or upon demand and such default c tinues 30) days after written notice._

Section Certificate of Amounts Due. The Association shall upon demand, and for a reasonable cha rnish a certificate signed by an officer of the Association setting forth whether the asse is on a specified Residential Dwelling have been paid. A properly executed certificate e Association as to the status of assessments on a Residential Dwelling shall be binding up Association as of the date of its issuance.

Book8285/l'age4187 CFN#20050748867 Page 25 of 110

Section 16. Uniform Rate of Assessment. Installment Assessments shall be uniform for all Residential Dwellings in a designated class. Special Assessments shall be fixed at a uniform rate for all Residential Dwellings and may be collected on such frequency as determined by the Board of Directors.

Section 17. Cable Television. Declarant may, but shall not be obligated to, coordinate and establish an agreement with one or more cable television service companies for the provision of cable television services to the community and all Residential Dwellings included therein. If such agreement is established, the fees for the cable television service payable to the service provider shall be a Common Expense payable by the Association and shall be included within the annual budget for which the Installment Assessments are levied each year. No Owner may avoid or escape liability for any portion of the Installment Assessments by election not to utilize the cable television service.

Section 18. Visual Security. Declarant may, but all of be obligated to, coordinate and establish an agreement with one or more cable television ervi companies for the provision of a visual security service channel to the community and idential Dwellings included therein. If such agreement is established, the fees for the visual ecu ity service channel payable to the service provider shall be a Common Expense payable b the Association and shall be included within the annual budget for which the Installment Asse me ts are levied each year. No Owner may avoid or escape liability for any po o of the Install nt • ssessments by election not to utilize the visual security service channel.

Section 19. Community Bulletin Board. Dec nt may, t sha not be obligated to, coordinate and establish an agreement with one or more cab elevis se ice companies for the provision of a community bulletinzlkiard channel to the co unity a d all Residential Dwellings included therein. If such a • eement is esta *shed, the fees f • he c 0 mmunity bulletin board channel payable to the serve e ovider all b a Common Exp nse • ayable by the Association and shall be included wit in he annual b 6 • get 0 r which the Insta me t Assessments are levied each year. No Owner - .y void or escap liabi • y for any portio of he Installment Assessments by election not to tilize th community bull tin board channel.

Section 20. Pro • e es. ecause the in ere t of each Ow in the Common Area is an interest in real property . • purt ant to each es dential Dwelling, and because no person other than an Owner has the n 0 t to e benef' lal se and enjoyment of the Common Area, Declarant inten I at the .lue of t interes of eac Owner in the Common Area entitled to its use be inclu•- d in the assess ent of ch s esidential Dwelling for local property tax purposes. Declar t f her in ds th any a ess nt for such purposes against the Common Area shall be f• a ominal amo t onl reflec g th the full value thereof is included in the several assess en of the various esid ntial Dw lings. If the local taxing authorities refuse to so assess the om on Area with th res It that loc real a roperty taxes in any given year are assessed to th As • ciation with resp ct to the Comm Ar , then the amount of such excess special! ass sed by the Boar of irectors, in its cretion, in the following manner: the amount of such xces with respect 'o t Common Area shall be divided by the number of tial Dwellin s wit • the Prop rty, nd the quotient shall be the amount of such Individual Assessment agains each tial I welling. In the Board's discretion, such Individual Assessment may be : able in a p sum within thirty (30) days after notice or may be amortized without erest o r s o ch number of months as the Board deems advisable. Each year the Board determine whether such Individual Assessment shall be levied, and its amount, within • fi e (45) days after receiving notice of the amount of taxes due. Such Individual Assess s not an increase in the Installment Assessment subject to the limitations of this Article.

Section 21 Acceleration of Assessments. In the event of nonpayment of any assessment on o re the date when due, at its option, the Association may accelerate the Installment Ass ts due to the end of the budget year, regardless of whether Installment

Book8285/15age4188 CFN#20050748867 Page 26 of 110

Assessment installments are not yet due and payable, whereupon the entire budget year's Installment Assessments shall be immediately due and payable, and, at its option, the Association may declare all other sums, including Special Assessments, Individual Assessments, fines, interest and administrative late fees, immediately due and payable.

Section 22. Working Capital Contribution. There shall be a working capital contribution fee of Five Hundred and no/100 Dollars ($500.00), which fee shall be paid by each Owner that purchases a Residential Dwelling from the Declarant. The working capital contribution shall be paid at the time of closing and transfer of title on their Residential Dwelling and shall be used by the Association to establish an initial reserve account or to be used for any normal operating expenses of the Association. Amounts paid as working capital contributions are not to be considered as advance payments of regular Installment Assessments.

Section 23. Resale Capital Contribution. There hall be collected upon every conveyance of an ownership interest in a Residential Dwelling .y a Owner other than Declarant a resale capital contribution (the "Resale Capital Contribution') in the amount of one hundred No/100 Dollars ($100.00) payable to Association. The Resale Capital Contribution shall not be applicable to conveyances from Declarant. After the Residentia Dw ling has been conveyed by Declarant, Resale Capital Contribution shall be a recurring ass sm nt payable to Association upon all succeeding conveyances of a Residential Dwelling. The mo nt of the Resale Capital Contribution and the manner of payment shall be • - - fined by res • lutio of the Board from time to time; provided, however, all Residential Dwe ngs sha •e asses ed uniform amount. The Resale Capital Contribution shall be paid at the -4: of clo - • a • tr sfer of title on their Residential Dwelling and shall be used by the Association • establi a initi: I reserve account or to be used for any normal operating expenses of the Asso tion. mou ts paid as Resale Capital Contribution are not to be consider as advance payments • regular a sessments.

Section 24. Bud • etin • . d ocati Nei 0 orhood Ex • ense he Board may prepare a separate budget coy 11 the esti ted eighborhood pe ses for each Neighborhood on whose behalf hborhood Expens s ar expected to be incu red during the coming year. The Association her b authorized to le Ne hborhood Ass ssm nts against all Residential Dwellings in a Neigh rhood to fund Neighbor 00 • Expenses. ach s ch budget shall include any costs for additional s rvice and any contri • uti n to be mad • a reserve fund adopted by the Board. The budget s als a reflect the s • UrC s and estimated amounts of funds to cover such expenses, which may clude ny sun• S t be applied from prior years, any income expected fro • ources • er than ssessmen s, a • the amount required to be generated through the levy of eighborhood a a Speci Asse ts in such Neighborhood.

Section 5. Special e Fe . The ssoci tion shall have the right to establish from time to time, •y r solution, rule or regu tion, or • y de gation to the Club Manager, specific charges, ticket, se ice and/or use fe an charges "Spec' I Use Fees"), for which one or more Owners (but I- s t an all Owners) a su • ject, such s, c • sts of special services or facilities d to an wne relating to the special use of the CI • acilities, including the Clubhouse, or r shows, spec' -I events, or pe or ances held in the Clubhouse which are paid initially by ociation. ecia se Fees shall • e payable at such time or time(s) as determined by the Board. Without limi g the g, ners shall be charged Special Use Fees for the use of vending machines, vid arcade ma nes and entertainment devices. Association shall have no duty to account fo ny Spe e Fees; all of such Special Use Fees shall be the sole property of Association II not offset or reduce the Installment Assessment payable by Owners. For those programs nts, if any, for which tickets are sold, Association may adopt Rules and Regulations as to ment of the tickets as Association Owner deems necessary.

Book8285/Page4189 CFN#20050748867 Page 27 of 110

ARTICLE VII

ARCHITECTURE AND LANDSCAPING

Section 1. Members of the Architectural Review Committee. The ARC shall consist of three (3) members. The initial members of the ARC shall consist of persons designated by the Declarant from time to time and so long as the Declarant owns a Residential Dwelling, the Declarant shall have the right to appoint the members of the ARC. Each of said persons shall hold office until all Residential Dwellings planned for the Properties have been conveyed, or sooner at the option of the Declarant. Thereafter, each new member of the ARC shall be appointed by the Board of Directors and shall hold office until such time as such person has resigned or has been removed or a successor has been appointed, as provided herein. Members of the ARC may be removed at any time without cause. The Board of Directors shall have the right to appoint and remove all members of the ARC.

Section 2. Purpose and Function of ARC. The urp 0 se and function of the ARC shall be to (a) create, establish, develop, foster, maintain, prese ve a d protect within VISTA CAY AT HARBOR SQUARE a unique, pleasant, attractive and ha mon ous physical environment grounded in and based upon a uniform plan of development a d co struction with consistent architectural and landscape standards, and (b) review, approve an con of the design of any and all buildings, structures, signs and other improvem nts • any kind, n ture r description, including landscaping, to be constructed or installed upon Properti and all om on Area within VISTA CAY AT HARBOR SQUARE. Neither the Declaran r the Or any f its members, shall have any liability or obligation to any person or party who oever o ats ver to check every detail of any plans and specifications or other materials sub ' -d to and a proved by it or to inspect any improvements constructed on Proidert'es or Commo rea to sure compliance with any plans and specifications appr•ved b it or to a ure compliance • the rovisions of the Design Review Manual for VISTA CA A ARB• RE or this Declar tion.

Section 3. All Im r e Its Subject to •pro I. No building-, str ctures, walls, fences, pools, patios, paving, drivew s, sidewalks, igns, landscaping, plan ing, irrigation, landscape device or object, or o er im • rovements of a y ki d, nature o des iption, whether purely decorative, functional or of rwis shall be corn en ed, construct 0, erected, made, placed, installed or maintained upon a of t Properties • r C • mmon Area, nor shall any change or addition to or alteration or remodeli • of t exter' • r of any previously approved buildings, structures, or other I • • roveme of any ind, including ithout limitation, the painting of the same (other than p intin • 'th the s e col and V4 of paint which previously existed) shall be made or unde ke upon a• Pro erties •r C. mon area except in compliance and conformance wi a d pursuant to •lans and sip:- ifica •ns therefor which shall first have been submitted to an • re iewed and appro ed in writing b the A C.

Section 4. Standards for "evi w and A • • r• al. ny such review by and approval or • isa val of t e A shall take into cc unt the objects 1nd purposes of this Declaration and the pur oses an• func '•n of the ARC. Su h review by and approval of the ARC shall also take in o count and lude e type, k' d, ture, design, style, shape, size, height, width, length, scale, color, quality, • uantity, re a • materials of the proposed building, structure or other improvement under rev' , boh in entirety and as to its individual or component parts, in relation to its co tibility an • armony with other, contiguous, adjacent and nearby structures and other impro eme ts and in relation to the topography and other physical characteristics of its proposed locatio an in relation to the character of VISTA CAY AT HARBOR SQUARE community in gen ral. The ARC shall have the right to refuse to give its approval to the design, placement, constr ctio , erection or installation of any improvement on Properties or Common Area which it, in s s • le and absolute discretion, deems to be unsuitable, unacceptable or inappropriate for V TA CAY AT HARBOR SQUARE.

Book8285/Page4190 CFN#20050748867 Page 28 of 110

Section 5. Design Standards and Design Review Manual for VISTA CAY AT HARBOR SQUARE. The ARC shall develop, adopt, promulgate, publish and make available to all Owners and others who may be interested, either directly or through the Association, at a reasonable charge, and may from time to time change, modify and amend, a manual or manuals setting forth detailed architectural and landscape design standards, specifications and criteria to be used by the ARC as a guide or standard for determining compliance with this Declaration and the acceptability of those components of development, construction and improvement of any Properties or Common Area requiring review and approval by the ARC. Until the Declarant's delegation of the architectural and landscape review and control functions to the Association, any such Design Review Manual must be approved by the Declarant in writing prior to its adoption and promulgation. Any such single Design Review Manual or separate Architectural Design Standards Manual and separate Landscape Design Standards Manual may include a detailed interpretation or explanation of acceptable standards, specifications and criteria for a number of typical design elements, including, without limitation, site plan •, architectural design, building materials, building construction, landscaping, irrigation, and uch other design elements as the ARC shall, in its discretion, determine. Such Design Review an, al shall be used by the ARC and other affected persons only as a guide and shall not be bi ding upon the ARC in connection with the exercise of its review and approval functions and ultima e ap• royal or refusal to approve plans and specifications submitted to it pursuant to this Declaratio

Section 6. Procedure for Review. r to obtain t e ap• royal of the ARC, each Owner shall observe the following:

(a) Each applicant shall submit an ap 'cation AR with respect to any proposed improvement or material change in an improve nt, to • - he with the required application(s) and other fee(s) as establISh1r ec yt- he ARC. The a Si• ications hall include such information as may be required by th application for dopted by the • .T e ARC may also require submission of samples of bti din aten and • lors proposed to • e u ed. At the time of such submissions, the applicant ha , if requeste• sub it to the ARC, s ch sle plans, plans and specifications for the propos * m • rovement, pre red nd stamped by re • istered Florida architect or residential designe , an• la dscaping and i igati•n plans, prep red 0 y a registered landscape architect or designe showi • all existing tr es nd major ®• eta on stands and surface water drainage plan showi • exi ing and proposed •esign grades, ntours relating to the predetermined ground floor finis elev 'on, and spe' if ic tions and the times scheduled for completion, all as reasonably specified • the C.

(b In the eve the ormat •- bmitted to the ARC is, in the ARC's opinion, incompl to insu ent in any nner, the ARC may request and require the submission of diti nal or suppl- enta inform ion. he Owner shall, within fifteen (15) days thereafter, com ly ith the request.

(c) No later than lirty (30) days a er r ceipt of all information required by C for fina revi w, the ARC shall app ove or deny t application in writing. The ARC shall right t • ref e to approve any plans and specifications which are not suitable or le, in the • RC's sole discretion for aesthetic or any other reasons or to impose qualifications and co • itions In pproving or disapproving such plans and specifications, the ARC shall consider e suitabili the proposed improvements, the materials of which the improvements are be bui , ite upon which the improvements are proposed to be erected, the harmony th ith the surrounding area and the effect thereof on adjacent or neighboring property. In the the ARC fails to respond within said thirty (30) day period, the plans and specifications sha eemed disapproved by the ARC.

(d) Construction of all improvements shall be completed within the time period set forth in t plication and approved by the ARC.

Book8285/Page4191 CFN#20050748867 Page 29 of 110

(e) In the event that the ARC disapproves any plans and specifications, the applicant may request a rehearing by the ARC for additional review of the disapproved plans and specifications. The meeting shall take place no later than thirty (30) days after written request for such meeting is received by the ARC, unless applicant waives this time requirement in writing. The ARC shall make a final written decision no later than thirty (30) days after such meeting. In the event the ARC fails to provide such written decision within said thirty (30) days, the plans and specifications shall be deemed disapproved.

(f) Upon disapproval, the applicant may appeal the decision of the ARC to the Board within thirty (30) days of the ARC's written review and disapproval. Review by the Board shall take place no later than thirty (30) days subsequent to the receipt by the Board of the Owner's request therefor. If the Board fails to hold such a meeting within thirty (30) days after receipt of request for such meeting, then the plans and specifications shall be deemed disapproved. The decision of the ARC, or if appealed, the B. rd of Association, shall be final and binding upon the applicant, its heirs, legal representatives, uck essors and assigns.

Section 7. Duration of Approval. Any approval pla s, specifications and other materials, whether by the ARC or by the Declarant or the Boar • of irectors of the Association following appeal as provided in these Articles, shall be effective f • r a • - Hod of one (1) year from the effective date of such approval. If construction or installation of he • ilding, structure or other improvement for which plans, specifications and •t' materials h ve • een approved, has not commenced within said one (1) year period, suc approva all expi a no construction shall thereafter commence without a resubmission and a oval of pla • - cifications and other materials previously approved. The prior approval sh not be • ding upon the ARC on resubmission in any respect.

Section 8. Interior Alter ons Exempt. othing containe • thi Article shall be construed so as to require the subm sio to or rova f the ARC of an •Ian , specifications or other materials for the reconstru• do or alteratio of th interior of any • ildi g, structure or other improvement constructed • Pr 0 perties or Co mon Area after havi g b en previously approved by the ARC, unless y •sed interior con truct n or alteratio will ave the effect of changing or altering the exten • app rance of such b ildin , structure • oth r improvement visible from the exterior of the Resi. ntial welling.

Section 9. Declarant Exe t Th: Declar II be exempt from compliance with the provisions of this c e.

Section 1 Exca-ation fo A ro I or 'Disapproval of Plans. The Declarant, any and all member of e ARC and y an • all offi rs, directors employees, agents and members of the Associat on, hall not, either 'ointl or seve Ily, liable or accountable in damages or otherwise to a y 0 ner or other per on • r party whomsoever or whatsoever by reason or on account of any deci ion, approval or isap • royal of an pla , specifications or other materials iced to be s bmi ed for review an ap •royal pursuan the provisions of this Article, or for ke in ju • • me negligence, sance or nonfeasance related to or in connection with h decision, ppro I or disapp al Each person who shall submit plans, specifications or other materials to th RC fo approval pursuant to the provisions of this Article, by the submission thereof, an acquiring title to any Residential Dwelling or any interest therein, shall be deemed to • reed that he or it shall not be entitled to and shall not bring any action, proceed' suit against the Declarant, the ARC, the Association nor any individual member, officer, or, employee or agent of any of them for the purpose of recovering any such damages o r relief on account of any such decision, approval or disapproval. Additionally, plans, ifications and other materials submitted to and approved by the ARC, or by Declarant or Bo f Directors of the Association on appeal, shall be reviewed and approved only as to their co ce with the provisions of this Declaration and their acceptability of design, style, materials, rance and location in light of the standards for review and approval specified in thi aration and the Design Review Manual, and shall not be reviewed or

Book8285/l'age4192 CFN#20050748867 Page 30 of 110

approved for their compliance with any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither the Declarant, the ARC, the Association, nor any individual member, officer, director, employee or agent of any of them, shall assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction of any building, structure or other improvement, constructed, erected, placed or installed pursuant to or in accordance with any such plans, specifications or other materials approved pursuant to this Article.

ARTICLES VIII

LAND USE PLAN

Section 1. Land Use Plan of Development. The I larant has on file at its business office, presently located at 4901 Vineland Road, Suite 500, • rlan •o, FL 32811, and on file with Orange County Planning and Zoning Department, a copy of e L nd Use Plan of development (the "Land Use Plan") for the land which is subject to this De aration, showing a general indication of the size and location of developments; the approxim to s e and location of Common Area; and the general nature of any proposed Common Area fac' ities and improvements. Such Land Use Plan shall not bind the Declarant to make any such Co m • Areas or adhere to the Land Use Plan. Such Land Use Plan may be a n • . or modifie by t e Declarant, in whole or in part, at any time, or discontinued. As used h- -in, the = m "Lan Use Plan" shall mean such general plan of development together with any am ments MO • 'fica ons thereof hereafter made.

Section 2. Deed Flestricti s. In a • 5 tion to this De ration, e Declarant may record for parts of the Properties ad tional •seed rest tions applicable ret either by master instrument or individually recorded i str ents. ch d d restrictions m va as to different parts of the Properties in accordance ith the Dec rant' development pl n a d the location, topography and intended use o I nd made subje, t the eto. To the ex ent hat part of the Properties is made subject to such a•ditional deed re tricti ns, such Ian • sha be subject to additional deed restrictions and is Dec ration. The As oci tion shall ha e th duty and power to enforce such deed restrictions i expre sly provided fo th rein, and to e cise any authority granted to it by them. Nothing contai ed in is Declarati ns all require the Declarant to impose uniform deed restrictions or to impose a dition deed stric ions of any kind on all or any part of the Properties.

Section Withc11awal. nythi her in to the contrary notwithstanding, the Declarant rese es he absolute r ht to mend is D laration at any time, without prior notice and without th consent of any pers or tity, for e IDu e ose of removing certain portions of the Properties fro the provisions of this ecl ration; pro ided, at, the Declarant holds title to such portion of the Pro o erties. The Ass ciat on shall h e • right to withdraw land from the Pro es.

nexation.

dditions to ro erties and Land Use Plan

(1) Additions to the Properties. Additional land may be brought within the jurisdi•tion nd control of the Association in the manner specified in this Section 4 and made subject to a I the terms of this Declaration as if part of the Properties initially included within the terms hereof, ed such is done within twelve (12) years from the date this instrument is recorded. Notwith ing the foregoing, however, under no circumstances shall the Declarant be required to m uch additions, and until such time as such additions are made to the Properties in the er hereinafter set forth, no other real property owned by the Declarant or any other pers arty whomsoever, other than the Properties, shall in any way be affected by

Book8285/l'age4193 CFN#20050748867 Page 31 of 110

or become subject to the Declaration. Any land which is added to the Properties as provided in this Article shall be developed only for use as designated on the Land Use Plan, subject to Declarant's rights to modify. All additional land which pursuant to this Article is brought within the jurisdiction and control of the Association and made subject to the Declaration shall thereupon and thereafter be included within the term "Properties" as used in this Declaration. Notwithstanding anything contained in this Section and in said Land Use Plan, the Declarant neither commits to, nor warrants or represents, that any such additional development shall occur.

(2) Land Use Plan of Development. The Declarant has heretofore submitted to the Orange County Planning and Zoning Department a plan of development (the "Land Use Plan") for the land which may become subject to this Declaration, showing a general indication of the size and location of additional developments which may be added in subsequent stages and proposed land uses in each; the approximate size and location of Common Area for each stage; and the general nature of any proposed Common ea facilities and improvements. Such Land Use Plan shall not bind the Declarant to make ch additions or adhere to the Land Use Plan. Such Land Use Plan may be amended or m by the Declarant, in whole or in part, at any time, or discontinued.

(b) Procedure for Makin. Additions to the erties. Additions to the Properties may be made, and thereby become subject to this Decl by, and only by, one of the following procedures:

(1) Additions in Accor an of Develo ment. The Declarant shall have the right from time to time in its ut need for consent or approval by either the Association or its members, to bring tion and control of the Association and make subject to therstherne-ofthis Declaration nd, provided that such additions are in accordance wit the Land Use 'Ian or any amen or modifications thereof.

(2) er . Upon a mer r Or onsolidation of t Association with another non-profit corporation S pr • ed in its Article its • roperty (whet , personal or mixed), rights and obligations ay, b operation of la , b transferrer e surviving or consolidated corporation or, altern tively, the property, ri hts and obligation •f the other non- profit corporation may, by operation o law, added to th pr • perty, rights and obligations of the Association as the surviving corporatio purs nt to er er. The surviving or consolidated corporation may adm. • er the venant and res actions stablished by this Declaration within the Properties tog er with the co nants nd re • ns established upon any other land as one scheme. N suc merge r con lidatio ho ver, shall affect any revocation, change or addition to the c ve nts establish d by is Dec ration ithin the Properties. No such merger or consolidation s all • e effective unles app • ved by a m ority of the Board; and (ii) sixty six and two-thirds (66 /3°/ percent of the otin • Interests in p son or by proxy) at a duly noticed meeting of the em • ers in which there is a • uorum pres nt.

General Provis ons Regarding Additions to the Properties.

(1) T-h6 ad ions authorized under Section b(1) of this Article shall be made by the Declar t filing of re •rd a Supplement to Declaration of Covenants, Conditions and Restrictions respe e additional land extending the scheme of the covenants and restrictions of t is D claration to such land. Such Supplement need only be executed by the Declarant and s II n t require the joinder or consent of the Association or its members. Such Supplement may ontain such complimentary additions and modifications of the covenants and restrictions contain d in this Declaration as may be necessary to reflect the different character, if any, of the added and or permitted use thereof. In no event, however, shall such Supplement revoke, modify or dd o the covenants established by this Declaration as such affect the land described on the tta ed Exhibit "A" unless such revocations, modifications or additions are added by a Sup em t including a written joinder of the Association approved by (i) a majority of

Book8285/l'age4194 CFN#20050748867 Page 32 of 110

the Board; and (ii) sixty six and two-thirds (66 2/3%) percent of the Voting Interests (in person or by proxy) at a duly noticed meeting of the members in which there is a quorum present.

(2) Regardless of which of the foregoing methods is used to add additional land to that subject to the terms and provision of this Declaration, no addition shall revoke or diminish the rights of the Owners of the Properties to the utilization of the Common Area as established hereunder except to grant to the Owners of the lands being added to the Properties the right to use the Common Area according to the terms and conditions as established hereunder, and the right to vote and be assessed as hereinafter provided.

(3) Nothing contained in this Article shall obligate the Declarant to make any additions to the Properties.

(d) Voting Rights of the Declarant as to ditions to the Properties. The Declarant shall have no voting rights as to the lands it propose to dd to the Properties until such land or portion thereof is actually added to the Properties in ac ord ce with the provisions of this Article. Upon such land or portion thereof being added to the P pe ies, the Declarant shall have the Class B voting rights as to the Residential Dwellings thereof s p • vided in Article IV, Section 2.

(e) Assessment Obligation of leclarant as Si• itions to the Properties. The Declarant shall have no assessment oblig: tion as the Ian it p oposes to add to the Properties until such land or portion thereof is actua dded e Pr• ert s in accordance with the provisions of this Article. At such time, the Declara hall ha t ea sessment obligation with regard to Residential Dwellings which it owns, upon t same rms and conditions as contained in this Declaration.

Section 5. Ex ansiono Mo icatio of Co mon Areas. Addi 'ons • r modifications to the Common Area may be m de if not inco isten with the Land se Plan and any amendments thereto. Neither t - edarant nor its s cces ors or assigns, shal be obligated, however, to make any addition or o • ifications. Decla ant rther reserve the right to change the configuration or legal descrip •n oft Common Area due to changes • development plans.

A TICLE IX

IAL P - • VISIO TO IMPLY H RE • UIRE S OF HUD, HA, FN GNMA

Section 1. Information. The ssociati n sha make available to all Owners and to lenders, holder• , in urers or guarantor of a y first mo 1 s age ncumbering a Residential Dwelling, upon reasonab no ice and for a rea • ona • le charge • t• exceed the cost of photocopying, curr opies o this •eclaration, the A icle and Bylaws, d any Rules and Regulations in force from ti e to time and • r the most re nt udited annual financial statement of the Association. 0 of any of the foreg g, and t bo • ks and records of the Association shall be available for inspection, upon req st, dun mal usiness hours.

Section 2. Con . The Association shall not be bound to contracts or leases prior to transfer of c trol by Declarant to other Owners, unless there is a right of termination, without cause, e ercis ble by the Association, without penalty, after transfer of control by the Declarant, and up nn t more than ninety (90) days' notice to the other party to such contract or lease.

Section 3. Reserves. The Association may establish and maintain, out of assessments, ad e reserve funds for periodic maintenance, repair and replacement of

Book8285/I5age4195 CFN#20050748867 Page 33 of 110

improvements to the Common Areas and other portions of the Property which the Association is obligated to maintain.

Section 4. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insuror or guarantor and the Residential Dwelling number or address, any mortgage holder, insuror or guarantor will be entitled to timely written notice of:

(a) Any condemnation or casualty loss that affects either a material portion of the project or the Residential Dwelling encumbered by its mortgage.

(b) Any sixty (60) days delinquency in the payment of assessments or charges owed by the Owner of the Residential Dwelling encumbered by its mortgage.

(c) Any lapse, cancellation or material mod' ation of any insurance policy or fidelity bond maintained by the Association.

(d) Any proposed action that requires the • ons t of a specified percentage of mortgage holders.

Section 5. Fidelity Bonds. All officers of the Associ on 3 ealing with funds of the Association, and such other officers as the Board rectors may esi• nate from time to time, may be provided with fidelity bond coverage at the expens d for th ben -fit of the Association.

Section 6. Corn • lance with HUD FHA A. otwithstanding any provision of this Article to the contrary, so lortg as Declarant • a R side tial Dwelling within the Properties, the Declarant shall have Jhbiight/o-amend this Dec ation, fr time to time, to make such changes, modifications a d additions the in and thereto a ay be requested or required by HUD, FHA, VA, FNMA, G A, or y oth r governmental ! en or body as a condition to, or in connection with su gency's or b dy's • reement to mak pu chase, accept, insure, guaranty or otherwise ap oans secured • mo gages on Resi • enti I Dwellings or any other amendment which clar nt deems necess pr • vided such a end ent does not destroy or substantially alter the nd Us Plan or schem of d velopment • the roperties. Any such amendment shall be execute • by th Declarant and hal be effective u •• n its recording in the Public Records of Orange Count Flon a. No appr al • r joinder of the Association, other Owners, or any other party shall be requ ed or cessa 0 ch amendment.

A TICL

GEN RAL P OVIS • NS

Section 1 Duration. Th cov nants, co dition and restrictions of this Declaration shall run with nd • ind the land and shat inure to th be efit of and be enforceable by the SS • - tion, or the • of any I nd subject to thi Declaration, their respective legal represe tatives, irs, ccessors and ssi • ns, for a term of twenty-five (25) years from the date I :claration is cord - 0 in the Pu • ic ecords of Orange County, Florida, after which time the covenants, condition and str Ions contained in this Declaration shall be automatically extended for successive • eriods of t (10) years unless prior to the end of such twenty five (25) year period, or ea uccessi e t- n (10) year period, an instrument signed by the then Owners of eighty percent I %) • f the Residential Dwellings agreeing to terminate the covenants, conditions and restrictions a the nd of such twenty-five (25) year or ten (10) year period has been recorded in the Public Reco ds o Orange County, Florida. Provided, however, that no such agreement to terminate the cove ant , conditions and restrictions shall be effective unless made and recorded at least ninety (90) • ays in advance of the effective date of such change. This Section may not be amended.

Book8285/l'age4196 CFN#20050748867 Page 34 of 110

Section 2. Enforcement. The Association, the Declarant and any Owner, shall each have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or as may be expressly authorized by deed restrictions as described in Section 1 of this Article. Failure of the Association, Declarant, or any Owner to enforce any covenant or restriction herein or therein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in the proceedings to be in violation of or attempting to violate the provisions of this Declaration or such deed restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorneys' fees, including those on appeal, incurred by the party enforcing them. Declarant and Association shall not be obligated to enforce this Declaration or such deed restrictions and shall not in any way or manner be held liable or responsible for any violation of this Declaration or such deed restrictions by any person other than itself.

Section 3. Severability. Invalidation of any one th e covenants or restrictions by law, judgment or court order shall in no way effect any other pro .sions of this Declaration and such other provisions shall remain in full force and effect.

Section 4. Amendments. This Declaration may be me ded from time to time as provided in this Section.

(a) General Restrictions on mendm ts. Not ithst nding anything herein to the contrary, so long as the Declarant, or its as s, sha wn a y R sidential Dwelling no amendment shall diminish, discontinue or in any way ad ely of t e ri • hts of the Declarant under this Declaration. Prior to Turnover, no amendment sha • e vali unle s approved by the Declarant, as evidenced by its written joindeiT amendment to 's Decla tion which would affect any SWMS located within the 'roperties shall , -ve the prior ap val f SFWMD; such approval need not be recorded. N a dme shall effective unless it is recorded in the Orange County Public Records.

(b) Amend ent • ior to Turnover. Pri • r to Turnover, the eclarant shall have the right to amend this Dec ration s it deems appr e e ria , without th = 'oin I - r or consent of any person or entity whatsoever, pr vided, that such amen me t does not de •y or substantially alter the Land Use Plan or scheme of de elopment of he roperties. In the event that the Association shall desire to amend this S ecla ion prio to urnover, the Association must first obtain the Declarant's o or wn consen o any proposed mendment.

(' Amen 0 , ents er Tu over. After Turnover, but subject to the general restrictions set f rth erein, this D larat n may 0 e am ded with the approval of (i) a majority of the Board; and (ii) ixty six and two- irds 66 2/3°0 perc t of the Voting Interests (in person or by proxy) at a d ly n ticed meeting of e m mbers rn hich quorum is present.

Section Notice. Any no ice equired to be nt to any Owner under the provisions of this strume sha be deemed t h e been properly sent when personally delivered or postpaid, t the la known ad • res of said Owner.

Section 6. ssianments Declarant shall have the sole and exclusive right at any time and from tim o timto---transfer and assign to, and to withdraw from such person, firm, or corporation as sha select, any or all rights, powers, easements, privileges, authorities, and reservations giv to • r reserved by Declarant by any part or paragraph of this Declaration or under the provisi ns • f the Plat. If at any time hereafter there shall be no person, firm, or corporation entitle to exercise the rights, powers, easements, privileges, authorities, and reservations given to o reserved by Declarant under the provisions hereof, the same shall be vested in and exer ise• by a committee to be elected or appointed by the Owners of a majority of Residential Dwelli gs. othing herein contained, however, shall be construed as conferring any

Book8285/Page4197 CFN#20050748867 Page 35 of 110

rights, powers, easements, privileges, authorities or reservations in said committee, except in the event aforesaid.

Section 7. Approvals. Wherever in the covenants the consent or approval of Declarant is required to be obtained, no action requiring such consent or approval shall be commenced or undertaken until after a request in writing seeking the same has been submitted to and approved in writing by Declarant. In the event Declarant fails to act on any such written request within thirty (30) days after the same has been received by Declarant as required above, the consent or approval of Declarant to the particular action sought in such written request shall be conclusively and irrefutably presumed. However, no action shall be taken by or on behalf of the person or persons submitting such written request which violates any of the covenants herein contained.

Section 8. Mediation/Arbitration of Disputes. .twithstanding anything to the contrary contained in this Declaration, all disputes and other ' att rs (except as set forth herein) between or among the Declarant, the Association, the Board of Di ectors, any committee of the Association, any officer, director, partner, member, shareh• der, employee, agent or other representative of any of the foregoing and any Owner(s) (all of w om 'hall collectively be deemed to be intended beneficiaries of this Section), shall be submitted firs, to ediation and, if not settled during mediation, then to final, binding arbitration, all in accordance ith e provisions hereinafter set forth in this Section, and such disputes and o e atters shall of • decided by a court of law. The disputes and other matters which are • bject to ediation nd/• arbitration under this Section include, without limitation, the following: (a ose a g u der he provisions of this Declaration, the Articles of Incorporation or Bylaws of the sociatio ) th • se regarding any of the Rules and Regulations, design guidelines, resolutions, deci '• s, or r dings of the Association, the Board of Directors, or any of the As 15clificit Vs, committees; ny and all controversies, disputes or claims between any of the tended benefic ies of this Sectio ega dless of how the same might have arisen or on what ' mi • t be ed; a • d (d) any statem ts, epresentations, promises, warranties, or other com u 'cations m e by or on behalf of -ny •f the intended beneficiaries of this Section.

The mediation shall be c• ducte• before the Am Ica Arbitration ssoc. tion ("AAA") in accordance with AAA's Commercia or C• struction Indu ry ediation Rule . If the dispute or other matter is not fully resolved by edi ion, then th sa e shall be submitted to binding arbitration before AAA in accordance h the Comm cial • r Construction Industry Arbitration Rules, and any judg upon e awar • rendere • th arbitrator(s) may be entered in and enforced by any c rt having juris tion o r su - pute or other matter. The arbitrator(s) appointed to deci • e e such spute hall h e ex - rtise in the area(s) of dispute, which may include legal ex erti e if legal iss s m be in • Ived. Unless otherwise provided by law, the costs of mediati n nd arbitration sh II be • ome eq Ily b the parties involved. Each party shall pay its respect ve ttorneys' fees, co ts a d expen s, in uding those incurred in mediation, arbitration, or o er atters. All decisi ns r garding wh her dispute or other matter is subject • • ation sha I be ecided by the arb itrat r.

Notwithsta • ing t foregoin • th following actions shall not be subject to this Section: (a) actions relating t• the co of f -es, assessments, fines and other charges imposed or levied by the Associatio the Board • rectors or any of the Association's committees; and (b) actions by the As • ation • n an injunction to compel the compliance with, or enjoin the violation of, the • CO ions of this Declaration, the Articles of Incorporation or Bylaws of the Association, and II R es and Regulations, design guidelines, resolutions, decisions, or rulings of the Association, th Bo rd of Directors, or any of the Association's committees.

Section 9. arranties. Declarant makes no warranties, express or implied, as to the improvements loca ed in, on or under the Common Area. Each Owner of a Residential Dwelling, other th D clarant, by acceptance of a deed or other conveyance thereto, whether or not it shall be s • expr ssed in such deed or conveyance, is deemed to acknowledge and agree

Book8285/l'age4198 CFN#20050748867 Page 36 of 110

that there are no warranties of merchantability, fitness or otherwise, either express or implied, made or given, with respect to the improvements in, on or under the Common Area, all such warranties being specifically excluded.

Section 10. Authority of the Board. Except when a vote of the Voting Interests is specifically required, all decisions, duties and obligations of the Association hereunder may be made by the Board, and the Association and the Owners shall be bound thereby.

ARTICLE XI

DECLARANT AND ASSOCIATION LIABILITY

NEITHER DECLARANT, NOR THE ASSOCIATION HALL HAVE ANY LIABILITY WHATSOEVER TO OWNERS, GUESTS, TENANTS, OR I VI ES IN CONNECTION WITH THE RETENTION AND DETENTION LAKES AND DRAINAG EA • MENTS OR ANY PART OF THE STORMWATER MANAGEMENT SYSTEM LOCATED E PROPERTIES. EACH OWNER, FOR ITSELF AND ITS GUESTS, TENANTS, AN a INVITEES, RELEASES DECLARANT AND THE ASSOCIATION FROM ANY LIABILITY IN CO NECTION THEREWITH.

NEITHER DECLARANT, NOR THE A •CIATION, N - ANY OF THEIR SUCCESSORS, ASSIGNS, OFFICERS, DIREC • RS, C 0 • ITTEE E BERS, EMPLOYEES, MANAGEMENT AGENTS, CONTRACTORS OR S ONTR TO • ELECTIVELY, THE "LISTED PARTIES") SHALL BE LIABLE OR RESPONSIBL OR M A 1 Al NIG OR ASSURING THE WATER QUALITY OR LEVEL IN AN LAKE, POND, TEN ION ND DETENTION AREA, CANAL, CREEK, MARSH AR • , SIRE • OR OTHER Iv 4. TER B e DY WITHIN OR ADJACENT TO THE PROPERTI , E EPT A SUCH RESP SIB ITY MAY BE SPECIFICALLY IMPOSED BY A APPL ABL GOVERNMEN AL OR QUASI- GOVERNMENTAL AGENCY OR N ITY AS R ER CED HEREIN. F RTHER, ALL OWNERS AND USERS OF AN R ION OF THE "OP. RTIES LOCAT D A a JACENT TO OR HAVING A VIEW OF ANY SF T E AFORESAID A AS SHALL BE D ME a , BY VIRTUE OF THEIR ACCEPTANCE OF A DEED TO, OR THE U E • F, SUCH P - • TY, TO HAVE AGREED TO HOLD HARMLESS E LISTED PARTIES FROM ALL LIABIL Y RELATED TO ANY CHANGES IN THE QUALITY A s LE L OF THE AT R IN SUCH BODIES.

ALL PERSONS AR EREB OTIFIE* THAT FRO IME TO TIME ALLIGATORS AND OTHER WILDLIF AY YABIT *R EN R I ATER BODIES CONTAINED WITHIN OR ADJACENT r0 T E PRO RTY ND M Y PO A THREAT TO PERSONS, PETS AND PROPERTIES, UT THAT THE 1ST PAR ES A E UNDER NO DUTY TO PROTECT AGAINST, AN a NOT IN ANY NN R WAR ANT GAINST, ANY DEATH, INJURY OR DAMAGE CAU ED Y SUCH WILDLI E.

EA, • SONS RE EREBY NOTIFI D AT LAKE BA S AND SLOPES WITHIN CERTAIN AREAS OF THE PRO ERTIES MAY BE STEEP AND THAT DEPTHS NEAR SHORE MAY 11'0' OFF SHAR LY. :Y THEIR CC PTANCE OF A DEED TO, OR USE OF, ANY LOT WITHIN THE PROP TIES, • W RS OR USERS OF SUCH PROPERTIES SHALL BE DEEMED TO HAVE A EED TO OLD HARMLESS THE LISTED PARTIES FROM ALL LIABILITY OR a' IV1AGE (SING FROM THE DESIGN, CONSTRUCTION, OR TOPOGRAPHY • F A Y LAKE BANKS, SLOPES OR BOTTOMS.

ARTICLE XII

CLUB PLAN

Section 1 Benefits of Club. Association and each Owner, by acceptance of title to a esidential Dw ing, atify and confirm this Club Plan and agree as follows:

Book8285/l'age4199 CFN#20050748867 Page 37 of 110

(a) Term and Covenant Running with Land. The terms of this Club Plan shall be covenants running with VISTA CAY AT HARBOR SQUARE in perpetuity and be binding on each Owner and his, her or its successors in title and assigns. Every portion of VISTA CAY AT HARBOR SQUARE which can be improved with a Residential Dwelling shall be burdened with the payment of Installment Assessment, which shall include costs and expenses in connection with the Club Plan. Every Owner, by acceptance of a deed to any Residential Dwelling, shall automatically assume and agree to pay all Installment Assessments owing in connection with such Residential Dwelling.

(b) Value. By acceptance of a deed, each Owner acknowledges that the automatic membership in the Club granted to Owners and Lessees renders ownership of VISTA CAY AT HARBOR SQUARE and any part thereof more valuable than it would be otherwise. All Owners and Declarant agree that the provisions and enforceab' i of this Club Plan are mutually beneficial. Each Owner acknowledges that Declarant is inves ng ubstantial sums of money and time in developing the Club Facilities

(c) Product Purchased. There were signifi ther housing opportunities available to each Owner in the general location of VISTA CAY ARBOR SQUARE. The Residential Dwelling, and rights to utilize the Club, were materia ch Owner's decision to purchase a Residential Dwelling in VISTA CAY HARBOR RE and were, for the purposes of this Club Plan, a "single product." Each • er unde s that the Club is an integral part of the VISTA CAY AT HARBOR SQUA

(d) Disclosure. Full disclosure of the n re of e C b and obligations associated therewith was made to each- Ownet-prior to that 0 , • -r execu ing a contract to purchase a Residential Dwelling and ch Owner has, r was affordedthe oppo unity to, consult with an attorney.

(e) Non-Exc i e icense. The p .visio s of this Club PI:n d not grant any ownership rights in the Club in favor f •lub Members bu rat -r, grant a non excl sive license to use the Club subject to full comp nce w h all obligations i po ed by this C b PI n.

Section 2. Ri hts of Clu. Me ers. Each ub ember and his Immediate Family Members, his and their guests and invit s, sh have s ch • rights and privileges to use the Club Facilitie n or.- to exerc e the n s of Club Member, a person must be a resident of the Res' ential Dwelling. If a Re identi ling is owned by a corporation, trust or other legal entity, or owne y m • e than one mily, then the Owner(s) collectively shall designate up on (1 person resi g in t e Res welling who will be the Club Member of the Club with re• pe to such Reside tial D elling.

Section 3. Club Facilities. Th Club Fac re contemplated to include: (i) a se with itne center, and va ious club and me g rooms (the "Clubhouse"); (ii) an outdoor wimmin• poo and surroundin k area; (iii) half court basketball court; (iv) tot lot; (v) oom; and ten court. D clay: nt shall be the sole judge of the composition of Club Facilities and improv ents. • Tur over, Declarant reserves the absolute right to construct additional Club Facilitie nd improve ents within VISTA CAY AT HARBOR SQUARE, from time to time, in its sole cretion, remove, add to modify and change the boundaries of the Club Facilities and im • ov ents now or then part of the Common Areas. Declarant is not obligated to, nor has it repress nted hat it will, modify, construct or add to the Club facilities, improvements, or Club Facilities as ey re contemplated as of the date hereof. Declarant is the sole judge of the foregoing, includin • the plans, specifications, design, location, completion schedule, materials, size, and content of the Club Facilities, improvements, appurtenances, personally (e.g., furniture), color, te ure , finishes, or changes or modifications to any of them.

Book8285/Page4200 CFN#20050748867 Page 38 of 110

Section 4. Construction of the Club. Declarant will construct the Club Facilities at its sole cost and expense. Declarant shall be the sole and absolute judge as to the plans, size, design, location, completion, schedule, materials, equipment, size, and contents of the Club Facilities. Declarant shall have the unequivocal right to:

(a) develop, construct and reconstruct, in whole or in part, the Club and related improvements within VISTA CAY AT HARBOR SQUARE, and make any additions, alterations, improvements, or changes thereto;

(b) without the payment of rent and without payment of utilities or any cost or expense, maintain leasing and/or sales offices (for sales and resales of Residential Dwellings), general offices, and construction operations on the Club Property including, without limitation, displays, counters, meeting rooms, and facilities for the sales and re-sales of Residential Dwellings; provided further, it is the express intention of thi .ection that the rights granted Declarant to maintain a sales and information center in the ub use shall not be restricted or limited to Declarant's sales activity relating to the Properties, but hall benefit Declarant in the construction, development and sale of such other property, parcels, • s, dwellings or units which Declarant may own;

(c) place, erect, and/or construct portable, tern ora , or accessory buildings or structures upon the Common Areas for sales, c ction storag or ther purposes;

(d) temporarily deposit, dump accum te m teria s, trash, refuse and rubbish on the Common Area in connection with the de pmen onst uction of any of the Club Facilities or any improvements located within VISTA CA HAR R S UARE;

(e) post, display, nscribe or affi o the exterior o e ubhouse or any other part of the Club Facilities, si ns d of mate 'als used in dev opin , constructing, selling, or promoting the sale of porti ns of VISTA C Y AT ARBOR SQUA in • luding, without limitation, the sale of parcels and id ntial Dwellings;

(f) conduct hatev r commercial a tiviti s within th Clu ouse deemed necessary, profitable and/or approp te b l eclarant;

(g) develop, operat and intain t Cl as deemed necessary, in its sole and absolute discretio ;

( excav fill fr• any kes o waterways within and/or contiguous to the Club by dredge r dr gline, store withi the Pr 0 111ertie and remove and/or sell excess fill; and grow or store pl nts and trees within, or c tiguous o, th roperties and use and/or sell excess plants and tree an

i) all activities whi h, i the sole opi of Declarant, are necessary for the develop ent of t Cluj or any lands or im• ovements therein.

Declarant reserves abs t Declarant's discretion to, from time to time, alter or change the Club, incl • ing constru on of additional Club Facilities and/or the removal or modification thereo , at any ch alterations, modifications and amendments may cause an increase or decr se assessments.

Section 5. Commercial Space. It is possible that portions of the Club Facilities may include a sales of ice, retail space and/or other commercial space as Declarant may deem appropriate in Decl rant s sole and absolute discretion. Declarant may permit Club Members to access any comme cial acilities located within the Club Property at Declarant's sole and absolute discretion. Decl ant may grant leases, franchises, licenses or concessions to commercial concerns on all pa of the Club. If a lease, franchise, license or concession agreement permits

Book8285/Page4201 CFN#20050748867 Page 39 of 110

continuing use of the Club Facilities by any one other than Declarant or Club Members, then Declarant shall require such other user(s) to pay a fair and reasonable share of the Club expenses as determined by Declarant in its sole and absolute discretion. Declarant shall have no duty to account for any rents, fees or payments from third parties for the right to occupy and/or lease such commercial space; all of such rents, fees and payments, if any, shall be the sole property of Declarant and shall not offset or reduce the assessments payable by Owners.

Section 6. Operations. The Club shall be under the complete supervision and control of Association until Association, in its sole and absolute discretion, delegates all or part of the right and duty to operate, manage and maintain the Club to a third party such as Club Manager, if ever, as hereinafter provided. At any time, Association may appoint a Club Manager to act as its agent. The Club Manager shall have whatever rights hereunder as are assigned in writing to it by Association. Without limiting the foregoing, the Club Manager, if so agreed by Association, may file liens for unpaid Special Fees against Resi • tial Dwellings, may enforce the Club Rules and Regulations, and prepare the Budget for the C b.

Section 7. General Restrictions. Each Club Memb r, I mediate Family Member and other person entitled to use the Club shall comply with follow g g eral restrictions:

(a) Minors. Minors under the age of eighteen 18) ars are not permitted to use the Club Facilities without adult supervision. • rs may use he lub Facilities with adult supervision if such minor's parent or legal gua,• ian rel : es Dec ant, Association and Club Manager, their officers, partners, agents, emp • ees, a tes dire tors and attorneys (collectively, "Indemnified Parties"), from liability for s use • s ant to consent form(s) provided by Association from time to time; provided, howeve • arent are esponsible for the actions and safety of such minors and any—darriagbs,to the equipme • the fitn ss center caused by such minors. Minors under sixteen 16) years of a • are not permitte • 0 us the pool without adult supervision. Parents are resp • nsi • e for actio s and safety of ch inors and any damages to the pools caused by su h r inors. Not Vista ding the foregoin , if inors use the Club Facilities without the prop cution of a co sent form or without ad It supervision, Indemnified Parties are not liabl for e ctions of such inor

(b) ResponsibiIv for ersonal Prope d Persons. ch Club Member assumes sole responsibility for the h alth, afety and we fare of such Club Member, his or her Immediate Family Club Members and • ests, nd the rso al property of all of the foregoing, and each Club Memb: shall n • . How an of the o egoin 0 damage the Club or interfere with the rights of other b Members he under.

c) Personal o e The ub is of responsible for any loss or damage to any private pro • erty used, placed or tore • on the • lub ilities. Without limiting the foregoing, any person par ing : car within the pa king reas of t Clu Facilities, if any, assumes all risk of loss with respe t to is or her car in t e p rking areas. Fu her, any person entering the Club s assu es I risk of loss with r spect to his r her equipment, jewelry or other posses ons stor d in t e fitness centter loc ers, on bicycles, or within cars and wallets, books and 1 left in the I of ar

(d) ctivities. A Club Member, Immediate Family Club Member, guest or other person who, • any m , akes use of, or accepts the use of, any apparatus, appliance, facility, privilege • r se ice whatsoever owned, leased or operated by the Club, or who engages in any contest, gam , fu tion, exercise, competition or other activity operated, organized, arranged or sponsored by t e Cl b, either on or off the Club Facilities, shall do so at their own risk. Every Club Member shall be li ble for any property damage and/or personal injury at the Club, or at any activity or function •per ted, organized, arranged or sponsored by the Club, caused by any Club Member, Immedia F. ily Member or guest. No Club Member may use the Club Facilities for any club, society, pa y, religious, political, charitable, fraternal, civil, fund-raising or other

Book8285/Page4202 CFN#20050748867 Page 40 of 110

purposes without the prior written consent of Association or Club Manager, which consent may be withheld for any reason.

(e) Indemnification. Each Club Member, Immediate Family Member and guest agrees to indemnify and hold harmless the Indemnified Parties against all actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever ("Losses") incurred by or asserted against any of the Indemnified Parties from and after the date hereof, whether direct, indirect, or consequential, as a result of or in any way related to such Club Member's use of Club Facilities, including, without limitation, use of the Club Facilities by Club Members, Immediate Family Members and their guests, or the interpretation of this Club Plan, and/or the Rules and Regulations and/or from any act or omission of any of the Indemnified Parties. Losses shall include the deductible payable under any of the Indemnified Parties' insurance policies.

(f) Attorneys' Fees. Should any Club Me or Immediate Family Member bring suit against Declarant or Club Manager or any of the I ified Parties for any claim or matter and fail to obtain judgment therein against such Inde Parties, the Club Member and/or Immediate Family Member shall be liable to such pa for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of su , including attorneys' fees and paraprofessional fees at trial and upon appeal.

Section 8. Violation of Club Rules a

(a) Basis for Suspension. The mem lub Member may be suspended by the Association if, in the sole judgment of the As

(1) such • -rson is not an wner or a Lesse

(2) the u • Member v • lates • ne or more of lub Rules and Regulations;

(3) Imm diate Family, a • est or other pe on f• whom a Club Member is responsible violates one •r mo of the Club Rul s a d Regulations,

(4) an Ow r fai o pay y a sessments authorized pursuant to the terms of this Decla on in . • oper an 0 timely nner; •

5) Club emb ancv guest has injured, harmed or threatened to injure or har a y person wi • in th Club aciliti , or harmed, destroyed or stolen any personal prope y w. hin the Club Fa ilitie whet belo ing to an Owner, third party or to the Association.

b) T • es of Sus • nsio . Club Owner may restrict or suspend, for cause or causes escribe • in th preceding Sec on, any Club Member's privileges to use any or all of the • 9F cilities. B way • example, nd of as a limitation, Club Owner may suspend the use rights of a Lessee uch Ow er fails to pay assessments due in connection with a leased Residential Dw g. In addit 0 n, the Association or Club Manager may suspend some use rights while all • • ing a mber to continue to exercise other use rights. For example, the Association • C b Manager may suspend the rights of a particular Club Member (and/or Immediate Fami Me ber) or the Association or Club Manager may prohibit a Club Member (and/or Immediate Fam ly Member) from using a portion of the Club Facilities. No Club Member whose privileges h ve b en fully or partially suspended shall, on account of any such restriction or suspension, be enti led t • any refund or abatement of assessments or any other fees. During the restriction or susp nsio , assessments shall continue to accrue and be payable each month. Under no circumst nce will a Club Member be reinstated until all assessments and other amounts due to the Assoc tion re paid in full.

Book8285/l'age4203 CFN#20050748867 Page 41 of 110

Section 9. Release. BEFORE ACCEPTING A DEED TO A RESIDENTIAL DWELLING, EACH OWNER HAS AN OBLIGATION TO RETAIN AN ATTORNEY IN ORDER TO CONFIRM THE VALIDITY OF THIS CLUB PLAN. BY ACCEPTANCE OF A DEED TO A RESIDENTIAL DWELLING, EACH OWNER ACKNOWLEDGES THAT HE HAS SOUGHT (OR HAD THE OPTION TO SEEK) AND RECEIVED (OR DECLINED TO OBTAIN) SUCH AN OPINION OR HAS MADE AN AFFIRMATIVE DECISION NOT TO SEEK SUCH AN OPINION. DECLARANT IS RELYING ON EACH OWNER CONFIRMING IN ADVANCE OF ACQUIRING A RESIDENTIAL DWELLING THAT THIS CLUB PLAN IS VALID, FAIR AND ENFORCEABLE. SUCH RELIANCE IS DETRIMENTAL TO DECLARANT. ACCORDINGLY, AN ESTOPPEL AND WAIVER EXISTS PROHIBITING EACH OWNER FROM TAKING THE POSITION THAT ANY PROVISION OF THIS CLUB PLAN IS INVALID IN ANY RESPECT. AS A FURTHER MATERIAL INDUCEMENT FOR DECLARANT TO SUBJECT THE PROPERTY TO THIS CLUB PLAN, EACH OWNER DOES HEREBY RELEASE, WAIVE, DISCHA t E, COVENANT NOT TO SUE, ACQUIT, SATISFY AND FOREVER DISCHARGE DECLAR IT, TS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND ITS AFFILIATES AND SS NS FROM ANY AND ALL LIABILITY, CLAIMS, COUNTERCLAIMS, DEFENSES, ACTIO C USES OF ACTION, SUITS, CONTROVERSIES, AGREEMENTS, PROMISES AND DEMANDS ATSOEVER IN LAW OR IN EQUITY WHICH AN OWNER MAY HAVE IN THE FUTURE, OR HICH ANY PERSONAL REPRESENTATIVE, SUCCESSOR, HEIR OR ASSIGN OF OWN H REAFTER CAN, SHALL OR MAY HAVE AGAINST CLUB OWNER, ITS I ERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND ITS AFFILIATES AND ASSIGNS, FO', UPON • R Y REASON OF ANY MATTER, CAUSE OR THING WHATSOEVER R ECTI THI' CL B PLAN, OR THE EXHIBITS HERETO. THIS RELEASE AND WAIVER I TEND- 0 = AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE FLOR

ARTICLE XI

EX LU- IVE COMM • N A AS I ITED COMMO AR AS

Section 1. Exclusiv Common Areas.

(a) Purpose. Ce ain p ions of the Co mon Area may be designated as Exclusive Common Area and reserved r the clusi US or primary benefit of Owners and occupants within a - icular - 8 hborho d or Neighbor I ods. By way of illustration and not limitation, Exclusiv Com en Area ay i ude features, entry gates, private roads in gated neighborh 0 0 d, creation facili s, Ians cape areas and cul-de-sacs, lakes and other portions of the of mon Area within a articu Nei borhood or Neighborhoods. All costs associated with mai tenance, repair, epla ement, d ins rance of an Exclusive Common Area shall be a Neig bor ood Expense allocate among th Own rs in the Neighborhood(s) to which

the Exclusive C mm n Areas are assig ed •

Designation. I itia y, any Exclusive Common Area shall be designated in this De aratio the deed on eying such area to the Association, in a supplemental declaration or on the bdivisi • rel ng to such Common Area; provided, however, any such assignment shall nof ID lude the • - clarant from later assigning use of the same Exclusive Common Area t dditiona sidential Dwellings, and/or Neighborhoods, so long as the Declarant has a ight subject additional property to this Declaration pursuant to Article VIII. The ENTRY GATES AN the TRASH COMPACTORS LOCATED WITHIN THE VISTA CAY NEIGHBORHOOD (AS DEFINED HEREIN) AND BAYSHORE NEIGHBORHOOD (AS DEFINED HEREIN) ARE D IG ATED AS EXCLUSIVE COMMON AREAS FOR THE USE OF THE CLASS A OWN (AS DEFINED HEREIN). THE CLASS B OWNERS SHALL BE RESPONSIBLE F HE COSTS OF MAINTENANCE AND OPERATION AS A OF THE ENTRY GATES AN TRASH COMPACTORS AS A NEIGHBORHOOD EXPENSE AND URSUANT TO SE ARATE BUDGET FOR CLASS B OWNERS.

1 I Book8285/Page4204 CFN#20050748867 Page 42 of 110

(c) Use by Others. The Association may permit Owners of Residential Dwellings in other Neighborhoods to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Neighborhood Expenses attributable to such Exclusive Common Area.

Section 2. Limited Common Areas.

(a) Purpose. Certain portions of the Common Area may be designated as Limited Common Area and reserved for the exclusive use or primary benefit of one or more Owners; provided that, such Owners reside in a Residential Dwelling to which the Limited Common Area is appurtenant. By way of illustration and not limitation Limited Common Areas may include sidewalks, driveways, and landscaped areas. All costs associated with maintenance, repair, replacement, and insurance of a Limited Common Area II be assessed as an Individual Assessment only against the Owners identified by as provid d a•ove as being authorized and entitled to utilize and realize the benefits of the Limited Commo Are

(b) Designation. The designation of Limit d C mmon Area may be made pursuant to this Declaration, a supplement or in the deed of co vey nce, or upon the plat, or pursuant to any other written instrument recorded in the Public Re • rds of Marion County. Upon such designation of the Limited Common Area, - •wners identified by Declarant as being authorized and entitled to utilize and realize the menet its • uch Limited ommon Area (and all rights and interests pertaining thereto) shall have rights do • a are provided in this Declaration with respect to Common Area. Declarant her- • reserv: t• itse the right, in its sole and absolute discretion, and without notice to or the approval o ny pa or •- rson whomsoever or whatsoever, including any Owner, to agnate identify, from ti to time, dditional Owners as being authorized and entitled to ut ze and realize e benefits of an im it • Common Area designated pursuant to this Section.

(c) Mainten The Associat •n all have res • onsi • ility for the management and control of Li ited" mon Area pur uant to and consis nt nth, its powers and duties established in this De aratio All costs of the ss• ciation with espe t to the Limited Common Area shall be assessed a an In • ividual Assess ent only against th : • wners identified by as provided above as being auth • ized nd entitled t • utilize and realize the benefits of the Limited Common Area. Additionally, a ma arisin• nd this Declaration and pertaining to the Limited Common a an uiring a vote of member of the Association, shall be decided by a vote of only th • e members tha ave b en ide - • herein as being authorized and entitled to utilize and reali e the benefits f the mited omm • Area.

TICLE IV

EIG BORHOO

ection 1. Neiohborhood esi • nation. Each Residential Dwelling within VISTA CAY RBOR SQ ARE hall be I cat d within a Neighborhood. This Declaration or a Supplemental Declar ion su g a • i itional property to this Declaration shall designate the property submitted ther - • to a Nei 9 orhood (by name, tract, or other identifying designation), which Neighborho ay be existing or newly created. So long as it has the right to subject additional prope to his Declaration, the Declarant may unilaterally amend this Declaration or any Supplement Dec aration to redesignate Neighborhood boundaries; provided, two or more existing Neighborh •ods shall not be combined without the consent of Owners of more than 50% of the Voting Inter is the affected Neighborhoods. The following Neighborhoods are hereby designated by this ecl ration:

Book8285/Page4265 CFN#20050748867 Page 43 of 110

(a) VISTA CAY AT HARBOR SQUARE, a Condominium, created pursuant to the Declaration of Condominium VISTA CAY AT HARBOR SQUARE recorded in the Public Records of Orange County (the "Vista Cay Neighborhood").

(b) BAYSHORE AT VISTA CAY, a Condominium, created pursuant to the Declaration of Condominium for BAYSHORE AT VISTA CAY recorded in the Public Records of Orange County (the "Bayshore Neighborhood").

Section 2. Neighborhood Insurance. The Board may authorize the Association to obtain and maintain property insurance on insurable improvements within such Neighborhood and liability insurance in such amount as the Board determines appropriate. Premiums for insurance needs within a Neighborhood may be included in the Neighborhood Expenses of the Neighborhood to which such premiums apply, unless the Board determines that other treatment of the premiums is more appropriate.

Section 3. Neighborhood Assessments. The oar • may levy assessments for which Owners in a particular Neighborhood or Neighborhoo • s a e subject in order to fund Neighborhood Expenses ("Neighborhood Assessments"). By way of example, and not of limitation, all of the Owners within a Neighborhood may be subject to N ighborhood Assessments for maintenance, repair and/or replacement of facilities serein • onl the residents of such Neighborhood. The Association is hereby authoriz, • • levy Neighb • rho • d Assessments against all Residential Dwellings within a Neighborhood o fund :'•hborho • d E enses; provided, any portion of the assessment intended for exterior aintena e of stru tures, insurance on structures, or replacement reserves which pertain to pa lar str u all be levied on the benefited property in proportion to the benefit received. The lie • r a Ne • hbo ood Assessments may be foreclosed in the same manner as-an7other assessment. • e Board ay include in the Neighborhood Expense budgets, as ppropriate, a : • ital contribution • fun • reserves in an amount sufficient to meet the projec -d ed respe. both to amount nd 'ming by annual contributions over the budget period.

ARTICLE XV

S TH CAMPUS 0 ER SSOCIAT N

Section 1. MasterAssociatio The SOUTH AMPUS OWNERS ASSOCIATION, INC., a Florida n for corpo tion (t "Ma er Association"), has been established to administer, oper e a d maintai ertai land a face ies in the master community of which this VISTA CAY AT A OR SQUAB 's a p rt ("Ma er Co munity') for all residents of VISTA CAY AT HARBOR QU RE, whether in co dominiu form of ownership or otherwise, as more particularly des ribe in the Declarati n of Covenant Con • tions, Easements and Restrictions recorded in OR oo 6019, Page 1233 f th Public Rec • ds • f Orange County as amended from e (the `Mas r Declaration").

Section 2. ter As cia on Purpose. UNIVERSAL CITY PROPERTY MANAGEMENT CO ANY , a Del are corporation (the "Master Declarant") created the Master Association to rate and anage the Master Community. Property in proximity to VISTA CAY AT H OR SQ E may be owned by the Master Association such as the roads, drainage syste utilit s, street lights and/or landscape areas. Such facilities shall not be part of the Common Are , but will be part of the infrastructure facilities owned by the Master Association ("Facilities"). The as r Declaration provides for the Master Association, to the extent not maintained and a mini tered by the Association or a Neighborhood Association, to operate, maintain and repai Co mon Property, Restricted Common Property and Mass Transit System (as defined in the ast r Declaration) which may be located within its jurisdiction; and take such other action as t M ter Association is authorized to take pursuant to the Master Association's rticles of Incor orati n, Bylaws or Master Declaration.

Book8285/Page4206 CFN#20050748867 Page 44 of 110

Section 3. Membership in the Master Association. Membership in the Master Association is as set forth in the Master Declaration, with voting rights to be exercised as set forth in the Master Declaration, Articles of Incorporation and Bylaws of the Master Association.

Section 4. Master Association Assessments. The Master Declaration provides for the making and collecting of assessments against a Site (as defined in the Master Declaration), for the expenses of operating the Master Association and otherwise carrying out the duties and responsibilities of the Master Association under the Master Declaration. The Master Association has been granted a lien by the Master Declaration against each Site in the Master Community, and other rights, to secure payment of any assessment or other amounts due with respect to such Site. The Master Association shall collect assessments and other charges in accordance with the provisions of the Master Declaration.

ARTICLE XVI SPECIFIC RESTRICTIONS AND CO EN TS IN CONNECTION WITH SHORT TERM RENT LC MMUNITY

Section 1. Applicability. The provisions of this A all be applicable to all of the Properties but shall not be applicable to Declarant or any of its desi nees or property owned by Declarant or its designees.

Section 2. Uses of Properties. The I.I erties all .e ed for the general purposes for which they are designed and intended . - at al es sed, operated and maintained in accordance with applicable zoning and oth requir men s, conditions and restrictions applicable to same

Section 3. Occupancy. E-' Resi tial elling may be ed s a temporary residential dwelling, in accordance it all applicab cou y and state cod s, o dinances, and regulations. Notwithstanding th eg• ing, in no eve t sh- I occupancy (e ept for temporary occupancy by visiting guests) e cee th t which is permi ed b applicable la T provisions of this subparagraph shall not be plica• e to Residentia D flings used y t Declarant for model apartments, sales or resale off ic s, or manage ent or administra e services. Each tenant or occupant shall comply with the venants, ter s, onditions, and restrictions of this Declaration, any applicable Neighborhoo Dec tion, d h any and all rules and regulations adopted by the Ass III • ation an el • the ap • licable eighb ood Association from time to time, including, without imita any d all gula re and/or procedures adopted regarding mandatory chec in f • Owner , tenan , occ ant d residents; coordination of any charging privileges which he ssociation m elec to affo • Own rs, their guests, invitees, or tenants; and other matters r aso ably necessary (1) -llowOllow 0 .qers, nants, occupant and guests to be well integrated into uni ied structure and per tion; (2) e ure t t the Residential Dwellings and the related system an • the use and oc up ncy of Ow rs, enants, occupant and guests are inte d to th ex t contemplate• by this Declarati and the applicable Neighborhood Declar ion; and en re that all ope atio s may be conducted in an efficient manner.

Section 4. Nuisa ce N. ing shall be done or maintained on any Residential Dwelling which may b- or becom , an annoyance or nuisance to the occupants of other Residential Dwell' Any ity on a Residential Dwelling which interferes with television, cable or radio r n of any Owner shall be deemed a nuisance and a prohibited activity. In the event of a d or question as to what may be or become a nuisance, such dispute or question shall be itted to the Association, which shall render a decision in writing, which decision shall be sitive of such dispute or question. Notwithstanding anything herein contained to the co , it is intended (without creating any obligation) that Residential Dwellings shall be operated resort residential, with transient guests and scheduled functions. In addition, it is anti d that the Association will maintain and own facilities that will be used in onnection with operation of a resort style community. It is hereby confirmed that any and

Book8285/Page4207 CFN#20050748867 Page 45 of 110

all activities in any way related to such operation shall not be deemed a nuisance hereunder. The Association shall have the right to establish non-discriminatory restrictions on any and all persons performing work in the Properties, including, without limitation, by (a) restricting the hours during which work may be performed and restricting access of contractors to certain areas, (b) requiring that all persons performing any work have all necessary licenses and permits to perform the work, (c) requiring that all persons performing any work have adequate insurance coverage and that the Association is a named additional insured on such policy(ies), and (d) requiring a security deposit or other collateral to protect against damage that may be caused during such work.

Section 5. Leases. It is intended that the Residential Dwellings may be used for short-term rentals. As such, leasing of Residential Dwellings or portions thereof shall not be subject to the approval of the Association and/or any Neighborhood Association, or subject to any other limitations, other than as expressly provided herein or the applicable Neighborhood Declaration. Accordingly, there shall be no minimum lease ter,' nor any maximum number of times that a Residential Dwelling may be leased. The Resid: tia Dwelling Owner will be jointly and severally liable with the tenant or occupant to the Ass•ciat •n for any amount which is required by the Association and/or the applicable Neighbor ood Association, to repair any damage to the Common Areas or common elements of a con eon ium resulting from acts or omissions of tenants or occupants (as determined in the sole • scre ion of the Association or applicable Neighborhood Association) and to pay any claim for ju or damage to property caused by the negligence of the tenant or occupant, 1 d special c rge • may be levied against the Residential Dwellings therefor. All tenancies :re here ade su sordi gate to any lien filed by the Association or the applicable Neighborhood Ass. • -tion, w her p ior • subsequent to such lease. It is expressly understood and agreed that rental • Reside '-I • we ings for any term is expressly authorized and permitted.

Section 6. Miti • ation of m I ness and midit No Ow4er shall install, within his or her Residential Dwelling, non- ab wall- • ering low-permeanc pai s. Additionally, any and all built-in casework, furnitur , d or shelvi • in a esidential Dwelli m st be installed over floor coverings to allow a -pa e and air mo eme t and shall no be installed with backboards flush against any yps m board wall. A•ditio ally, all Own s, hether or not occupying their premises, shall •eriodi ally run the air con tioning sy em • maintain the temperature, whether or not occup . d, at 8°F, to minimise h midity in the idential Dwelling and/or premises. While the foregoi are intended to ize the potential development of molds, fungi, mildew and other mycotox ea Owner nd stands and agrees that there is no method for completely ina the dev opmen mold r mycotoxins. The Declarant makes no representations • warranties re rding t exist or development of molds or mycotoxins and each Owner all dee : • to w ve an • -xpre ly release any such warranty and claim for loss or damages res ting from the xiste ce an r dev lopment of same.

nature an ckno edgement Appear on the Following Page]

Book8285/Page4208 CFN#20050748867 Page 46 of 110

WITNESSES: "DECLARANT"

PULTE HOME CORPORATION, a Michi.an corpora •

By: ca/ 'b.. Name: 5-Irm:ipl riers Title. nor. ey-in tt,;r ct Pri t Name: • buvica., e: ' 111

(Seal)

Print Name: t 1-120-)-e (-3v,"‘

STATE OF R0ficia, ss: COUNTY OF Oran

The folpgoin instrume t was a• nowledged befo e m this da of 2005, by1)0114 t Cto YU 6, as Attor ey-in- t of Pulte Ho e C 0 rporation, a ich. an corporation on betialf of the corporation. o is person Ilv known to e or produced as identifica on.

(Si

pe, • nt or Stamp Co ISSI ed Name of Notary Public) Date • Expi tion and Number Of Corn is n:

Exhibits: 4fi r'14,,,,, TIFFANY TEFFT "A" - Property 147 im 74 MY COMMISSION # DD 099357 "A-1" - Class A Property EXPIRES: March 15, 2006 Class C Property 4,4;0" Bonded Thru Notary Public Underwriters Articles of In * * • ration "C" - Bylaws Common A eas SFWMD Pe it

Book8285/Page4209 CFN#20050748867 Page 47 of 110

JOINDER

VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC.

VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation ("Association") does hereby join in the COMMUNITY DECLARATION FOR VISTA CAY AT HARBOR SQUARE ("Declaration"), to which this Joinder is attached, and the terms thereof are and shall be binding upon the undersigned and its successors in title. Association agrees that this joinder is for convenience only and not to the effectiveness of this Declaration as Association has no right to approve this Declaration.

IN WITNESS WHEREOF, the undersigned has execut: this Joinder on this 1 -t- day of NI weltOosec— , 2005.

WITNESSES: VISTA CAY T H RBOR SQUARE MASTER COMMUNIT SS CIATION, INC., a .ration Florida not-fo -pro t cor ••

Title: Prin {SEAL}

STATE OF FLORIDA

COUNTY OF rq

e fore s acknowle I before me this 'SI day of 5 by 1 5 p vo , as President of VISTA CAY AT HARBOR RE MASTER OM UNIT S IATION, INC., a Florida not-for-profit corporation wh ersonally known or who duced as identification.

ission

NO1 J Y PUBLIC, State orida at Large PIRES: Ma Print Name: Thru Notary Public Underwriters -- ,

S:\JayZ\Clients\Pulte\Uniyer I Sout \Community Association\Declaration \Club Declaration) - Vista Cay.doc

Book8285/Page4210 CFN#20050748867 Page 48 of 110

Exhibit "A"

Legal Description

TRACT 1 DESCRIPTION: That part of Section 6, Township 24 South, Range 29 East, Orange Coun Florida, described as follows: Commence at the Intersection of the Northeast corner of lands descn ed in • fficial Records Book 5638, Page 4160, of the Public Records of Orange County, Florida, wit the uthwesterly right-of-way line of Universal Boulevard, a 200 foot wide right-of-way, sold right-of way shown on the plot of USI - SOUTH CAMPUS UNIT ONE, as recorded in Plat Book 46, Pages 13 throu 16, of said Public Records; thence run S 6717'56" E along sold Southwesterly right-of-way Inc fo a distance of 200.00 feet to the POINT OF BEGINNING; thence continue 567'17'56"E along said uthwe terly right-of-way line for a distance of 691.51 feet; thence, deporting said Southwesterly righ of-neey line run S22•42'04"W for a distance of 400.00 feet; thence run 567'17'56"E for a disc • f 1100.00 feet; thence run N22'42'04"E for a distance of 400.00 feet to aforesaid Southw sterly right-of-way line of Universal Boulevard; thence run 367'17'56"E along s • d South sterly right-o -way ine for a distance of 348.21 feet to the point of curvature of a rye conca Southwest ly ha ing a radius of 1200.00 feet and a chord bearing of 559'38'45"E; thence Southeas along sold outhwesterly right-of-way line and along the arc of said curve through a c al angle o -'21" r distance of 320.57 feet to the point of compound curvature of a curve con • e Westerly ing a radius of 40.00 feet and a chord bearing of SO5'03'42"E; thence, deporting said thwesterly right of-way line, run Southerly along the arc of said curve thr g, a c al angle of 93'51'4 " for a diston e of 65.53 feet to the point of tangency; thence run 41'52'11"W for • distance of 746.26 thence run N48"07'49"W for a distance of 40.00 fee to the °Int of cury ure of a curve concav South ester!), having a radius of 325.00 feet and a c and oring o 61'09'1 "IV; thence run Northwe tarty •long the arc of sold curve through a *central an le o 26'02'45" to a dicta e of 147.74 feet to e po t of tangency; thence run N7410.34"W for di tame of 85.11 fe t to a •oint on non-Inge t cu ve Southerly having a radius 1 45.00 feet and a cho bean of N7022'12111 th nee Westerly along the arc of said cu ve t ou a central angle of 623' 5" for a distance 757. 6 feet to a non-tangent line; then• e run S8 38'33"W for a distance of 428.61 feet to o point •n o non-tangent curve concave North sterly ho ing radius of 4912.0 fe t and o chord orin• of N2759'54"E; thence run Northeaster along e arc of sold curve through a central angle • 10'35'40" for a distance of 908.35 feet to the pint of gency; thence ru N2 '42'04"E for a distance of 500.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT THEREF

LIFT STAlloN TRA Return to the f regoi Point o eginnin• for a Po of C mencement; thence, departing sold Southwesterlyfight f-way line run 522'42' "W for a distant_ of 500.00 feet to the point of curvature of cur concave Northw terly h • vin g a ra s of 12.40 feet; thence run Southwesterly along the ar of aid curve through a •entrai •ngle of 0 9'01" •r distance of 813.10 feet to a non-tangent line; thence run S66'30.00 for a distance of 50.87 et; thence run N89 36'42"E for a distance of 2.77 eel; thence run N29'5 '10"E or a distance of 146. feet to the POINT OF BEGINNING a the erein described Lift Sto ion T at; thence run 60' '50"W for distance of 74.50 feet; thence n N '50.10E for a distance of 1 0.00 feet; thence S60'09'50"E for a distance of 1" feet; t ence n S29 50'10"W for a dicta ce of 100.00 feet; thence run N60'09'50"W for a die once of 25. 0 feet o the POINT CF GINN! G.

ontaining 41.518 cres m or less d bei g subject to any rights-of-way, restrictions and easements of recor

I I Book8285/Page4211 CFN#20050748867 Page 49 of 110 OH. JO 09 aBed L98817L0900Z#Nd3 ZI,Z1706ed/G8Zippoe

“4-V,, 118IHX3 I i --- r.,10.2111a.PIIRSORICIOIRMSOMMAY. ..,-- =AZ,: zrz7.4:rzz Z OCSCPOPIXIIP nan-leyont Mortrm , PRAM I. Ter 1433 aura 0_141on. 56037,... Inorroo-non /.33.4.1 r 1 Memo( =5 ..`"7,;=.7 CAMS 7.1.1 .• NO. ea ...tot,. thro. rec.. te DESCR/P110. PHASE 017(111Pfr. .0 Cam, Com.. 0191.1 etialt-e-gray .1612121. 121.02 Award. 06‘ Sausimastoir 072 for Am fowl 0.1. gone a7: 5097 gne 00 , Ps.. o 13. , au. ' Z 100/10911102.111NC: 9.1 a , . ..oe run ....I 00 17 oo.-1 to , a 13...10e9.sa Not 1 . 1. Or ' . as . 5671,60 ont :s 04. "

5 run -. of nal: 1.,11.. Pori. M. 10111 aOfa we a $76 4 .. of P 0113 56717 to of T ' raw. 4177 tarM•nt non //761.7 of of ;•= . " .7 t /14,56 ..p. , yV al al a mar./ t 1. of.h1 Oran. OF foo 1 10.20 to . 1.2 SouthowsIarly 1

Le 40.0f far La! 76,3.111 ip_'' * of : IOM -tangent cu. Owee bovine lel Of . a OPOIVI.7.0 Lok . a ocro0none 5.17 56t do. . a«d " 1.21 a .

llook E 1 =7,7,L,7.77r.",:',Z`

a.. 5211 ,erant non-tono. 1. . 0P.A. concave Mb %Rd . 51 137000 a PAW Pe cum Of W"" XILII run Paton. oecoonlo Mop . Coolly. Public foot R.-...../a Mt conc. 1 KLAGE7 . r111. csaans W. !or run 1.' 11,11.<11 ' a 4 Oane MP Plat 04 WesIss.

147.3..37, 71 11.1orly for more ran 7•ert ' curve to 1 MP 01 Seuenaos., la ANA rt 1GES ler a , 1.111., fard,Sautlamslerly ,o1-61-erey. tnoo . , n Per... 9 ..r 25.1-of-xey O a Duos I.. - Mops R.. ar * tem 19:7 :::-. tmr noon of o anore 41 Pook oz.tcrtyt.1,

a InnsuOn Southeaster. Raon. kW... cams censer 00. Ideas R la cm.. to Mance r os 1 .., of 030112 . .13.4.11. fa. Raon. 1 25!. . 76_56 MOONY 110 point old . ' OK, no Ns. I. 1..11rAl:‘ Peoll.mtarly OM !..:1too 71°,,,717.°,7717i..4 46. .0o IPIIVERSPL UPIIVMSAL Sou....1. 7Z 5; ' , of , ' leo.. ol.9

el/Orene•

7 4047ip for for o :7 1 also. of an of for pa. Oat Po9. No.. , . 0636.6' a and . I2 andA.9 of . root ,,,+... Rang 10 r. Me al oho, . I . netlatr .111 • e cont. 01 dab F. in• OM, • of - .9.e. IRe E , of ,. ,to the the

- 2/.9, 7r ...... j.1 Rstance as Morse..

tn .tance ore Itt to toid of tan52.13)9, 1.70. r.• limy..

o ma 13 V.Z.Z. plot Zee Om .• to 60.E.° 0OULEPARD ana• tmovino said run S.. 1. ore Mt red. mo "- "' Gong Rol .6/910 ParffX of l 92 Inrou. R.. Northwly ongt. W.. fee fee 7,13 Pub. 51 4999, ...400 arc / of 52202 *co POINT ad. ooa, of I o , Ro. . to ..f of of fa tn.. a run K. of chen1 111 Vir t. rodige or of en re "" / vold al of Re.. . of , ti 37103 Flo., 604.54 .

el cum 3.97 otzt • o 27 V fiRastke '.**"C es, Om Me tn. R. of 1270.00 foll9,421 to . ler. 6177.4.1 . run - to OP 04V .1 0627,16 to one euvarura roar. RR. Mg 46. war . 1 a4~ cum POW *In. 1. run ...on, of m. 1 ' dsTP . ran a.-RaRts-at... of .I.P. Pubfic plot 1,:=:17 .11.11.5: for

0 of Puntic voltslony Isol , 1 * 1 oaso gareo9.1e.rt gIr for = * .17,11,6 Poems BAYSHORE r. 13040 toror .. .1 feet tloP. 30-00 OK off, for Pope n.'-'*"* 0. of a 32.2 in Mr • .5117173T Nos of Proug, Me e Dr .1. • ef af .p to . Or for - ,n',V,,:nlZ Ronne, oato.• Ple 17.411Z1,41:11.ta ...' Roos. e .ear.. 11 .1.5 . an amen. to to Caw for e 4200 1276.00

• 42 throron 1.19 1 PR.- p.m, 13 SSY ...."?'.•....

..a-10.. 1.1 owe., c.:7:0oo 1100 eaten. r arm for tn. me Manor 1'0.400Om. .1 of • 1/6057,2rE. ~ ee d Or . -0- . lea • . 04 Bo. a o 6 K.. . 91 ' - d" 1 ea. • " .. a 417.1 . North.. IEGININNO.

at ler 1e feel row .tae la,. P011 ab .ax "" Records ""ttur. 6.1 aton. SOWN aton of contr. of IPSO

of ot .0 fee,. neone far run H. 1 of 17 135.57 r Oran. to . oml 4 Nr;:.17:7"`"' for . 105.7 era rostrkiyilog0 0.12. 40 .,1 a

.ta

a.. Pao. Posh, of 314,564.1 Of 0146. OF 0 Lel PONTA Om "*."*. " . al Gallog.. demo. fo the a min. Merida 111 • al P. of of cum SEGISINP40 0.11.P.11, r. dirles. a . alai - gr.t fora fast af plot ons. 7. got [0.1.K/ Sal.olerly accord., Orange Inc 1.7 Ir. - chord fon /3 ° ,d,., r t Melee zor of of 04,5253 r, P. Too= clone ao, •ald caw.. m (trot: of d twor 047.039 distance 1..t MP. flE0.6110 Poldlo 782e15. and of ./ faal to a ray / AT of County. around 1 Lot ...W .o. . .. run Int Ont too. la 5150 . „,

, Sown. o. 1 hot of Ina oro of Nat . for Mo... . plat

of VISTA for / / /Con:rz..cree ROSE 1.0. 61S640014 non-tangant an. *co flet*00.44Mace that milf Confol=02 an. ana '' 0.3,46PIIM fRIASO SIS42,14, sot.. • • 3028 thsnrof. PRASE ”' OW.. Comty. foo NW., DesonnerlOnt PRASE l Cr eromenox of of ouns 573 dn.. -gat. 117 3.77.q, ' vo • pot clhona. wt ty. 0179 ' 100.07 1.1. M. CAY . onora ros .5YE o . 36 me , r of amreof. o '99 7 4 • of PROPERTY opoJiLfee fler. . or . " 6 14 at ..op n.igs fin A. MAI of of roe.. of 7 Lai we 10 ond , tuft of glrPlIt menn for noon. . , 6 0.222 W.,' ine 0.0tnrydIen a a/ o

thanos anS r. Lod s, MI. 1 . ...R... no r For far 00 5.30 llonor nat. en •fsline es #7610 eams.zro, oossonmtraf9=99 9 and a Soutnody el .1

/ as.. al .90 m Ie.. aaid .untA e.o.m. • conc. of o Nozr.. thsnor 1. 1001.3.5 a. 676 AT recorded oRse foe no,

nod.. soI6 99. at mom Mato. M .1. sp ron NEM. gra /270.00 le foot fn '17 Lat ler . no+ a . 131..P. Rem. • reamrsolt o eno‘d 53,0; anNe t .. '. slausle, le 74 Plat Sout.gattorf of Ow • rno /..01.9 so, Florida.dascramd me. ht., la h+ Sou., 9 Z00 S ri • of dz Vnt Sara 04 co •7 m or rags. ,. • PrONT for roe / corner HARBOR ... Z na,Afarent .197 of 0 9040 076,12 of fl .1 ., moo. n.... comn INfolorly nen-tona • Ar e f.96 for Mat .• .., ton. y .. or ohnsTSAL of 1370 rocard. sum a OW ".." it one ' UNIVEPSAL Ian 0 • a Sagan. 106.07 DESCRIPTION ak, OF a rotos • ena of of SY en. 410. to. . .of3..71 .1.a. 7r9or of 53 Rtoncemo:L67,65

no, of of . Ohl.. for for ....12; 03 41 *0 • o ./.. EP...0 1.0099 RR 2.* a wags Ant tom . a so o 5615312 P W mellos Iseam.oe,oce . ail

o on. a " e 5471.0y 9. o. ef tt aiolooe t . 7L 6.1 fo lo Lae al far acutsaaoo ran .04 raston. dm.. • of 9.9 as to , fee 273.02 .

.” Lot ; •74 01 0C1.11SVAPO Re or Loa a 4.00. a Po. 270.00 foot

"e af 27202 tmettaP nosi-knoont .1 f. le a 376:12 nan-to..1 boo.. fort 11 troloner tweoton, "'a! " 04tanao 27103 : om to thove• I. calf. 40 7.06/ or subiset Ran , n a 4200

.me ... 0 - * 4 . 00 ,,,, 01.. f enema In non-longo. of la " seem,. of or ... f " of or . ' toce3 7Patt 3r. gee lts fn. to SQUARE 0;21c 9 omr Ms al 65.53 106200 T05.7 =a . feet L .t m 9.00 ron alt, fee on9le *"" of on, of 01411 • o 5727.2t • 9"...'9"-9'." ond run run m, POP, of

2137 far '' thence t /Me *ton. Of. 04.10 5,1171T, "'"" run any ." 1 cum 523 to and Pet ripoo-or-oo,, **" go.. 9dny

Net of 532 Me . Mt el foe t...... acaarI ;6617 9. 522.2'01 a a Ny1.-d040 alma. .

. of Sauti=orty riants....s. 43124 Ilmnoe '9119 A • Mee., ? - • sgare.. chord wzr 0255 Dr 43 to IN. 440 - foot 1 faol arc asid cane. Oaring In.. ta 009 eloanf 04 PONT **99 . PONT 09,111.1 ad oral of 9 . 9 are 46 • • ' or 1 lo , 9 nom. 1 ...no 1

""'"*"'• 26.22 for run - .

nen-lenpo, 5 P 110 .., a dare 3 cent. ode If•affog . 4. " fm • al Of sokl Teo..

* Prour OF n SW.. p to for "'-'15991 0 6 o 9"

t a ao POVII 1rie ataa Ant 1990140 41 e A of 3.1 . 'n' tero war 117 mg. " 9 . of ye, ' 04 la . '9' . 10 .1. .y s CONDOMINIUM a , ;NOSE ...low .oref MO, lOnau. Meg BEGIFINING Common. OW. a 02.312 cooioina, 1 DESOPPRON: S rottriol.a run mornwoortenv l 6600 ContoRing a a Off fast Ye r P.M plat On.. 11 OESCIOPPON: ,43. mot 62 ansho sm21.17-a corn glf 1.1.1SP IMO nor., Z rantral SEGM.9. e* Wong Seat...1y Owl 5.3071 foot =Z et - - reams 04 47.7 t 0•1.0 011 at g 56517.97 pon t='.?=.:Tra= to 14. to Nona. No el . distonc• ors. 7of. part .1 23 . osmoses Mtn. 12 mit lholo• 04T , lz soid . II It. C.a. 21 f::7:Vo tn. .Rature . of 9 af ONO 00' of ro, r0 of nano - asso or at 0.442 0 tom.. ant of and of Orompo old , mow paint /052Cat May Lot of Westorly 7 rr=ra,7,1:,.: Lot 7 tinn. . o• for moo of ton 101.25 lot no. leo ORR. • Wid .1 ;E=i0: or . nerino Seol./y

saia a Mori. t r•oord•fl a... easements Roe reara. 1. sar3S•n 57.157,Strp, ems • or ono. of min orrarroT ch. Nortns. M.., . of 325/7 eaie 1.

County OW VC•7C,Ir run *op vkiACES a* wituws • Lat ..ES reoorn ran srrat. feet Me TR• NURSE, o run NA • me. Westerly 0,2.3, corm at: c.o.. arc •• bearing run.lanct roe. . Cos., ovarke rooe . PM .. run in of we Narvneasterly in nwby - ToZ? oeuslr e of el Mal at .0 for ...oh. am. of of Rat comer

CONDOMINIUM 076 or Al • t="° concave far 10.1d. to DONALD MOWN record limnas for =a of •T for aafet of of 155.21 101.25 a l000 ea. of g•os 0111vER. o Lai . don. POW, . a a 32 Rs.. as e Rd. L..115aL o rV 1.41115 n36200 " .31SAL non-tangene PM dotte

57.1,12 Is of cum . arm .tones. =At on. .11 5671 fm

ro on, 1 ont IR..: nm TL , aearng of fied.ly Oakil Net an. .r r • Meng . Z;2 Of /ACME

;g 13.9 o Re.. root., . Costa, T5i fort col.. of 4511 Wet. distawe for °"' NOTE distor. SHORN a of

Let Of... • oars 11101o£VARD B.E1IPPO to P. 1.2110 W. 9 1;"'t 661AIKARD al t. o; 10,fr22" of Nuance '51. 60012 Mt non-lan.ent • I7.5.1 or a WAN fut.( SHEET •LORst ann of 104.92 Names r.:. tiht: 167,s5 """" ..128 tor Mance MeNTOSH 05.. 9 (117 are Om con.. me •tcop Mame a Norte.. t of of . ALL . 1.0 of Met a a ...fa. - nrat 7 9- 11•41111%. PC. Move OMIT MR el ARE " 1. . ar PLANNERS

o,rel '""".""" ostor. :

(12,02

4; het . aet foot to to hat fa. 1r. ran me 9 0. of le tai af 6• 37103 rodiur and of IMPROVEMENTS We nal m e3 57 to ant 9 :ton". fo • AND eurre • 4 Om Re no.. 26071 tne . oniaa:__y:f74 OP to to . Pm, .1 arc PROPOSED

r a We h.. 111 corm or. ase ecolooc• 52712 9 I. 04 HOLT- OPE

repots , Lne non Po. or tho 90...C OF P^N PCS, of 909.4 4 of .0 to con.. ASSOCATES.

82.10 to a0.. to •*MO -tong. 10000 Pral, • A

PAGE ' BOOK 0.19 so0 ocoor AVM • Ihrou m. "° oceord. . -of 114, - of run 2 m " mao Po

taw no. 5 et-o 1., non-ton.nt 4 a Recce. t3 Pon. 0"nn OF of Records ° ,- .4 nanion.nt -am, e novo cuRa .'05 fee "7"" .E. /Sanaa 70011 . I0449 OP OEGPROM. t9 , n, Won. , a to .. 9 go go te SURREPONS *1 of go. tne laid g. .•

a we 01,1. JO 1,9 abed L98917L0900Z#Nd0 E1,Z17abed/98ZPoog

“1.-V”.L181HX3 --- L ROSE VESCR9PC. ra *rine 601 ft. Comma. SOTSreo 5005134 ca.o. %OS Xt.., Inemsf. Mot MP rwarnetra...1 ionto.• through .50 Conts,iralp 12.70,1.1 try ..eSE OESCRIPSON. ra Comm. SOLIrtr E.., .1.011.2 .. 00.00 as Parc. 7 Commenpro gra.. Ins 106.62 t.. That KONNINQ r l500 7•7[41 Sraramotorly ore. Soulharstorty abloom • old ▪ o•note fps.. fi SoutorrosItely.09 0114.1• OPTalosonZaloyarnonotaLw.9 ▪ ne g. rrogn n " dielanee ;r74 rectenhnl a .O tatp . trot run • port frol pot 1 Mb.. lormety part o riencem 26 - trvervio,of . fera ra /6 bet le • old of 13 run bet nee. : be, moor a . I. 64 .. • - ra "' 5029510T coppeoring f

al •

- or f° . of af,..tat as 02.1.40.10. of for IP ra 213.212. 0.3.1 t Of. of 0,03 *are ..• ot mean., 5.9295201 a of y.) . el al end - . b flOr f122 r. f Men= . 10141re n. for Lot 1E06 100.60 Lel tot1, fur to . net in 1: oan far tor lbnce Ono ret. t.7 Ming 0.0. an " of • alma o record. 2.20 .. Om r,f of - Mgt

tno ancri. , o • a a ASPre n 0° °" *Lona e.o.m. Osten. 1 . 1 AtOlf54 L 501.0514 sorb 22.21610 1. mat 1,

53211.07 , not , .toon fo trt;tt Mord on. Nor.. fralus poOt 73.61 Iterbrest W. Nartheneet Lp . M WWI= run pant VARA665 fre ..PDF-DEPTIMPERSIE Bralt r. 61.1ADES d Me 2 ole in run the a of o .E

° for Se.1126 ME f a .21 , - through mer.a

more °' PIM , roefue ra r0910. X2.2 rnarat 40 ato oot for of . al 26.2berle of ore hea.6 . eliotanor fora for n ea en 2661653, of of • of of at • .

of , . t toz . E fOr`, 1119021. 16 , ... Of room. r af TOIRE22 a.. 1, .e Nano. afar or O Ocr. a 90.00 12 . . 92. a 16108 erame One

' of of tr. . orlon of con. S;2-4%.1 I.. AT .00 5.52 f . earner or AT fi for or AI N22 . 2DE41 .tortr 4110 neat , n Orr. Of el ' di.. 45 Peg. a I non Mon. f0.0S s:: fus. n oak/ Ms run ngs22 Meted, Lase af .tonav .F.ontrol la or UNIVERSPE. lees M1 • : o - ORDER. /91241, al . • /06700 E - .3 c 1.5 Net

'MM., far run tlistonr,ap/01.01 N7.375.2,5 of Mt al • f . af af of co.l. 500.0.2 corte .0 .P. 00 '" on. one 11DE . a fmt for .

at re feet ..se run and t hehonle are ren kr Monne tnee a rt. al 90 ° .0 Popes Popes srad ra amw shr.frIST of of ft./. to .

• Lot 05 .1. ane to a on,.

Rmum dim id be., of a Soulneashely tb..• tak. lett being Mt 2.TV°.;.°="; SEIB LEM care Southro... Mom to 60 ard a.m. 202,..6: Lot the Let BOLLEvotto eatrv. Saoths.. ..no• a or Lel Not 61 Of 00L92, 42.45 IODLEra.a0 ao. or 4 along • nen .a. " E oboe or Pp. and of and bet ague Mill suLSP me 1 oraMt unco MOO a. L ntoloat .ubject wejoal an POIN70=1.1 MP ry enrage • *WIT Nortn.y etres...no of ras . cm et mina of* .1.02 iset • Pram °Nora Me Mance cu. et kr al al . WIWI.. Lol thence of x51..1 ot of an.

abr. ore OF otere . to0/952p, 112.2115 OF Na Mato. Neettrao•IL P. fa. run 90... to es a to 27.05 la erxr olaae POO, IMF 1044.9 la run 354995 to of. MIT 61101.1b Northerly conc. distance WOWING le.ares harvo non fo run 0.. run any P.M • any and Rol 1.• 322.0.2.. FIrprie .• any ad Paorbp albs An f eeann", Prate., r of off Mi on. . Oh, non 20. ONE ONE. run ONE the 522 Ma the wet ri 0,6(10w1i. 62S42 SZ.1 105 ripu-of-tobt o ra Mat al .guts 52001.021. onl;'06,- the • town. -.pent Raga. o 00.90 Um. R.. . n alstonra to O.. Nam, for Par2S5,620•1111110. arc 2151125r2 421.4 of ,, so , BAYSHORE frararag plbl non-10apant 0( of d hos. of ere , a.m. 62 23!..20 ru. fo fora use tro.r6Sio :reet accord. MDIED611, 012 al Oen. altVe la o ra thanes 1 trona , -al Ow.. . 142.27 04, 00 a - 1733 of 62316111, non • S61,13210 or • . me 000r 2... . "T 16 . run -900 ...of cre 1.aang ea .1a. 0, Inrougn ws • me or u al Mt of -10...t of of Nat . olopa nun Me ob.( 15 cm. canna morn norrao ""*" 0 . a nora• ence Dorm 01001.11* ' . SOrseseOT for 1000 Own Oronpe MI Oro, gom la Poops

ar. 97. - to n...r so. corm

aro Pi r.trialram an. restrictions botriottons 0 on N6T23511. 0 to. Mr to 11 ' more tn. .

Me o curve . fo - the

eafa a 9 Mtrmny ...... ° 00.6 sane bid la • Of ra DI

N.00.10. erso al fo " a / ea. of ra 27.06 MDER

Oaf on tliom thonoe feet plat P.m. tmgotag Corp foot toonta plat ad. Ia. raelos .rot. Om Fharicf. 100.. p. drama. n o 1.101. ra omens said data. ne"a"r' newleOs. Wester, Wagon 11.1., tp0 tom, PONT . o! ma O a. thereo, 9 ra an feet and on roe ennene ra ra or of ther , ra kr ban e a n - of a m a of ana o hoe ha CP or • AT / j \

/Remo L... OESCRLPIIPP must 7:::=Zera:=7:3 auf+am:•lar rv Marione PRASE anta. momenta Comm. 7.3..0 a. 22.21.4. opgDpsong5 tab 159 I•189 ehoo-or-rvo 5.22 Cont.. bramentt DESIMP110ra . n. r Con ceni.orbeebf cestennnr ti to PHASE Cow„ 11 deserbed tio, to Mol DEPOOP/I. FraAsP be al 0730,5 52.03,r. * tratenra 0205 27.05 rta rv VISTA orver.rvrvore • 6911..' M. sob bore us , Nerlholy .lf:1-05 20147• 12 the neeareed • t .n.• . of osers -of-....• run f tood Pal . at aura . 0 De 04 0g .t tir=o 56... Mast PONT al PI feet; •ald of Sootnewelefly 20 Po saarbp . of of 1072.00 . - to/ 5632.256 1I .00 of of ..tormtpn

tar at ers al Ore. ef of hat a fl...f for Prot for 0 . hot at tun r ;; for he rate . L01 70.5 0 Lat 125,00 20.47/ Mal tot late .n Nance on• Lap 092 record bear. oro Woes tae OF a tr nee of eslse Mg a a °/ .199 Boat 1/ . pat • ocrat or 471 ra inerra I: .lonor 1. 8E0.41.0a/ cgs.. of orbsMore of ma.* MO flasoll.b. .10. t. cOMn. L107670' [bunt, 1,

.7. PONT of

Crnot r MAD . - Melnewel m NI.LAGES het 29 f+01.3310,0 2 CAY conlinot ME ppes., On,. soot Mitamo feet Book run fiabneataly 21:°".°Lr.."°1,1tIvartr..%'. Moo,. Dolt lb.. run • . s for De Wong to area onfro •7•1 . more

52, PROPERTY carrot Ma. corn. frt. to en. 570.0.5.02-6, " Lot CES to OF Mona

Rana a Scoanoestol of of of 47?. . eurr Popo. /or of 10==.1 4. of

for th• a , EciaraliPS4L BRONMNO. 5555555T far Ps. .01100. 09 261.71 2DEOB PONT ,r ar a Boa.. corner '`.." or WAD te3.09 a or .Orvord. 129.611 0.1

Poggg of 1.as one. of. km IMINERSAL 1.riorly thotsa • Ore box menial each. ra moves. lass tonce AT DMOLSAL. ...a ocra .

Para n tratance 7ra of OF r° and MI Of Saramsloly a. foot o N67175611 n One of . fart bot or .0/. .. 737 one • Troo: Map far ose 0. BMW.: Lot on. trad o. cloog 109. *urea= *Mace es ran

OB76

as 0949...I .4 pa. • to a 17. of as . in to . 15515.55...

al ...ce 1, El(Xerve..90 N22

shosnan..1 of diem. of of rod. *nu HARBOR Mo ra aem 6001.21.20 of 4 tne Let Ifortn.stair 2201 Plot 1=Yo7ro 001SLEVARD snotto a . 17626 me r 10 n1611524 1.2200 oune the Public "''' ' sub, on Ms nan-ronrne feet . 42 POWS . - Maject sfttOrsttlillt.SMt soid POINT I. ra

"%t=

of Boot DESCRIPTION Dor tab of ara . tor me rplit-of-ray non Publrc n • 04 .1 t,Prt Poorer .nc• on f 2,39.72 of tpre7;7e:rart . a thence tot Senoras .t • 7

491.240 . a . of 1.16TIOS b.., OF to I 14224.6 OF Nal to ..Ce 23050 carom 10 Rocca le tionp . LANIT 0. ' run so. RoLoom isIone• .PO. e Para. fo plot 11.011.G any ' ban afona to run 11001.1.6. my to PO. alat lona any Seutherttorly ony r nm avE nor On.0. scrir5sT elania7reogree o On of r.to-of-e...00ra0s . eone Pei ONE mid egras-af-otoy. 10 ed S62 ri.lpf'10191099 0 Mt nuotore.t.. rigera-ot-irao • - of . Me le6D6DrE N.5 X. m te Orange 55 US> pox elbre of 12 error.. - or .,°77.=';; ILD e rv 17 Nertnoly era accord.

awn! MB*, Ihroogn n Mm fon ocrerver for COMO SQUARE . Ix traragn Moor 50 Wong rc,ar - ' Innoelaar. 2000. r .= . - o .70.1.7

• . bor. • OWN a poPt 60y. 0 Counlp 52040,0, 2 orator.. Piston. rigeot-af-ew SOLON eta. le aston. ant.

ob. Scoth... Mt Mot re 00 nen m wawa. Ns be Coun19 to Lou, for murati.• to 16, to 7drrly

Of conlral roo.liof ' en. CM.. tato

Pm. Or29 to ra6.12219. of the bobt. • N for the of CM.. those ame of of O.. P Me S0/..092 o

plef of hedno ... year Mr mt /1.107 o 7.r piat

.00.3...• 21292 olonp fleet.. Ie. non-labent ip1x5000 mar : ova. 225.05 asien. Northerly n. :" • tnam{ of UNT Pun. Mabel 1.60.2 17 dranit. , .7 • no, nor. th run on !Mr Msterly theneor. a . n. e of of NO far .E. A " feet o oro of • as a to - CONDOMINIUM Para PAT ra 1...n Comma. .raorae 0915,0 51,0057 56270 or . oorma.1 511 PRASE 0292.no as loor asavertb knonos C ealonor Net 5.1,r59, along ond o m.* Feet PRASE DESOLIPTION. „TtoO,.n11,566 leffit nor caw on M.. rv b. be L 5outneestorty ce... vrrz Mance . .40 .ASP lea.9 16. ar ContranZa o 025ORIPROm 5.2.5.6 trap Commnee 1211 to 551.'w control POWS - terr o ° as plif, ran Mont noue5tV nrarbe o ow, mar. meas. 212.02 tne . to to 06'ET run or o 5262216. - ra , and P Me gu o. .95 a - encore, Mona* .n.. ef 26 . 7'0;3 • Moore n of .

on. chord . . ce Wet Pm . 1e of Me 0 of ear 26 plot 56, leen a d •rvarchno - cabal 25 er so. 1:133 on. TrolOI a al .1.0.19 ar•lence of onale Erato. as

brarkg 65.62 • Moe way fin a L.M. al at .ence fore an. at PPM ervint moo Mht-al-rvo • Not Praia 6.547 91 00 ate onoret M., at a/ ra of of

RA main..f Sauf.e.b..0.1-4.-.. a 0 Orr mead. .10. rut. for Ina a Plot

m sa.....17 apt of . of o roam Orono* tns...... of oroa,r on. • ma Northr. Plat feet te amt.. ra 3. . abb. .9 sd

far I) ,„ a 1.2.131,5VE 01 or lIn• 1. Cr or ra dalonce fl.12 ramp nal 0013 C., mow Po. of frame ma• bet cancan* mums 5.5.0 Boolt I. -al o defame , . L of SCUMS 15 566 footway sobtorS 126.6a to =r0 • No berir.

of *ea. or -ray SauthooMely of . more wen. . weal .tance 362 plat POWS . 24 r . SSY52 maraca a 2esrE of . 057241 0. 04 soil prot - lor of

. bale, of pent. 0.9

I. 0223 of - Pr of or 56

SoLthreeterip. DIR5 . for pool ob. Mo., E earner One 134. p for

of AT '". or ee, Ora D66,4 • . an. fa=1.4•7 of . 7.9 , of o mo AT Lot Dranget ol Of tornor ',Ad 141: for thereof nr 10 Roam. . a 2., am 909e7 a bob. aistenes Ira. Pap. /4.1.0 ovIvnts. a cur. of ra run

,.m . . 5613E1, 51 less .10. Mr traPERSAL

of of Dram Mem unarERTAL a 121.56 1 Ike awe.. F... • Ara ise. on awn S2.250 01,6 of . . Net 5.E astance 1 91.3 Mr ara as ran

am SZT.P., 60.00. ...nay e a Of fool for Ototy. ace to to coma. c as so. feet ra . mormd prawn POPITSCE CONDOMINIUM a 3 os eart a/ ..1an. raci. Soo..., Roe , MoNo trarao hers ra DONALD Prang o cancan* DICSICERS Lel tho

Eso . cm nand. tn., 0. distance to . at of Ont , n pang et Lol a... of sout n MOS Nort.rb nn of of BOULEVARD - oontinue Bata.. shown 0 to PONT era a sub. 70(2 goolnrastany raiff I: 53. Fl tne le al Po a 16242 mi oe SoutimesiM ...rho aoraect 190 orida L me or 11 Lang hultbastony oraRal 75,5wo 11 .1anca Me 14,29 .0,0 o FP of thence rum in al amp LIW..t6.1ove; 16 al Pura.,, 522 feet run Seutneeste,• .ence .146 tuna norau• al 4200 Pm MOM..

in 19.. of Roam through 96.32 Rot NW rn OF br not In,. PS 112.. a 53252..E. blo 0 in MI /Vein, ea.. soil Plat On. .0.1. for Lei Soolneests.. L. 101.23 lo along Env, W. NOTE run 55007 to toe BEOMIND . .12 o Mt .

run 10 Neer " NREITSVIS but on, gora la oar 56717 to run feel troir al • le. • of fun One Mt, w.e.o. SHEET 112027 I. Afortheffr tiny Iv mot neo Soo* , any run ptat hall7,5, along a Merano oistoore o non-tan.1 met ony lAcINTOSH Ma feet m /79147 01,01,-91-0ou 1200.00 hoLing sol 5 to tno S.S.I.S6 11. 5 foes nat-fonpant ra . al•np feet . 1.:1 14 5551515'5 one along of rem. are C12 . S67125rE oto lele SS717.62 (1651.6 56 e Ins .ance n. I. .rnts-ofrvo. no., EXHIBIT or ALL ...19.3 VanIto Wowing to ra . tot Ma RANNEAS 16 POINT

° . Pep. 13 rho. ARE • E nra or to . of 1n.c• Moto 5 PM/ acetranp . rv Part, 59. .• of -.0 7 etano Ana tn• 2 Ma of h. chore -01 Mr of Tor en& AND fi • - aro arango throto: pro e , 2139.72 IMPROVEMENTS n. rad. ,,, n 5 feat bat Lol . .aung for a - -cos o;nr .Pawls S6717,52 1.1.31 0 rant .00. 8. are br of 5 Mom , -rap OF a a 132 PROPOSED 7 roalus worms ar 01 50yM 200 otorts. od la ur Mance Out

. lonsisor OF OF a OF

oar. or.9 diem Ora, of Labe' . saki 13 aono of BEOFMNO ( a L1.0. er notriotioro at 11 ra rv so. .toace ' AssoaAns. atm ar Crarao .rent. Mi.. a/ • Mom roar.rone PAGE .leba BEC.0.0 UV , BOOK 7 mp, am Ian D211 ma, ....a • M.O. . so. rt f non , !Lot fafif Me al oaf.. 107100 7: Ourom 5 eanownd chord .• or C41.1M. abet.ors the Lot horrag ma 03 .0 of Wane , M of - or chart, - oom

10Moo Drama WIN Eget, to , 125.00 ElE01.I.VM of rime South:eel., c: of I 15 MOM 116. non 41 sob mkt Plocera. 70 Souther.aser Menet of 205213.0 . al for Easterly ono.. of 16, T25.29 /69>) . 5.21 Mrace run

a Int FPI or10 Mooing of for 131.15 PoLfic loot awn ai or

no of SIIIVEVORS saki end 91010n. 1.08 tftneal wan o Ihroben .04 cores 37 bent Ant tond 0 a curvature 11.• Me 0 foot

340.21 7.745 a .

1a 10-.• Ona fine 0 Ine . Lot 2 rervt

of .e '. Is eon o of tAc. of 014 10 Z9 abed L98917LO9OOZ#Nd0 171,Z17abed/89ap1ooe

,Z-V,, 118IHX3 / hrr.0160.0.....006101M9LL 77 119535 TIM 6560 C9minnrce dalann Sturlearw *AIM ▪ 239.50 Nairsk•arr . Cantainin0 9E0.0059 2.nmce .010 Mternea.2061. fighta-al-o,,,estrfellren thence . own. .0 040171 hee. Soot., '7' 00 16.05 taa2root: mer.ser-WE ha327 I* Ow.. .•••••••• • 2237 0 5.38.02 Ma : mi Moon right Me04 Oano ▪ ▪ 149Irta-ol-trax Conta.p OF MAW DESCRIPIUM beer Ono. Wen sou LITT LESS Im 1g/im Rohm I.. Cornmonroment .orph 1460 . K e 10600 Moon OF nolo.. a .7 . 3 . . 71 f 0' da 4•-• 1strz • non-Mytne Me. Solon. ORONO. tcaa 66'166M r ...o.r. pert 1 tr. OEMINI. . ^N Me run 0030, eim. . South. 544710i 001 ✓607 . aF 27, orm, . 0 forrt 13 ARO tn. woe. a run fen he 9. of ' fa. 4 he. ., • ro Sou.o.orty 91,5030 to nol

of 7 o ran P* 50102 0 1 522126419 a or ML 17 b. ;,lon9 of ' •••• eene... foll OF X321171TE ot orc 1.053 ., ' 2.4.2 En. cordnal fo. 1.412 EtrEPT to SITITSST of sne30331• Ow t eon. 50171 15 nor 259.30 Wong ...9 1. for . of riaa.5017 Lot of Om. .n. ' Lol lor ••••••••.. el.... Diann 0 Me .25 Mann , nor OE... ‘Sooth..1... of ., ow rum for 01. 4„. oe 7RACT 72.15 of x.rh res... reohitkno h7, Oren. len.. bar.of of a 0600 .. a , 7 inone• =AT ar. Inas .5.7:elthume i.. v =: nag am. .f I. awn/ Monk w. worn Soutits. M.o. 110026 mint ...Oh beano . ,... an. th...1.4,.. .00 foot 2YE nye F. 11/64010. rfietor. Wang the diatom 161.A Mil a. feat VILLAGES 1.1r: run lam.y loot haan nor SET/T6.2 O.. ,, for awn sorrriM Not more .10.x9. Imo la 04 foot awn j of of ° r. - a, s.th•ay of to rnore Eamfaly c , of O.1 o POO =;1.., of far In 532 nror fan SESS010 12 w * .no• et M. of ES 1011 .... 70 5S38 .30 .0.17.

ourarturs on .e no Orm of ,,,....._..--- Il., 005.1 30 MI . • SantorE 0.9n atoms F. E cm and 03050 a end of to . ar • L' of 4 4211.11Eter %4•TeV4 are !kW.* end 01177 PCnit e run of or - rafflus PONT ;• .0 or ....uneef • MM. ' dietance

tto lear 1.60.646 Or . 74.50 nom, kM.sd ar „ LOOM. . SmOnl 07" 23521 . S9630 avne nor LAMERSAL 37 paint PONT .00.n. re1=37.ProtTi:rorr; . . 6aymbg or x704 of otwornents 3TE m...„ Joss rue " • e Ia. at .

for Gown 1001:EtSAL Seulherly19. 11,1 • run . . ron orn of son trIfl, . ars. 5711 of 50 FM. or ler

ow and chard sob

✓ of Or WITS/7 • 2.11V2) OF for feert

of for tor • of feet . seil 97171VrE or ' 112Lot Of E: on JE.7119101O 7.7:: end owe x154 . a S00.00 019 00. .torn • 92601TI37E yone re, kr PM. of oistouo

11=141... 10600 7.1 609001YE OF h., of a 6.4 i70rx5400 an* a 74.12 FAerina • 279./0,10•1 . au. sok, AZ . ' of the. tan.* .rang a Range. ha •ea ., E 01410: 2130.1 eee Lot Omar ' L. di.. BOULEVA7ETURII MM. MM.` Mean. testa. Me e thonn x0. Lot f1

en. a 245.79 WOW. new-tencant . a mord far gr401 . dela.•••I

of no .tanco ...t of the. BOULEVARD 191 Murat .1 • . , memo thnapho ...809Hma .t a 277 I won0 or 4 a 1.0 nor., of run Pe. 0.05:7 ,...... 4,7ta•c of NO./171/

ro. run 1.0.17•7 . nor am.a.e of 50E21 N. st00 nor a al MOO K . 1 for to 711.63 of dome of of Pk.* hence ml:00.00 - ond feet ••••47,7 Nornowirly

• 6 wan 93712 ...we re ha 10 o 257.5.7 Winlner la - jeqt thri Mee •••a ••• 110371 run o,. MIT /6150 Is 41146 then. 01110 th• o MOO We.. 116.:0405. r Nor.nyi of ' 1101 , a nn 09 too 55...nerr - thence Lot *tonne 25630 foot on• a rm. . an ow. oasto••• point

M. ron Mara/ 1110353 z on MAIO } a 4.. Mono. . 06111. e y distance 04'0 a 41140 POW 7. PONT , M. h . rat ut I . - of feet Ihek 10E 09 Mt to Man 4 my eon Mt 1.87 . on of nn of ef . of run 2111.0,, / PL,Fxr 15

o r of . • to 38 tor to to to.,: / for - / el . of \ Or a for \ , / VISTA / ,M•nc•roamolarseranany PRASE OES071.0 Ines Comm. Southern Gaunter nun.. run Conn.= Saulharly of ._ PUASE DESC01611064 M.N. South. Connem Eron4:ir‘1. Thor Sans Oman „T00 015.175. r:rre=ect". Ce.e• ' leLst STEW.,6 restrielions Cantaintu OLIO -- Inia96 ' noon OESC.1106 1•22 1.06118 M PHASE rho UOSCRIPIrten Moe Sou.. Carr.. '" 02011.1. • 226.24 130.37 Mt RELOOMM Inorin Carrunomik anot. Southern f •06.115 .othesotrly nrn am. Mt run 116717,11, Fame Mt Waimea , Confairt 1•00 mTt=gmT1

port Fulor..1.VE ar. ar., 5 thrwe , flarld 6 faaa , forrei‘no . 12,04 Foot . ort_oriat not cm :1: me'ado 311,31r , ..e. CAY Me Me to

54 thorm Int 1 Me . . al .0 /..111 6 et - 3.1T K 9 son . , Flark. 1•01: ma. oh/. foe, m 10 ot nes..

as of M 0 1.161 Lot 1:3 of and Lat - Me . Al Y..... of far 10 Mar. E , ' ro• sakf Moon run

of . be neon.. new. 34 567 to 1.00.0 1 Minn , '. Lot .. . .630 POPET .0 mei, kr .. Or L L64 earrozre; ...a 494 iurr o ren 11001.011 Lot hen= Mame • for - 7. man.. ocr:gr of 30 FM. a ofoola nem Sm.mt Or loe . ...Lowe Ihe 0 MTITSVE . ' 00616.9e•Tuillferthontrly ounnoweene BM ..., South, 11 OM.. One. 1 Sa diatone• =:orernrrat a /: PROPERTY YLL146 01160 , ,,,r Re 1. ''' e , le awn 6.1.1 n• . .1 ..66 n.. • trorrro Sou... 074 nen. SmornOt Seolheeet OF Mtg. . nor CONDOMINIUM them '''" *non NILACES ‘46,41465 Am, Plat 00, 7 mre rm run WM. • . . / a Le Let at 204T serrrserr SOf7EYE EEC.. 04 7, . 4

Mhom Na532 Plot la moan rnow 5 rer yl. o he . .- 5 a /401712rr he Mak

S02.001 of ' .

erne of Ina /Mac or ATM M.= r ahloins of I

owner or ~1 run run 010* 7 ono Won • tor - al of a 2411.03 rocar6 of Von Book. Imer kr odd 11606 re • of Ht. •✓ 1.09.91rjo Pm 1••• nror 0 corner AT or nn IIMOITAL !tan. AT " . Southerwrerly lw al 20,. of f OT.LL 15 222M, .1.• • far t1.2.80 SOntSet . 146,0 24./ a MISAL of MS* .1 of of of MAR. hong ninarna. and M.o. , sair of fIrrOmly 164600 mit II032111919 ma .. I .."', , eil Wotan. Or • Poin7,270 8611 ' it. hOrwo 11 ew MO Mt Mt Mtroo• MO

F. of for , '., or Oro. tof .

' end for . Ordny Nam, .1: . nrefatenee het Deng hat w •.•

Mt Pe. fat of Poem mid mks '

of BOOLEV.Allu.mt "".' . a rak.s. Lot

zold urn. , o. BOULEVARD Rot le Mem Moan bein . "‘" • ' 2• 6666.3 of foot 127:; a.. , 6.• DESCRIPTION 906. Rance mow of I.. 'N •Mlool w• an. the . L.. n.4.1..net 8017.16.7 the Om. Inme• 0064210107 Won= no. .J. • t w.f..

147.54 of Sau Pmee • • of to 1404.76 fre . and #.. ra ?1[ hr. thanne ''''."‘ Pala ouhjoet . - PONT neeJW23.21-0 glow. far Minse run 104.30.1 a era of or Mtn. Mt Wang . . o I run '' .4.1 • 0.2.1ter :630 of a e Mena. run run run a to . / Ma a/ of 00 1 • ‘ fa. Int easorne• run lo

prty of y MIT disionce f as eheed Prorihrly

ISIS. OF nor run bolt 1.77.6 Cr ory .." I. Puba3rre.. Wu IM00. a my run 5017127T 3737.003 NO17Firr My "*"" tO S0171,71E ohaia Ow 1.42, 7: MITA: . 32 ...a S2183a en or Le an. 7 Nu

SEMNING. sotan. th• ..WM run

rue. ✓a 7 1106 oh dohls-of-e. El serarartr . run ' FiatraerMY (me bat 70 f richtz-of-my bap rgr01 r1.1..... moo el ter io a 00nrco ow ao oaorMa MOW of M: 70111 ASSOCIATION ' far of 7 AM ,,. 1.001 maxei non-thent . 61101106r fs. the 7 or rirte-of-Fe. 303.17 ,1 31560 A0.02301 tM Me . .13 . '''''' fro .= of point 4040 . , 2E01.30 to worth . on* 250.14 re,. 11 et...... • 0 2.74 ft... , . Fel °r ham.

to/the mid Had, 0 thono to . ...;.0 a of for w• Otetme,ef PONT brio tor kr for

Cf 2 • Nth Oman. of .770 OW NaMfF23715 ar MI

eatene. M.,. to . an.. along MN.. ItEMOVR0 rang 12 • • sum : , a loot -' 160.0111. Mt dono reneerwy rm. r es.. Osten. POta01,27 Maim Mr.. . , or•••: M.. : . . of M 71:01, fa

owno• "'. ono, mem ler cam Arid Mt oren. &17 ra ha , Om rm. r Ono. eoid point 5e0111• them :t of , th. el .0. re . • L:at o of ' Ilni,„ .,.% r, Fe hat ' dIstonce moan run non of Men of of of 200 of mono 11 fe. . oora no. noon ...... 239 4 ,„.. Lot

M. or INC PM. PHA. . 1.1 CE300•160. ocsmanca Mot LW Commerm. SeertimestMy Pro. .Ioneo afen• Lon... Northern. raw, DESONPTOM of canto. 23662 Lennon am hot far far frre.1 nor Cent. Southerly .... a e Mon 3206205 ma. aim hr. h.. N7.112.1T PHASE honer Dag of ▪ 04 sale chord paint Fro. .6,7716V OESONPOOM thor.....yairoto r in Common. • • run Ge...01.552 rm. own roe1r.l amma.✓M ..o• ono. ' hal Phrt N5 4144 Mot 200 a o /00111/ nor 22 . sanrsai 111•0.011 pert X0M00.6 port SarthrE port 10U1: 1 .1 m of MN. mearly dAttenc• thre ImMy of Bas MO roe 2Strat Den run Emt•ely, For. Oon W nrn Mt 1 on. . 0.4 so .. . 961,71T emano 4264, 2 irm.q or tow.. of M. . fam.....e. .., noot a an • of point re or 5 Of el We 1.2 L of 11. 112060, at Nornmestoty /.6113 hot

aaaa of F.67.24 66101:17 rcair OOS Loi rae L. for tor tot Wooing harm a for of haMg al a/ BE.m. run of . ail 167.0) ha nooina 9! moon", be of 644 oil sakt 40 Nem tne . on a e1.1.11 ..flint horn I* aaa at en1Let o 0•10 ent L non 64059'x'9 or. • Or for we wohl 1 . owes Poem 1. frald en. 244.41 . /01.00 foot SESOMII SaatImal . Sounmet M11. 4

Sm.:. Or ha. Minn a 49 011,00.6nw NUM= VLIALES NLLACES 50.1.3 of 4 on W.f. M o ; . • .18 norr-thent • , faat Lot ol nun. , p.m eau. MOW. .1 14 a,. B... 14 IMmo anon. rm.. mid one fn. rosy. own NW. 331.37 won .7.26VE • far rano 301..37 ore . fn. .10 for 4 . 1: Mom 12 .. nor Po, or of la el La • • of norm honor Mem nem. el ojittom mow througe 1041007 .

or . 061 *mu or AT 04)4,6 AT r earner or Mean. to ao.•• 772.15

Wong x7410'2.1467 Mann al 2760 00002000 w112.2.2ME horino of for 07410 23662 Moecorm M poke • no foot al at 10 FM of .1 ✓ a tom v: .• Pen

01.1:SAL 6116664SAL son*..run 32600 INfritItS4 oesIorly 7.7.0 87015* A.m. . run Nu the 3110 meld .00.16 a Om SUM one Mit I man nor arc of no. of et ef ern e a end or 40 Mom .enco • to 695 . 11"0 ma of ond . NM no n Pun. 0r. 01.7,36E a MOM .. Md.! not. Publie B> sorr.re ma nand maid d 4 Lot . 5000.*000.ig a of A.. ars. $1 for . of fon.. roa. Mt

• Fox now. ..304 baing 4 for Leh fa Worry 0505 of he Sanner 15211.0019 .1 220.50 Sawa .1 fete . Mo. fa, for. 01.4 Mann nasany 4600

- o them 5 he 1: Let OCULEVAPII for Let poorr 0013LEVAR

09700 VOLILEv..0 Northort.r Won. Mem MUM. Memo Roams 2.41 0 R • Reap*, end FMn 4000 a ane Mc 54 of on. Mena. on. 4 a/0,1101 ✓ Mtm. mtge. 07 Pune orsionso a cone no •OK•at outr5 don. nano for I. Mom CONDOMINIUM /0660 Fenn

Mt 7M. Southrrntrly aloloon a no run fsel . • 32100 DONALD he OMEENS Fenn Inonce me nu tn.. he Inure o run ant Int we of chord f..t of eloa 1I, of al nor. . of

of Ihrooen to 1'917 PO. • Ramon 0071 ker to tha 6122 of 27.00 10 nu. 201.26 WM ran lo . 1122 oar 2.6 le to of Me, Eml.y. 6.711014 of or opal deb. Am, trz;; OW, Ow. of earttnam to . 00 ...I 16007 Ma

see hot run run any o a now. 0.0.0 ml on, .711 I... Bone , run el orw onto my 3210 12041 rag, 1.00 smrser . .00 . 4.TOTE a. W. MAR . ,11,er • 66 OF 201 /. olon L 6601 wa o 114162 104 Ilpome lea a. r74/110-.01-.0, .011.0 . 7031).-41-46 Ne/30/11 righto-of-m• of NOTE ethes-er-my. SHOW hon. . 0unt, E min mho accorino mown. Kat W. ... SEGNINNIC Cam, cont. .1 MI of inn . for . nonce . smr5re Om. of for MI*, . .t of 10 .

0 0.0 SHEET anon. far al a mid he foot .5 147.72 for . •00 . eau ore 4200 LANNTOSH 34 far 1 Ea... 00191 of run OH... • ✓ NOF1)012 of to 11,1•10101 anyture • • LW . lin. ea.. a Mlonee f0 . F.. E . ALL *Moo on. for 0 33.215 North. Mora. for, ...1••••7 ytaM naa• fa 0 IC011BIT /64100 annhe• a MM.. .. of roao. tno 1.71.•11 Imp POMf Saatfunl eirk.“ M.7, 11117/TS1r0 County. d.• don9 atenne slam, ARE MAINERS . • ere. Istrram Ier to e te , mown • Ow mar. fi feet s. 1216 r ro non-tonemt Mono* ..t reetrictiols alotown We houre . of DAPROVEIAENTS rosniaam runoliwormod AND prof ustrietl, . err • 5 FO. a Aws. nano ar 6 dom.. No, me of saa.• of OF or tho 0.60.1 am. 000 of our. ..0 or 36.4.1 PROPOSED the prof feof thence Mence of nab. . distrem 1.4 ✓11.50 kr on 1.100 OF hr. tent 147.74.1 of L. BEL* 6 el Ftlor Enterly of 617.74 ormy e. of

14679 , EnsUrfortino AMA 6.7.21 10.7014 tworn

au. .nce ASSOCIATES. Ihmot the 1••••• an Fr a 24661 fer or throot x6,55 PACE of tnormat BOOK 2620 soLaaw. f7.50 067773. ouneture nn o. .once 20g. nn

. ....et 14 5 BE0.016 • Oncriunl os Se... of nwr /07.21005 a he

bra and end am al • of Mr. Iv. Mt .0 Oroaam MY Foot Ws.. .2.7 Me Mont ea..rtIony MAI f.

reamec .

or Souhrly folk. Fan 247,34 foot 00.61 Rasp: rim

720 Mt Seutherly nary* nano. or Harthrrosi, w •• eammnis • as !helm m • la 773.2 on to an el 00,0 of PM of af mean. neon., run SIONEVORS to Mu 0..14 a . Ihme• the krr oo.. 04T wee treid e. 4131 I. ode of he Morn Fa

. run • 4.0 M. of 10.

171 o MC. . of 10 of to

10/27/2005 09:53 8502310519 PENNIN6T0N LAW FIRM PAC*. U4 fib 850-205-0381 10/27/2005 9:20 PAGE 001/003 Florida Dept of State

ti Ai_?. 07.1'

iDa

33r.partizient of il/14\

I certify from the records of this office that VIS A GAY AM HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC. is a corpora io organized under the laws of the State of Florida, filed on October 2 005.

The document number of this corpora ion s M05000011015.

I further certify that said corporation has paai alll f es due this orrice through December 31, 2005, and its status acti

I further certify that said rporati has not filed As icles of Dissolution.

I further certify that thi an ele ron cally transm' d certificate authorized by section 15 Florida Statut s, and auth ated by the coda, 005A00065087-1027 000011015-1/1, oted below.

Authentication Code: 005A00 00011015-1/1

S r

Civen under my hanri and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-seventh day of Ootober, 2005

• /Vecin/ 031extba 1E_ gout( Artrrtarig of foie

Exhibit"B"

Book8285/Page4215 CFN#20050748867 Page 53 of 110

10/27/2005 09:53 8502310618 PENNINGTON LAW FIRM PAGE 05/06 850-205-0381 10/27/2005 9:20 PACE 002/003 Florida Dept of State

. e )•.:.'.0arf•• •,:.? ."-7410 Ne ne

33pliartment of ikt

I certify the attached is a true and correct c E the Articles of Incorporation of VISTA CAY AT HARBOR SQUARE MAS yR OMMUNITY ASSOCIATION, INC., a Florida corporation, filed on October 26,, 2005, as shown by the records of this office.

I furthar certify tha document was ele roni ly. ved under FAX audit number H05000251405. This certificate i rdance with section 15.16, Florida Statutes, and authent the code noted below

The document number of this Orporatio is N05000

Authentication Code: 005 087-102705 N05 00011015-1

Civan under my haw; and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-seventh day of Ootabar, 2005

Alocci 45Ictibu2EXanb Ai crrtnry ElfState

Book8285/Page4216 CFN#20050748867 Page 54 of 110

H05000251405 3

ARTICLES OF INCORPORATION OF VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC.

In compliance with the requirements of Chapter 617, Florida Statutes, the undersigned, being a resident of the State of Florida and of full age, hereby forms a corporation not for profit in accordance with the laws of the State of Florida, and certify as follows:

ARTICLE I - NAME

The name of this corporation is VISTA CAY A RBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC. (the "Association").

ARTICLE II - PRIN AL OFFICE

The initial principal office of this Association 1 Vineland Road, Suite 500 Orlando, FL 32811, which office may be changed fr action of the Board of Directors.

ARTICLE III - REGISTERED OFFICE AND AGE

The name and street addr of the initial re ster- • agent and o f the Association shall be Judith L. Duncan, 4901 nel n Road, Suite 5 , 0 ando, FL 328

ARTICLE IV - PURP SE AND POWERS • F HE ASSOCI ION

This Association •es of contemplateplate c ary ain or profit to its members. The specific purposes for ich it is for ed are o promote . - health, safety, and general welfare of the residents with' t air al pr erty described in that certain COMMUNITY DECLARATION Fa R ISTA CA AT ARBO SQ • ARE (the "Declaration"), to be recorded among the Publi R ords of Oran• e C unty, • rida, nd any amendments or modifications thereof (the "Dec ara ion") relating to the ropertie (as •efined in the Declaration) and any additions thereto s ay hereafter be bro ght within he risdiction of the Association. The e rpos • f this A.soc tion shall inclu e, ithout limitati of the maintenance of the Common Area withi the Pr • erti , and carry' g • ut, enforcing and otherwise fulfilling its rights and esponsi • ilities unde and rsuan to he Declaration. For the foregoing purposes, this Association is empower• to:

(1) ercise all of the powers and privileges, and to perform all of the duties and obligations of e A sociation as set forth in the Declaration as the same may be amended from time to time as her in provided;

(2) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursu t t • the terms of the Declaration, and to pay all expenses in connection erewith and all • ice and other expenses incident to the conduct of the business of this

1 H05000251405 3

Book8285/Page4217 CFN#20050748867 Page 55 of 110

H05000251405 3

Association, including all license fees, taxes, or governmental charges levied or imposed against the real or personal property of this Association;

(3) acquire, either by gift, purchase or otherwise, and to own, hold, improve, build upon, operate, maintain, convey, sell, lease or transfer, or otherwise dispose of real or personal property, or interests therein, in connection with the affairs of this Association;

(4) borrow money, and upon the approval of (i) a majority of the Board of Directors; and (ii) sixty six and two-thirds (66 2/3%) percent of the Voting Interests (in person or by proxy) at a duly noticed meeting of the members in which there is a quorum present, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, including witho limitation, the right to collateralize any such indebtedness with the Association's assessment co ect n rights;

(5) dedicate, sell, or transfer all or any pa his Association's property for such purposes and subject to such conditions as may be agr by the members. No such dedication or transfer shall be effective unless an instrument h en signed by sixty six and two-thirds (66 2/3%) percent of the Voting Int -sts, agreein such dedication, sale or transfer;

(6) grant easements as to the Co Ar blic and private utility companies, and to public bodies or governmental agencies other ntiti s or persons, without cost or charge, where convenient, desir. • e or ne ssary in conn ion wit the development of the Properties, and the providing of util y an er se ces thereto;

(7) participate er ers and con olida 'ons with other rofit corporations organized for similar purposes • r n ex additional esid ntial property Common Area, provided that any such merger, onsoli ation or annex tion shall have approved by (i) a majority of the Board of Directors, and ii) sixty six a d o-thirds (6 %) percent of the Voting Interests (in person or by prox at a • uly noticed me ting of the members in which there is a quorum present;

(8) ad • Iter, a end, d re cind reasonable rules and regulations from time to time, which ule and reg tions shall b con stent with the rights and duties established by the Declaration an with the provi ions a f these rticl of Incorporation;

(9) contract for the ain enance a • mar agement of the Common Area and ze a ma age ent agent to a sist the Associa r in carrying out its powers and duties under the eclarati n;

(10) • • erate • ma' tain the SWMS, including all inlets, ditches, swales, culverts, water control s ctures etention and detention areas, ponds, lakes, floodplain r compensation area , etlands and any associated buffer areas, and wetland mitigation areas to the extent such ar a ar not operate and maintained by the Master Association (as defined in the Declaration);

(11) su or be sued;

(12) t• adopt such annual budgets as are necessary to carry out the isions of the ecl ation;

H05000251405 3 2

Book8285/Page4218 CFN#20050748867 Page 56 of 110

H05000251405 3

(13) have and exercise any and all powers, rights, and privileges which a corporation organized under Chapter 617 or Chapter 720, Florida Statutes by law may now or hereafter have or exercise.

ARTICLE V— MEMBERSHIP AND VOTING RIGHTS

A. This Association shall be a membership corporation, without certificates of shares of stock.

B. Qualification for, and admission to, membe ip in the Association shall be regulated by the Declaration and the Bylaws of the Associaton.

C. The share of an Owner or a member in the fu ds nd assets of the Association cannot be assigned, hypothecated or transferred in any mann r, e cept as an appurtenance of such Owner's or member's Residential Dwelling.

ARTICLE VI - BOA ECTOR •

The affairs of this Association shall be manage I 0 a Bo 0 ID f P rectors, which prior to Turnover, shall consist of three (3) direct • d thereafter • all consis of five (5) directors. Directors shall be members of the As • ciation; pr 'ded, however, • riot to Turnover, Directors need not be members of the Associat n. mes d addresses o he ersons, who are to act in the capacity of directors until th it uccessor re e cted and qualifi d, niess they sooner shall die, resign or be removed, ar:•

Douglas W. Puvo • 4901 Vinela d oad, Suite ; 00 Orlando, FL 28 1

Matt Wixted 4 Vi and oad, Suite 500 Orlando, F 2811

J d' h ■ ncan 49 1 Vin and Road, Suite 500 Orlan o, F 32811

The initial oa d of Directors h rein designate • sh serve until Turnover, and until the rnov eeting hereafter. Directors elegy ted at the fir Turnover meeting shall serve on the Board as et forth the laws.

ART LE VII — OFFICERS

The Asso do shall be administered by a president, vice president, secretary and treasurer, and suc othe officers as may be designated in the Bylaws, and shall be elected at the time and in the m nne prescribed in the Bylaws. Officers need not be members of the Association. The na es nd addresses of the initial officers who shall serve until their successors are designated by th Bo rd of Directors are as follows:

3 H05000251405 3

Book8285/Page4219 CFN#20050748867 Page 57 of 110

H05000251405 3

President: Douglas W. Puvogel 4901 Vineland Road, Suite 500 Orlando, FL 32811

Vice President: Matt Wixted 4901 Vineland Road, Suite 500 Orlando, FL 32811

Secretary/ Judith Duncan Treasurer: 4901 Vineland Road, Suite 500 Orlando, FL 32811 ARTICLE VIII - SUBSCRI

The name and address of the subscriber to these Articl Incorporation is as follows:

NAME ADDRESS

Christian F. O'Ryan North Ro oint Drive

Ta , Flon ARTIC,LE' iX -DISSOLUTION

The Association will exist in p‘p uity. H• ever, this Association be dissolved with the assent given in writing and sig b b members e itled o cast not less an sixty six and two- thirds (66 2/3%) percent of the oti I terests. Upo diss •lution of this sso iation, other than incident to a merger or consolid- ion, th assets of this Ass ciation, in din• but not limited to any SWMS, shall be dedicated to a appr • riate public a en y to be use purposes similar to those for which this Association wa cre ed. In the ev nt that such dedication is refused acceptance, such assets shall be grant CO ed d a signed to any non-profit corporation, association, trust or ot r organ' ion to e devoted to uch similar purposes, but in no event shall such assets in 'e to nefit • any mbe or other private individual. RTI LE X - = YL WS

The Byla s o this Associatio s all be init' Ily opted by the Board of Directors. the B aws may be amended, altered or re nded in the manner provided by the

ART XI AMENDMENT OF ARTICLES

A. The ides of Incorporation may be amended, from time to time, as follows:

(1) r to Turnover, the Board of Directors may amend these Articles by a majority vote of the rs.

Ther , these Articles may be amended as follows:

4 H05000251405 3

Book8285/Page4220 1 CFN#20050748867 Page 58 of 110

H05000251405 3

(2) If the Board of Directors wish to amend the Articles, the Directors must adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at an annual meeting or special meeting of members entitled to vote on the proposed amendment.

(3) Written notice setting forth the proposed amendment or a summary of the changes to be effected by the amendment must be given to each member entitled to vote.

(4) The proposed amendment must be adopted by a majority of the Voting Interests present at a meeting either in person or by proxy, at which a quorum is present.

(5) members entitled to vote on propose 'endments to the Articles may amend the Articles without action by the Directors at a meetin hich notice of the changes to be made is given and the assent of sixty six and two-thirds perc-nt .6 2/3%) of the entire Voting Interests.

B. Any number of amendments m bmitted voted upon at any one meeting.

C. No amendment shall make an change in th eclarant without the written approval of the Declarant. No mendm shall be ma in conflict with the Declaration.

D. No amendment shal be ffective until cop of such amen t shall have been certified by the Secretary of Stat of e State of Florid an thereafter sha e been recorded in the Public Records of Orange • unty, lorida.

ARTIC INDEMNIF ION

Every director a • every o er of e Association all be indemnified by the Association to the fullest exten oft.- .wag ' st al expe ses and liabilities, including counsel fees, reasonably incurre by er impose on hi in co ecti • with any proceeding or settlement of any proceeding to whi h e may be a party • r in wh' he ay become involved by reason of his being or having b en a director or o cer • f the As ocia •n, whether or not he is a director or officer at the time suc expenses are i curr d. The fo egoi g right of indemnification shall be in and not xcl sive of all other ight to which su director or officer may be entitled.

ARTIC II — INTERPRETATION

Express refer nce ' hereb made to the terms, provisions, definitions, and rules of interpretation conta' e in the Declaration where necessary to interpret, construe, and clarify the provisions of thes Art les. In subscribing and filing these Articles, it is the intent of the undersigned that the Pro isions hereof be consistent with the provisions of the Declaration and, to the extent not prohib ed y law, that the provisions of these Articles and of the Declaration be interpreted, construe• an applied so as to avoid inconsistencies or conflicting results.

Subscriber's Signature on the Following Page]

5 H05000251405 3

Book8285/Page4221 CFN#20050748867 Page 59 of 110

H05000251405 3

IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Florida, the undersigned, constituting the subscriber of this Association, has executed these Articles of Incorporation this day of C'_.) - , 2005.

CHRISTI O'RYAN Subscribe

6 H05000251405 3

Book8285/Page4222 CFN#20050748867 Page 60 of 110

H05000251405 3

ACCEPTANCE OF REGISTERED AGENT

Having been named to accept service of process for VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC., at the place designated in these Articles of Incorporation, the undersigned hereby accepts to act in this capacity, and agrees to comply with the provisions of the laws of the State of Florida relative to keeping such open office. „A\ Dated this -,C-) day of Alt , 2005.

,L.)2 dit L. Duncan gis ered Agent

Registered Office:

4901 Vineland Road Suite 500 Orlando, FL 32811

Principal Corporation Office:

4901 Vineland Road Suite 500 Orlando, FL 323811

SAJayZIClientsTultelUnivers icles1 - Vista Ca Commu ty.DOC

7 H05000251405 3

Book8285/Page4223 CFN#20050748867 Page 61 of 110

BYLAWS OF VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC.

ARTICLE I - NAME AND LOCATION

Section 1. Name. The name of the corporation is VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC. (the "Association").

Section 2. Location. The principal office of the A :se ciation shall be located at 4901 Vineland Road, Suite 500, Orlando, FL 32811, but meeting of embers and directors may be held at such places within the State of Florida as may be desig ate • by the Board of Directors.

ARTICLE II - DEFINITIONS

All initially capitalized terms not defined re shall have the eanings set forth in the Declaration for VISTA CAY AT HARBOR SQ E, re • ded a on • the Public Records of Orange County, Florida, and any amendments or odifica s her of (the "Declaration"). "Member" shall mean and refer to those persons entitle • o me ers ip in the Association provided in the Declaration.

ARTICLE II - MEETINGS OF MEMBERS ( Section 1. Annual Me s. The first ann al eting of the m•ers shall be held within one (1) year from the date •f incor• oration of the so •iation, and e h s ,bsequent regular annual meeting of the Members sh II be eld during the am month of c ear thereafter, on such day and at such time as may b- direc d by the Bo rd • f Directors from time to time. If the day for the annual meeting of the Memb rs is legal hol. ay, the meeting will be held at the same hour on the first day folio • is not legal y.

Section 2. Sizcial firms. Spec me tings of the Members may be called at any time by the Presid nt •r by the Bo d of irecto or I on written request of the Members who are entitled to vot: tw my-five percen 25° • of all • ting • terests.

Section 3. otice of Meeting W itten notice of ch meeting of the Members shall be given by, at the dire ion of the Sec eta of the Asso iation or person authorized to call the mailing cop of such no e, • ostage prepaid, at least fifteen (15) days before such meeting to each Me ber e o v e thereat, addressed to the Members' address last appearing on the books the Associ • n, or supplied by such Member to the Association for the purpose of notice. note specify the place, day and hour of the meeting, and, in the case of a special , the purpose of the meeting.

Section 4. • rum. The presence at the meeting of Members entitled to cast, or of proxies entitled to ca enty percent (20%) of the Voting Interests shall constitute a quorum for any action except as rwise provided in the Articles of Incorporation, the Declaration, or these ylaws. If, howev ch quorum shall not be present or represented at any meeting, the mbers entitled • at such meeting shall have power to adjourn the meeting from time to

EXHIBIT "C"

Book8285/Page4224 CFN#20050748867 Page 62 of 110

time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented by proxy.

Section 5. Proxies. At all meetings of Members, Voting Interests may be voted in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association. Every proxy shall be revocable and shall automatically cease as to any Lot upon conveyance by the Member owning such Lot.

Section 6. Place. All Members meetings shall be held within the State of Florida as may be directed by the Board of Directors.

ARTICLE IV - BOARD OF DIRECTORS

Section 1. Number. The affairs of this Associati 0 n s all be managed by a Board of Directors, which prior to Turnover, shall consist of three (3) dir ctor . Directors shall be members of the Association; provided, however, prior to Turnover, Dire ors eed not be Members of the Association. The Members, by majority vote of the Voting In sts in person or by proxy) at a duly noticed annual or special meeting at which a quorum is pres t, ay increase the number of Directors to any odd number up to nine (9); ho e there sh n ver be less than five (5) Directors.

Section 2. Term of Office. The initial Board of ectors ;',7 sig ated in the Articles of Incorporation shall serve until the Turnove • at which tim e memb rs shall elect five (5) directors. Directors elected at the Tur •ver meeting hall serve on Boa • as determined by the number of votes cast for each el cte • I ire as lows: (i) the two (2) D 'rectors receiving the highest number of votes shall se e 0 n the Boar Or • (2) years and 1) t remaining three (3) Directors receiving the lowest b r of votes shal sery on the Board or o e (1) year each. Subsequently elected directors hall b elected for a erm of one (1) -ar. A Director shall continue in office until his successo shall e elected and • uali ied, unless sooner dies, resigns, or is removed, or otherwise disqualifi - • to rve. Provide I t at, prior to Turnover Declarant shall have the right to name Directors.

Section 3. emoval. An Direc • r may • - moved from the Board, with or without cause, by a majority vot: o the sting terest (in p: son or by proxy) at a duly noticed meeting of the Members in wh. h a quorum 's pr ent. the vent of death, resignation or removal of a Director, his succ ss• r shall be selec d b the re inin • Members of the Board and shall serve for the unexpired ter of his predeces or; • rovided, at, p or to Turnover Declarant shall have the ri • ht to name ucc ssor Directors.

tion 4. Co ensation. o 'rector shall receive compensation for any service he may ren er to the Ass ciatio o er, ny Director may be reimbursed for his actual expenses incurred in the performan of his dutie

Section 5. ction Taken Without a Meetin The Directors shall have the right to take any action in the ab of a meeting which they could take at a meeting by obtaining the written approval of all the D rs. Any action so approved shall have the effect as though taken at a meeting of the Direct

Book8285/Page4225 CFN#20050748867 Page 63 of 110

ARTICLE V - NOMINATION AND ELECTION OF DIRECTORS

Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two (2) or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.

Section 2. Election. Election to the Board of Dire shall be by secret written ballot unless unanimously waived by the Voting Interests (in perso y proxy). At such election the Members or their proxies may cast, in respect to each vacanc any votes as they are entitled to exercise under the provisions of the Declaration. The perso eiving the largest number of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VI - MEETIN DIRECT

Section 1. Regular Meetings. Regular m of Directors shall be held as the Board may from time to time establish at such as may be fixed from time to time by resolution of the Board. Should-said meeting al holiday, then that meeting shall be held at the same time • n the next da which is .day.

Section 2. S•ecial Meetin pecial me 'rigs f the Board of tors shall be held when called by the President of t ociation, or b any o (2) Directo er not less than three (3) days notice to each Dir- Or.

Section 3. Quorum. A m ority of the numbe of Directors shal constitute a quorum for the transaction of business. Every -.tor - cision do e o made by a majority of the Directors present at a duly held 6 - • . which quoru IC' • res t shall be regarded as the act of the Board.

ARTIC E I - POWER AN • DUTI OF HE BOARD OF DIRECTORS

Section 1. Powers. The Board • f Director shall ave power to:

(a) d clare the office of member of th- Board of Directors to be vacant in the Member hall •e absent fr m ree (3) consecutive regular meetings of the Board of Directors; and

(b) xercis • e Association all powers, duties and authority vested in or delegated to this iation and not reserved to the membership by other provisions of these Bylaws, the Articles orporation, or the Declaration.

Section 2. ies. It shall be the duty of the Board of Directors to:

(a) se to be kept a complete record of all its acts and corporate affairs and resent a state ereof to the Members at the annual meeting of the members, or at any

Book8285/Page4226 CFN#20050748867 Page 64 of 110

special meeting when such statement is requested in writing by twenty-five percent (25%) of the Voting Interests;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(1) fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each Annual Assessment period.

(2) send written notice of such Annual Assessment to every Owner subject thereto at least thirty (30) days in advance of each An Assessment period; and

(3) foreclose the lien against any p ope for which assessments are not paid within thirty (30) days after due date or to bring an acti n at law against the Owner personally obligated to pay the same.

(d) issue, or cause an appro 6 na officer to ssu upon demand by any person, a certificate setting forth whether or not y ass ment -s b en paid. A reasonable charge may be made by the Board for the issuance o ese c ica -s. f a certificate states an assessment has been paid, such certificate shall be conclu evide ek- of uch payment;

(e) procure and mai ain adequa liability and h rd in urance on property owned by the Association; and

(f) cause all o b ors pr employees avin fiscal respon ibiliti s to be bonded, as it may deem appropriate.

ARTICLE V OFFICERS AND H IR DUTIES

Section 1. Enumeration of Officers. off ers of this Association shall be a President and Vice-P esident, who all at II tim • members of the Board of Directors, a Secretary and a T eas er, a • such other • ffice as the Board may from time to time by resolution create. Pr' •r to Turno -r, cers n ed n et be Members of the Association. The Secretary and Tr as rer may, in the disc tion o he : • ard, be combined to one office called Secretary/Treasu er.

ion 2. ction of Offic rs. The election • f officers shall take place at the first the Boar of Doctors folio ng ach annual meeting of the Members.

Section 3. T- . The offi rs of this Association shall be elected annually by the Board and each sh holcoffic or one (1) year unless he shall sooner resign, or shall be removed, or othe is isqualified to serve.

Section 4. cial A. •ointments. The Board may elect such other officers as the affairs of the Assoc! may require, each of whom shall hold office for such period, have such authority, and perfor h duties as the Board may, from time to time determine.

Book8285/Page4227 CFN#20050748867 Page 65 of 110

Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one (1) of any of the other offices except in the case of special offices created pursuant t • Section 4 of this Article.

Section 8. Duties. The duties of the officers are as folio s:

(a) President: The President shall preside t a meetings of the Board of Directors; shall see that orders and resolutions of the Board are rn • out; shall sign all leases, mortgages, deeds and other written instruments a • shall co-si n a checks and promissory notes and may affix the corporate seal as may be quire. 6 4 any d •u m nt.

(b) Vice President: The Vice-President - all act he a lace and stead of the President in the event of his absence, inability-or--Wusal to act, d shall e rcise and discharge such other duties as may be required of im by the B. rd.

(c) Secretary: Th S cretary sh- I rec rd the votes an ke p the minutes of all meetings and proceedings of 0 rd and of the Me bers; keep the cor orate seal of the Association and affix it, if the Pr ident • es not, on all pe requiring s • se I; serve notice of meetings of the Board and of t Me bers; keep a • CO • riate curre re ords showing the members of the Association together ith t eir addresses an shall perfor such other duties as required by the Board.

(d) reasurer: Tre urer ceive and deposit in appropriate bank accounts all monie of t Ass ation nd sh I dis rse such funds as directed by resolution of the Board of Direc ors• shall sign a chec s and orris ory notes of the Association; keep proper books of accoun , «ause an annu au • t of th Ass f. iation books to be made by a public accountant at th co pletion of each fisc I year; a • d sh II prepare an annual budget and a statement of inco e d expenditures o b presente • to e membership at its regular annual meeting, d deliv rac y of each to t e embers.

IC IX - COMMITTEES

The Board o I !recto shall appoint an Architectural Review Committee, as provided in the Declaration, a • a ominating Committee as provided in these Bylaws. In addition, the Board of Directors shall a II I of n other committees as deemed appropriate in carrying out purposes of the Association.

Book8285/Page4228 CFN#20050748867 Page 66 of 110

ARTICLE X - BOOKS AND RECORDS

The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.

ARTICLE XI - CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the name of the Association, the year and state of incorporation and the words "Corporation not for profit".

ARTICLE XII - AMENDME

Section 1. These Bylaws may be amended from o time at a regular or special meeting of the Directors, by a majority vote of the Directors.

Section 2. No amendment shall make any change e rights of the Declarant without the written approval of the Declarant. No e e ment shall ade that is in conflict with the Declaration.

ARTICLE XIII - CONFLI

In the case of any confli between the rticles of Inc° ratio and these Bylaws, the Articles shall control; and in the con ct between the Dec ration and these Bylaws, the Declaration shall control.

C RTIFICATION

I, Judith Duncan, do hereby certi

I am the du elected and cting ecret VISTA CAY AT HARBOR SQUARE MASTER COMMU INC., Flori a corporation not for profit; and,

The foreg ing Bylaws constitu the original law of said Association, as duly adopted at a meeting of the oars of Directors the -of eld on the s r day of OcAlonber, 2005.

ITNE EREOF, I a e reunto subscribed my name and affixed the seal of iation this day of 2005.

Judith Duncan, Secretary

(CORPORATE SEAL)

MaynClients\Pulte\Univ uth\Community Association\Bylaws\Bylawsl - Vista Cay Community.DOC

Book8285/Page4229 CFN#20050748867 Page 67 of 110

BYLAWS OF VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC.

ARTICLE I - NAME AND LOCATION

Section 1. Name. The name of the corporation is VISTA CAY AT HARBOR SQUARE MASTER COMMUNITY ASSOCIATION, INC. (the "Association").

Section 2. Location. The principal office of the Association shall be located at 4901 Vineland Road, Suite 500, Orlando, FL 32811, but meeting embers and directors may be held at such places within the State of Florida as may be desig by the Board of Directors.

ARTICLE II - DEFINITIONS

All initially capitalized terms not defined re' shall have eanings set forth in the Declaration for VISTA CAY AT HARBOR SQ E, recorded a the Public Records of Orange County, Florida, and any amendments or odifica of (the "Declaration"). "Member" shall mean and refer to those persons entitle• to me ip in the Association provided in the Declaration.

ARTICLE II - MEETINGSiDF MEMBERS ( Section 1. Annual Me aft •s. The first ann ►al eting of the ers shall be held within one (1) year from the date • f incor' oration of the SO• ation, and e- bsequent regular annual meeting of the Members sh II be eld during the am month of ear thereafter, on such day and at such time as may ID direc d by the Bo. rd • f Directors from time to time. If the day for the annual meeting of the Memb rs is legal hol ay, he meeting will be held at the same hour on the first day folio 11 is not legal y.

Section 2. S•ecial tin s. Spec I me tings of the Members may be called at any time by the Presid nt •r by the Bo d of !recto , or on written request of the Members who are entitled to vot tw= my-five percen 25° of all • ting terests.

Section 3. otice of Meetin W then notice • f z.ch meeting of the Members shall be given by, • at the dire ion of the Sec eta of the Asso ration or person authorized to call the y mailing cop of such no ce, • °stage prepaid, at least fifteen (15) days before such meeting to each Me ber e • e thereat, addressed to the Members' address last appearing on the books • the Assoc! . • n, or supplied by such Member to the Association for the purpose of notice. not specify the place, day and hour of the meeting, and, in the case of a special eeti • , the purpose of the meeting.

Section 4. orum. The presence at the meeting of Members entitled to cast, or of proxies entitled to ca t, enty percent (20%) of the Voting Interests shall constitute a quorum for any action except as oth rwise provided in the Articles of Incorporation, the Declaration, or these ylaws. If, howev:r, s ch quorum shall not be present or represented at any meeting, the mbers entitled • vo at such meeting shall have power to adjourn the meeting from time to

Book8285/Page4230 CFN#20050748867 Page 68 of 110

time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented by proxy.

Section 6. Place. All Members meetings shall be held within the State of Florida as may be directed by the Board of Directors.

ARTICLE IV - BOARD OF DIRECTORS

Section 1. Number. The affairs of this Associati • n s all be managed by a Board of Directors, which prior to Turnover, shall consist of three (3) dir ctor . Directors shall be members of the Association; provided, however, prior to Turnover, Direc ors eed not be Members of the Association. The Members, by majority vote of the Voting In sts in person or by proxy) at a duly noticed annual or special meeting at which a quorum is pres t, ay increase the number of Directors to any odd number up to nine (9); ho e there sh n ver be less than five (5) Directors.

Section 2. Term of Office. The initial Board o ectors • ated in the Articles of Incorporation shall serve until the Turnoveymeetingat which tim e memb rs shall elect five (5) directors. Directors elected at the Tur • ver meeting hall serve on Boa • as determined by the number of votes cast for each el cte • ire r as • lows: (i) the tw (2) !rectors receiving the highest number of votes shall se e • n the Boar or • (2) years and ii) t e remaining three (3) Directors receiving the lowest b r of votes sha sery on the Board or • e (1) year each. Subsequently elected directors hall b elected for a erm of one (1) ar. A Director shall continue in office until his successo shall e elected and • uali ied, unless , e Sr oner dies, resigns, or is removed, or otherwise disqualifi - • to rve. Provide •, t at, prior to Tur over Declarant shall have the right to name Directors.

Section 3. emoval. An Direc r ma moved from the Board, with or without cause, by a major' vot of the sting terest (in p son or by proxy) at a duly noticed meeting of the Members i wh. h a quorum s pr ent. the vent of death, resignation or removal of a Director, his succ ss• r shall be selec d b the re m • Members of the Board and shall serve for the unexpired ter of his predeces Or, • rovided, at, • or to Turnover Declarant shall have the ri • ht to name ucc ssor Directors.

ton 4. Co ensation. 0 !rector shall receive compensation for any service he may render to the Ass• iatio 0 er, ny Director may be reimbursed for his actual expenses incurred in the performan of his duti

Book8285/Page4231 CFN#20050748867 Page 69 of 110

ARTICLE V - NOMINATION AND ELECTION OF DIRECTORS

Section 2. Election. Election to the Board of Direc shall be by secret written ballot unless unanimously waived by the Voting Interests (in perso y proxy). At such election the Members or their proxies may cast, in respect to each vacancy, any votes as they are entitled to exercise under the provisions of the Declaration. The perso eiving the largest number of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VI - DIRECT. -

Section 1. Regular Meetings. Regular m - ings o a :oa • of Directors shall be held as the Board may from time to time establish at such • -ce an• ,our as may be fixed from time to time by resolution of the Board. Should said meeting fa al holiday, then that meeting shall be held at the same time • the next da which is not a ay.

Section 2. S • ecial Meetin pecial me ings • f the Board of tors shall be held when called by the President of t ociation, or b any o (2) Directo er not less than three (3) days notice to each Dir

Section 3. Quorum. A m ority f the numbe of Directors shal constitute a quorum for the transaction of business. Every a t or cision do made by a majority of the Directors present at a duly held which a uoru t shall be regarded as the act of the Board.

ARTIC E I - POWER AN DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers. The Bo rd f Director have power to:

(a) d clare the office of member of the Board of Directors to be vacant in the Member hall s" absent from ree (3) consecutive regular meetings of the Board of Directors; and

(b) xercis- e Association all powers, duties and authority vested in or delegated to this sso iation and not reserved to the membership by other provisions of these Bylaws, the Articles f In orporation, or the Declaration.

Section 2. ies. It shall be the duty of the Board of Directors to:

(a) se to be kept a complete record of all its acts and corporate affairs and resent a state hereof to the Members at the annual meeting of the members, or at any

Book8285/Page4232 CFN#20050748867 Page 70 of 110

special meeting when such statement is requested in writing by twenty-five percent (25%) of the Voting Interests;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(1) fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each Annual Assessment period.

(2) send written notice of such Annual Assessment to every Owner subject thereto at least thirty (30) days in advance of each Ann 4 a Assessment period; and

(3) foreclose the lien against any p ope for which assessments are not paid within thirty (30) days after due date or to bring an acti n at law against the Owner personally obligated to pay the same.

(d) issue, or cause an appro officer to ssu: upon demand by any person, a certificate setting forth whether or not asse ment h s b en paid. A reasonable charge may be made by the Board for the issuance o ese ce ica s. f a certificate states an assessment has been paid, such certificate shall be conclu uch payment;

(e) procure and maintainadequa = liability and h urance on property owned by the Association; and

(f) cause all o r employees avin fiscal responsbiliti s to be bonded, as it may deem appropriate.

ARTICLE VI -O ICERS AND H R DUTIES

Section 1. Enumeration of Officers. off ers of this Association shall be a President and Vice-P esident, who all at II tim members of the Board of Directors, a Secretary and a T as er, a • such other •ffice as the Board may from time to time by resolution create. Pri •r to Turno r, o cers n: ed n•t be Members of the Association. The Secretary and Tr as rer may, in the disc -tion o he ard, be combined to one office called Secretary/Treasu r.

ion 2. -ction of Offic rs. The election •f officers shall take place at the first the Boar of Directors folio ng ach annual meeting of the Members.

Section 3. Te . The offi rs of this Association shall be elected annually by the Board and each sh hold office or one (1) year unless he shall sooner resign, or shall be removed, or othe is • isqualified to serve.

Section 4. cial A. 'ointments. The Board may elect such other officers as the affairs of the Associa may require, each of whom shall hold office for such period, have such authority, and perfor h duties as the Board may, from time to time determine.

Book8285/Page4233 CFN#20050748867 Page 71 of 110

Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 8. Duties. The duties of the officers are as folio s:

(a) President: The President shall preside t a meetings of the Board of Directors; shall see that orders and resolutions of the Board are rrie • out; shall sign all leases, mortgages, deeds and other written instruments an• shall co-si • n a checks and promissory notes and may affix the corporate seal as may be quire. • 4 any do u nt.

(b) Vice President: The Vice-President II act he lace and stead of the President in the event of his absence, inbirity-or-rusal to act, • d shall e rcise and discharge such other duties as may be required of im by the Be rd.

(c) Secretary: Th S cretary sh. I rec 6 rd the votes an• ke p the minutes of all meetings and proceedings of t oard and of the Me • ers; keep the cor • orate seal of the Association and affix it, if the Pre ident • es not, on all pe requiring s . • se I; serve notice of meetings of the Board and of t Me bers; keep ap CO • riate curre re • ords showing the members of the Association together ith t eir addresses an• shall perform such other duties as required by the Board.

(d) reasurer: Trea urer I - ceive and deposit in appropriate bank accounts all monie of t Ass 'ation nd sh I dis • rse such funds as directed by resolution of the Board of Direc ors. shall sign a heck and • omis ory notes of the Association; keep proper books of accoun , c use an annua au •'t of the Association books to be made by a public accountant at th co pletion of each fisc I year; a d sh= I prepare an annual budget and a statement of inco e a d expenditures o b- presente • 0 e membership at its regular annual deliv- a c y of each tot e -mbers.

IX - COMMITTEES

The Board o lirecto appoint an Architectural Review Committee, as provided in the Declaration, a ominating Committee as provided in these Bylaws. In addition, the Board of Directors shall a other committees as deemed appropriate in carrying out purposes of the Association.

Book8285/Page4234 CFN#20050748867 Page 72 of 110

ARTICLE X - BOOKS AND RECORDS

ARTICLE XI - CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the name of the Association, the year and state of incorporation and the words "Corporation not for profit".

ARTICLE XII - AMENDME

Section 1. These Bylaws may be amended from o time at a regular or special meeting of the Directors, by a majority vote of the Directors.

Section 2. No amendment shall make any change e rights of the Declarant without the written approval of the Declarant. Nob me ent shall ade that is in conflict with the Declaration.

ARTICLE XIII - CONFLI

In the case of any confr t between the rticles of Inco ratio and these Bylaws, the Articles shall control; and in the ca con ct between the Dec aration and these Bylaws, the Declaration shall control.

RTIFICATION

I, Judith Duncan, do hereby certi

I am the du elec -d and acting ecret f VISTA CAY AT HARBOR SQUARE MASTER COMMU ITY TIO , INC., Flon a corporation not for profit; and,

The foreg original of said Association, as duly adopted at a meeting of the eld on the day of N emb-eA-, 2005.

ITNE reunto subscribed my name and affixed the seal of iation this 4- 2005.

Uktalvt Jucjth Duncan, Secretary

(CORPORATE SEAL)

MayZ\Clients\Pulte\Univ uth\Community Association\Bylaws\Bylawsl - Vista Cay Community.DOC

Book8285/Page4235 CFN#20050748867 Page 73 of 110

Exhibit "D"

Common Area

TRACT I DESCRIPTION:

That part of Section 6, Township 24 South, Range 29 East, Orange County, Florida, described as follows: Commence at the Intersection of the Northeast corner of lands descr' d in Official Records Book 5638, Page 4160, of the Public Records of Orange County, Florida, th he Southwesterly right-of-way line of Universal Boulevard, a 200 foot wide right-of-way, said rig t-of- oy os shown on the plot of USI - SOUTH CAMPUS UNIT ONE, as recorded in Plat Book 46, Pag s 13 rough 16, of said Public Records; thence run S 6717'56" E along sold Southwesterly right-o way I e for a distance of 200.00 feet to the POINT OF BEGINNING; thence continue 56717'56"E along said So thwesterly right-of-way line for a distance of 691.51 feet; thence, deporting said Southwester, right of-way line run 522'42'04"W for a distance of 400.00 feet; thence run S6717'56"E for dist ce of 1100.00 feet; thence run N22'42'04"E for a distance of 400.00 feet to the aforesaid •uthw telly right-of-way line of Universal Boulevard; thence run 56717'56"E along said Southwesterly ri ht-o way line for a distance of 348.21 feet to the point of curvature of rye concave Sout west ly having a radius of 1200.00 feet and o chord bearing of 559'38 45 E; t ence r Southeasterly •long said Southwesterly right-of-way line and along the arc of said curve • ugh a ce of angle o 151 '21" for a distance of 320.57 feet to the point of compound curvature o curve con Waste ly ho ' g a radius of 40.00 feet and a chord bearing of 505'03'42"E; thence, de ting said thw sterly right-of-way line, run Southerly along the arc of said curve through a central an of 93'51 Of 0 istance of 65.53 feet to the point of tangency; thence run 541'52'11"W for distanc f 746.26 eel; ence run N48'07'49"W for a distance of 40.00 fee e p f of curvature of a rye concave Southwesterly having a radius of 325.00 feet and a ord bearing o 61'0912'W; thence • hwe tarty along the arc of said curve through a central ngle of 26'02'45" for distance of 147.74 to t • e point of tangency; thence run N7410'34"W f a • once o 85.11 fe to a point on o non Lange t curve concave Southerly having a radius 16 5.00 feet on • a cho bearing of N70'2212" the ce run Westerly along the arc of said curvet ough central a .le of 623'35" for a distan e of 57.76 feet to a non-tangent line; th e ru 588'38'33"W for Istanc of 1428.61 feet to pal t on o non-tangent curve concave rth ste ly having a radius o 4912. 0 feet and o chord bead g of N27'59'54"E; thence run Nor easterly •long the arc of sold urve hrough a central ngle o 10'35'40" for a distance of 908.35 feet the po t of tangency, then run N22'42'04"E fo a dist ce of 500.00 feet to the POINT OF B • NNING. LESS AND EXCEPT THEREFROM: LIFT STATION TRACT Return to the oregoing Point o eginning • r a Point of Co en cement thence, departing sold Southwesteri righ t- line run 22'42'0 V for a • I S once of 500.00 feet to the point of curvature a c ve conca Northwe terly how • a r0 • s of 4912.40 feet; thence run Southwesterly along the arc said curve th •ugh a ntral an• of 0 9'01" for a distance of 813.10 feet to a non-tan ent I' e; thence run S6 '30'00% for a dis ce o 50.87 feet; thence run N89'36'42"E for a distance of 6 .77 feet; thence run 29'5 10"E for a ;stance of 146.70 feet to the POINT OF BEGINNI G of the herein described L t Stat n Tract; th ce ru IN,160'09.50"W for a distance of 74.50 feet; th ace r n N29',50'10E for a dis once • f 100.00 fee , thence run 560'09'50"E far a distance of 100.00 et; t ence run 529'50'10"W •r a • stance of 100. f feet thence run N60'09'50"W for a distance •f 25. •0 feet to the POINT BE NNING. Containing 1.518 acres more or less and eing subject to any rights-of-way, restrictions and easements recur•

) A 1D LESS AND EXCEPT THE FOLLOWING:

Book8285/Page4236 CFN#20050748867 Page 74 of 110 110

CONDOMINIUM EXHIBIT BOOK PRASE 1 BAYSHORE AT VISTA CAY AT HARBOR SQUARE A CONDOMINIUM AND PAGE of DESCRIPTION. PROPERTY DESCRIPTION SHEET 4 OF 5 That port of Lot 1, VILLAGES Ar UNIVERSAL BOULEVARD (11.1 OVE according to M. plot thereof. ao

0 e044Na 01 Plot Bonk . t.age. . of roe Were Rm.. of Orang• Counts Rorks, demim es 75 follows: NOTE ALL IMPROVEMENTS Begin at the Northwed corner of IS Lot is hems run 3971731-E dung Me Mothwasterty rIght-of-way tine o1 UM.. BoulMard 0. an on tho plot of US - MUIR CAMS LINT ONE ecordag le Ina plat PRASE 9 SHOWN ARE PROPOSED Maroof. as recorded In Plat Boo 411. Pages 13 Prom. 19, at slid MSc Rocords of Man. Counter Flare.. for a distance o1 19323 NM Monm laming mid ,gist-of-soy Ns run 517:15419 kr e distanca ef GESORPROIC 13144 MC Mena. run 0175.4.41301, ler a disks of .197 MI to • ran-toneent come cameo Moths11 had, a realty of 1270570 hot old • chord Orarrine of 1.1771154.5-1• Mat owl of Lot I. ULLAGES AT UNIVERSAL Battu-Vona urof ONE according to In. Moo* run ababerer Song Ina as a/ plot thereaf, m recanted h Plot Book Papaw . of Ina Pub. Res. of PRASE 10 .501 area tamegn a control ono. of cirerae• to a diatfne• of 153.91 fed to Ine peat of amp* Ormg• Coon. Plot de.rbal reo Maws curroture al a curd ammo Munaostorly baring a rodhe of 30.00 Mt re•• a Sad Marine at mannbco Page 510772511. Um. non Southenartorly eleng AM re of said nano through • camel an. of 71.30,11' for Comma at the MOrttlinet Mat of said Lot 1. 1/110101111.111 5230423ew along add ma:Meg o distant. of 4005 loot to M. pat/ of langsms M.. run 32252134'W for • /Mom Mat port et Lot I. VILLAGES .r UNIVERSAL BOLLEVARO war ONE of 7338 feet Igashrly Me of said Let 1 far a distano• Of 27102 lest; Mom taming said . Pods . of Pb. Public Mono. run 075$21.1. 11 for a teolonce of 21.91 Mt la me Onto., M. of goat Let to the plot thereof.. mai 01 Ind Bode ammo ma PM.. One not 3743731* Ira diatom of mast nor 1. on POINT OF Rwarels at Orantio Gaunt, fled.e ancrib'4 as folios 922-42.04T along odd Washing Rs for • a.m. of 27102 fool to M. POINT OF BEGINNOIC. IlEtidas Mom no, 911, 40171 for • dfolanc. of 10567 Mt to a 0t.-Import cum concave Southorly having a radiot of 1270.00 fart and a and hooting of Contakkg 0.793 emu Commoners al Me frandororot ass of said Lel I. Mond run 52742'04'01 mare or has and Oh, subject to any righto-of-way, rosaNtion. mat ersommto of 57414517E Mend run Eastaly alarm the era of arre 00910 tame mord. sob taro.. • oont. ofong .09 Reddy .• oP MO Lot 1 for a Slam Cl 213.02 MC N 017914. 1hr • ditance of USW foot to n gen tams not NM. mid Iftstriy ran 576.1217VI for a MM.. of 230.25 MN to 17.11417"E for • dlittana• of 197 het non-lonsant cam Soullualr Ma POINT OF BEMMOVe Martm ran 579.225.3"E far a diatom al 31.43 hasIng • rads of 127000 het and dere basks of 3727112 Mom run fmts thavor no 5e01r4e7 for a Stan. of *6713 leak M. 0. run PHASE 2 Coddle Wong Me are of saki through a control anent al MS for a 5.102171'W for 0 dolma. of 104.23 foal a ,m-tangent ow,. cams Stones of 55.30 h. t. on-langont M. Mama not string -le a distorts. of 106200 Mt ant a Mod beer. at OESORIPRON Southwoderly honk. a Mks al 10007 Mt 17r3753-a le a.d.1ev. OW foot • the POW .7141 /V Memo non riardwastalr tag On arc of soot curo• Moog. o OF BEGINNING. Control polo of 09'37'34' for o diatom el 17153 feet to a nan-I0,9001 That part of Lot I, VILLAGES AT UNIVERSAL BOULEVARD UNIT ONE amnia/ le Me plot Mato/ M. Meant flan 11736'WE for to distance of 104.93 Mt to Me PONT OF mai./ In Plat 900/ / Poo. . el NO Put. Poems of Mom Gountg Florida. decried m COI Elena r (0600. mod and Imig subject to sty ts-af-was BEGINNING anti oommonto of Containing 0.430 ono mar• • r leas and bang stalest to any rights-of-ma Conwomee et the North.esl earns of sold Lot Is Mance eon 311717SOT 8.ea Ina Southwealealr restrictions 011d le...meats of more. rignt-d-coy 11. of 1.41Para0 Boulmard. so Mom on the pot of US - SOWN CAMS war one according to thy plat 81on0a4 as rasa. in Plat Bast 411 Pods 13 throM, 19 of **id Palate Rom* of Oronm Om. Florida far • ditonco at 16123 Mt la the POINT Or BEGNIANE Mann codes sernrse-r along said Soot/mos.* right-of-may fine far a distance of 11E43 feet at PHASE 11 istang Mkt Southenratarly right-af-way The non 521/31919 for a trim, of /2157 hot on-tangent corm PHASE 7 ammo Saul/arty hosing a M. of 1270.00 foal anal a Mord 0E5COM1112. 01 711.90519 Mann not Westerly alone the are of Said ourro through a mat. or 0452'31 for DE300P001. o dastana• of 10120 feat lo o non-tango. Ma thane. nn 1175111, 111'E diatom. of 123.44 That part of Lot i. VILLAGES Af UNNERSAL 1101.1EVA00 LW ONE, according to to ma PONT OF BEMMING. Thal pert of Lot I. AT UNIVERSAL ElOuLEVARO LINT ME actorenno to the plot Me plat threa, as room. an Plot Beak . Pods . of the Penthe Ms. as cord. Book Pogo , of Me Rom. of Orang• Coon. Mtd, desbal as kilos CiettainIne 0-132 acres mare r lass med being subSt to any rights-of-ma rito r1M,M. Cant. Moser mommetto of record. Lamm= I Om west rems of ooi• Lot I; Non. not 522525410 Canon wad corm of odd Lot Mona* NO 52792.04-11, atm said along ' Wooletty of said lat I far • Mime of 27102 Mt Mom ten 1 for a restorm of 02 MG Menn looting sad MMmy In said Wad., I run 571732'379 far s Mimeo et 294.71 het tam. PRASE 3 n. 116775 for • 4.!0004.!000of 291 fad to els PONT Mane. run 7.4 •E Id sad.. of 16263 Mt to Me PONT OF BE01.05 net • Wotan. of 10007 901100 foo a distance of 153.94 rear Memo not unreel' 055C510110. eat to • non-1 maw 00.1000 run 530 E I 1270.00 MI and o shard boa. OP 35$9'E therm run E a ahnoroce 3143 Mb Men run 52252.04-0 for a WSW. of 3650 Mt to Me t of comones of • mat mac. Norm., hmitg a norm of Mat part of 1st VILLAGES AT IRONERSAL BOULEVARD UNIT Me on so. 0010 Waugh mt. angle orirar far dIstonce el 014E ocean. to ate plot 347 moo het a Mera bass of 377.1143'11 thence run Softly along M. Mame oo mord. it, PM 9.1 • MN.. . of the Pub* theOrd• of Orange Cam. 9 Mt a non-homal trance non 3,2 ha a Stance et t0.1.99 Florida, dessreset os Mows 'sat Mx non Nertraene far atatrom of 7.55 Mt la In. PONT OF 110191110. arc af num Ohm. • my., tresio of 101.4112• to. a diatom of 100.119 910 paid ef remise cureolore of a mow meow Soullmsted, Ising 000 an arming of N391E1211 Morse run Comm. Cl Me Norttmet comer of said Lot 11 Mance run 5971735E Wang Pa Cantabile 0494 oor.T.4 Ma and subject to ang rfghte-of-wea contr. of 109200 Mt SoathroaShIrly. right -M-my IS of Mi.. Baines 06 as Mown on gm plot of I/31 - SOWN rte of westerly along the we of chid ouno through • contra eagle of 079916" CAMPUS (ST ONE accomike ta the Mat thereof. as maroed In Rot Bonk NI. Popo 13 for a diatom of 13291 lad to a n.0-tango! Onro tome run 1.1071.215 for Sou. 16 of SS Public Rem. of Ormee Casette Adds for • dtstami of 314.511 feel le dime. of IDLES Mt to M. PORT OF BEDMING. M• poor OF 9E09040 Nam 11110.1900 5e1.730e okay sake dg t-mf-rray 50r0materl7 subset to sty -or-.0.p line for a Stance 61 159.511 feet them blip add Seuthwasiarly 0011-af-.aylkie run [onto.. 91 0.442 ems more or has and Pr, rights 5301:1740'S for a sane of 12100 Ma boom non neror.rte Pm a ditem of 197 fat refOrictivot cod oes•Inento of rod.. to c non-lanmant arm conc. Southweestong haring a Mks of /271100 feet and a lord PHASE I bear. of N64111141C Man.. run Northwest.. .rig Me Orr ef soid sum Sough a control ongto of 0737.11' far a Oilmea of 1051.79 feat to • ban-lanyonf M. Mom non DE501191101. Ps 12 112/13197 for a Mterme of 125.57 feet la the POINT Cr 19E4MI0 Mal part of Lot I. IttiLACIT UNIMERSAL GULEVARD Leaf ONE motorman Confab. 0.325 alms mem or km and ha. .0.51 lo am am thamE m rm.. in PM Poilm of . 247. MM -M-MX mahhiin• Con. gowned. of mord. Inarkla. demi. a• Mat port of . IMA ,EPSAL AND UNIT ONE admit. la the plat In es monied 01 Plat . of M. Public Records of Canon.. at the Norma. earner of Lel 1110/1110 1t.522521741, and Or Coon. Mink doseaMd as PRASE 4 Solana ente of said Lai I fiar at Mama • 1000119 . . iNstorly Me nal 571.32$319 far • thatarice 264.0 bet M run 56477 for an. at 0,. Nornmest ownor of Lot I. name tun 52742'04'1 Nang Mr/ DESCIMPOOlt atfalmee al 107.95 bon tat M• POW OF ISEMININS 0127 "E for • Was terly Ma of cab Lot I k1 • Main. of 3.4.43 fewt to M. PONT Cr BECIMANE CFN#20050748867 Mama of 10.191/ het Ns • nort-langint cum son Soupsmot y Ming • mica 7115"E far 0 Mlonett of 027* feet to Me Mat pert of Lot 1. MLA= AT Mom Mang sold Seen, M ns A UNIVERSAL BOULEVARD UNIT ONE odordng to th• plat thoml a• of 1271100 ow1 a char* tsar.. of 391137 nor 00111•01010 0/0010 paint of sombre of a arm ammo sh "go refs of 100E0 fed and a recorded kr Plat Boa* . Pages , of the Publk Rases of Orange Casty. Florida descried ow ereore of sold tam Waugh a mi. mg. N011115. for of 2E33 Mt to • 001 910 of said arm Mawr Mod Mon. of 5735731rE Mono. E.t.a 9 arc non-largo? 900 thonm no. ssrorarE rta. a Ark.= of 197 feel to a non-1019.1 Threaten a control angle of trztrae• for einenca f 2127 1.1 to Me pail of cum conc. Sauttomfony M., nasty. sr 1250.00 MI ma • Ma. of am Comm nce al the mama curostun of a mom mama Many o radius al 106100 Mt eforthwest coma" of sold Lot I: Um. non senrsre Nang IN Southwesterly 111126.447E on nee Soulneosarly of-was en. of Unhand Badman* as sher. dam Ma am of Mt aim Ilse. e mt. dord bearing of 577337.7E Manx ES., 9 Me ar.ai sold swan 0.1 - on Me plat of US - SOWN CAMPUS MT tME 052015 taco.. to IM past Men.. es mar.. ta Plat Book 41 Pug= I! mg. of a, a SM. of 11344 feet to Me paint of mom. amain of through a amtat ample of 099513" a dial of 112.112 Mt to a non-tangont Omagh 16. of IOW Pubes arm aerreare Soultamstany MM. a radius of 4200 fan toad • share boarig of 0•CO4S of Orange Cam. florida. far it dig... of 304.54 Mt to tbe POINT OF BEGINNIVICi Mar. M. Itamm no 3937713 o tam et 9 fon; thence not 09495.33.9 stelitrn Mom non Scoalhoostorty along Me era of said cum continue 0977751FT alang said Seannoesterly rig*...e/-my lie for a Mfmee of 191.9B Mb Mans MM. sta. kr I allotonce of 23128 MI to 1110troly M at mid Lel I: Metre not 91921924* for a 6.00001of 57.53 foal to m-10195.1 Mc Mannnn OF levriny 0110 Soiderrestsly dgert-wf-way Me run szteroale done the Northorly So of .oat Lel 1. for set. 922'42D4T olang mid Oasts. 1110 010 0 diet e of 13157 Mt to the POINT 561.7339Ekr • Mama, of 5190 feat to M. Scrawny of mid Lot I: Maim no. deem of 191.06 thenar leasing said Nalludg Noe run 99717. 50- 0 for a distoom of 5130 BECINPMC. Mt to • non-tangent cum cancem nearterty 52252.0419 alarm sold Northerty far o distam of 6155 fort; MawWoking sad hanig • MAR. of 42.00 feet t. 3 a Mod batwing of -ewe 11672.1711 Mors net 0409. 17 IS non N17773(1'. o Stance N559.1 MtMem no 11307173010 far taning 0.335 ocros or Ms ma 9 subject 1,„argrir ----9----1113-of- NrMN7 Mal P. *5 of Odd arm ..9. • MM. 019k of 7071.11. midians and Is II for • Slam of 57.53 Mt to M. pail of comma. curvolom of • corm cone. Sauthweslorty a &hem of 03094 kat le the POINT F BEGINNING. Co romol. having a rod. of 1270.00 IS and a chard bearing of nsezernett Mom as NotiMmtorty along Canto.. 0.320 mos mem or tem ond Nine subject to and d9nrd- al- . 05 Mm arc of Said cams through a mathat ang• of oszrr.ge• for a Oitorm of 115.44 het Is a restritiona and ma.. fif roan non-tonged tins Mmo• non 013093"40.2 for a Mimeo af 13160 fora In IM PONT Or BECINNINC. ROSE IS Contalalng 0712 acm more or lam ana being subis to my rights-or-wea menctions and vosanIentS Of recant DESCMPTON: PHASE 9 Mat part of Lot I. VILLAGES AT UNIVERSAL BOULEVARD Leaf ME according to the SASE 5 DESCRIPTION: plat Medd. m nearrted in Plat Beak , Poem . of M. Public Retards of Oron. C.d. Nor., *sari. v foll1ir0 OESCIO•11001: That pOrt of Lot I. VILLAGES AT UNIVERSAL ROLIEVARD MOT WE ma.. le that plot Monte( cs• recorded in PM Book . Pam . of the Pubic Commas at It,. Nartnoest corm of eald Lai 1, to run 522520419 song Mat part of Lot 1, VILLA= AT UNIVERSAL BOULEVARD UNIT ONE accorireg la Me plot Rem. of Oronge Manta Mariy, dammed mg 4.1.1.0 soid Nestor. line of said' 1 fir a Mono. of emoo feat: fano. Ironing said thereat m monist in Mal Beak , loon . of IM Pudic Roca. al Orange Restarts lino run saw 'E o Olson. of 254.26 Mt to en Para OF Camay. Ronda deasiod or follows Cornmenco at the Northwest sow • I sold Lot t. Um. run 5225204V Song SEMPONNC: Nance no 57713 a !atom of 9039 Mt to a non-tengott Said *Wry Me oP said Lot Sou y Maim a of 105200 MI and a chard bearing of Comma* at 1 far a Mohacs of 27102 Mt la Mai nor or cum concom the Northwest comer of sold Lai I. Inonm run 52252'047 along add Mace as., th. ors el soid ever., through a contrs angle Wmtor. One of said Lot 1 for a Thstanos 01 27102 Mt: Mein 11 ercaram Imam mid ilbstarly Me no, 571.323.rE for • diatom of 571727I7•E Mend Er Ims. and .0(017 .577317197 ran-tonglol Mc thence run Me no. 37872'337 for a distance of 31.9? 250E1 MG Sm. nen far . Storm of 100.11 feel to • of 057$510' kr a lanm of 13 39 het to a feet to the PONT OF BECINNINC; Menco not non-tangent arm osmo• South.. hark, • norm of 10112.00 Mt ona a 1103313'S for a Mtatote al 012252'047 far a astonce of for a of 59 M C Moat nut 7539 foot La the peat of ann.. of e curve cam. Mert Mei. el 9176-301rit thom nes so arm 142.27 fool to Sontrostany horl9 a radix lemlany ahang thal of MI 52743370 Th° of 30.00 het anal a More Mork. of 06017'26.E Mem through • sm.m on. et 06141r tar • *MOW. of /52.69 fast to Ike pd.* not Northeasterly Among Ma ors of add corm through a antral angle of 71E10.41. kr a of ressa ouranum of • arm conc. Southerly boring a radbut of 703.00 het Cr.ontaktg. 0...11.1 mere ar as, being fulsjeet to any rr2r,S-r, ••• &sham of 40.06 &al tO Lao pafrat of compound 0111,1211011 of a orm moons South.. end • chore bemIng of 14737751711 Innco no mown. Nang the on mre s el /ming a ream of 1270.00 faat and a Mona bearing at d 37917370.E Maim run EOM. curvy Mama a central meta of 1370$3. he a distance of 2327 Mt te tht Wong the arc of sold cum thraugh a untral Gogh of 052733. far o Storm of peel of tong.. Mean run 04777367 bar a Orton. al 0270 foe to Ma 121.172 Mt to a non-tangant M. Meese no 314'40777 for o WM. of 01157 for Maar. Rho af *or Lot I; Ottawa run 1422.421/ 1"c atone 0.4 t.ortotr Me fo- a Book8285/Page4237 Moose run 117321.7ef for a ashram of 159.70 foe( to the POINT OF LIEGINNIND &Ham of 111.41 MI to the PONT OF BEGSMG. 5.01001119 0.361 atm morn or Me Cad being MNat ft; and rfonft-af-rray ratrietton• Conteiraing 0.591 moo dont err ler and 9.4.9 subject to any rightr-of-.a and eassants of mord rortrietken and No of record I DONALD MciNTOSH ASSOCIA t , INC.

• amt (4.1) OM-en

dltarattO/UMOVIO•O\ CDOOTONOInat PROOMIT OCICarg

1? aft5513511 igf i ai itif11111 1? II illi!gRIO1 all '1 if $tgti4. *-Al V tliiMilg3114141.rm°1 I!?.. ;ID TIP4,101!; 6 t.1 i4.414.2 a. 11 0 a.1 1.ira fr 140illitilftifi:4111rliel . ..4441..a44igligOs 83" • "°1313111 ! ggcbglg"„az ! :II 1 tli. 41 1; 11842 1 ' !!‘l 3T112421°Y.WO!I ri0-. 1:fitlg-41 ft 13 'LI 1V:.1 ;4 gi !I 1y11 :15t liplAilli 11. 141111 i.:4! it F.Itoi %t°044.54 1 l il% 4;q:Iti at 414!;1: 9 4 :1042 11 B 14 6 Pal gi - 41;: ; i 1 - I it1; 4121!Aarl 1411'r 114."0089, *5. illin;thi!! 1 i r j!i fgi il ; I i g .: 0 1# "im l a ••=i15.%in t 7% 1 0: Mt ; . E = 11 11 1; g a A A g: e..4 fi ki 1 TT 4W401-!21m4g1151: -eilit'9111 2 a 111,4a R1111/I 11111112 .11:144/ irlIgglii/3 1 a ig ! * 1 3 i gl111111 f tilAft 1 NA i il101ig 1 a-tge.. rpli a; . 4 PAZ 4 :1q1 fl i J il 1 :12 -ml"f4712; szogfIgkg !!§1,413 rt li Y f 42t.:alt zo tO 0112 0 . llt,r; .4. 17.4 2, i ii#,,ta154 1!!!rtoil'illliql=: #1 951 . i'qt'81 ; P=, 1 44;11 F; 01;•-,ailt-ile ',_el4W 2. 111!!! if i 11 1411 0 1 1. , .8. : 101115;14114k24111filli1!111 sagettlrif '; 2 t .! 1 gti:" it 1141n i ql Istdi'.Iit !°** i 4 142 t i tl I l l 1 % i g .! 1 at3P:1124110"11iillq9l 1 g'tlf4148 6 . 1 R;211241 i bO ....3 II If is 1 li ,P MOVE1.'• 84 .r lifg 1, 13 g .110141P; 4 2 : gAx'5 ii:11 41;1E1 b 42- : 82 41;:ri1;1 I' 0 1-1 1 ttai ti I'. 1 2 ;1l iei: ti •t031 :., i !! 3 '9 . 1 !!;44i 1 1 4 .lik1R241"f :73 rg i1.4 tz !. : i x i: i t 8 4 1 . 1 , ii , R°3 .--2 1; Cfl to n o I 1 !:' :. im ri3 , t, ;2, Ili :g 7:-,3 CO i 1 4; ; 0.0 it•-i '116; 11 4 F' ' ' g; 1 gA %lig I; a

as 2 1 !aql ii 1 ifq lif ill i? II 5! sOti. t i IR It 'gailgoWa!iriri '‘CI trtgintrnila 4 4. I il"1l 106112 if ".1 40 '1 Ili! 1- en X11:19 ,3.se 41.1 4! lirl 4 gt ; 1-., .14. 12 -1 1%2'T:0W 4a.1 il gif "- i-4.111P ' 11 11,41204fi el . ll36ralf1;! 84 li ! 6 1 411 1 11 4 44°-;2 R:2 ".tz "mi"1"1. T.... 22 ; ' 1 * El g r Ii4;11011 il sei l Pi1 4 1 V250. 1 41 21 % § 1°112 4.4 . 3 44 1.61 ° 11;1111:! [101 ifit-it 21z '4 1- 1 g'11 1110 ° T 3 W4ri '. ot t , .. P -...-gri4r g2 if 1.: al . A' 17 , 1 A4i% f 4 ,2112 5 ft . lir b 5b1 1..lsi For re-.1 W 2410441 1 ° 2 tE 4 1222 '. 2 _5 2111 1 ip if" .41 s a .1 4 4, 21 4 t LI , 1,3allifVel ! M 20'1;411'11 aq.,a -t,r; 1 . .2f 41 . 4 i Pi 2.4328fNf)8 1 P14 1iitiN il 4 ;t 14t 1‘.72 1111•2"-g Fl • -...PaEill°1 1 ;2 :41""q1 g. 0:I rifiltil' t 'z 1 ttf "10,gLAt i 1111- RI 9,135. 144.21/5 1..13P - F' ts OitlP°2Eil `tA 1 43. II 1,0,atil Et gf I i.110. PI°. ....r,,,,f 17 I :i i!lVal g ! ti it - 1 fii 4-1i*il"g a - t ,, osliL..,11 1 . :14 11 sag 1 n t -ea R I i2 8

Book8285/Page4238 CFN#20050748867 Page 76 of 110

Book8285/Page4239 CFN#20050748867 Page 77 of 110

SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 48-01103-S-06 DATE ISSUED: January 27, 2005 Form #0941 08/95

PERMITTEE: PULTE HOME CORPORATION UNIVERSAL PROPERTY MANAGEMENT 4901 VINELAND ROAD SUITE 500 III, LLC ORLANDO, FL 32811 9751 UNIVERSAL BOULEVARD ORLANDO, FL 32819 PROJECT DESCRIPTION: Modification for construction and operation of a surface water management system to serve a 42.81 acre residential project known as USI South Campus Tract 1. PROJECT LOCATION: ORANGE COUNTY, SEC 6 TWP 24S RGE 29E PERMIT DURATION: See Special Condition No:1 See attac le 40E-4.321, Florida Administrative Code.

This is to notify you of the District's agency action concerning Notice of Intent for Permit plica ion No. 041220-22, dated December 20, 2004. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40 , Florida Administ alive ode (F.A.C.).

Based on the information provided, District rules have been adhered to vironmental ce General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, adm

2. the attached 19 General Conditions (See Pages : 2 - 4 of 5 ),

3. the attached 12 Special Conditions (See Pages : - 5 of 5 ) and 4. the attached 10 Exhibit(s). Should you object to these conditions, please refer t • e a ached "Notice of ights" which addresses the roce ures to be followed if you desire a public hearing or other review of the prop • e. ge cy action. Please ntact this office if you ha e an questions concerning this matter. if we do not hear from you in accordance ith the "Nhi tice of Rights," we w I ass me that you con with ,the District's action. C RTIFI ATE OF SERV CE

I HEREBY CER that a "N of Rights" s be mailed ► Permittee (and the persons listed in the attached di trip tio , list) no 0 p.m. 0 this 2 ay of January, 2005, in accordance with Section 120.60 , F • r . z Statute BY: 4V Thomas P. Genovese Service Center DU:rotor Orlando Service Center Certifie. mber 700 2260 0004 4267 742 Page 1 of 5

EXHIBIT "E"

Book8285/Page4240 CFN#20050748867 Page 78 of 110

SURFACE WATER MANAGEMENT CHAPTER 40E-4 (4/94)

40E-4.321 Duration of Permits

(1) Unless revoked or otherwise modified pursuant to Rules 40E-4.331 and 40E-4.441, F.A.C., the duration of a surface water management permit issued under this chapter Is as follows: (a) Two years from the date of issuance for Conceptual Approval, unless within that period an application for a construction and operation permit is filed for any portion of the project. If an application for a construction and operation permit is filed, then the Conceptual Approval remains valid until final action is taken on the application. If the application is granted, then the Conceptual Approval is valid for an additional two years from the date of issuance of the construction and operation permit. Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expire automatically. (b) Five years from the date of issuance for a construction permit. (c) Perpetual for an operation permit. (2) The Governing Board shall Issue permit exten ns vided that a permittee files a written request with the District showing good cause. For the purpo of is rule, good cause shall mean a set of extenuating circumstances outside of the control of the pemii ee. Requests for extensions, which shall include documentation of the extenuating circumstances and ho they have delayed this project, will not be accepted more than 180 days prior to the expirgon date. (3) For a Conceptual Approval filed co rrntl)%wviernth a developm it of regional Impact (DRI) application for development approval (ADA) ands a, local g ment Comp hensive amendment, the duration of the Conceptual Approval shall be two year from whiChwer one of the following occurs a the latest date: (a) the effective date of the local government's comeli7itt re lan arhendment, (b) the effective date of the local government developmen der, or (c) the date on which the District issues th.-Conceptual Appro , (d) the latest date of resolution &any Chapter 120 or other legs app.als. (4) Substantial modifications to ConceptualApprovals will extend the duration of the Conceptual Approval for two years the date of issua ce of a modification. purposes of this section, the term "substantial rriidi ti " shall mean a ifica ion which is rea bly expected to lead to substantially different water resource or environmental im cts which require a cletail review. (5) Modifications to \ n permits issu uant to a fionnal, permit application extend the duration of the permi for three years from date of issuance of the modification. Construction permit modifications do nOtextendAhe duration f a Conceptual Approval. (6) Permit—modifications issued pursuant to s section 40E-4.331(2)(b), F.A.C. (letter modifications) do ndEextend theuration of\apermit.

Specific authority 373 44, 373.113f S. Levi\Implemented 37413, 373A16(1) F.S. history—New 9-3-81, Amended 1- 31-82, 12-1-82/For el.!), 16K-4.07(4), Amended 74-86, /94. N

Book8285/Page4241 CFN#20050748867 Page 79 of 110

Application No. 041220-22 Page 2 of 5

GENERAL CONDITIONS

1. 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 conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373.

2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

3. Activities approved by this permit shall be conducted in a m ner which does not cause violations of State water quality standards. The permittee shall implemen bet management practices for erosion and pollution control to prevent violation of State water quality tan ards. Temporary erosion control shall be implemented prior to and during construction, and permane t co rol measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be i stall d and maintained at all locations where the possibility of transferring suspended solids into the rece ing aterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations u til c nstruction is completed and soils are stabilized and vegetation has been establishe practices s all e in accordance with the guidelines and specifications described in Chapter 6 o Land vel pment Manual; A Guide to Sound Land and Water Management (Department of E onmen egu do 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific er control plan is approved as part of the permit. Thereafter the permittee shall be responsibl r the r mov I of the barriers. The permittee shall correct any erosion or shoaling thaicauSes-adverse impac the wat r resources. 4. The permittee shall notify the Dis ict ofthe ticipa d construction sta t da within 30 days of the date that this permit is issued. At lea t41 hours prior to co mencement of ctivi authorized by this permit, the permittee shall submit to t is rid an Environ ent Resource Perm t Co struction Commencement Notice Form Number 0960 in ice ng the actual start • .te the expect- traction completion date. 5. When the duration of constru tion w. I exceed one y ar, he permittee h submit construction status reports to the District on an annu basi utilizing an ann al tatus report form. Status report forms shall be submitted the following June of eac year. 6. Within 30 days afte mp e a of con uction o e pe itted activity, the permitee shall submit a written statement of co pletion and ce 'cation a p ional engineer or other individual authorized by law, utilizing the upp -d En, onme tal R ourc Surface Water Management Permit Construction Completion/ rtif ation Form umb 0881 Or vironmental Resource/Surface Water Management Permit Cons ruc on Completion ertifi tion - r Pro cts Permitted prior to October 3, 1995 Form No. 0881B, inco por ted by reference i Rul 40E-1.6 F.A. The statement of completion and certification shall be ba ed o onsite observati n o construct or view of as-built drawings for the purpose of ermining the work was completed in complianc with permitted plans and specifications. This 'UM shal sery to notify the Di tric that the system is ready for inspection. Additionally, if deviation the appro ed d wings are isc • ered during the certification process, the certification must be accompanied by copy ppr ed permit drawings with deviations noted. Both the original and revised specification must be cle shown. The plans must be clearly labeled as "as-built" or "record" drawings. All su eyed -• • -.. • s and elevations shall be certified by a registered surveyor. 7. The operatio pha of this permit shall not become effective: until the permittee has complied with the requirements o con ition (6) above, and submitted a request for conversion of Environmental Resource Permit from Co tru ion Phase to Operation Phase, Form No. 0920; the District determines the system to be in complianc wit the permitted plans and specifications; and the entity approved by the District in accordance wit Se ions 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications wit in t e South Florida Water Management District, accepts responsibility for operation and maintenance th system. The permit shall not be transferred to such approved operation and

Book8285/Page4242 CFN#20050748867 Page 80 of 110

Application No. 041220-22 Page 3 of 5

GENERAL CONDITIONS

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 operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion 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 lans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or p rtion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by a enti y that will require an easement or deed restriction in order to enable that entity to operate or maintain the stem in conformance with this permit, such easement or deed restriction must be recorded in the blic records and submitted to the District along with any other final operation and maintenance document req ired by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resour -rmit applic tion within the South Florida Water Management District, prior to lot or units sale or prior the corn letio of the system, whichever comes first. Other documents concerning the establishm and au •rity • the perating entity must be filed with the Secretary of State, county or municipal entities. Fin operate. - d intenance documents must be received by the District when maintenance and operate of the syst m is accepted by the local government entity. Failure to submit e appropriate final documents will re ult in the permittee remaining liable for carrying out maintenance end operation othe permitted syst and ny other permit conditions. 10. Should any other regulatory agen y re quire chan -s to t e permitted syste t e permittee shall notify the District in writing of the chang it r to implemen =tion o that a determi atio can be made whether a permit modification is require 11. This permit does not eliminate e nec ssity to obtain a y r quired federet, stafte, local and special district authorizations prior to the start o ny a ivity approved y t s permit. This permit does not convey to the permittee or create in the permittee ny pr erty right, r an interest in real property, nor does it authorize any entrance upon or 'ties on pr erty ' i of ned or controlled by the permittee, or convey any rights or privieg-es other n thos specified in t permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The perm itte ereby advise that ection 53.77, F.S. states that a person may not commence any excavation, c nst uction, or other tivit involvin the u of sovereign or other lands of the State, the title to which is v ste in the Board of uste s of the terna mprovement Trust Fund without obtaining the required leas , lic nse, easement, o othi r form of co sen authorizing the proposed use. Therefore, the ittee is r spo ible for obtainin' an necessary a orizations from the Board of Trustees prior to COMM -ncing a tivity n sovereignty Iands1or other state-owned lands. The permittee mu t obtai Wa Us permit prior to construction dewatering, unless the work qualifies for a general permit rsuant to Subs ction 40E-20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee hold an save the District harmless from any and all damages, claims, or liabilities which may aril e by eason of the construction, alteration, operation, maintenance, removal, abandonment or use of any s stem uthorized by the permit. 15. Any delineation o the xtent of a wetland or other surface water submitted as part of the permit application, including plans o ot er supporting documentation, shall not be considered binding, unless a specific condition of this pA rmi or a formal determination under Section 373.421(2), F.S., provides otherwise. The permittee all tify the District in writing within 30 days of any sale, conveyance, or other transfer of

Book8285/Page4243 CFN#20050748867 Page 81 of 110

Application No. 041220-22 Page 4 of 5

GENERAL CONDITIONS

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 are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. 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.

18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center.

19. The permittee shall immediately notify the District in writin y previously submitted information that is later discovered to be inaccurate.

Book8285/Page4244 CFN#20050748867 Page 82 of 110

Application No. 041220-22 Page 5 of 5 SPECIAL CONDITIONS

1. The conceptual phase of this permit shall expire on January 27, 2007. The construction phase of this permit shall expire on January 27, 2010.

2. Operation of the surface water management system shall be the responsibility of PULTE HOME CORPORATION for the on site water management system and Universal Property Management III LLC for the master water management system.

3. Discharge Facilities: Through previously permitted facilities.

4. Facilities other than those stated herein shall not be constructed without an approved modification of this permit.

5. A stable, permanent and accessible elevation reference e established on or within one hundred (100) feet of all permitted discharge structures no later than bmission of the certification report. The location of the elevation reference must be noted on or with t ification report.

6. The permittee shall provide routine maintenance of all o components of the surface water management system in order to remove all trapped sediment s. All materials shall be properly disposed of as required by law. Failure to properly maintain th m may result in adverse flooding conditions. 7. Minimum building floor elevation: BASIN: USI South et NGVD. 8. Minimum road crown elevation: Basin: USI South Campus (1 94.80 et VD. 9. Minimum parking lot elevation: Basin. SI South C s (1) - 94.80feetNG 10. Silt screens, hay bales, turbidity sc /barriers such sediment c trol easures shall be utilized during construction. The selected ment control e shall be prope y in tailed. All areas shall be stabilized and vegetated imme y after constructio 11. The District reserves the right requiig \ remedial meas to be taken permittee if monitoring or other information demonstrates at a erse impacts t ite or offsite lands, upland conservation areas or buffers, or other surface w ers h ve occurred project related activities. 12. AD special conditions ibits pre ousl tipula(ed permit number 48-01103-S remain in effect unless otherwise rR ised and sha apply this m if on.

Book8285/Page4245 CFN#20050748867 Page 83 of 110

NOTICE OF RIGHTS

Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." 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.

Petition for Administrative Proceedings d. State Lands Environmental Resource 1. A person whose substantial interests are Permit: Pursuant to Section 373.427, Fla. Stat., and Rule affected by the South Florida Water Management District's 40E-1.511(3), Fla. Admin. Code (also published as an (SFWMD) action has the right to request an administrative exception to the Uniform Rules of Procedure as Rule 40E- hearing on that action. The affected person may request 0.109(2)(c)), a petition objecting to the SFWMD's agency either a formal or an informal hearing, as set forth below. A action regarding consolidated applications for point of entry into administrative proceedings is governed Environmental Resource Permits and Use of Sovereign by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, Submerged -nds (SLERPs), must be filed within 14 days (also published as an exception to the Uniform Rules of of the noti'e f consolidated intent to grant or deny the Procedure as Rule 40E-0.109), as set forth below. SLERP. s must substantially comply with the Petitions are deemed filed upon receipt of the original requiremen of =ither subsection a. or b. above. documents by the SFWMD Clerk. enc Authorization and Order: a. Formal Administrative Hearing: If a A person who stantial interests are affected by a genuine issue(s) of material fact is in dispute, the affected MD Emerg uthorization and Order, has a right person seeking a formal hearing on a SFWMD decision etition Sections 120.569, 120.57(1), and which does or may determine their substantial interests . Sta rovided in subsections a. and b. shall file a petition for hearing pursuant to Sections 120.569 abov- oweve pe on, or the agent of the person and 120.57(1), Fla. Stat. or for mediation pursuant to responsible •r caus g o contributing to the emergency Section 120.573, Fla. Stat. within 21 days, except as conditions shall whate er action necessary to cause provided in subsections c. and d. below, of eith r written im diate complianc- ith e terms of the Emergency notice through mail or posting or publication of otie—fl---iat-\ Autho ation and Order. the SFWMD has or intends to take final age cy action. Petitions must substantially comply with th e u ements f. Order for Em: r• enc Action: A person of Rule 28-106.201(2), Fla_ Admin. Cod a of the whos su stantial intere affected by a SFWMD which is attached to this Notice of Rights. Order or ergency A -s a right to file a petition pursua t to Rules 28-107. I e and 40E-1.611, Fla. Admin. b. Informal Administrative Hearing: If th e Code, opi:s of which are attached to this Notice of Rights, are no issues of material fact in dispute, the ecte • and ecti•n 373.119(3), Fla. Stat., for a hearing on the person seeking an informal hear on a MD de ion • rder. y subsequent agency action or proposed agency which does or may determi their substantiz intere s to initiate a formal revocation proceeding shall be shall file a petition for hearin pur ant to ctions 20.56• se • arately noticed pursuant to section g. below. and 120.57(2), Fla. Stat. or or mediation •ursu nt to Section 120.573, Fla. S at. ithin 21 days, -xcep as g. Permit Suspension, Revocation, provided in subsections c. an d. below, of eith r wri ten An ulme and Withdrawal: If the SFWMD issues an notice through mail or po ting r publication of n•tice t at admi stra e complaint to suspend, revoke, annul, or the SP I or inten • s to take final agenc acti • n. withdra a permit, the permittee may request a hearing to P ions must sue stantially omp with the requ* em nts be conducted in accordance with Sections 120.569 and Ruk- -; s 01(2), Fla. dmin. ode, a c y • the 120.57, Fla. Stat., within 21 days of either written notice whi • is attached to this Notice • Rights. through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. c. Administrativ OM • lain • Order: Petitions must substantially comply with the requirements a Respondent objects to a SFWMD Administrative of Rule 28-107.004(3), Fla. Admin. Code, a copy of the I omplaint and Order, purs ant Section 373.119, Fla. which is attached to this Notice of Rights. tat. (1997), the person n me • in the Administrative a mplaint and Order may fil a p tition for a hearing no 2. Because the administrative hearing process l at- than 14 days after the date such order is served. is designed to formulate final agency action, the filing of Petit • ns must substantially c • mpl with the requirements a petition means that the SFWMD's final action may be a f eith subsection a. or b. ove different from the position taken by it previously. Persons whose substantial interests may be affected by

Revised August, 2000

Book8285/Page4246 CFN#20050748867 Page 84 of 110

any such final decision of the 6FWMD shall have, DISTRICT COURT Cur APPEAL pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also 8. Pursuant to Section 120.68, Fla. Stat., a party published as an exception to the Uniform Rules of who is adversely affected by final SFWMD action may Procedure as Rule 40E-0.109(2)(c)), an additional 21 seek judicial review of the SFWMD's final decision by filing days from the date of receipt of notice of said decision to a notice of appeal pursuant to Florida Rule of Appellate request an administrative hearing. However, the scope of Procedure 9.110 in the Fourth District Court of Appeal or in the administrative hearing shall be limited to the the appellate district where a party resides and filing a substantial deviation. second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing LAND AND WATER ADJUDICATORY COMMISSION pursuant to Section 120.57(1), Fla. Stat., may waive their 9. A party to a "proceeding below" may seek right to such a hearing and request an informal hearing review by the Land and Water Adjudicatory Commission before the Governing Board pursuant to Section 120.57(2), (FLAWAC) of SFWMD's final agency action to determine if Fla. Stat., which may be granted at the option of the such action is consistent with the provisions and purposes Governing Board. of Chapter 3 3, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., d ules 42-2.013 and 42-2.0132, Fla. Admin. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, a r que for review of (a) an order or rule of the Code, persons may file with the SFWMD a request for SFWMD m st b filed with FLAWAC within 20 days after extension of time for filing a petition. The SFWMD, for rendition of t e or er or adoption of the rule sought to be good cause shown, may grant the extension. The request reviewed; (b) Or • er of the Department of Environmental for extension must contain a certificate that the petitioner Protection (DE r - • uiring amendment or repeal of a has consulted with all other parties, if any, concerning the MD rule mu be tied with FLAWAC within 30 days of extension and that the SFWMD and all other parties agree rends of the EP' order, and (c) a SFWMD order to the extension. tered p ant a fo ma administrative hearing under Sects• 120.5 St t., must be filed no later than 20 CIRCUIT COURT days afte rendit of the SFWMD's final order. 5. Pursuant to Section 373.617, Fla. Stat -any---- Simultaneous filing, a 11S. py of the request for review substantially affected person who claims that fin agency m t be served on he.DEP ecretary, any person named action of the SFWMD relating to permit decisiOns in the FWMD or DEP al • der, and all parties to the constitutes an unconstitutional taking of prope y ithout pr ceed g below. A copy of ule 42-2.013, Fla. Admin. just compensation may seek judicial review ction in Code is at ched to this Not e 0 Rights. circuit court by filing a civil action in the cir uit in the judicial circuit in which the affected prop is I• cated PRIVA PR PERTY RIG S PR TECT1ON ACT within 90 days of the rendering of the S MD's final 10. A property ow r ho alleges a specific action agency action. of the FW D has inordinately burdened an existing use of the eal roperty, or a vested right to a specific use of 6. Pursuant to Section 4 la. Stat., any eal p •perty, may file a claim in the circuit court where citizen of Florida may bring a action for inju tive re the r property is located within 1 year of the SFWMD against the SFWMD to corn th FW to en • ce the a on pursuant to the procedures set forth in Subsection laws of Chapter 373, Fla. at., nd Title 40 Fla. •min. 70.(3 1(4)(a), Fla. Stat. Code. The complaining arty must file with th SF MD D US- AND ENVIRONMENTAL DISPUTE Clerk a verified complaint ettin forth the facts up n w ich RESOLUTION 11 A property owner who alleges that a the complaint is based nd e manner in wh.ch he SFWMD develo t order (as that term is defined in complai • is affecte If e SFWMD does of t ke Section 70.51(2)(a), Fla. Stat. to include permits) or app priate action on the omp int within 30 ays of SFWMD enforcement action is unreasonable, or unfairly eipt, aining party ay t n file a civ su for burdens the use of the real property, may file a request for relief .njun • ive relief in the 15di Judic I Circu d for 'aim with the SFWMD within 30 days of receipt of the Be h County or circuit coLirt in e county ere the SFWMD's order or notice of agency action pursuant to the se of action allegedly occu d. procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. ction 373.433, Fla. Stat., a 7. Pursuant to S MEDIATION ma file suit in circuit court to prvate citizen of Florida 12. A person whose substantial interests are, an st rmwater management re• uire the abatement of or may be, affected by the SFWMD's action may choose re ery ir, appurtenant work or sys m, dam, impoundment, mediation as an alternative remedy under Section 120.573, hapter 373, Fla. Stat. that violate the provision of Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or

Revised August. 2000

Book8285/Page4247 CFN#20050748867 Page 85 of 110

publication of notice that the SFVv ivID has or intends to (c) Tne name, address telephone number take final agency action. Choosing mediation will not affect and any facsimile number of the attorney or qualified the right to an administrative hearing if mediation does not representative of the petitioner, (if any); result in settlement. (d) the applicable rule or portion of the rule; Pursuant to Rule 28-106.402, Fla. Admin. Code, the (e) the citation to the statue the rule is contents of the petition for mediation shall contain the implementing; following information: (f) the type of action requested; (1) the name, address, and telephone (g) the specific facts that demonstrate a number of the person requesting mediation and that substantial hardship or violation of principals of fairness person's representative, if any; that would justify a waiver or variance for the petitioner; (2) a statement of the preliminary agency (h) the reason why the variance or the waiver action; requested would serve the purposes of the underlying (3) an explanation of how the person's statute; and substantial interests will be affected by the agency (i) a statement of whether the variance or determination; and waiver is permanent or temporary, If the variance or (4) a statement of relief sought. waiver is ter porary, the petition shall include the dates As provided in Section 120.573, Fla. Stat. (1997), the indicating e • uration of the requested variance or waiver. timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, A person equ sting an emergency variance from or Fia. Stat., for requesting and holding an administrative waiver of a S MD rule must clearly so state in the hearing. Unless otherwise agreed by the parties, the caption of the petifon. In addition to the requirements of mediation must be concluded within 60 days of the Section 120.5 2(5), Fla. Stat. pursuant to Rule 28- execution of the agreement. If mediation results in 4.004(2), Fla. Ad in. Code, the petition must also settlement of the dispute, the SFWMD must enter a final inclu order incorporating the agreement of the parties. Persons a e sp ific facts that make the situation an whose substantial interest will be affected by such a emer cy; an modified agency decision have a right to petition for b) speci fac to show that the petitioner will hearing within 21 days of receipt of the final • er in uffer immedia dverse ffect unless the variance or accordance with the requirements of Sections 12 .569 and wa er is issued by SF MD more expeditiously than 120.57, Fla. Stat., and SFWMD Rule 28-106. 01(W—Fla.\ the a licable timeframe set rth in Section 120.542, Fla. Admin. Code. If mediation terminates without s ttl ment of t the dispute, the SFWMD shall notify all p writing that the administrative hearing process and rsections WAIV• R 0 RIGHTS 120.569 and 120.57, Fla. Stat., remain avai le for 14. Failure serve the relevant time disposition of the dispute, and the notice wi speci the frames pre cribed above I constitute a waiver of such deadlines that then will apply for challenging t agency right. action. 28-106 01 INITIATION OF PROCEEDINGS VARIANCES AND WAIVERS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) 13. A person ho 's subs to r : • ulatio pursuant to a SFWMD rul an believes the plic ion of All petitions filed under these rules shall contain: that rule will create a su • sta tial hardship or will v late (a) The name and address of each agency affected principles of fairness ( t ose terms are fine in an each gency's file or identification number, if known; Subsection 120.542(2), • la. 'tat.) and can de onst ate T e name, address, and telephone number of the that t of the u den ng statute will b Or as petition ; the name, address, and telephone number of b other me ns, -y file a petitio Wit the the petitioner's representative, if any, which shall be the questing a rianc- from or w-' er f the address for service purposes during the course of the S MD rule. Applying for a v iance er d es not proceeding, and an explanation of how the petitioner's s bstitute or extend the time for ling a petit. for an substantial interests will be affected by the agency dministrative hearing or ex sing an • r right that a determination; erson may have con ng the SFWMD's action. (c) A statement of when and how the petitioner ursuant to Rule 28-104. (2), Fla. Admin. Code, the received notice of the agency decision; etition must include the folio ing formation: (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (a) the caption s ally ad: (e) A concise statement of the ultimate facts alleged, on for (Variance from) or (Wa er of) Rule (Citation) as well as the rules and statutes which entitle the petitioner (b) The name add ess, telephone number to relief; and csimile number the etitioner; (f) A demand for relief.

Revised August, 2000

Book8285/Page4248 CFN#20050748867 Page 86 of 110

28-106.301 INITIATION OF PRO( DINGS (b) How the rule or order sought to be reviewed (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, (2) All petitions filed under these rules shall contain: which was submitted to the agency concerning the matter (a) The name and address of each agency affected to be reviewed and the date and location of the statement, and each agency's file or identification number, if known; if the individual or entity requesting the review has not (b) The name, address, and telephone number of the participated in a proceeding previously instituted pursuant petitioner; the name, address, and telephone number of to Chapter 120, F.S., on the order for which review is the petitioner's representative, if any, which shall be the sought; address for service purposes during the course of the (d) If review of an order is being sought, whether and proceeding, and an explanation of how the petitioner's how the activity authorized by the order would substantial interests will be affected by the agency substantially affect natural resources of statewide or determination; regional significance, or whether the order raises issues of (c) A statement of when and how the petitioner policy, statutory interpretation, or rule interpretation that received notice of the agency decision; have regional or statewide significance from a standpoint (d) A concise statement of the ultimate facts alleged, of agency ecedent, and all the factual bases in the as well as the rules and statutes which entitle the petitioner record w the petitioner claims support such to relief; and determina ; and (e) A demand for relief. (e) Th ion requested to be taken by the Commission esult of the review, whether to rescind or 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, modify the or r remand the proceeding to the water OR WITHDRAWAL management for further action, or to require the (3) Requests for hearing filed in accordance with this ter managem trict to initiate rulemaking to adopt, rule shall include: r repeal (a) The name and address of the party making the request, for purposes of service; 28-1 CY ACTION (b) A statement that the party is requesting a hearing (1) If agenc finds that immediate serious danger involving disputed issues of material fact, or a hearng-not----- o the public he safety, r welfare requires emergency involving disputed issues of material fact; and action, the agency mmarily suspend, limit, or (c) A reference to the notice, order to sh w c®• e, restric a license. administrative complaint, or other communicati n at the ( e 14-day note equirement of Section party has received from the agency. 120. 69( (b), F. S., doe no apply and shalt not be co ed to prevent a hea ng at the earliest time 42-2.013 REQUEST FOR REVIEW RSUA T TO practic ble pon reques ggrieved party. SECTION 373.114 OR 373.2t7 proceeding arising under Chapter 73, S., (1) In any (3) Unl ss otherwise provided by law, within 20 days review by the Florida Land and Water Adj icato afteeremer • ency action taken pursuant to paragraph (1) of Commission may be initiated by th ent or a arty --this rule the agency shall initiate a formal suspension or -tary by filing a request for such revi with the Se of e r ation proceeding in compliance with Sections Commission and serving a c py erson med ih 12 .569, 120.57. and 120.60, F.S. the rule or order, and on all arties to th proc eding which resulted in the ord r s ught to be re *ewe • A E-1. 1 EMERGENCY ACTION certificate of service sho ingl completion of s=rvice as (1) A emergency exists when immediate action is t fo required by this subsectio sh ill be a requirem a nece .ary o protect public health, safety or welfare; the determina of sufficiency\ and r Rule 42-2.0132. Fail re health • animals, fish or aquatic life; the works of the to fi the reques with the Co nission within t e ti e District; a public water supply, or recreational, commercial, iod pr ed Rule 42-2. 132 Skall result in •ismi sal industrial, agricultural or other reasonable uses of land and • f th equest for review. water resources. (2) The Executive Director may employ the resources ) The request for review sh01 iden e or order of the District to take whatever remedial action necessary r quested to be reviewed, th6 pr deeding in which the rule to alleviate the emergency condition without the issuance r order was entered and th natu e of the rule or order. A of an emergency order, or in the event an emergency order c py of the rule or order so ht t be reviewed shall be has been issued, after the expiration of the requisite time at ached. The request fo re iew shall state with for compliance with that order. pa icularity: a) How the order or rul conflicts with the equiret ents, provisions an pur oses of Chapter 373, , or es duly adopted t ereu der;

Revised August. 2000

: Book8285/Page4249 CFN#20050748867 Page 87 of 110

SOUTH FLC 'DA WATER MANAGEMENT IT TRICT

3301 Gun Club Road. West Palm Beads. Florida 33-10t, • (5i11) 666-8800 • FL WATS 1-1400-432-2045 • TOD (5'1) n97-7-- 4 Mailing Address. P.O. Bo\ 24 SO, l.Vies1 Palm Beach, FL 33416-4u80 • www.sivcmd.gov

CON 24 - 06 Environmental Resource Regulation Department

PRE- AND DURING CONSTRUCTION REQUIREMENTS:

• Permit conditions require these forms to be completed and submitted to District staff within specified time frames. • These forms are provided to the PERMITTEE ONLY, as the entity responsible to satisfy permit conditions, and not his or her agent.

CONSTRUCTION COMMENCEMENT NOTICE (Form No. 0960) • For Environmental Resource / Surface Water Manage ntPermits • Submit within 30 days of permit issuanc \ • If dates are not known, notify the District in writing to avcO`pos -permit compliance action; submit form once dates are determined. f4e-sure tkiefe nce both the application number and permit nuinber-or ny corresp dence.

ANNUAL STATUS REPORT FO MANAGEMENT SYSTEM (Form No. 0961) • For Environmental Resourc / Su ement Pe • Submit yearly from the date of ons ement if construction exceeds one (1) year.

(Rev 6/02)

E-\r,Larrirt. Oulu,

Trudi K. Will I. t:,1,..a, on, Ilenn. Dean, El:et-tam,- Prrrch, " Lennart E. Lintialil Hue, \1

Book8285/Page4250 CFN#20050748867 Page 88 of 110

Projects in the following counties should respond to the corresponding SFWMD Service Center:

Broward, Highlands, Miami-Dade, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie Counties: Please respond to the West Palm Beach Service Center

SFWMD Environmental Resource Compliance Division MSC 4230 • - P.O. Box 24680 West Palm Beach, FL 33416-4680

(561) 686-8800; (800) 432-2045

Charlotte, Collier, Glades, Hend nties: Please respond to the Ft. Myers

SFWMD Environmental Resourc MSC 4720 2301 McGregor Blvd. Ft. Myers, FL

(941) 338

Orange, Osce spond Center.

FWMD Environmental esource Compliance Division MSC 4710 1707 Orlado Central Parkway, Suite 200 Orlando, 3 809

(407) 858-6 (800) 250-4250

(Rev 6/02)

Book8285/Page4251 CFN#20050748867 Page 89 of 110

SOUTH FLC 'DA WATER MANAGEMENT L. iTRICT

3301 Gun C1ut Road. West Palm Reach, FIr‘rida 3:41)h • (:461) n8E--SSKI • FL W.AT5 1-SO0-432-204 5 • TOD (301 n97-2:-1. 7-1- Mailing Address. P.O. Bo,. 246S1. Writ Palm Beach. FL 31416-4i,S0 • ‘‘ww.5fwind.,,,ov

CON 24 - 06 Environmental Resource Regulation Department

POST-CONSTRUCTION REQUIREMENTS For projects remaining under single ownership

CONSTRUCTION COMPLETION / CONSTRUCTION CERTIFICATION (Form No. 0881) / \ • For Environmental Resource / Surface Water Management Permits • Submit within 30 days of construction completion \ • A Florida registered professional engineer must certify that II surface water management system facilities are constructed in substantial onformance with plans and specifications approved by the District \ \ • Required by Sections 373.117 and 373.419;F . Stat: \ \ • If another certification form is used by the enginee it must-a\ldr4s all components of the surface water management system— — \ • Statement that all permit conditidnsareatised \ / / \ l

(Rev 6/02)

GOUIZR ENEVUT; t r Orricr Truth Collins l'h D.. 1 C 1-,TIT, Dean, E veri:trn• Lennart l' C- Clvr

Book8285/Page4252 CFN#20050748867 Page 90 of 110

Projects in the following counties should respond to the corresponding SFWMD Service Center:

Broward, Highlands, Miami-Dade, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie Counties: Please respond to the West Palm Beach Service Center.

SFWMD Environmental Resource Compliance Division MSC 4230 • P.O. Box 24680 West Palm Beach, FL 33416-4680

(561) 686-8800; (800) 432-2045

Charlotte, Collier, Glades, Hendry,and Lee Counties: Please respond to the Ft. Myers S rv'c‘a-ke

SFWMD Environmental Resourc Corn Hance Divisio MSC 4720 2301 McGregor Blvd. Ft. Myers, FL 3

(941) 338- 800) 8-1

Orange, Osceol a d Polk Count s: ond t th Orlando Servi e enter.

MD Environmental source Co pliance Division MSC 4710 1707 Orla do Central Parkway, Suite 200 Orlando, FL 3 09

(407) 858-61 "0; 800) 250-4250

(Rev 6/02)

Book8285/Page4253 CFN#20050748867 Page 91 of 110

aou t ti FLORIDA WATER MANAGEMENT DISTRICT

Environmental Resource/Surface Water Management Permit Construction Commencement Notice

FORM 0960 08/95

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Field Engineering Division

PROJECT NAME: PHASE:

I hereby notify the South Florida Water Management Dis ict Field Engineering Division that construction of the surface water manageMi stem, uth rized by Environmental Resource/Surface Water Management Permit- NO. under Application No. has commenced/is expected to commence on 199 and will require a duration of approx tely /months /wee s /days to complete. Should the constructio t rm extend\yono one year, I ill ubmit Form No. 0961, Environmental Resource Water Ma getnent Permit al Status Report for Surface Water Management Syste Construction the Distric

PLEASE NOTE: tino nt date is not known, District staff should be so e to the necessity of further post permit compliance action ion of\the t condition.

ittee's o Auth Title and Company Agent's Signature

Phone Date

92 of 110 Book8285/Page4254 CFN#20050748867 Page

Enviro- -rental Resource/Surface 1" ter Management Permit Annual Status Report for Surface Water Management System Construction

RAM 0061 (Required whenever construction duration exceeds one (1) year) 08195 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Field Engineering Division

PERMIT NO. APPLICATION NO. PROJECT NAME: ' PHASE: • Control Structure(s) % of Completion ate of Anticivated Date of ~Conivletion Completion

Benchmark Description (one per major control struc'Wre)*_

SWM Facilities lotion ate of Antici ate Date of comvleti • Completion Lake(s) Ditch(es)/Swale(s),_ Exfiltr. Trench Dry Area(s) Berm(s)

Phone Date

zed Title and Company

93 of 110 Book8285/Page4255 CFN#20050748867 Page

esOlia..P6.11 11‘01

ENVIROk ..ENTAL RESOURCE/SURFACE Iry TER MANAGEMENT PERMIT SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION COMPLETION CERTIFICATION

FORM 0881A 09/2003 ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION

PERMIT NO. APPLICATION NO(s). PROJECT NAME: PHASE:

The subject surface water management system has been designed, constructed and completed as follows (check all that apply): DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures. Attach additional sheets if needed. Structure Identification Number: El Weir: width crest ❑ Bleeder: type dimensions invert

❑ Additional discharge structure information attached. RETENTION/DETENTION AREA(S): Please provide the requeste formation permitted retention/detention areas. Attach additional sheets if needed. Retention/Detention Area Identification Number: (ages)

(h:v)

O Additional retention/detention are ache

❑ EXFILTRATION TRENCH — Confirma, ross-sectionitith pip size and invert,(rent width, height and length is provided on the attached.

El CONVEYANCE SYSTEM ONLY - The ents of the per d surface water management consist of inlets, pipes or other form of conveyance system. ation of dit canals, and/or swales with cross-sections, pipe diameters, inverts, and Lengths is provided on ed.

Please indicate the location of e the above information on the record drawings (40E- 4.381(1)(0, F.A.C. Code). All ins shou al Geodetic Vertical Datum (NGVD).

I HEREBY NOTIFY THE DI T OF THE COMP N OF CON RUCTION OF ALL THE COMPONENTS OF THE SURFAC ► ANAG FACILITIES FO E ABOVE RE RENCED PROJECT AND CERTIFY THAT THEY HAV RUCT SUBSTANTI ONFORMANCE WITH THE PLANS AND SPECIFICATIONS PE DISTRIC [A COPY OF T APPROVED PERMIT DRAWINGS IS ATTACHED WITH DEVIATIONS N , IF APPLICABLE.] eer's Signature, Seal and D te: e Print or Type: Engineer's Name Company Name Address

Authorization No. of Engineering Business (if applicable): Telephone Number E-mail

Book8285/Page4256 CFN#20050748867 Page 94 of 110

SURFACE WATER MANAGEMENT PERMIT SURFACE ATER MANAGEMENT SYSTEM JNSTRUCTION COMPLETION CERTIFICATION - FOR PROJECTS PERMITTED PRIOR TO OCTOBER 3, 1995. FORM 0881B 09/2003 ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION

PERMIT NO. APPLICATION NO(s)

PROJECT NAME: PHASE: The subject surface water management system has been constructed and completed as follows (check all that apply): DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures. Attach additional sheets if needed. Structure Identification Number: EI Weir: width crest ❑ Bleeder: type dimensions invert ❑ Additional discharge structure information attached. RETENTION/DETENTION AREA(S): Please provide the requested information for all permitted retention/detention areas. Attach additional sheets if needed. Retention/Detention Area Identification Number: acres) pe (h:v) Additional retention/detention area information attal d'>

The surface water management syste • cu I functioning-as-intended ®y the permit, including level of water quality treatment, level of floo rotection, an orm attenuation. All wet retention/detention area s slopes been' adequately maintained nd stabilized to support the operation of the surface water management syste EXFILTRATION TRENCH - The do mechanism ( igned to retain in the exfiltration trench is installed at the permitted elevation, in fat conformance e permit. A ched is a certified drawing with the current dimensions, including le crest elevation, permitted we CONVEYANCE SYSTEM ONLY - The com1one is of the per surface water management consist of inlets, pipes or other form of conveyance system. Caqirma of di nals, and/or swales is provided on the attached cross-sections. Please indicate the location of th app benc ark(s ed t determine the above information on the record drawings (40E-4.381(1)(f), F.A.C.). All el vati ns should according to National Geodetic Vertical Datum (NGVD).

' I HEREBY NOTIFY THE DIS RIOT OF THE COMP ETI N OF CO TR TION OF ALL THE COMPONENTS OF THE SURFACE WATER MANAGE EN FACILITIES FO TH ABOVE RE NCED PROJECT AND CERTIFY THAT THEY HAVE = N CO RUCT SUBSTANTIA NFORMANCE WITH THE PLANS AND SPECIFICATIONS PER ED BY TH r DISTRI , WI H EXCEPT! NS AS NOTED ABOVE. [A COPY OF THE APPROVED PERMIT DR • IN IS A CHED WITH EVIATIONS TE® , IF APPLICABLE.] E gin r's Signature, Seal and Date: Please Pr'• or Type: Engineer's Name Company Name Address

Authorization No. of Engineering Business (if applicable) Telephone Number E-mail

Book8285/Page4257 CFN#20050748867 Page 95 of 110

Dec 09. 2004 E by: Robert Spence DRAT OESIGNED )GALE .1 1 fi thn tuq•Iner a scoalas mc. OM be 7. /0 in* Henry's RY 1.4 ••• N Book8285/Page4258 T Exit St S. 439 I 30 660 • ( CC) , , 1 NAGUIRE 200. 41 al Do CI -te

711 we; Eat c NIAILEY-HORN °

El; • plaier cp It Istryrri 1561', 482 CA ip 29 8 Or • 501T1 en 00000696 Pc.iii I k 840-0665 e and NM imley-Hom AND V:.; 200. • 1( E - edy pr Associates, Fe ASSOCIATES. ORLANDO. t:t on o6Ec 7 ci Ice sttr o e Sand r. f4si ve INC 12603 Inc. I (f) .43 - Cc: I- u and° Lake P100,111: j_149585000 12 - /07/04 DATE CFN#20050748867 Itlern ' fr. 1 Rd NO adb "Z.3 c USI .

• Steyr vanguard Sand

- LOCATION SOUTH

St Lake TRACT • angel() • St Rd CAMPUS Pkwy 1 MAP Park PD Sand DESIGN Lake xpy ENGINEER Bee Exit bee 42:3 Page Rd Ling Ottawa 3 Line"Expy 423 Central • BF1T ck" 96 SHEET , Expy NUMBER Bee of Pp Exit m/ Ex a 40 0 110 ez 01, 40 L6 abed L999VLOSOOZ#Nd0 6gZta6ed/g9appoe

01:105.•05 15:32 FAX 4078944791 ORLANDO 0(1.3 `1/1181HX3

Roso•szataao-1.1.=3

( i

, w,itr)y!pliti / 0 / / / / / 1 • /

, £2.-vo 041 1495*A v)

AKA R. iggity-Hom OE. PE. ft.; EXHIEIT row. •ft—Mitri1 AWL- malAsacciateOnt OFFSITE PARCEL W45 ift.re em:. ra 0.04. M1 JIM,

412 &NAL

Ma, riStaa.1 WS

Last Date For Agency Action: 18-FEB-2005

GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT

Project Name: Usi South Campus Pd-Tract 1 Permit No.: 48-01103-S-06 Application No.: 041220-22 Application Type: Environmental Resource (General Permit Modification) Location: Orange County, S6/T24S/R29E Permittee : Pulte Home Corporation Universal Property Management Hi, Llc Operating Entity : Pulte Home Corporation Project Area: 42.81 acres

Project Land Use: Residential

Drainage Basin: SHINGLE CREEK Receiving Body: Existing master system Class: CLASS III

Special Drainage District: NA Conservation Easement To District : Sovereign Submerged Lands: No

PROJECT PURPOSE: Modification of an Environmental Resou nstruction and operation of a surface water management system to serve a 42.8 t known as USI South Campus Tract 1. Staff recommends appro with co itions.

App.no. : 041220-22 Page 1 of 5 EXHIBIT

Book8285/Page4260 CFN#20050748867 Page 98 of 110

PROJECT EVALUATION:

PROJECT SITE DESCRIPTION:

The site is located north of the Bee-Line Expressway at the southwest corner of the intersection of Universal Boulevard and Canadian Court future extension.

There are permitted portions of the master surface water management facilities serving the project area. The site contains mass graded areas and the adjacent ponds of the master system.

The project site has been permitted for clearing and grading. he on-site wetlands were previously approved for impact under Application No. 000615-25. Overall, th oposed activities are consistent with the conceptual permit and subsequent modifications. Best man nt practices for erosion control will be implemented during construction activities.

PROPOSED PROJECT:

Construction proposed consists of the surface water nagement sy erving the 41.29 acre multi- family residential project and 1.52 acre access drive.

The water management system consists of inlets and c ff to Basin 0C-1 of the existing master water management system. The master system ion and full water quality treatment for up to 85 percent impervious coverage_This site is pr prxomately 60 percent impervious coverage.

The access drive to the site will b: c nstructed pro erty owned by rsal City Property Management Ill who is a co-app nt for this mo icati• . The access will encompass approximately 1.52 acres of pave t.. remainder of t 10.10 acre site wi in undeveloped at this time.

LAND USE:

The land use informatio cluceiThonstructio of approxima y 1.52 acres of pavement for the access drive located on prope und he co-a licants wne ip.

Construction: Project: This Pha e Total Pro' t

ding lb. verage 1 .49 15.49 acres Pavement 9.9 9.94 acres Pervious .38 17.38 acres

Total: 42.81 42.81

WATER QUANTITY :

Discharge Rate : Discharge is to the istin master system that provides full water quality treatment, for this tract up to 85 percen ,pervious cove age, and attenuation upstream of the final ouffall.

App.no. : 041220-22 Page 2 of 5

Book8285/Page4261 CFN#20050748867 Page 99 of 110

Finished Floors : As shown in the following table and the attached exhibits, minimum finished floor elevations have been set at or above the calculated design storm flood elevation.

Building Storm Frequency : 100 YEAR-1 DAY Design Rainfall : 10.6 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation ( ft, NGVD) ( ft, NGVD) ( ft, NGVD) USI South Campus (1) 93.5 97 N/A

Road Design :

Road Storm Frequency : 10 YEAR-1 DAY esign Rainfall: 7 inches Basin Peak Stage Proposed Min Crown ( ft, NGVD) ( ft, NGVD) USI South Campus (1) 93

Parking Lot Design :

As shown in the following table and the attached exhibits, mini vations have been set at or above the calculated design storm flood eleva • . Parking Lot Storm Frequency : 10 YEAR-7 YDAY fall 7 inches Basin eak Sta Parking Elev. ( ft, NGVD) , NGVD) USI South Campus (1) 93 413—

Control Elevation :

Basin Area Ctrl ev WS Ctrl Elev Method Of s) t, NG ( ft, NGVD) Determination USI South Campus (1 1.39 88 88.00 Previously Permitted WATER.QUALITY :

No adverse water ualit impacts are antic ate 4 as a resu of th proposed project. The existing master water managemen sys em provides full wat r quality treat -nt for up to 85 percent impervious overage. is site proposed at approxim tel 60 percent impervious coverage.

ndangered Species: The project site does not contain prefe ed habitat for wetland-dependent endangered or threatened wildlife species or spe s of s0 oncern. No wetland-dependent endangered/threatened species or species of special c cer were observed onsite, and submitted information indicates that potential use of the site by such spe ies i minimal. This permit does not relieve the applicant from complying with all applicable rules and a y of er agencies' requirements if, in the future, endangered/threatened species or species of special conc rn a e discovered on the site.

CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM: It suggested that t e p mittee retain the services of a Professional Engineer registered in the State of Flori for periodi bse ation of construction of the surface water management (SWM) system. This will cilitate pletio of construction completion certification Form #0881 which is required pursuant to Se on 10 of the B is of Review for Environmental Resource Permit Applications within the South Florida

App.no. : 041220-22 Page 3 of 5 EXHIBIT :2c Book8285/Page4262 CFN#20050748867 Page 100 of 11C

Water Management District, and Rule 40E-4361(2), Florida Administrative Code (F.A.C.).

Pursuant to Chapter 40E-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. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a 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-1.6107, 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 w' ally decrease over time unless the system is periodically maintained. A significant reduction in flow c can usually be attributed to partial blockages of the conveyance system. Once flow capacity is co ised, flooding of the project may result. Maintenance of the SWM system is required to protect th 'c health, safety and the natural resources of the state. Therefore, the permittee must have perio pections of the SWM system performed to ensure performance for flood protection and water quality ses. If deficiencies are found, it is the responsibility of the permittee to correct these/de ncies in a ti anner.

App.no. : 041220-22 Page 4 of 5 •

Book8285/Page4263 CFN#20050748867 Page 101 of 11C

RELATED CONCERNS:

Water Use Permit Status:

The applicant has indicated that reuse water will be used as a source for irrigation water for the project.

The applicant has indicated that dewatering is not required for construction of this project.

This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No-Notice Short- erm Dewatering permit pursuant to Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.05 , AC.

Historical/Archeological Resources:

No information has been received that indicates the presence of ar 'hae' logical or historical resources or that the proposed activities could cause adverse impacts to archaeol tt ical or historical resources.

DCA/CZM Consistency Review:

The District has not received a finding of inconsistenc rom th lorid De a artment of Environmental Protection or other commenting agencies regarding the rovisio rf th federal Coastal Zone Management Plan.

Enforcement:

There has been no enforcement activity as -ociated with is a I • lication.

STAFF REVIEW:

DIVISION APPROVAL*

SUF ACFOIATE AGEMENT:

1(1 I • TE: :I- Yaun, E.

0 RC MA • GEMEN

DATE: (7 1 (I; A i

App.no. : 041220-22 Page 5 of 5

Book8285/Page4264 CFN#20050748867 Page 102 of 110 0 40 co L abed L999VLOSOOZ#Nd0 99Zte6ed/99appoe

°rowing \As CI ,E.R.....dtdog CIS J. MI 2005 I: Y.,. Or .1 one a ow ...I mom". Aga.

FgI 411

V.1614 ::1114 ! 4

assailamu 11 ll"4(14 / 1 1

ill.a 80114 co Pep

sir P :W,„Pi‘iill !!!;PA 4 msa= 4131 32„ '41 a: aolp g 4 1 4 $ 4 1 4

..lit :114gy ail L eg 71 $4 W ri0 49M It;i, yhl4 =ISO;I '41141® Ityea's /di' ilq 1:14 : 181g 11 Wig 12441W114 41 ""11g / / 1: al 4 4 ' / 1:14 10 / f// / :;'lf /gt 1:15a141110 m/1ii„ec/i1 C) :141'0 ;PYR"'IT) , .2004 pt;14 / / „ ter if Clteg"gg log' 4414 ime-ga m.314 , a al a #./3 / / lag !PM / /inv Ig316111ig zs: =V ;is / 151 3 / is h 9s h • 1 9 11 I;

...As .rEo 1 Dm. awn* 0 1;4 it: LOT 1 - UNIVERSAL ,.E 0' IL PAVING, GRADING1 '''.4 R :". Elin lii r X2•,11;13d ;2p3 TRACT ::::,„:"' rniel'IMMASSOCidt2S, Inc.

...4D DRAINAGE 50040

F-16 —..„ PLAN ..K.... '''' ne9aft.'[.T.;.i. abed L999VLOSOOZ#Nd0 99Zte6ed/99ZEPlooe

300, ,m.n 0 •

.JRAINAGE PLAN 0(0e0 ., w,

. 1•07 " 'T•or""*. CHANCE CC:UN TY FLORif14 oi, 1,40 so', abed L999VLOSOOZ#Nd0 L9Zte6ed/g9Z91009 PR TO PRIM Mt RAW BUILDING F. F.=97.00 5 I awns Sr

nrrr 40 901, abed L99917LOSOOZ#Nd0 99Zte6ed/99ZEPlooe

CINANN, n • 0.9J85600-NU CA00!0NA4CCNST CiPA it, 7.4 Ga. 2003 I "pm Or me w• - NeNN AA ANA aa, AA. • .Ns 4.1111 ...ro Av..* mr... a• A.«...... AA* AN NAN* N ....r,.... AAA ...gm Arm, d kNona. AAt AI,

I ri

A2A•2

/ --,/ /1' 1/ -17 . ..,--", // 1 ' / .::! , i .r /' % / /I ,;••I 71 / / / r , / */ fir i% % i,14 "I fr---- ,

i' i / 7 / //'

1 ! ,i I , # A ;;, .:. . p ,d_wi A / 1/),*-, ,-, , /71 i / / ;/' ft f1r / i y ", / - ' ,5 b % / :; ii .--- '- '71r il 1 l;' / ) 1 1 I fI/ ; I / ;/ o / co ,,,, , e ,/ ii./, 1 , / i, _7 ///, i li /,' a NINON

I 11

NOTE7 022. 05.152 2;1 WAAL R NALE. PE 'mley-Horn USI - SOUTH CAMPUS PD 2t2.000 111, NG, GRADING AND ORM ROMA ROMAN. 10.21052 Ok..111.1111 1Associates, Inc TRACT 1 24600.21‘2.wG DRAINAGE PLAN 22220.20 VT SE10.8 .4400Z .0m.. SUM 200. 2.2.22•022 22.203

(-an erae-r.,

ORANGE COUNTY 51 moos 0 4o LO 1 abed L999VLOSOOZ#Nd0 69Zte6ed/99appoe

•••••••• .0 •••••••• ata

11 8-)

45. 40!to 4A11. P. !WINN! irnley-Fkim USI - SOUTH CAMPUS PD eny,„ 1/1F...1 R ,NO, GRADING AND WM. PIMP KOS •U•N .nd Associates, Inc.

TRACT 1 @ NO* clatr-rioao Ara WA.. I.

DRAINAGE PLAN 0.1110, , 513048 meo 0.331.4042., 320,33 O 1.1.40 901. abed L999tL0900Z#NAO 02.Zte6ed/g9Z9A00e

law, nano: CA040165000—RDWA00 \OWACONSr\CT3-18 2C0.4.1 1. 06. 200 0125tarws,

rx,s gunman: imley-Hom asca. .1, 01 IL HALE PE. C NN 11 tt:V, USI - SOUTH CAMPUS PD end Associates, Inc. ING, GRADING AND maw 6. ow 20.02 00211.101.1 #.01. L

TRACT 1 04 , .ssca•ma

-41ga DRAINAGE PLAN 50000 )1,1, JO 601, abed L999VL0S00Z#Nd0 1.LZVe6ed/99ZEPloo8

Ora., A.m. \0443680.30-.04A8OWAL CON87 G,3-.6 PG8., c.e J. 06, emor manor..

Sr...12As 00100 Mao. PRP. 1K.C.0 eekeL a H L. P E Prin Kunley-Hom USI - SOUTH CAMPUS PD Ind 'ING, GRADING AND Mow P fly, mono. amalk 11.-11111 Assacialss, Inc. 200. TRACT 1 58048 DRAINAGE PLAN 040.01 P yv NumAit PA. sum TM 0.1.1.01.1.11101.

ORANGE COUNTY FLOR10A

STAFF REPORT DISTRIBUTION LIST

USI SOUTH CAMPUS PD-TRACT 1 Application No: 041220-22 Permit No: 48-01103-S-06

INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Alan L. Leavens - 2250 X Shannon Carter - 2250 X Pe i,tee - Pulte Home Corporation X Edward W. Yaun, P.E. - 2250 X P: e - Universal Property Management Iii, LIc X Marc S. Ady - 2250 X En 'sultant - Kimley-Horn And Associates, Inc X A. Lee - 2250 X ERC Engineering - 2250 X ERC Environmental - 2250 GOVERNM NT GENCIES X M. Soto-4240 n and Park - District 6 - FDEP X Permit File nt of Environmental Protection X life Conservation Commission - Impen gmt Section Orange Cou ironmental Protection Division Orange County Pub is Utilities Division range County E ine r - Dept of Public Works Army Corps of ngi eers Cocoa Regulatory Field ce

NTERESTED PARTIES

Terra Club - Central Florida Group P.O. Box 941692 X Water Management Institute - Michael N. Vanatta

EXHIBIT AT Book8285/Page4272 CFN#20050748867 Page 110 of 11C