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Adjustment Hearing Case Files_3200 S. Ocean Blvd._20141119_31098 TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 31098 Public Hearing Date: November 19, 2014 Town Code Section 30-64 and Table 30-2 (High -Rise Setback), Section 30- 66(a)(3) Petitioner: 3200 Seagate, LLC. Property Address: 3200 S. Ocean Blvd. In the above numbered Petition, by vote as shown in the official minutes and recorded on the form, it was determined and ordered that the requested variance be granted [ X ]; denied [ ]; granted subject to the following conditions and safeguards [ ]: In reaching its decision and order, the Board has found/has not found in the case of the above numbered Petition that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district. 2. The special conditions and circumstances do not result from the action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. 4. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant. 5. The reasons set forth in the applicant's petition justify the granting of the variance, and the variance granted is the minimum reasonable variance that will make possible the reasonable use of land, structure or building. 6. Granting of the variance will be in harmony with the general purpose and intent of the ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Chapter 30, Zoning Code/Article III; Sec. 30 -40(h): A variance, when implemented in accordance with the approval granted by the Board of Adjustment and Appeals, shall run with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment and Appeals, a variance that is not implemented shall expire eighteen (18) months following approval. Extensions of variance approvals shall not be granted by the Board of Adjustment and Appeals. Town of Highland Beach Board of Adjustment and Appeals Pace 2 Decision on Petition for Variance (7a, 3200 S. Ocean Blvd.- Relief from Highland Beach Code of Ordinances Section 30 -64 and Table 30 -2 (High -Rise Setback), Section 30- 66(a)(3) that requires additional setbacks for buildings more than 30 feet in height. SIGNATURES WRITE "FOR" 0 GAINST" PETITION Barry Donaldson, Chair q��ja /n56 Barry Axelrod, Vice Chair /7 5SFA1 T Evelyn Weiss, Secretary / i�G� f: 'C '— ifj/ir," Fo, Br Perilman, Member - Joel Leinson, Member LL. Peter Rodis, Member I �� William Weitz, Member t(0. `% 1 j Attest: UOJIA1 , Gad Date: (I i q )14 cc: Building Official Note: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER, BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMETN AND APPEALS, MAY, WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250. TOWN OF HIGHLAND SEP 3 0 2014 �,�" BOARD OF ADJUSTMENT & + � l I LAND __ __ BEACH �� VARIANCE PETITION D ING DEPARTMENT ° 5 Petition # I 11 Fees Paid/Receipt No. # Date Set for Public Hearing: 1 t i f g f 14- Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Appeals are $500.00. Name: 3200 Seagate, LLC Phone: 561- 266 -9910 Fax: 561 - 266-2815 Mailing Address: 601 North Congress Ave. #114, Delray Beach, Email Address: ggraue®hhcflorida.com A o ET) e rA I li no ,..: r f '-.1% Name: Phone: Fax: Mailing Address: Email Address: The owner /authorized agent requests that a determination be made by the Board of Adjustment & Appeals of the Town of Highland Beach for the following variance under section of Chapter 30 of the Code of Ordinances of the Town of Highland Beach. The description of the subject property is as follows: r = .-- t _ �,,,, sue. -s` r T .• o , a 7 s r e o E t :. a F t e c ' r . � tom � F- . - � ^ - .. . - T` ' - ; � 46 eo U �i � .�� i 11____E ED�i C t C t a y ` Address: 3200 South Ocean Blvd. Subdivision: PCN: 24 -43-46 -33-00 -001 -0210 Lot Size: 1.7766 Acre Zoning District: RMH Multi Family High Density Present Use: RMH 1. Present Structures (type): Proposed 7 Story Condominium (up to 22 units) 2. The proposed use will be: Proposed 7 -Story Condominium (up to 22 units) 3. If this petition is granted, the effect will be to (brief description — i.e. to reduce side yard from 7' to 2'): Add Porte Cochere within the 40' Set Back. 4. For a variance to be favorably considered, the Board must find that the following four requirements have been met. After each paragraph, state fully your reasons justifying the granting of this variance. (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district; The previously approved building is not able to be built due to the location of the wetlands. The location in which the previous approved building conflicted with the wetlands. The building needed to shift to the east (see attached attachment "A" sheet A2.00A). (b) That the special conditions and circumstances do not result from the actions of the applicant; The FDEP / SFWM dictates the location of the building (see attached from Isiminger & Stubbs Coastal Engineer 8/2/14 letter attachment and SFWM 6/9/14 letter attachment "B "). The Drip line has moved and the old building location was located in the conservation easement and drainage easement. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same district; Not to our knowledge. (d) That literal interpretation of the provisions of this ordinance would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant. The Porte Cochere provides a more desired look and has been previously approved for the function for the unit owners use. In an effort to minimize the impact we have redesigned the building narrowing the east -west dimension 16' relocating the pool to the roof, shortening to porte cochere, exterior open space, balconies and first floor pools (see A4.01 attached) dashed line represents previous approved. It should also be noted the current building without the covered entry is behind the 40' setback and meets the setback requirements. 5. Has any previous application or appeal been files within the last year in connection with these premises? (YES) (NO) X If so, briefly state the nature of the application or appeal. 2rPage �� (Initial) The names and addresses of each property owner located within three hundred (300) feet of the affected property, excluding property owned by the applicant has been provided. (Notification distances shy be measured on an arc from the corners of the property.) (YES) x (NO) G (Initial) I, the petitioner, acknowledge that the will be additional expenses incurred for the certified mailing of the public notices and the cost to publish the legal advertisement, which is separate from the Board of Adjustment & Appeals application fee. (YES) X (NO) 6 9 6 .-**— (Initial) I, the petitioner, has read the To of Highland Beach Code of Ordinances, Section 3040: Variances & Interpretations for code requirements. (YES) X _ (NO) I give permission to the members of the Board of Adjustment & Appeals and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information, and I understand that willful false statements and the like are misdemeanors of the second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. With this application, I am submitting the necessary supporting materials listed. ** *Owner m 1t y autho ' ed agent notarized letter attesting to same. * ** Property Owner's Signature: - Date: 9" Z6.-- 1 7 Authorized Agent Signature: Date: Condo Assoc. Rep. Signature: Date: STATE OF F (6 2i p4 COUNTY OF c- Pq `f -, On this 3o day of vw�neQ before me personally appeared - re Crr v w to me known to be the person who executed the foregoing instruments, and acknowledged that he executed the same as his free act and deed. 1 to m N Public State of Florida „` / (SEAL) AndrewMawore l / My eammissipn EE 627601 1otar Public Signa eg dir pµ Expires o6 /16/2016 Received by the Town Clerk's Office: Received By: • ©Qke.6— Date: ∎ o l 1S H Date Public Notices Mailed: 1 ` \3I 1 4 Date Legal Advertisement Published: ) ` \F 14 3IPage Transmit To: Valerie Oakes, Deputy Town Clerk Date: October 7, 2014 Application No: #31098 Applicant /Owner: 3200 SEAGATE LLC Property Address: 3200 South Ocean Boulevard, Highland Beach, FL 33487 Submit Application: Board of Adjustment and Appeals Application Type: Petition for Variance, proposed construction of a seven story multi - family building in the RMH (Residential Multi - Family High Density) Zoning District REVIEW GIVEN TO SUBJECT PROPERTY Description of Application: Applicant is requesting relief from the Town of Highland Beach Zoning Ordinance, Section 30 -64, and Table 30 -2- (High -Rise Setback). Section 30- 66(a)(3) requires additional setbacks for buildings more than 30 feet in height. THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED October 7, 2014, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other overnmental agencies. Plans do not meet Town of Highland Beach Zoning requirements. Recommendation: The Highland Beach Code of Ordinances Section 30- 66(a)(3)- -other requirements for high -rise buildings. Additional setback shall be provided as follows: one additional foot of setback for each additional two feet in height above twen feet. The •ro•osed new construction •ro buildin. footprint with attached Porte Cochere does not meet zoning code requirements. PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., C EIt FART G, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC. Michael Deso y, jlding Official CLERK'S OFFICE USE ONLY :: Date Received: 10 115 11 + Date of Hearing /Regular Meeting: ( 11 l it Page 1 of 1 Gary R. Nikofits, CFA Hornet-feed Exemption E -file ■ Property Appraiser Palm i3each County 614 Location Address OCEAN BLVD Municipality HIGHLAND BEACH Parcel Control Number 24- 43- 46 -33- 00-001 -0210 Subdivision Official Records Book 26576 Page 1087 Sale Date JAN -2014 Legal Description 33- 46-43, S 200 FT OF N 2400 FT OF FRAC SEC LYG W OF SR A -1 -A Mailing address Owners 601 N CONGRESS AVE STE 114 ,3200 SEAGATE LLC DELRAY BEACH FL 33445 4625 ■ Sales Date Price OR Book/Page Sale Type Owner JAN -2014 55,000,000 26576 / 1087 WARRANTY DEED 3200 SEAGATE LLC OCT -2012 52,300,000 25613 / 1699 WARRANTY DEED 3200 HIGHLAND BEACH HOLDINGS LLC JUL -2012 51,300,100 25343 / 1114 CERT OF TITLE CRE PROPERTIES INC AUG -2005 510,340,000 19061 / 0577 WARRANTY DEED HIGHLAND BEACH AZURE LLC JUN -2003 55,000,000 15357 / 0568 WARRANTY DEED LUXURY DEVELOPERS LLC 12 i No Exemption Information Available. 'Total Square Number of Units 0 Feet 0 Acres 1.7766 Use Code 0000 - VACANT Zoning RMH BEACH - Multi- Family High - Density ( 24- HIGHLAND Tax Year 2014 P 2013 2012 Improvement Value 50 SO 50 Land Value 54,250,000 51,900,000 53,463,366 Total Market Value 54,250,000 51,900,000 53,463,366 P = All values are as of January 1st each year Preliminary Tax Year 2014 P 2013 2012 Assessed Value 52,090,000 51,900,000 53,463,366 Exemption Amount 50 SO SO Taxable Value 52,090,000 51,900,000 53,463,366 Tax Year 2014 P 2013 2012 Ad Valorem 556,940 537,249 569,097 Non Ad Valorem SO 50 501 Total tax 556,940 537,249 569,097) http: / /www.pbcgov.com/ papa / Asps/ PropertyDetaillPropertyDetail.aspx ?parcel= 24434633... 10/15/2014 MEMORANDUM TO: Michael DeSorcy, Building Official FROM: Leonard G. Rubin, Assistant Town Attorney 00 RE: Variance Application (3200 South Ocean) DATE: August 19, 2014 At your request, I have reviewed the variance application submitted by 3200 Seagate LLC for the property located at 3200 South Ocean Drive. The Town originally approved the project, formerly known as Highland Beach Renaissance, in 2008. Last year, through the adoption of Resolution No. 13 -005R, the Town Commission extended the original site plan approval (as set forth in Resolution No. 10 -002R) and approved modifications to the facade and elevations. Section 3 of Resolution No. 13 -005R specifically addressed additional changes to the approved site plan as follows: No other changes to the approvals granted by the Board of Adjustment and Appeals on May 20, 2008, or the Town Commission on November 4, 2008, other than reconfiguration of unit floor plans that does not result in changes to the facade or elevations approved in Section 2 above or increase the number of units above the 22 units hereby approved, shall be made without application to and approval by the appropriate board or commission. This resolution shall run with the and and bind any successors or assigns in ownership of the Property. In light of the foregoing, any additional variances require approval by the Board of Adjustment and Appeals and any modification to the exterior of the structure requires approval by the Town Commission. Original Variance: On May 20, 2008, the Board of Adjustment and Appeals granted a variance for the overall height of the structure then known as Highland Beach Renaissance. Pursuant to Section 30 -64 of the Town Code, the maximum building height within the RMH zoning district is fifty (50) feet. The Board granted a variance to allow a maximum building height of ninety -one feet and one -half inch (91' ") measured at the highest point of the structure. At the time of the original approval, the project met the front high rise setback as required by Section 30 -66(a) of the Town Code. The setback line was included on Page 1 of 2 pages A13 -A15 of the original plans (with a revision date of July 22, 2008) for Highland Beach Renaissance. Current Variance Request: Front setback: The current variance application seeks to "add porte cochere in [the front] set back." As proposed, the support structure for the porte cochere will be located seven feet eight inches (7'8 ") from the property line. Section 30 -66(a) of the Town Code provides for a graduated front setback for high rise buildings. The first thirty feet in height must comply with the required setback set forth in Table 30 -2 (which is forty (40) feet for buildings located along A1A). Thereafter, the required front setback increases one additional foot for each additional two feet in height above twenty feet. Therefore, at the thirty foot mark, the required setback is forty -five (45) feet and continues to increase with the height of the structure. While a variance is clearly required for the porte cochere, the application does not delineate the front setback line for the actual structure. In order to determine if any other portion of the structure requires a variance from the front setback requirements, the applicant will need to provide a detailed drawing showing the entire height of the structure along with the actual and required front setback lines. Height: Although not requested as part of the application, the applicant will also need to request an additional variance for the building height. As set forth above, the Board of Adjustment previously granted a variance for a building height of ninety -one feet and one -half inch (91' "), measured at the highest point of the structure. The revised plan for the 3200 South Ocean Drive project shows a building height of ninety -seven feet and seven inches (97'7 "), measured at the highest point of the structure. Based on the foregoing, in order to process the application, the applicant will need to provide additional detail regarding the required variance(s) from the front setback requirement and amend the application to include a variance for height. Town Commission Approval: Assuming that the Board of Adjustment grants the variances for the front setback and the building height, the applicant will also need Town Commission approval for all of the other changes to the plan (other than reconfiguration of unit floor plans) as required by Resolution No. 13 -005R. This approval will include, but not be limited to, additional changes to the facade and elevations and relocation of the swimming pool from the second floor to the rooftop. Page 2 of 2 Should you have any questions relative to the forgoing, please do not hesitate to contact me. Page 3 of 2 V ISIMINGER & STUBBS ENGINEERING, INC. PRINCIPALS: ■ COASTAL • ENVIRONMENTAL • MARINE ASSOCIATES: Charles C. Isirninger, P.E. Mark A. Powell, P.E. Darwin C. Stubbs, P.E. Matthew D. Butler, P.E. August 22, 2014 I F 45/0 VIA E -MAIL (ggraue @hhcflorida.com) N a HHC Florida / Seagate Construction Group 601 North Congress Avenue, Suite 114 Delray Beach, FL 33445 Attn: Garrett Graue IN SEP 3 0 2014 Re: Environmental Permit Applications and Processing ND BEACH 3200 Ocean Boulevard Property BUILDING HI DEPARTM Pa Control No. 24434633000010210 Highland Beach, Palm Beach County, Florida Gentlemen: As discussed, we note the following in regard to the westward permittable extent of the referenced project. The currently proposed building is within less than Y2 foot of the wetlands at the closest point. This wetland line was initially staked by our office and confirmed in the field by both South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (COE) staff. In our professional opinion, we do not believe it is feasible to encroach into the wetlands for this project. This is because both the state (SFWMD) and federal (COE) regulations require that wetland impacts be avoided and minimized to the extent practical. In the case of the subject project, this criteria makes it difficult to impact wetlands because there are developable uplands on -site. Even if additional wetland impacts could be justified, both state and federal regulations require mitigation for any unavoidable impacts. In the subject case, we initially proposed a 6.5 feet wide deck behind (west of, or waterward of) the condominium building. The SFWMD demanded mitigation, even though it was to be an elevated wood deck along the landwardmost fringe of the mangrove area (less impact than fill for a building). This mitigation could not be accommodated on -site, because there was not adequate space for scrapedown of uplands to wetland elevation. This because too much space was eaten up by having to slope up to prevent impacts to neighbors. We proposed purchasing off -site mitigation credits, and were turned down by the SFWMD. The reason is that the SFWMD requires mitigation to be type for type and in the same drainage basin as the impacts, and there is no mitigation bank for mangrove impacts in the drainage basin of the subject property. We approached Palm Beach County Environmental Resources Management (ERM) to offer to purchase mitigation credits. However, ERM would not accept the conditions placed on them by the SFWMD. Given the above, we were forced to withdraw the deck from the permit application, because on -site mitigation was impractical and purchased off -site mitigation was not available. For the same reasons, mitigation would not be available for any westward extension of the building. P.O. Box 14702 • 649 U.S. Highway 1, Suite 9 • North Palm Beach • Florida 33408 Phone: 561 -881 -0003 • Fax: 561 -881 -8123 • E -mail: hq@coastal- engineers.com • Page 2 HHC Florida / Seagate Construction Group August 22, 2014 Attached is a highlighted copy of the SFWMD Request for Additional Information (RAI) which advises that they would not accept credits purchased from the Everglades Mitigation Bank. Please call if you have any questions. Thank you. Sincerely, ISIMINGER & STUBBS ENGINEERING, INC. Charles C. Isiminger, P.E. 14028.CLT.01 A(R M34'9c SOUTH FLORIDA WATER MANAGEMENT DISTRICT Regulation Division June 9, 2014 Mr. Matthew Butler, P.E. Isiminger & Stubbs Engineering, Inc. 649 U S 1, Suite 9 North Palm Beach, FL 33408 Subject: 3200 Seagate, LLC Environmental Resource Permit Application No. 140516 -7 Permit No. 50- 04322 -P Palm Beach County Dear Mr. Butler: District staff have reviewed the above - referenced application. As discussed with Caroline Hanes on June 9, 2014, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. 1), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. The application will be reviewed as an ERP Permit major modification. Please submit the $2,100 application fee. (Rule 62 330.071(1), FACJ 2. Please submit the Please submit copies of the draft Articles of Incorporation, Declaration and Restrictive Covenants or other organizational and operation documents that affirmatively assign responsibility to the proposed Condominium Owners Association for the compliance with all permit conditions including operation and maintenance of the stormwater management system and the area under a conservation easement and mitigation provisions (if any). [Section 12.3.3(a), AH Vol. I] 3. Please provide letters of availability from the potable water and wastewater suppliers for the proposed project suppliers. (Section 1.5.4, AH Vol. I and Section 2.3, AH Vol.11) 4. Please be advised that this project discharges to an impaired water body, the Lake Worth Lagoon. Additional water quality treatment is required to show that the project will not have an adverse water quality impact. Best management practices which provide 150% of the specified water quality treatment volume to prevent further degradation to the receiving body is recommended. Please submit revised calculations and /or plans as DISTRICT HEADQUARTERS: 3301 Gun Club Road, West Palm Beach. Florida 33406 • (561) 686 -8800 • (800) 432 -2045 Mailing Address: PO BOX 24680 West Palm Beach FI., 33416-4680 LOWER WEST COAST SERVICE CENTER: 2301 McGregor Boulevard, Fort Myers, FL 33901 • (239) 338 -2929 • (800) 248 -1201 OKEECHOBEE SERVICE CENTER: 3800 N.W. 16' Blvd, Suite A, Okeechobee, FL 34972 • (863) 462 -0260 • (R00) 250 -4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200. Orlando FI. 32809 • (407) 858 -6100 • (800) 250 -4250 Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 2 necessary. (Section 4.2.1, ,4H11) 5. Please provide an assessment demonstrating that the anticipated phosphorus load from the proposed development does not increase or is a reduction compared to the existing condition. (Section 4.1, AH 11) 6. It appears as though the exfiltration trench is being used for design storm attenuation. The formula used for computing exfiltration trench length is derived based on a 1 -hour exfiltration rate and is intended for short duration storm events. The driving head acting on the trench assumes the regional water table has not risen due to the short duration of the storm. How have you considered the anticipated loss in storage volume and exfiltration capability during the design storm event due to rising water table elevations and saturated soil conditions. 7. Please demonstrate that the post development discharge rate through the discharge structure into the mangrove wetland will not be at erosive velocities. The calculation should include the roof runoff from the proposed multi -story condominium. (Section 5.1, Volume 10 8. Please provide a mounding analysis demonstrating the proposed exfiltration trench adjacent to the proposed retaining wall will not impact the adjacent structures. (Rule 62- 330.301(1)(i), FAC] 9. Staff was unable to determine if the inverts that lead to exfiltration trenches are equipped with a baffle to prevent trash and other debris from entering the trench, which often creates maintenance problems and reduces the performance of the trench by clogging the system. Please be advised that all inverts leading to exfiltration trenches shall be equipped with a baffle to intercept debris. The submitted details also did not include the required sumps in the inlets. Please revise the plans to show that these requirements have been met. (Rule 62- 330.301(1)(1), FAC and Subsection 5.6.2(d), AH 11] 10. Please verify that the wetland line indicated on Sheet 2 of 3 is the line flagged during the onsite pre - application meeting on April 28, 2014. Additionally, please quantify the area of the small polygon excluded from wetland jurisdiction at the southwest comer of the mangroves. Staff will need to verify this area during a site inspection. Please submit a revised Sheet 2 of 3, if necessary, to reflect the correct wetland boundary. [Section 4.2.3, Vol. 1] 11.The project proposal includes trimming of approximately 0.66 acre of mangroves, construction of a marginal boardwalk impacting 0.037 acre of the landward edge of the mangroves, replacement of an existing 918 sq ft boardwalk through mangroves, and construction of a 232 sq ft boardwalk addition over the submerged bottom at the terminal end of the boardwalk. The mangrove trimming and marginal boardwalk were authorized previously under a permit that has expired. Please provide information to address the Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 3 following comments regarding reduction and elimination of impacts [Sections 4.2.3 and 10.2.1, Vol. l,]: a. It is not clear from the submitted information that the amount of trimming previously approved to provide views based on the former building design is necessary for the current building design. Please provide a building elevation or other drawings and information to demonstrate that the proposed amount of trimming is the minimum necessary to provide views. Additionally, the submitted proposal for mangrove trimming reflects conditions as of February, 2000. Please submit an updated revised proposal reflecting current conditions such as the size, location, and species of affected mangroves, and that proposes the minimum trimming required to provide views based on the current building design. The proposal should indicate work will be conducted by a licensed Professional Mangrove Trimmer; b. Please provide the results of any benthic resource surveys that have been conducted to document the species, abundance and distribution of marine resources potentially affected by the structure. Please contact Caroline Hanes (contact information below) to schedule a site visit to verify the resources at the site. If seagrasses are present, please submit revised plans reflecting project modifications to reduce or eliminate impacts to seagrasses; c. Please provide an exhibit with a narrative and supporting drawings as necessary to describe and depict the equipment (including barges, if any), procedures, protective measures, construction methodology and access proposed for all construction and replacement, including the addition at the terminal end. Will the existing pilings be removed or remain in place? Please fully describe how the new and replacement structures will be constructed to avoid or reduce impacts to mangroves beyond the footprint, and to seagrasses and other benthic habitats in the area of the addition; and d. Please submit revised plans using shading or other graphic means to depict all direct, secondary, permanent and temporary impacts to mangroves and seagrasses. Please quantify the areas to be impacted, and submit a revised Table 1 as necessary. 12.If construction will be conducted from barges or other water based equipment, please provide details of measures for reducing or eliminating the potential for impacts to manatees, sea turtles, and small -tooth sawfish. (Section 10.2.2, Vol. 1] 13.Submitted information includes a proposal for purchase of 0.014 credits at Florida Power & Light Everglades Mitigation Bank (EMB) to offset adverse impacts to 0.037 acre of mangroves in the footprint of the landward marginal boardwalk. The proposed activity is located in the Eastern Palm Beach County Basin, whereas the EMB is located in the East Everglades Basin. For mangroves in Palm Beach County where the project is located, Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 4 cumulative impacts to mangroves has already been determined to have occurred. Mitigation in an ecologic basin different from the basin where the impacts will occur will result in unacceptable cumulative impacts, and the project as proposed does not meet the criteria in Section 10.2.8, Volume I regarding cumulative impacts. Therefore, purchase of EMB credits is not appropriate mitigation to offset impacts at this project site. The project as proposed does not meet the conditions for issuance in Rules 62- 330.301 or -.302, FAC, (public interest test). As indicated in other comments in this letter, further information is needed to determine what modifications could be incorporated to reduce or eliminate the proposed impacts. Once the reduction and elimination criteria have been addressed, and staff has verified the remaining unavoidable impacts to the resources, please submit a revised mitigation proposal in accordance with the criteria in Section 10.3, Volume I. The major components of a mitigation plan include, but are not limited to: a. Location and evaluation demonstrating the suitability of the proposed mitigation and demonstrates that the mitigation adequately offsets the impacts in accordance with UMAM. Staff has determined that the UMAM score is 0.43 for the mangroves in the current condition; b. Complete mitigation construction drawings and methodology; c. Reasonable assurances that the proposed mitigation can be successfully accomplished; d. Monitoring and maintenance plan showing the proposed monitoring stations; e. Mitigation construction and monitoring schedule; f. The short and long tens goals of the plan; g. Measurable success criteria; h. Draft conservation easement (including boundary sketch and legal description); i. Cost estimate; j. Financial assurances; and k. Commitment for mitigation construction, monitoring and perpetual maintenance. 14. What is the proposed source for landscape irrigation water? Will temporary dewatering be required as part of the construction activities? Please contact Jon Shaw at (561)682 -6849 or JShaw @SFWMD.gov to determine if a Water Use Permit(s) will be required for irrigation Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 5 and /or dewatering. Because of the inseparable nature of water use and surface water management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken only when both applications have been deemed complete. Advisory Comment: The following comment is advisory in nature and does not require a response to the District. Al. Included with this letter /permit is a brochure from the Florida Department of Environmental Protection (FDEP) on Florida's National Pollutant Discharge Elimination System (NPDES) program for construction activities. As the brochure indicates, the U.S. Environmental Protection Agency authorized the FDEP in October 2000 to implement the NPDES stormwater permitting program in Florida. The District is assisting FDEP by distributing this information to entities which may be subject to regulation under the NPDES program. No response to the District is required. A "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES- stormwater(atdep.state.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us /water /stormwater /npdes/ . Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.00v /epermittinq) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Information regarding the District's comprehensive ePermitting program is enclosed. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to District Headquarters. In accordance with section 5.5.3.5 of Vol. I and paragraph 40E- 1.603(1)(d) F.A.C., if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 6 please contact one of the District staff members below with a request for an extension before the 90 day period ends. The District recommends contacting the assigned staff members to resolve the above questions and concems prior to submitting a response. Kelly Cranford, Lead Engineer at (561)682 -6873 or KCranfor(&sfwmd.aov , and Caroline Hanes, Environmental Analyst 3 at (561)682 -6856 or CHanesaSFWMD.gov are available to assist with questions. Sincerely, X ��-� Signed by: de Rojas, Carlos Carlos de Rojas, P.E. Section Leader South Florida Water Management District CdR/kec Enclosure cc: Garrett Graue — HHC Florida /Seagate Construction Group Joseph Pike — EnviroDesign Associates, Inc. Kristen Sella - FWC (via email) Mr. Matthew Butler, P.E. 3200 Seagate, LLC, Application No. 140516 -7 June 9, 2014 Page 7 Addresses: Put addresses of externals to be copied here. Kristen.SellaaMvFWC.com MButler coastal- enoineers.com - ... 02042014 SOUTH FLORIDA WATER MANAGEMENT DISTRICT POST - CONSTRUCTION REQUIREMENTS: For projects requiring permit transfer to the operating entity CONSTRUCTION COMPLETION /CONSTRUCTION CERTIFICATION (Form No. 62- 330.310(1) • For Environmental Resource /Surface Water Management Permits. • Submit within 30 days of construction completion. • A Florida registered professional engineer must certify that all surface water management system facilities are constructed in substantial conformance with plans and specifications approved by the District. • Required by Sections 373.117 and 373.419, Fla. Stet, • If another certification form is used by the engineer, it must address all components of the surface water management system and state that the engineer has reviewed the permit and that the constructed system is in substantial conformance with the plans and specifications approved by the District. • Permit file must contain documentation that all applicable permit conditions have been satisfied, including mitigation /preservation requirements other than long -term monitoring. REQUEST FOR TRANSFER OF PERMIT TO THE OPERATING ENTITY (Form No. 62- 330.310(2) • For Environmental Resource /Surface Water Management Permits. • Form must be completed and signed by an authorized representative of the operating entity. • Form must include all applications to be transferred. • Required enclosures (listed on Form No. 0920) should be submitted at the same time. AFFIDAVIT AND CHECKLIST FOR CONTENT OF ASSOCIATION DOCUMENTS IN COMPLIANCE WITH SFWMD PERMITTING CRITERIA • For Environmental Resource /Surface Water Management Permits. • Applies when a homeowner or property owner association, or master association, is the proposed operating entity for a surface water management system. • Submittal of affidavit greatly facilitates the review of the permit transfer. • Provides reasonable assurance that the association meets minimum requirements of Section 12.3 of Applicant's Handbook Volume I, to operate and maintain the surface water management system. DISTRICT HEADQUAR(ERS: 3301 Gun Club Road, West Patin Beach, Florida 33406 • (56!)686 -8E00 • (800) 432 -2045 Mailing Address: PO BOX 24680 Nest Palm Beach FL, 33416 -4680 LOIN ER WEST COAST SERI- ICF CENTER: 2301 McGregor Boulevard, Fort Myers, FL 33901 • (239; 338- 2929 • (800) 248 -1201 OKEECHOBEE SERVICE CENTER: 205 North Parrott Avenue, Suite 201, Okeechobee, FL34972 • (863)462 -5260 • (800) 250 -4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200, Orlando FL 32809 e (407) 858 -6100 a (800) 250 -4270 , . iN .400 ,, y SOUTH FLORIDA WATER MANAGEMENT DISTRICT V 1OS', mo+a Projects in the following counties should respond to the corresponding SFWMD Service Center: Broward, Miami-Dade, Monroe and Palm Beach SFWMD Regulatory Information Management Division P.O. Box 24680 West Palm Beach, FL 33416 -4680 Charlotte, Hendry r,A Lee SFWMD- Lower West Coast Regional Service Center 2301 McGregor Blvd. Ft Myers, FL 33901 Collier SFWMD- Big Cypress Basin Regional Service Center 2640 Golden Gate Parkway, Suite 205 Naples, FL 34105 Orange, Osceola and Polk SFWMD- Orlando Regional Service Center 1707 Orlando Central Parkway, Suite 200 Orlando, FL 32809 Glades, Highlands and Okeechobee SFWMD- Okeechobee Regional Service Center 205 North Parrot Avenue, Suite 201 Okeechobee. FL 34972 Martin & St Lucie SFWMD- Martin /St Lucie Service Center 780 SE Indian Street Willoughby Crossroads Plaza Stuart, FL 34997 ain_!1419*s AS -BUILT CERTIFICATION AND REQUEST FOR CONVERSION TO OPERATION PHASE Instructions: Complete and submit this page within 30 days of completion of the permitted activities, as required by the permit conditions. Any components of the permitted activities that are not in substantial conformance with the permit must be corrected or a modification of the permit will be required in accordance with Rule 62- 330.315, Florida Administrative Code (F.A.C.). The operation phase of the permit is effective when the construction certification for the entire permit/application is approved by the Agency. If the final operation and maintenance entity is not the permittee, the permittee shall operate the system, works or other activities temporarily until such time as the transfer to the operation entity is finalized (use Form 62- 330.310(2)). Permit No.: I Application No(s). Permittee: Project Name: Phase Of applicable): I HEREBY CERTIFY THAT (please choose accurately and check only one box): ❑ I hereby notify the Agency of the completion of construction of all the components of the system, works or other activities for the above referenced project and certify that it has been constructed in substantial conformance with the plans specifications and conditions permitted by the Agency. Any minor deviations will not prevent the system from functioning in compliance with the requirements of Chapter 62 -330, F.A.C. Attached is documentary evidence of satisfaction of any outstanding permit conditions, other than long term monitoring and inspection requirements. ❑ At the time of final inspection, the works or activities were NOT completed in substantial conformance with the plans and specifications permitted by the Agency. (The registered professional shall describe the substantial deviation(s) in writing, and provide confirming depiction on the as -built drawings and information.) If there were substantial deviations, plans must be submitted clearly labeled as "as -built" or "record` drawings reflecting the substantial deviations. If there are no substantial deviations, do not submit "as built" drawings. For activities that require certification by a registered professional: By: Signature Print Name Fla. Lic. or Reg. No I AFFIX SEAL ! Company Name Company Address Date For activities that do not require certification by a registered professional: By: Signature Print Name Company Name Company Address Date MICA - C� Form 62- 330.310(1) — As -Built Certification & Request for Conversion to Operation Phase Page 1 of 2 Incorporated by reference in paragraph 62- 330.310(4)(a), F.A.C. (Effective Date) DRAWINGS AND INFORMATION CHECKLIST Following is a list of information that is to be verified andlor submitted by the Registered Professional or Permittee: 1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under Chapter472, F.S. 2. The registered professional's certification shall be based upon on -site observation of construction (scheduled and conducted by the registered professional of record or by a project representative under direct supervision) and review of as -built drawings, with field measurements and verification as needed, for the purpose of determining if the work was completed in accordance with original permitted construction plans, specifications and conditions. 3. If submitted, the as -built drawings are to be based on the permitted construction drawings revised to reflect any substantial deviations made during construction. Both the original design and constructed condition must be clearly shown. The plans need to be clearly labeled as "as- built" or "record" drawings that clearly highlight (such as through "red lines" or "clouds") any substantial deviations made during construction. As required by law, all surveyed dimensions and elevations required shall be verified and signed, dated and sealed by an appropriate registered professional. The following information, at a minimum, shall be verified on the as -built drawings, and supplemental documents if needed: a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices, gates, pumps, pipes, and oil and grease skimmers; b. Detention /Retention Area(s) — Identification number, size in acres, side slopes (h:v), dimensions, elevations, contours or cross - sections of all, sufficient to determine stage - storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, c. Side bank and underdrain filters, or exfiltration trenches - locations, dimensions and elevations of all, including clean -outs, pipes, connections to control structures and points of discharge to receiving waters; d. System grading - dimensions, elevations, contours, final grades or cross- sections to determine contributing drainage areas, flow directions and conveyance of runoff to the system discharge point(s); e. Conveyance - dimensions, elevations, contours, final grades or cross - sections of systems utilized to divert off -site runoff around or through the new system; f. Benchmark(s) - location and description (minimum of one per major water control structure); g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans, preferably the same datum used in the permit plans. 4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial distribution of plantings conducted by zone (if plantings are required by permit), with a list showing all species planted in each zone, numbers of each species, sizes, date(s) planted and identification of source of material; also provide the dimensions, elevations, contours and representative cross - sections depicting the construction. 5. Any additional information or outstanding submittals required by permit conditions or to document permit compliance, other than long -term monitoring or inspection requirements. Form 62- 330.310(1) — As -Built Certification & Request for Conversion to Operation. Phase Incorporated by reference in paragraph 62- 330.310(4)(a), F A . (Effective Date) Page 2 of 2 REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT TO THE PERPETUAL OPERATION ENTITY Instructions: Complete this form to transfer to the permit to the operation and maintenance entity. This form can be completed concurrently with, or within 30 days of approval of the As -Built Certification and Request for Conversion to Operation Phase (Form 62- 330.310(1)). Please include all documentation required under Section 12.2.1(b) of Applicant's Handbook Volume 1. (see checklist below). Failure to submit the appropriate final documents will result in the permittee remaining liable for operation and maintenance of the permitted activities. Permit No.: I Application No(s). Project Name: I Phase (if applicable): A. REQUEST TO TRANSFER: The permittee requests that the permit be transferred to the legal entity responsible for operation and maintenance (O &M). By: Signature of Permit Name and Title Company Company Address Phone City, State, Zip B. AGREEMENT FOR SYSTEM OPERATION AND MAINTENANCE RESPONSIBILITY: The below- named legal entity agrees to operate and maintain the works or activities in compliance with all permit conditions and provisions of Chapter 62 -330, Florida Administrative Code (F.A.C.) and Applicant's Handbook Volumes 1 and II in perpetuity. Authorization for any proposed modification to the permitted activities shall be applied for and obtained prior to conducting such modification.. By: Signature of Representative of O &M Entity Name of Entity for O &M Name and Title Address Email Address City, State, Zip Phone Date Enclosed are the following documents. as applicable: -, ❑ Copy of recorded transfer of title to the operating entity for the common areas on which the stormwater management system is located (unless dedicated by plat) ❑ Copy of all recorded plats ❑ Copy of recorded declaration of covenants and restrictions, amendments, and associated exhibits ❑ Copy of flied articles of incorporation and documentary evidence of active corporate status with the Department of State, Division of Corporations (for corporations) ❑ A completed, signed, and notarized affidavit attesting that the operating entity meets the requirements of Section 12.3 of Environmental Resource Permit Applicant's Handbook Volume l.(Note- this is optional, but aids in processing of this request) '14 el Form 62- 330.310(2) — Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity Incorporated by reference in paragraph 62- 330.310(4)(a), F.A.C. (Effective Date) Page 1 of 1 Association Affidavit Application No.(s) Permit No. Reject Name (• , on behalf of in capacity, hereby attest to the following pertaining to the above project: I am submitting this affidavit to provide reasonable assurances that the requirements set forth in Section 12.3 of the Environmental Resources Permit Applicants Handbook Volume 1 (AH Vol.1) are included in the attached Association documents. 12.3.3(a), AH Vol. 1 In this affidavit, I attest that the attached Association documents comply with Section 617, Florida Statutes (Corporations Not for Profit); Section 718. Florida Statutes (Condominiums); Section 719, Florida Statutes (Cooperatives); or Section 720, Florida Statutes (Homeowners Associations), as applicable. 12.3.3(b). AH Vol. 1 I attest the Association Governing Documents include the following powers on the page numbers indicated: Page No. 1. own and convey property; 2. operate and perform maintenance of the permitted project on common property as exempted or permitted by the Agency; 3. establish rules and regulations governing membership or take any other actions necessary; 4, assess members and enforce the collection of assessments for the cost of owning and maintaining the property, including the stonnwater management (SW M) system; 5. sue and be sued; 6. contract for services to provide for operation and maintenance services; 7. require all owners of real property or units to be members of the corporation or association; and 8, demonstrate that the and on which the system is located is owned or otherwise controlled by the corporation or association to the extent necessary to operate and maintain the system or convey operation and maintenance to another entity. DEP- WMD -AH Volume I Design Aids: Association Affidavit (01/2014) Page ,o • 12.3.3(c). AH VOL 1 1 further attest that the following covenants and restrictions are contained in the Declaration of Restrictive Covenants, Deed Restrictions, Declaration of Condominium, Articles of Incorporation or other recorded document setting forth the Association's rules and regulations (documents) on the page numbers indicated: Page No. 1. The Association is responsible for the operation and maintenance of the system described in the permit. 2. The system is owned by the Association or described in the documents as common property. 3. There is a method of assessing and collecting fees for operation and maintenance of the system. 4. Any amendment proposed to these documents which would affect the system, conservation areas or water management portions of the common areas will be submitted to the Agency for a determination of whether the amendment necessitates a modification of the environmental resource permit. If a modification is necessary, the Agency will so advise the permittee. The amendment affecting the system may not be finalized until any necessary permit modification is approved by the Agency or the Association is advised that a modification is not necessary. 5. The governing provisions shall remain in effect for a minimum of twenty (20) years and shall be automatically renewed thereafter. 6. The Association exists in perpetuity. However, should the Association dissolve, the operational documents provide that the system shall be transferred to and maintained by one of the following entities: a. Local government units., including counties and municipalities, Municipal Service Taxing Units, or special taxing units; b. Active water control districts created pursuant to Chapter 298, F.S., drainage districts created by special act, special districts defined in Chapter 189, F.S., Community Development Districts created pursuant to Chapter 190, FS., Special Assessment Districts created pursuant to Chapter 170, F.S., or water management districts created pursuant to Chapter 373, F.S., c. State or federal agencies; d. Duly constituted communication, water, sewer, stormwater, electrical, or other public utilities; e. Construction permittees, subject to the restrictions below; or f. Non -profit corporations, including homeownc:s' associations, property owners' associations, condominium owners' or master associations, subject to the restrictions below. These entities must have the powers required in section 12.3, AH Vol. 1.' 7. If wetland mitigation or monitoring is required, and the operational entity will be responsible to carry out this obligation, the rules and regulations of the association state that it shall be the association's responsibility to complete the task successfully, including meeting all ( pemmt) conditions associated with wetland mitigation, maintenance and monitoring." 8. The Agency has the right to take enforcement action, including a civil action for an injunction and penalties against the Association to compel it to correct any outstanding problems with the system facilities or in mitigation or conservation areas under the responsibility or control of the Association. * These requirements of the AH Vol. 1 are also set forth in this Affidavit. You may put N/A if this section is not applicable. DEP- WMD -AH Volume I Design Aids: Association Affidavit /01/2014) P aye 2 c f 3 12.3.3(d).AH Vol. I If the project is a phased project or has independent associations, i further attest that the following powers and duties are contained in the documents: Page No. The Association has the ability to accept responsibility for operation and maintenance of the system. 1. For future phases of the project, if the operation and maintenance entity is proposed for a project that will be constructed in phases, and subsequent phases will utilize the same system as the initial phase or phases; or 2. The Association and /or sub - associations /sub- entities, either separately or collectively, have the responsibility and authority to operate and perform maintenance of the system for the entire project area, if the development scheme contemplates independent operation and maintenance entities for different phases, and the system is integrated throughout the project. That authority must include cross easements for surface water management and the ability to enter and maintain the various portions of the system, should any sub -entity fail to maintain a portion of the system within the project area. Further Affiant sayeth naught. Signature State of Florida ) County of ) ss I HEREBY CERTIFY that on the day of , 20 , before me, an officer authorized in the State aforesaid and in the County aforesaid to take acknowledgements by who is personally known to me or has produced as identification and who did (did not) take an oath. Notary Public, State of Florida DEP= WMD -AH Volume I Design Aids: Association Affidavit (01/2014) p , 3 � ,� SOUTH FLORIDA WATER MANAGEMENT DISTRICT 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. 62- 330.350( • For Environmental Resource /Surface Water Management Permits. • Submit within at least 48 hours prior to commencement. • If dates are not known, notify the District in writing to avoid post- permit compliance action; submit form once dates are determined. Be sure to reference both the application number and permit number on any correspondence. DISTRICT HEADQUARTERS: 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • (800) 432 -2045 Mailing Address: PO BOX 24680 West Palm Beach FL, 33416-4680 LOWER WEST COAST SERVICE CENTER: 2301 McGregor Boulevard, Fort Myers, FL 33901 • (239) 338 -2929 • (800) 248 -1201 OKEECHOBEE SERVICE CENTER: 205 North Parrott Avenue, Suite 201, Okeechobee, FL 34972 • (863) 462 -5260 • (800) 250 -4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200, Orlando FL 32809 • (407) 858 -6100 • (800) 250 -4250 / ,des d+ 3�� r ; SOUTH FLORIDA WATER MANAGEMENT DISTRICT W x Projects in the following counties should respond to the corresponding SFWMD Service Center: Broward, Miami -Dade, Monroe and Palm Beach SFWMD Regulatory Information Management Division P.G. Box 24680 West Palm Beach, FL 33416 -4680 Charlotte, Hendry and Lee SFWMD- Lower West Coast Regional Service Center 2301 McGregor Blvd. Ft Myers, FL 33901 Collier SFWMD- Big Cypress Basin Regional Service Center 2640 Golden Gate Parkway, Suite 205 Naples, FL 34105 Orange, Osceola and Polk SFWMD- Orlando Regional Service Center 1707 Orlando Central Parkway, Suite 200 Orlando, FL 32809 Glades, Highlands and Okeechobee SFWMD- Okeechobee Regiona! Service Center 205 North Parrot Avenue, Suite ti )1 Okeechobee. FL 34972 Martin & St Lucie SFWMD- Martin /St Lucie Service Center 780 SE Indian Street Willoughby Crossroads Plaza Stuart, FL 34997 CONSTRUCTION COMMENCEMENT NOTICE Instructions: In accordance with Chapter 62- 330.350(1)(d), F.A.C., complete and submit this form at least 48 hours prior to commencement of activity authorized by permit. Permit No. Application No. Project Name Phase Construction of the system authorized by the above referenced Environmental Resource Permit and Application, is expected to commence on , 20 and will have an estimated completion date of , 20 PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of the permit, District staff should be so notified in writing. As soon as a construction commencement date is known, the permittee shall submit a completed construction commencement notice form. Permittee's or Authorized Agent's Siqnature Company — Print Name Title Date E -mail Phone Number Reset Form Save & Print fLOR10A Form 62- 330.350(1) Construction Commencement Notice Incorporated by reference in subsection 62- 330.350(1). F.A.C. (October 1, 2013) Page 1 of 1 �'Q S ouTm FLORIDA WATER MANAGEMENT DISTRICT 1 ?j If l 4 POST- CONSTRUCTION REQUIREMENTS For projects remaining under single ownership CONSTRUCTION COMPLETION /CONSTRUCTION CERTIFICATION (Form No, 62- 330.310(1) For Environmental Resource /Surface Water Management Permits. • Submit within 30 days of construction completion. 4 A Florida registered professional engineer must certify that all surface water management system facilities are constructed in substantial conformance with plans and specifications approved by the District. • Required by Sections 373.117 and 373.419 Fla. Stat. • If another certification form is used by the engineer, it must address aii components of the surface water management system. • Statement that all permit conditions are satisfied, including mitigation /preservation requirements other than long -term monitoring. DISTRICT HEADQUARTERS: 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • (800) 432 -2045 Mailing Address: PO BOX 24680 West Palm Beach FL, 33416 -4680 LOWER WEST COAST SERVICE CENTER: 2301 McGregor Boulevard, Fort Myers. FL 33901 • (239) 338 -2929 • (800) 248 -1201 OKEECHOBEE SERVICE CENTER: 205 North Parrott Avenue, Suite 201, Okeechobee, FL34972 • (863) 462 -5260 • (800) 250 -4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200, Orlando FL 32809 • (407) 858 -6100 • (800) 250 -4250 Y fsh SOUTH FLORIDA WATER MANAGEMENT DISTRICT t , . �, .,�� Projects in the following counties should respond to the corresponding SFWMD Service Center: Broward, Miami -Dade, Monroe and Palm Beach SFWMD Regulatory Information Management Division P.O. Box 24680 West Palm Beach, FL 33416 -4680 Charlotte, Hendry and Lee SFWMD- Lower West Coast Regional Service Center 2301 McGregor Blvd. Ft Myers, FL 33901 Collier SFWMD- Big Cypress Basin Regional Service Center 2640 Golden Gate Parkway, Suite 205 Naples, FL 34105 Orange, Osceola and Polk SFWMD- Orlando Regional Service Center 1707 Orlando Central Parkway, Suite 200 Orlando FL 32809 Glades, Highlands and Okeechobee SFWMD- Okeechobee Regional Service Center 205 North Parrot Avenue, Suite 201 Okeechobee, FL 34972 Martin & St Lucie SFWMD- Martin /St Lucie Service Center 780 SE Indian Street Willoughby Crossroads Plaza Stuart, FL 34997 AS -BUILT CERTIFICATION AND REQUEST FOR CONVERSION TO OPERATION PHASE Instructions: Complete and submit this page within 30 days of completion of the permitted activities, as required by the permit conditions. Any components of the permitted activities that are not in substantial conformance with the permit must be corrected or a modification of the permit will be required in accordance with Rule 62- 330.315, Florida Administrative Code (F.A.C.). The operation phase of the permit is effective when the construction certification for the entire permit/application is approved by the Agency. If the final operation and maintenance entity is not the permittee. the permittee shall operate the system, works or other activities temporarily until such time as the transfer to the operation entity is finalized (use Form 62- 330.310(2)). Permit No.: Application No(s). Permittee: Project Name: Phase (if applicable): I HEREBY CERTIFY THAT (please choose accurately and check only one box): ❑ I hereby notify the Agency of the completion of construction of all the components of the system, works or other activities for the above referenced project and certify that it has been constructed in substantial conformance with the plans specifications and conditions permitted by the Agency. Any minor deviations will not prevent the system from functioning in compliance with the requirements of Chapter 62 -330, F.A.C. Attached is documentary evidence of satisfaction of any outstanding permit conditions, other than long term monitoring and inspection requirements. ❑ At the time of final inspection, the works or activities were NOT completed in substantial conformance with the plans and specifications permitted by the Agency. (The registered professional shall describe the substantial deviation(s) in writing, and provide confirming depiction on the as -built drawings and information.) If there were substantial deviations, plans must be submitted clearly labeled as "as- built" or "record" drawings reflecting the substantial deviations. If there are no substantial deviations, do not submit "as built" drawings. For activities that require certification by a registered professional: By: Signature Print Name Fla. Lic. or Reg. No I AFFIX SEAL I Company Name Company Address Date For activities that do not require certification by a registered professional: By: Signature Print Name Company Name Company Address Date Form 62- 330.310(1) —As -Built Certification & Request for Conversion to Operation Phase Incorporated by reference in paragraph 62- 330.310(4)(a), F.A.C. (Effective Date) Page 1 of 2 DRAWINGS AND INFORMATION CHECKLIST Following is a list of information that is to be verified andlor submitted by the Registered Professional or Permittee: 1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under Chapter472, F.S. 2. The registered professional's certification shall be based upon on -site observation of construction (scheduled and conducted by the registered professional of record or by a project representative under direct supervision) and review of as -built drawings, with field measurements and verification as needed, for the purpose of determining if the work was completed in accordance with original permitted construction plans, specifications and conditions. 3. If submitted, the as -built drawings are to be based on the permitted construction drawings revised to reflect any substantial deviations made during construction. Both the original design and constructed condition must be clearly shown. The plans need to be clearly labeled as "as- built" or "record" drawings that clearly highlight (such as through "red lines" or "clouds ") any substantial deviations made during construction. As required by law, all surveyed dimensions and elevations required shall be verified and signed, dated and sealed by an appropriate registered professional. The following information, at a minimum, shall be verified on the as -built drawings, and supplemental documents if needed: a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices, gates, pumps, pipes, and oil and grease skimmers; b. Detention /Retention Area(s) — Identification number, size in acres, side slopes (h:v), dimensions, elevations, contours or cross - sections of all, sufficient to determine stage - storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, c. Side bank and underdrain filters, or exfiltration trenches - locations, dimensions and elevations of all, including clean -outs, pipes, connections to control structures and points of discharge to receiving waters; d. System grading - dimensions, elevations, contours, final grades or cross - sections to determine contributing drainage areas, flow directions and conveyance of runoff to the system discharge point(s); e. Conveyance - dimensions, elevations, contours, final grades or cross - sections of systems utilized to divert off -site runoff around or through the new system; f. Benchmark(s) - location and description (minimum of one per major water control structure); g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans, preferably the same datum used in the permit plans. 4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial distribution of plantings conducted by zone (if plantings are required by permit), with a list showing all species planted in each zone, numbers of each species, sizes, date(s) planted and identification of source of material; also provide the dimensions, elevations, contours and representative cross - sections depicting the construction. 5. Any additional information or outstanding submittals required by permit conditions or to document permit compliance, other than long -term monitoring or inspection requirements. Form 62- 330.310(1) — As -Built Certification & Request for Conversion to Operation Phase Incorporated by reforence .n narecreph 62-330.310)4)M F.A.C. (Effective Date.) Page 2 of 2 S I U a . • I, ►► , ' 1, r 1 D T s z,, ' �,: fact r e 4 '-,-;, _ � Getting to Know ePenliitting MARCH 2012 The South Florida Water M an agement District o enhance customer service for Additional Services for is a regional, governmental Environmental Resource agency that oversees the Consumptive Water Use and Nutrient ePermitting Account Holders water resources in the Source Control Permit applicants Customers who register with the South Florida southern half of the state. and reviewers, the South Florida Water Water Management District ePermitting system It is the oldest and largest Management District has an extensive online can use additional helpful online features of the state's five water Application and Permit Information Database. including: management districts. Site users have fast access to up -to -date Our Mission is to manage permitting information and can complete and • Submit Environmental Resource, and protect water resources manage many different types Consumptive Water Use and Nutrient Source of the region by balancing of applications online. Control permit applications and applications and improving water qua to modify existing permits flood control, natural systems, and water supply. Benefits for Everyone • Submit information about permit compliance www.sfwmd.gov /ePermitting is the • Request permit transfers when property online system and database where anyone ownership changes can access details about pending and issued • Submit and access comments made by other permits. No account is needed to access government agencies this information. • Subscribe to receive electronic notifications Application and /or permit searches can be related to specific permit, application or conducted using the permit or application enforcement case by cost code number(s). number, names of people involved in the Information available includes Receipt of project or the project name, county, land use Application, Staff Reports, Notice of category or date range. The ePermitting search Intended /Proposed /Agency Action and List of function also integrates a Google Earth mapping Applications feature, allowing customers to view and save application information and permit coverages. • Submit phosphorus budget requests Information about South Florida Water • Access fee schedules Management District permit types, criteria, • Submit additional application details rules and forms, consent agreements and or application changes rulemaking notices is also available. • Submit a full or partial permit application fee payment vnnd5ov /ePermitting GETTING TO KNOW ePERMITTING Fee Payment for Permit Applicants << A full or partial permit application fee payment can be submitted online with your new Environmental Resource and /or Consumptive Use Permit application or as an additional submittal at Y www.sfwmd.gov /ePermitting. Payment can be made with MasterCard or Visa credit/debit card, or a personal or business � �; electronic check. Registering for an A kik- ePermitting Account T or , To create an ePermitting account and access additional services, visit the home page at www.sfwmd.gov /ePermitting. Click the "Create Account" icon at the top of the page. Complete all required fields on the Register User /Registration Update page then click the "Submit" button at the bottom of the page. ePermitting Notice Service ePermitting account and non - account holders can use the notice search engine to get details on newly received applications, environmental resource compliance notices, regulatory consent agendas and rulemaking. From the home page at www.sfwmd.gov /ePermitting, click "Noticing" in the column on For More Information the left side of the page under "Records Search:' From there, select the preferred seat( i options and click the "Run Report" button. Detailed help and instructional documents are available online at www.sfwmd.gov /ePermitting to ePermitting account holders can also subscribe to receive electronic guide you through each step of the process. Group or notice details that can be customized by each user. For a individual training sessions are also available. Please subscriutinn to the notice service, visit contact us at epermits @sfwmd.gov if you need www.sfwmd.gov /ePermitting and click the "Login" icon at the additional assistance. top of the page. Next, click "Subscribe" under "eNotice," then choose the subscriptions that you would like to receive. To request permit copies or receive permit research assistance, send an email to permits @sfwmd.gov. Information about permit criteria, rules and forms, consent agreements and rulemaking notices from other participating agencies is available online at: www.flwaterpermits.com. va � t cRn�a. 1 �{ For more information on this z. y c South Florida Water Management District Q Q 1 . subject, scan this QR code 3301 Gun Club Road • • ••�• using a barcode reader app b West Palm Beach, Florida 33406 { •. •- i � g Z Z I a . on your smartphone. r �os . ,. 1,a 561 - 686 - 8800. 800 -432-2045 � - � � www.sfwmd.gov EN3/19/12 0 • 4 MAILING ADDRESS: P.O. Box 24680 West Palm Beach, FL 33416 -4680 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 50. 04322 -P �1•.� {s °, DATE ISSUED:September 16, 2014 • PERMITTEE: 3200 SEAGATE. LLC 601 NORTH CONGRESS AVENUE SUITE 114 DELRAY BEACH, FL 33445 PROJECT DESCRIPTION: Modification for the construction and operation of a 1.73 acre residential project known as 3200 Seagate. PROJECT LOCATION: PALM BEACH COUNTY, SEC 33 TWP 46S RGE 43E PERMIT See Special Condition No:1. DURATION: This is to notify you of the District's agency action for Permit Application No. 140516-7, dated May 16, 2014. This action is taken pursuant to the provisions of Chapter 373, Part IV, Florida Statues (F S). Based on the information provided, District rules have been adhered to and an Environmental Resource Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing 2. the attached 18 General Conditions (See Pages : 2 - 4 of 6), 3. the attached 14 Special Conditions (See Pages : 5 - 6 or 6) and 4. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questbns concerning this matter. If we do not hear from you in accordance with the "Notice of Rights." we wit assume that you concur with the District's action. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY THAT this written notice has been mailed or electronically transmitted to the Permittee (and the persons listed in the attached distribution list) this 1 6th day of September, 2014, in accordance with Section 120.60(3), F.S. Notice was also electronically posted on this date through a link on the home page of the District's // website(my.sfwmd. /ePermitting). BY: Anita R. Bain Bureau Chief - Environmental Resource Permitting Regulation Division Page 1 of 6 Application No.: 140516 -7 Page 2 of 6 GENERAL CONDITIONS 1 All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62- 330.315, F.A.C. Any deviations that are not so authorized shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2012). 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), unless a project - specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62- 330.350(1), "Construction Commencement Notice" indicating the expected start and completion dates. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62- 330.340, F.A.C., or transferred to an operating entity under Rule 62- 330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6 . Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single - family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single - Family Dwelling Unit "[Form 62- 330.310(3)]; or b. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase" [Form 62- 330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7 . If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that Application No.: 140516 -7 Page 3 of 6 GENERAL CONDITIONS require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62 -330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state -owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long -term lease, and the new owner shall request transfer of the permit in accordance with Rule 62- 330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245 -6333 or (800) 847 -7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62- 330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other Application No.: 140516 -7 Page 4 of 6 GENERAL CONDITIONS uplands in a manner that does not require a permit under Chapter 62 -330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource - related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62- 330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Application No.: 140516 -7 Page 5 of 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on September 16, 2019. 2. Operation of the stormwater management system shall be the responsibility of 3200 South Ocean Condominium Association, Inc. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded Declaration of Condominium as shown in Exhibit 5, deed restrictions, a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: 1 -2' WIDE SHARP CRESTED weir with crest at elev. 5.75' NGVD 29. Receiving body : Adjacent wetland Control elev : 2 feet NGVD 29. 4 . A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Minimum building floor elevation: 9.75 feet NGVD 29. 6. Minimum parking lot elevation: 6.00 feet NGVD 29. 7. Endangered species, threatened species and /or species of special concem have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 8. The permittee shall comply with the following conditions intended to protect manatees and marine turtles from direct project effects: a. All personnel associated with the project shall be instructed about the presence of marine turtles, manatees and manatee speed zones. and the need to avoid collisions with and injuries to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at' Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee and marine turtle entanglement or entrapnent. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of marine turtles and manatee(s). All in -water operations, including vessels, must be shutdown if a marine turtle or manatee(s) comes within 50 feet of the operation. Activities will not resume until the animal(s) have moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. Application No 140516 -7 Page 6 of 6 SPECIAL CONDITIONS e. Any collision with or injury to a marine turtle or manatee shall be reported immediately to the FWC Hotline at 1- 888 - 404 -3922. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida, and to FWC at ImperiledSpecies @myFWC.com. f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can be viewed at MyFWC.com /manatee. Questions concerning these signs can be sent to FWC at ImperiledSpecies @ myFWC.com. 9. In order to minimize impacts to nearby marine turtle nesting beaches, all permanent exterior lighting fixtures associated with the development must minimize light contribution to urban sky glow which could be visible from the marine turtle nesting beach. To minimize sky glow, at a minimum, the project must use full cut -off (well shielded) amber or red LED fixtures that allow no emission of light above the horizontal plane of the fixture. High pressure sodium, metal halide or uplights shall not be utilized. If any of the lights become visible from the beach, they must be immediately modified such that they are no longer visible from the beach. For technical assistance on lighting, please email staff at the Florida Fish and Wildlife Conservation Commission at marineturtle @myfwc.com, or call 850 - 922 -4330. 10. Mangrove trimming is limited to activities detailed in the plan attached as Exhibit 3. All mangrove trimming activities shall be accomplished by a certified professional mangrove trimmer and in accordance with the Mangrove Trimming and Preservation Act (Sections 403.9321- 403.9333 Florida Statutes). 11. No root structure, including aerial prop -roots of red mangroves, may be altered, regardless of their size or height. Additionally, all mangrove ground cover and leaf litter are to remain undisturbed. 12 . Silt screens, hay bales, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measure shall be installed in accordance with Exhibit No. 2, Page 6 of 7, to isolate the work areas from wetland and other surface waters to remain undisturbed. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upland buffer zones. Pilings shall be installed by hand using jetting. 1 3. Boardwalk and extension platform pilings shall be constructed of plastic, concrete or greenheart, non - CCA treated wood or wood wrapped in 30 to 60 mil pvc. 14. Permanent physical markers designating the preserve status of the wetland preservation areas. The markers shall be maintained in perpetuity. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which does or may affect their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. FILING INSTRUCTIONS The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand - delivery, or e-mail. Filings by facsimile will not be accepted after October 1, 2014. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office wit receive and file the petition. • Filings by e-mail must be transmitted to the District Clerk's Office at clerkna.sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. Rev.05101114 1 INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Rules 28- 106.201 and 28- 106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency decision. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the SFWMD takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the District Clerk within 30 days of rendering of the final SFWMD action. Rev.05 /01/14 2 erp Last Date For Agency Action: September 27, 2014 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: 3200 Seagate Permit No.: 50- 04322 -P Application No.: 140516 -7 131216 -16 ERP Related Application Type: Environmental Resource (Construction /Operation Modification) Location: Palm Beach County, S33/T46S/R43E Permittee : 3200 Seagate, LIc Operating Entity : 3200 South Ocean Condominium Association, Inc. Project Area: 1.73 acres Permit Area: 1.73 acres Project Land Use: Residential Drainage Basin: INTRACOASTAL WATERWAY Receiving Body: Adjacent Wetland Class: CLASS III Special Drainage District: NA Conservation Easement To District : No Sovereign Submerged Lands: No PROJECT PURPOSE: This application is a request for modification of an Environmental Resource Permit to authorize construction and operation of a 1.73 acre residential project known as 3200 Seagate. App.no.: 140516 -7 Page 1 of 8 erp_staff_report.rdf PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The site is located in Highland Beach between State Road A1A (South Ocean Blvd.) and the Intracoastal Waterway, generally between the Highland Beach Town Hall to the south and Linton Blvd. to the north, in Palm Beach County (Exhibit 1). The property is approximately 500 feet west of the sandy beach adjacent to the Atlantic Ocean (Exhibit 4). Approximately 1.03 acres of the site consists of previously cleared uplands and remnants of an old parking lot on the northeast comer of the site. The remainder of the site, approximately 0.7 acres, consists of mangrove wetlands and the shallow submerged bottom adjacent to the Atlantic Intracoastal Waterway (AICW). An existing dilapidated wooden boardwalk extends from the center of the site westward through the mangroves to the AICW. The Wetlands Section of this staff report contains additional details. BACKGROUND: On June 4, 1999, the District authorized construction and operation of a stormwater management system serving a 1.73 acre condominium development (Permit No. 50- 04322 -P, Application No. 980918 -12). Water quality treatment, equivalent to 2.5 inches times the percent impervious, was provided in exfiltration trench. Stormwater attenuation was provided in the on -site mangrove wetlands. The authorization included a 14ft wide marginal boardwalk on the western side of the building, phased mangrove trimming, mitigation for minor wetland impacts associated with the boardwalk encroachment into the wetland, and required a conservation easement over the 0.7 acres of mangrove wetlands on the property. A permit modification issued in 2000 (Application No. 000202 -3) authorized a revised mangrove trimming plan to provide a water view through the mangroves to the AICW along the entire length of the property rather than a single tunnel view in the original proposal. The project was not constructed and the permit expired, but some trimming occurred and the conservation easement was recorded. PROPOSED PROJECT: This application is a request for modification of an Environmental Resource Permit to authorize construction and operation of a 1.73 acre residential project known as 3200 Seagate. The project includes the construction of a residential condominium, stormwater management system, reconstruction of the existing boardwalk, construction of an extension to the existing boardwalk, and re- authorization of phased mangrove trimming. The proposed stormwater management system will consist of inlets, culverts and exfiltration trench which will provide water quality treatment prior to discharge into the adjacent wetland. The total project area equals 1.73 acres. The upland portion is 1.03 acres and the wetland area is 0.7 acres. LAND USE: The "other" category represents the proposed boardwalk. Construction Project: Total Project Building Coverage .61 acres Other .05 acres App.no.: 140516 -7 Page 2 of 8 erp_staff_report.rdf Total Project Pavement .17 acres Pervious .20 acres Preserved .70 acres Total: 1.73 WATER QUANTITY : Discharge Rate : The engineer submitted calculations demonstrating that the 25 -year, 3 -day post - development discharge will be less than the pre - development discharge. Finished Floors : Building Storm Frequency : 100 YEAR -3 DAY Design Rainfall : 20 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation ( ft, NGVD 29) (ft, NGVD 29) (ft, NGVD 29) Site 9.46 9.75 7 Parking Lot Design : Parking Lot Storm Frequency : 3 YEAR -1DAY Design Rainfall :6 inches Basin Peak Stage Proposed Min.Parking Elev. ( ft, NGVD 29) (ft, NGVD 29) Site 5.97 6 Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) (ft, NGVD 29) (ft, NGVD 29) Determination Site 1.03 2 2.00 Mean High Tide Receiving Body : Basin Str.# Receiving Body Site C -8 Adjacent wetland Discharge Structures: Note: The units for all the elevation values of structures are (ft, NGVD 29) Weirs: Basin Str# Count Type Width Height Length Dia. Elev. Site C -8 1 Sharp Crested 2' 5.75 (crest) WATER QUALITY : Water quality treatment in excess of 1.5 inches over the project area will be provided in exfiltration trench. In addition, a nutrient loading analysis was submitted to demonstrate that post - development nutrient load will be less than existing conditions. Discharge is through a bubble -up structure bordered App.no. : 140516 -7 Page 3 of 8 erp_staff_report. rdf by a sand - cement riprap apron on the upland, allowing flow down into the wetland. Turbidity and sediment control devices will be used to prevent water quality violations during construction. No adverse impacts to water quality are anticipated as a result of the proposed activities. WETLANDS: The 0.7 -acre mangrove wetland on the site includes red, white and black mangroves with various exotic vegetation encroaching from the northern and eastern borders adjacent to uplands (Exhibit 2, Page 6 of 7). The onsite wetlands adjoin approximately 0.33 -acre of mangroves on the parcel to the south. The vicinity is a heavily developed corridor along the Atlantic Intracoastal Waterway such that the onsite and offsite mangroves are isolated from larger mangrove wetlands approximately 1300 feet south and beyond. The heavy accumulation of flotsam on the mud surface is indicative of the diminished tidal flushing as a result of repetitive sediment disturbance and deposition along the shoreline by frequent boat - generated waves. The applicant's property includes the sandy submerged bottom at the shoreline. Patches of shoal grass (Halodule wrightii) were observed at the existing submerged pilings seaward of the existing boardwalk terminus, but none were observed in close proximity to the proposed boardwalk extension platform. This shallow area experiences frequent disturbance by boat wakes. Wetland Impacts: The original proposal under this application included a 12ft wide marginal deck along the western face of the building, replacement of the existing boardwalk in its current alignment, and construction of a new platform at the boardwalk terminus in the Atlantic Intracoastal Waterway. Construction of the deck would have resulted in impacts to 0.037 acre of mangrove wetlands at the interface with the uplands, but there were no impacts associated with the other project components. After considering options for alternative deck dimensions and mitigation, the applicant revised the plans to delete the marginal deck. As a result, the building face will be at the wetland boundary which is generally dominated by ruderal species such as wedelia. The boardwalk will be rebuilt with a width of 4.75ft and the dimensions of the extension platform at the waterward terminus have been minimized so that together the contiguous structure is less than 1,000 sq ft (boardwalk= 888sf, platform = 100 sf) (Exhibit 2, Pages 6 and 7 of 7). Secondary impacts to the mangrove wetlands on the site were not addressed previously, possibly because of the existing level of urban development and associated disturbance in proximity to the small area of wetlands. Therefore, no secondary impacts were assessed for this review. Exhibit 3 contains details of the previously authorized phased mangrove trimming program, to be conducted by a licensed mangrove trimmer, that will be re- authorized for this project . Trimming in relation to the boardwalk is shown in Exhibit 2, Page 7 of 7. The trimming program will establish and maintain a view corridor through the mangroves along the entire length of the wetland. Based on staffs observations of the previously trimmed trees mortality or damage to the mangroves is not expected to occur. The project incorporates methods and procedures to minimize impacts to adjacent mangroves and seagrasses in the vicinity during construction. Silt fencing will be placed as shown in Exhibit 2, Page 6 of 7, to isolate the construction area from the adjacent wetlands to remain undisturbed. The boardwalk will be re -built by hand in its current alignment. The extension platform pilings will be installed by hand using jetting. Turbidity will be contained using turbidity curtains as shown in Exhibit 2, Page 6 of 7. The existing pilings in the water will be left in place. App.no. : 140516 -7 Page 4 of 8 erp_staff_report.rdf Wildlife Issues: The project will be constructed in preferred habitats used by aquatic or wetland- dependent species listed as endangered or threatened wildlife species or species of special concern, including manatees, sea turtles, and several species of wading birds. However, no listed species were observed at the time of the site inpsections. Special Condition 8 requires that the project be constructed in accordance with the Standard Manatee and Sea Turtle Construction Conditions. The project site is located approximately 500 feet west of the sandy beach used by endangered and threatened species of sea turtles for nesting during the months of March through October. It is well documented that lighting visible from nesting beaches causes adult and hatchling sea turtle disorientation and misorientation resulting in harm or death. The site is separated from the sandy beach by SR A1A, a multi -story condominium with low level buildings on each side of it, and a low narrow dune (Exhibit 4). However, due to the building heights, line of sight and elevations, extemal lighting associated with the proposed development could produce lights visible from the beach. A lighting plan has not been developed for this project and one is not required at this time. However, Special Condition 9 requires the use of lighting that minimizes contribution to urban sky glow that could be visible from the marine turtle nesting beach. This provision may not be applicable to other projects. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered /threatened species or species of special concern are discovered on the site. LEGAL ISSUES: The applicant submitted the recorded conservation easement over the 0.695 acre onsite wetland, as required in the previous permit. Special Condition No. 2 requires submittal of the Condominium Association documents (Exhibit 5) upon construction certification or within one year of permit issuance, whichever comes first. These documents identify responsibility for operation and maintenance of the facilities, including the wetlands in the conservation easement, and requirements for external lighting that minimizes potential impacts to sea turtles and the nesting beach. CERTIFICATION, OPERATION, AND MAINTENANCE: Pursuant to Chapter 62- 330.310 Florida Administrative Code (F.A.C.), Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1 -12.3 of the Applicant's Handbook Volume I and Section 62- 330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all stormwater management systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. The efficiency of stormwater management systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation App .no. : 140516 -7 Page 5 of 8 erp_staff_report.rdf due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity will be responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards. App.no.: 140516 -7 Page 6 of 8 erp_staff_report.rdf RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that domestic water will be used as a source for irrigation water for the project. The applicant has indicated that dewatering qualifies for Permit by Rule. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: Town of Highland Beach Right -Of -Way Permit Status: A District Right -of -Way Permit is not required for this project. DRI Status: This project is not a DRI. Historical /Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that no significant archaeological or historical resources are recorded in the project area and the project is therefore unlikely to have an effect upon any such properties. DEO /CZM Consistency Review: The issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: App.no.: 140516 -7 Page 7 of 8 erp_staff_report.rdf DIVISION APPROVAL: ii NATURAL - t ' RCE MANAGEMENT: L _ _ DATE: 7 - Sep - 2014 for :arbara J my SU ACE TE fit/ DATE: 08 - Sep - 2014 Carlos A. de Rojas, P.E. App. no 140516 -7 Page 8 of 8 Table of Contents for Staff Report Exhibits Application No. 140516 -7 3200 Seagate 1 Location Map 2 Construction Plans 3 Mangrove Trimming Program 4 Interpretive Aerials for Lighting Discussion 5 Condo Association Documents CD CD 0 I 1 q __ . — � a y 1 . , . "E ti FtlX 1c +, ` "��e. ,r P ^I£1-rea.,p.s _ , . . c i.-t. n -. a "'.- gyp ^l uea�p. ins yy m''E :°' +r w. I ' J Kt 'S. l i l y ~ 1 A ,,1, i ,� 1 • f. 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PILE �' A �`,`` i I TO REMAIN �` OBSERVED Q I�j PROPOSED UPLAND N.1?‘ � �� (TYP., 3 TOTAL) SEAGRASS Off,` `j !� �L (Hw, <5 °k) 102'± �� A 4' 9 "± 3'± _�/ 6± CONDOMINIUM in (LANDWARD PORTION I >> co OBSERVED SEAGRASS B o i S• B �� ``,`, TO BE RE AND I EXISTORBOARDWALK NOT ) FOR z z X (Hd, Hw; <5 %) ° �� 33't ��`, 4' 9"± REDUCED TO 4' 9 "t TO BE REMOVED I i p WIDE 888 ±S.F.OVER x PROP. x 10't / ��i,t q� N`,` WETLANDS) I BOARDWALK ADDITION t'pj' APPROX. WETLAND 4;�`� 1 I• . �i: I I o (100 ±S.F.) / 4 9 "t 4 (. ao JURISDICTION LINE NJ TURBIDITY CURTAIN APPROX. (28,000± S.F. I 1 i i.L.._L,,__________________________________x MHWL ENCLOSED) APPROX. ! - :� $� }{�� MANGROVE I -: tt. 1 ti 1 i1 EXISTING I DRIPLINE APPROX. WETLAND \....------ JURISDICTION LINE STAKED SILT FENCE - � . I CHAIN -LINK FENCE AP PROPERTY LIN NOTE: MANGROVES TO BE TRIMMED PER PREVIOUSLY AUTHORIZED PLAN (WMD PMT NO. 50-04322-P) PLAN VIEW - NOTES: V ISIMINGER & STUBBS ENGINEERING, INC. • 1. EXISTING LOCATIONS ARE APPROXIMATE AND BASED ON SURVEY BY C O:.STAL • ENVIRONMENTAL • MARINE CERTIFICATE OF AUTHORIZATION NUMBER . 8114 CAULFIELD & WHEELER, INC., REV. 5 /5/14. P.O. BOX 14702 - NORTH PALM BEACH, FL. 33408 -561- 881-0003 GIs 2. SOUNDINGS AND SEAGRASS INFORMATION BY ISMINGER & STUBBS PROPOSED BOARDWALK MODIFICATION AND ADDITION ENGINEERING, INC. FIELD WORK CONDUCTED 6/10/14. SOUNDINGS INTRACOASTAL WATERWAY O REDUCED TO MLW BASED ON PREDICTED TIDES ONLY. 3200 SOUTH OCEAN BOULEVARD TOWN OF HIGHLAND BEACH, PALM BEACH COUNTY, FL - 3. DATUM IS MLW. MLW = -0.5't NGVD FROM LABINS DATABASE. APPLICANT: 3200 SEAGATE LLC SKETCH SUBMITTED FOR ENVIRONMENTAL PERMIT REVIEW. REV 3 8/14 REVISED BOARDWALK, REMOVED DECK DATE 7/14 I DRAWN C CI JR I CHKD CCI IAPPRVD MDB NOT INTENDED FOR CONSTRUCTION OR BUILDING PERMIT REVIEW. REV 2 8/14 ADDED EXIST. PILES TO BE REMOVED DWG NO. 14028A2 SHEET r� REV 1 7/14 REVISED DECK COMPUTER FILE NO. I 14o28Ar3 OF 3 L -0 EXIST. MANGROVE -a ip \ 11 SD l itP / (TYP., SCHEM.) r-i-- \ ft. ., , A 0 SECTION A -A VERTICAL EXIST. BOARDWALK TO BE �� MANGROVE z 0 5 10 REPLACED AND REDUCED TRIMMING O IN WIDTH TO 4' 9 "tI : = , • SCALE IN FEET 1"= 10' EXIST. PILE (TYP.) EXIST. GRADE TO BE REPLACED, (VARIES) CO AS REQUIRED I -Ji NOTE: MANGROVES TO BE TRIMMED PER PREVIOUSLY II AUTHORIZED PLAN (WMD PMT NO. 50-04322-P) X O X RAILING (SCHEM.) a = PROP. BOARDWALK ADDITION I CT TO MATCH EXIST. BOARDWALK 10't SECTION B -B ELEVATION (5.0' ±NGVD) �� (MANGROVES NOT 11. r- SHOWN FOR CLARITY) NA 0 5 10 MHW= 2.4't(1.9'tNGVD) I SCALE I N FEET • MLW --� EXIST. PILE TO BE 1"=10' REPLACED, AS REQUIRED EXIST. GRADE PROP. PILE (TYP.) SECTIONS -�� ISIMINGER & STUBBS v V ENGINEERING, INC. ,^ COASTAL • ENVIRONMENTAL • MARINE .a . CERTIFICATE OF AUTHORIZATION NUMBER: 8114 /n P.O. BOX 14702 - NORTH PALM BEACH, FL. 33408 - 561 -881 -0003 _. NOTES: PROPOSED BOARDWALK MODIFICATION AND ADDITION INTRACOASTAL WATERWAY Q 1. EXISTING LOCATIONS ARE APPROXIMATE AND BASED ON SURVEY BY 3200 SOUTH OCEAN BOULEVARD — CAULFIELD & WHEELER, INC., REV. 5/5/14. TOWN OF HIGHLAND BEACH, PALM BEACH COUNTY, FL ▪ 2. DATUM IS MLW. MLW =- 0.5'±NGVD FROM LABINS DATABASE. APPLICANT: 3200 SEAGATE LLC SKETCH SUBMITTED FOR ENVIRONMENTAL PERMIT REVIEW. REV 3 8/14 REMOVED DECK, MODIFIED BOARDWALK DATE 5/14 I DRAWN MDB I CHKD CCI I APPRVD MDB NOT INTENDED FOR CONSTRUCTION OR BUILDING PERMIT REVIEW. REV 2 8/14 ADDED EXIST. PILES TO BE REMOVED DWG NO. 14028A3 SHEET REV 1 7/14 REVISED DECK COMPUTER FILE NO. 14028Ar3 OF 3 3 ___02/2W2000 03:37 5617473436 CPS INC PAGE , 03 w COASTAL PLANTING SERVICE, INC. 15771 80th Drive North Palm Beach Gardens, Florida 33418 561 - 747 -3436 5FWM Attention: Ms. Barbara comny Subject: Via Del Sole Mangrove trimming modification Original permit allowed for one "corridor" type window, located in center of fringe, at a height of 20 feet. Trees on both sides (North and South) of "window" were to be left untrimmed. This would limit views from homesites (tunnel vision), and would not equally share available view. We are hereby requesting to modify this to expand the window area throughout the entire fringe, with the bottom of the window being at 15'. Please see drawing depicting "First cut, through "Final Height". Trees to be "Windowed" were selected according to trunk diameters, and existing growth configuration. Approximate Location of these trees are shown on drawing referencing "Approximate location of trees to be windowed ". Phase I: — Prior to the "First Cut ", or "Phase I ", trees to be left as windows shall be re flagged with abundant amount of flagging so as to be more easily visible from cut location. Trees to be "windowed' shall not have any trimming activity during Phase I. (see Phase I drawing) All trees to be topped, shall be topped uniformly at 30' +or- during "Phase I ". Debris shall be removed from site. Flagging shall remain on designated trees. After a minimum of six months, trees shall be inspected for new growth. and assessed as to probability of time frame for implementing "Phase II ". "Phase II ": During "Phase II" trees to be topped shall be uniformly reduced to 25' + or -_ Trimmed debris shall be removed from site. Flagging shall remain on trees to be windowed. No trimming on trees to be "windowed" shall occur during "Phase II ". After a minimum of six months, trees shall be inspected for volv 11 EXHIBIT 5 Application No. 140516 -7 Exhibit 3 � ''ff Page 1 of 11 u</ 47/ 4 CM Y.1.7- J / J01/4/..1430 t talf Modification - Mangrove trimming Via Del Sole continued new growth, and assessed as to probability of time frame for implementing "Phase III ". "Phase III ": Phase III topping shall uniformly reduce trees to be topped to 20' +or -. Trimmed debris to be removed from site. Flagging to remain on trees to be "Windowed ". No trimming shall occur on trees to be "Windowed" during Phase III. "Phase IV ": Final reduction, or Phase IV shall uniformly reduce heights of trees to be topped to 15'+ or -. Trimmed debris shall be removed from site, flagging shall be removed from trees which have been left as 'windows ". Trees which have been left as "windows" shall now be assessed as to balance of existing growth. MINOR shapeing of trees MAY be necessary to insure adequate balance of limbs. so as to insure future growth patterns. and overall survival of these trees. Trimming on these trees shall be extremely limited, debris larger than 18 inches in length, and /or larger than one inch in diameter shall be removed from site. Respectfully submitted, Kat leen A. Baxter President, CPS,Inc. MTa -001 • EXHIBIT slims a: OF a Application No. 140516 -7 Exhibit 3 Page 2 of 11 ,..... .z 11 . -....1 , (../) VI CO z = ril -TN -c --I N C' I = ....... -§, , - ---- - -- ..., — ,‘\ : % fl • ' 3: "' , • ". '?:(71. 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NI ~ ' ^` � +:* "'v ": � q. il l^ ' '1' ` F \ 3 . 1. {� t !j'e `re . ,.•• d l 'f' r "ti� ' ■ 1 • . , ,.y 4 , - r: •,t„� , p.� .N. 1 il,,-,h...f'.„ N , ...I ). ,, j;r h ;u lip C I � EXHIBIT 1 4 0 .._ si4itr c OF / Application No. 140516 -7 Exhibit 3 Page 7 of 11 . , k- .e. -- --. — ,- • ,,,, 04- o ■-J ,-1 ----- 4 c 2 . cri v,) 2< %sof 1 ,--. Ni 0 --- d• f • - - i-• ..--. g le) o SI-7 cr k;11 54 CO c=) 0—e 01 W CN1 CO 1 w a _ cL- 0 I 1 ) 1-1 —1 C=2 3 cv , 0 < PI K , U-i 14 C V kg. ...- ,c) cc 1 cx 0 cm 0 t . ;› , • . v , --1 1 ;.:(\; . "1•' 0 , / t.t.1 i F.,,, d / 1 tle_ i i . Ciz CCe ci., - . .. .. . ... . __ ___ _ _ . .....____...._ _....... .___ _ ...... . _ .. Ale (, ....... : _........_............ 1 ....... .... 7 .—_.... ., • —,. . L l i ! EXHIBIT ci Application No. 140516-7 Exhibit•3-- --- - •t.ttiff..• 4 i oF 71 8 of 11 4 141 N AQW I! C / / C.. , ` i , , '' } 1 r, • +i _ i 1 \ • , • c ' k. ( ; \\*' N.P.. .. 4 ,, ,. ,, ! / . � . .- � ' . , ,. ;i , �_ �+ -,' 17 T L�J ./..-Z,,, Il J V , , : �. °, � ,: '' T r 1' ' ^1 �� ` t� N " -y,/ - 5 H DM UT LI.) P -R � s ,. CA dopy ' e. ) .! I1: : "6" �...,, ,. ;' t WINDOWING: Removal of secondary branches i SE 10 Dfi RY NW less than one and one half inches in diameter C3riA NcHES 1, at point of origin on trunk or primary ' LESS THANI Hi laterals, between bottom of upper canopy, and r top of hedge ■ 1 1P!t T fop on‘ 1 Ecl 3 e i l, 4) : ., 1 � i 1 ~ _.._ '' erg,, • 411.P. .., „ + 1 . IF- #♦ _-+ 1 , w � ■ � ; . :' . ( /2„,,,,,.. ) 1 \''. \ i ': ( \ , _, / t, I I I \ K . 2 , 4 '''' I i it, !T , 1 ter ! milAirovE-5 l ApacAtkoff ad i-7 Exhibit 3 Page 9 of 1 RETRIM CRITERIA We have proposed a minimum of six months between trims. The irtent of this time frame is to allow the trees to recover from any potential shock. and to regenerate leaf mass. The regeneration of leaf mass gives the trees an opportunity to expel salt which is absorbed, and is the best indication of the health of the tree. • tf a tree has a healthy. normal amount of new growth, this indicates the tree has recovered from the last cut and is therefore strong enough to proceed with the next reduction. "Normal" is defined differently on each species of mangrove, a it must be recognized that even within each species, available light to individual trees will add to, or detract - P.-0m the amount of immediately regenerated leaf mass. It must aLso be recognized that in nature, there is no exact, mathematical formula that can be applied. Trees growing in a ccn,acted community will grow to their leaf area index (LAI), ee to simplify things, will grow into as much room as they haee, and according to their "strength" as a species, hence, tl proven theory of succession. ri The following term "stem" is used as a temporary description of new irewt.h. "Stems" when mature (larger than one and one half inch) are then considered to be "laterals ". • White mangroves on this site showing "normal" responses to tcepino. are predicted to show within six months of trim date. new leaf generation at least five feet below the last cut. Leaves at base of new stems growing from main trunks, should be approximately one inch across, and approximately n:•e and one half inches long, leaves will be progressively smaller as you reach the end of the new stem. Stem lengths would vary from six inches long, at bottom of new growth area, to eighteen inches long at the top of the new growth area, where more light is available, and growth will be p odueed first - Stem diameters will vary from approximately o quarter of an inch, to three quarters of an inch. Six, tc eighteen stems, according to available light, can be expected per foot of trunk area, thinning as you measure l.;wer on the trunk. When a white mangrove that has been tc•pped, shows these characteristics, it indicates the tree has returned to its "normal function" of producing leaf mass and therefore photosynthesis, and can then be safely scheduled for additional trimming. Black mangroves on this site showing "normal" responses to topping, can be expected to initially produce new leaf y generation at least three feet below the last cut, according t_- available light. Leaves at base of new stems will be EXHT S Application No. 140516 -7 Exhibit 3.::.. r !' Elitga TO of 11 approximately Wit: half inch across and approximately one to one and one half inches long, becoming smaller as you reach the end of the new stem. Stem lengths will vary from six inches. to eighteen inches. New growth will appear closer to `I .uj_ "i'iv t, and therefore be the longer stems. Stem diameters will v:.' between one eighth of an inch, to one quarter of an inch. Twelve to eighteen new stems would be expected within the first foot. (top) of trunk, decreasing to approximately six stems per foot as you measure lower on the trunk. Black mangroves showing these characteristics would be considered to be showing "normal" amounts of new growth fcllowing a reduction in height, and therefore could be scheduled for an additional reduction. Red mangroves, except in rare cases, do not regenerate new growth from main trunks, or laterals which exceed two inches .i.•- diameter. When Red mangroves are trimmed, the best i'•dic:ation of health_. or "normal" function is the coloration o' remainimi leaves. Leaves s . +)uld be dark green, "crisp" a-.d "rubbery" in texture. New leaves will be produced from girds of ' ?xi.:cting .limbs, and secondary branches. EXHIEtir ger cf. Application No. 140516 -7 Exhibit 3 Page 11 of 11 > <-,,, 2 N ,,,61' • .. ...„... _ . L- , 1 i trirtz 14, . ' 4 • , . .1- 1 1 , - i '-' . .4 ; , I*, 8 ,,- f s 4, .. 1 ,'.•''' ' "' --mat, . , i tr , 1 . , i - - • ri :- ` - ... •;;;- k•• "IfOr 1. , . r V 1 , _ . -..--. • ''.7 i X . .,..., C . t '''. ....,. . : womwitt ir. . Cl, El 0 f jiii 4 2- - :•-:-.---- .-.., i....R - i 4 . ...., , : i• •• , , •-• r a , ....... _ - , 03 , , . , . . • • , •••1,-o. .. 11..- ,3,) i '.4 ' I . ''' 4 ..,,41 • , ; ill ______.--, • - CD .--.4-Tf A 3 I r / I 4. ' U... ' 4 -• --- - • I llt LI - - - - . . 1 ,._ ,,,i .1: - • - - .' s ' °IS a i A '' It .'" • .4 _ .,.■ . I ..i.. • 8 4 . • 11_ -e"--,--'4,-"_..' -5 "cP., . '.A • 0 1: . i .. x .. ., ,,, ' ' •• , I .' - 7.1 -- 41kil . • . p -ife ,.; L. ., C^4 k .. i . x ,n I • . . • , cr : . . - I i - . , • .., -,1 if-j., I ..m. • IA 0 . ));,.;),-- . , 'IP ' ) ' -.. — -4'..', - i . .- . ..... _ - x — ..'.,-• , _ --..0„,,,Ari..4' cn _ * ' .. /4 0, ' 40 :4 ' sr - - '' ' kl 1 it I ' 0 - _- 60 1. _ 4 • ' Ni , 10 .0-, ..••..•-•1 vellittrfti ,A,,,, , 0. ...-1 c .100 f: , • I, • , 4 .„ !.. t I ••• I ..... •... , _ _... i „ , „ , .... • • 1 • . 0 E . :) • g-. in " _ sets. I;; . .._, t It eg 1 1 I . 0411 11 1 . 4 ,...../ I le 0 v I 1:1 - "I _ E 13 F _Mt— - ' _ _. - ' • . , a . i 1 4 _ D. 5 I ' u E L. MI . 1 , li- - . 4 ce) I / — ..,, / ek m > ,-- t l At.: ,..,...._ it it „ , , . : L 2 1 , I R L.11o.... . Exhibit 4 Page 1 of 3 Application No. 140516-7 Ilia s 4.:.:: r # k + t m i `3r "� _ , . r e r n- . cry 0 1 - 0 4 —'— .» ` .:y.. u .., r _ �'. � ,.. �... � T � .. : �` � � AFB, x n } �^^� i i �' 0 .mi -.i �1 .a . . ' s;i ti .fi '''' 411air. c'' . 4 ' . ,, . CI . '. . 4t t/Pt* - 1 i -*'-' ' . -C4) . * -, J n ? t g. f I .,. s tli b Iti , , . . , 1 f. OW - s Kw INI Page 2 of 3 Application No. 140516 -7 Exhibit 4 ) � ). - / TAT "T X i - L L i 1 ' . �� " J *. i i - I www► ri1 I 1 ,f , ` ' J �� \fi! e }r .i ' - 6 ia IiA Is rt p a „ J 1 _ 1 1 I m: 7 t r r ' � �, 3267 50111H OCEAN BLVD � � CONDOMINIUM DOCUMENTS Rev. 06/2014 ,.....-..,N,- ,,,,-- 3200 SQUTH __,_,,,, OCEAN A SEAGATE RESIDENCE Application No. 140516 -7 Exhibit 4 Page 3 of 3 TABLE OF CONTENTS DECLARATION OF CONDOMINIUM 1 Includes: Articles of Incorporation of Association Bylaws of Association Plot Plan Floor Plans Survey of Land and Graphic Description of Improvements FORM OF PURCHASE AND SALE AGREEMENT 2 ASSOCIATION RULES AND REGULATIONS 3 SALES BROCHURE 4 FREQUENTLY ASKED QUESTIONS AND ANSWERS 5 EVIDENCE OF DEVELOPER'S OWNERSHIP IN THE LAND ON WHICH THE CONDOMINIUM IS TO BE DEVELOPED 6 EXECUTED ESCROW AGREEMENT 7 Application No. 140516 -7 Exhibit 5 Page 1 of 154 This instrument prepared by, or under the supervision of (and after recording, return to): Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L 135 S.E. 5th Avenue, Suite 202 Delray Beach, FL 33483 (Reserved for Clerk of Court) DECLARATION OF 3200 SOUTH OCEAN, A SEAGATE CONDOMINIUM 3200 SEAGATE, LLC, a Florida limited liability company, hereby declares: 1. Introduction and Submission. 1.1 The Land. The Declarant (as hereinafter defined) owns the fee title to certain land located in Palm Beach County, Florida, as more particularly described in Exhibit 1.1 attached hereto (the "Land "). 1.2 The Easements. The Land is burdened by, among other things: (i) the Reciprocal Easement Agreement (as hereinafter defined); (ii) Conservation Easement (as hereinafter defined); and (iii) Drainage Easement Agreement" (as hereinafter defined) (collectively, the Reciprocal Easement Agreement, Conservation Easement and the Drainage Easement Agreement are hereinafter referred to as the "Easement Agreements "). By acceptance of a deed of conveyance granting ownership of a Unit, the Unit Owner takes subject to all the benefits, burdens, obligations, terms and conditions set forth in the Easement Agreements. 1.3 Submission Statement. Except as set forth in this Subsection 1.3, the Declarant hereby submits, the Land and all improvements erected or to be erected thereon and all other property, real, personal or mixed, now or hereafter situated on or within the Land - but excluding all public or private (e.g. cable television and/or other receiving or transmitting lines, fiber, antennae or equipment) utility installations, technology wires, cables or other equipment reserved by the company installing same (to the extent the ownership of same is reserved to the company in the agreement allowing the installation of same) and all leased property therein or thereon - to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date Application No. 140516 -7 Exhibit 5 Page 2 of 154 (Reserved for Clerk of Court) hereof and as it may be hereafter renumbered. Without limiting any of the foregoing, no property, real, personal or mixed, not located within or upon the Land as aforesaid shall for any purposes be deemed part of the Condominium or be subject to the jurisdiction of the Association, the operation and effect of the Florida Condominium Act or any rules or regulations promulgated pursuant thereto, unless expressly provided. 1.4 Name. The name by which this condominium is to be identified is 3200 SOUTH OCEAN, A SEAGATE CONDOMINIUM (hereinafter called the "Condominium "). 2. Definitions. The following terms when used in this Declaration and in its exhibits, and as it and they may hereafter be amended, shall have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 2.1 "Act" means the Florida Condominium Act (Chapter 718 of the Florida Statutes) as it exists on the date hereof and as it may be hereafter renumbered. 2.2 "Articles" or "Articles of Incorporation" mean the Articles of Incorporation of the Association, as amended from time to time. 2.3 "Assessment" means a share of the funds required for the payment of Common Expenses which from time to time is assessed against the Unit Owner. 2.4 "Association" or "Condominium Association" means 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, the sole entity responsible for the operation of the Condominium. 2.5 "Association Property" means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the Association for the use and benefit of its members. 2.6 "Beach Access Easement" means that easement contained and established pursuant to the Reciprocal Easement Agreement, as further described in Paragraph 2.40 hereof, which Beach Access Easement provides that members of the Association, their guests and invitees, have certain rights of use of the land described in the Beach Access Easement for access to the beach from the road known as A -1 -A (Ocean Avenue). Declaration -2 Application No. 140516 -7 Exhibit 5 Page 3 of 154 (Reserved for Clerk of Court) 27 Beach Walk East Condominium means the condominium established pursuant to a Declaration of Condominium recorded in Official Records Book 3597, at Page 0941, of the Public Records of Palm Beach County, Florida, and which Beach Walk East Condominium is a party to the Reciprocal Easement Agreement and the Drainage Easement Agreement. 2.8 "Board" or "Board of Directors" means the board of directors, from time to time, of the Association. 2.9 "Building" means the structure(s) in which the Units and the Common Elements are located, regardless of the number of such structures, which are located on the Condominium Property. 2.10 `By- Laws" mean the By -Laws of the Association, as amended from time to time. 2.11 "Charge" shall mean and refer to the imposition of any financial obligation by the Association which is not an Assessment as defined by Subsection 2.3 above. Accordingly, as to Charges, the Association will not have the enforcement remedies that the Act grants for the collection of Assessments. 2.12 "Committee" means a group of Board Members, Unit Owners or Board Members and Unit Owners appointed by the Board or a member of the Board to make recommendations to the Board regarding the proposed annual budget or to take action on behalf of the Board. 2.13 "Common Elements" mean and include: (a) The portions of the Condominium Property which are not included within the Units and/or the Association Property. (b) All structural columns and bearing walls regardless of where located. (c) Easements through Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to Units, Common Elements and/or the Association Property. (d) An easement of support in every portion of a Unit which contributes to the support of the Building. Declaration -3 Application No. 140516 -7 Exhibit 5 Page 4 of 154 (Reserved for Clerk of Court) (e) The property and installations required for the furnishing of utilities and other services to more than one Unit or to the Common Elements and /or to the Association Property. (f) Any and all portions of the Life Safety Systems (as hereinafter defined), regardless of where located within the Condominium Property. (g) Any other parts of the Condominium Property designated as Common Elements in this Declaration, which shall specifically include the Surface Water Management System, if any, serving the Condominium Property. 2.14 "Common Expenses" mean all expenses incurred by the Association for the operation, management, maintenance, pest control, insurance, repair, replacement or protection of the Common Elements and Association Property, the costs of carrying out the powers and duties of the Association, and any other expense, whether or not included in the foregoing, designated as a "Common Expense" by the Act, the Declaration, the Articles or the Bylaws. For all purposes of this Declaration, "Common Expenses" shall also include, without limitation, the following: (a) the costs of maintaining, operating and insuring the Common Elements, including those burdened by the Easement Agreements; (b) all reserves required by the Act or otherwise established by the Association, regardless of when reserve funds are expended; (c) the cost of a master antenna television system or duly franchised cable or satellite television service obtained pursuant to a bulk contract serving all Units; (d) the cost of any bulk contract for basic services for broadband, telecommunications, satellite and/or interne services, if any, serving all Units; (e) the cost of communications services as defined in Chapter 202, Florida Statutes, information services, or Internet services obtained pursuant to a bulk contract, if any serving all Units (collectively "Communication Services "); Declaration -4 Application No. 140516 -7 Exhibit 5 Page 5 of 154 (Reserved for Clerk of Court) (f) if applicable, costs relating to reasonable transportation services, road maintenance and operation expenses, management, administrative, professional and consulting fees and expenses, and in -house and/or interactive communications and surveillance systems; (g) the real property taxes, Assessments and other maintenance expenses attributable to any Units acquired by the Association or any Association Property; (h) the costs and expenses of: (1) installing, maintaining, repairing, restoring, renourishing and/or replacing of the crosswalk or crossover structures to and from the Intracoastal Waterway located upon or adjacent to (even if beyond the legal boundaries of) the Condominium Property; and (2) installing, maintaining, repairing, restoring, renourishing and/or replacing of the crosswalk or crossover structures to and from State Road A -1 -A to the Atlantic Ocean located upon or adjacent to (even if beyond the legal boundaries of) the Beach Access Easement; (1) the costs and expenses of providing services to Owners (and their guests, tenants and invitees) on the beach located upon or adjacent to (even if beyond the legal boundaries of) the Condominium Property (without imposing any obligation on the Declarant and/or Association to provide such services); Q) any lease or maintenance agreement payments required under leases or maintenance agreements for mechanical or other equipment and/or supplies, including without limitation, leases for trash compacting and/or recycling equipment, if same is leased by the Association rather than being owned by it; (k) all expenses related to the installation, repair, maintenance, operation, alteration and/or replacement of Life Safety Systems (as hereinafter defined); (I) any obligations, financial or otherwise, pursuant to the Beach Access Easement; Declaration -5 Application No. 140516 -7 Exhibit 5 Page 6 of 154 (Reserved for Clerk of Court) (m) any and all costs, expenses, obligations (financial or otherwise) and/or liabilities of the Association and/or running with the Land pursuant to any restriction, covenant, condition, limitation, agreement, reservation and easement now or hereafter recorded in the public records; (n) any unpaid share of Common Expenses or Assessments extinguished by foreclosure of a superior lien or by deed in lieu of foreclosure; (o) costs of fire, windstorm, flood, liability and all other types of insurance including, without limitation, and specifically, insurance for officers and directors of the Association and costs and contingent expenses incurred if the Association elects to participate in a self - insurance fund authorized and approved pursuant to Section 624.462, Florida Statutes; (p) costs of water and sewer, electricity, gas and other utilities which are not consumed by and metered to individual Units; and (q) costs resulting from damage to the Condominium Property which are necessary to satisfy any deductible and/or to effect necessary repairs which are in excess of insurance proceeds received as a result of such damage. Common Expenses shall not include any separate obligations of individual Unit Owners (r) all costs related to the maintenance, operation and repair of the Surface Water Management System 2.15 "Common Surplus" means the amount of all receipts or revenues, including Assessments, rents or profits, collected by the Association which exceeds Common Expenses. 2.16 "Communication Services" shall have the meaning set forth in Section 2.14 above. 2.17 "Condominium" shall have the meaning given to it in Subsection 1.4 above. 2.18 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements which is appurtenant to said Unit. Declaration -6 Application No. 140516 -7 Exhibit 5 Page 7 of 154 (Reserved for Clerk of Court) 2.19 "Condominium Property" means the Land, Improvements and other property or property rights described in Subsection 3.1_ hereof, subject to the limitations thereof and exclusions therefrom. 2.20 "Conservation Easement" shall mean the terms, covenants, conditions and easements contained in the certain Conservation Easement recorded in Official Records Book 11872, at Page 539, of the Public Records of Palm Beach County, Florida, which terms and conditions are incorporated herein by reference. 2.21 "County" means the County of Palm Beach, State of Florida 2.22 "Declaration" or "Declaration of Condominium" means this instrument and all exhibits attached hereto, as same may be amended from time to time. 2.23 "Declarant" means 3200 SEAGATE, LLC, a Florida limited liability company, its successors, nominees, affiliates and such of its assigns as to which the rights of Declarant hereunder are specifically assigned. Declarant may assign all or a portion of its rights hereunder, or all or a portion of such rights in connection with specific portions of the Condominium. In the event of any partial assignment, the assignee shall not be deemed the Declarant, but may exercise such rights of Declarant as are specifically assigned to it. Any such assignment may be made on a nonexclusive basis. Notwithstanding any assignment of the Declarant's rights hereunder (whether partially or in full), the assignee shall not be deemed to have assumed any of the obligations of the Declarant unless, and only to the extent that, it expressly agrees to do so in writing. The rights of Declarant under this Declaration are independent of the Declarant's rights to control the Board of Directors of the Association, and, accordingly, shall not be deemed waived, transferred or assigned to the Unit Owners, the Board or the Association upon the transfer of control of the Association 2.24 "Declarant's Mortgagee" means the Declarant's mortgagee holding a first mortgage on the Condominium Property, or any portion thereof, and its successors and assigns, for as long as the Declarant's Mortgagee holds a mortgage encumbering any Unit or other portion of the Condominium Property owned by Declarant. Declaration Application No. 140516 -7 Exhibit 5 Page 8 of 154 (Reserved for Clerk of Court) 2.25 "Dispute ", for purposes of Subsection 18.1, means any disagreement between two or more parties that involves: (a) the authority of the Board, under any law or under this Declaration, the Articles or By -Laws to: (1) require any Owner to take any action, or not to take any action, involving that Owner's Unit or the appurtenances thereto; or (2) alter or add to a common area or Common Element; or (b) the failure of the Association, when required by law or this Declaration, the Articles or By -Laws to: (1) properly conduct elections; (2) give adequate notice of meetings or other actions; (3) properly conduct meetings; or (4) allow inspection of books and records. "Dispute" shall not include any disagreement that primarily involves title to any Unit or Common Element; the interpretation or enforcement of any warranty; the levy of a fee or Assessment or the collection of an Assessment levied against a party; the eviction or other removal of a tenant from a Unit; alleged breaches of fiduciary duty by one or more directors; or claims for damages to a Unit based upon the alleged failure of the Association to maintain the Common Elements or Condominium Property 2.26 "District" shall have the meaning given to it in Subsection 6.4 below. 2.27 "Division" means the Division of Florida Condominiums, Timeshares and Mobile Homes of the Department of Business and Professional Regulation, State of Florida, or its successor. 2.28 Drainage Easement Agreement means the terms, conditions and easement contained in that certain Agreement recorded in Official Records Book 3471, page 1601, of the Public Records of Palm Beach County, Florida, pursuant to which the Condominium Property shares the benefits of the drainage and maintenance easements described in the Reciprocal Easement Agreement, and the terms and conditions of said Drainage Easement Agreement are hereby incorporated herein by reference. 2.29 "Easement Agreements" shall have the meaning given in Subsection 1.2 above. 2.30 "Extraordinary Financial Event" shall mean Common Expenses resulting from a natural disaster or Act of God, which is not covered by insurance proceeds from the insurance maintained by the Association. 2.31 "First Mortgagee" shall have the meaning given to it in Subsection 13.6 below. Declaration -8 Application No. 140516 -7 Exhibit 5 Page 9 of 154 (Reserved for Clerk of Court) 2.32 "Improvements" mean all structures and artificial changes to the natural environment (exclusive of landscaping) located or to be located on the Condominium Property, including, but not limited to, the Building. 2.33 "Institutional First Mortgagee" means a bank, savings and loan association, insurance company, mortgage company, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, a government sponsored entity, the Federal National Mortgage Association ( "FNMA "), the Federal Home Loan Mortgage Corporation ( "FHLMC "), any lender advancing funds to Declarant secured by an interest in any portion of the Condominium Property or any other lender generally recognized as an institutional lender, or the Declarant, holding a first mortgage on a Unit or Units. A "Majority of Institutional First Mortgagees" shall mean and refer to Institutional First Mortgagees of Units to which at least fifty -one percent (51 %) of the voting interests of Units subject to mortgages held by Institutional First Mortgagees are appurtenant. 2.34 "Insured Property" shall have the meaning given to it in Subsection 14.2(a) below. 2.35 "Land" shall have the meaning given to it in Subsection 1.1 above. 2.36 "Life Safety Systems" mean and refer to any and all emergency lighting, emergency generators audio and visual signals, safety systems, sprinklers and smoke detection systems, which are now or hereafter installed in the Building, whether or not within the Units. All such Life Safety Systems, together with all conduits, wiring, electrical connections and systems related thereto, regardless of where located, shall be deemed Common Elements hereunder. Without limiting the generality of the foregoing, when the context shall so allow, the Life Safety Systems shall also be deemed to include all means of emergency ingress and egress, which shall include all stairways and stair landings. Notwithstanding the breadth of the foregoing definition, nothing herein shall be deemed to suggest or imply that the Building or the Condominium contains all such Life Safety Systems. 2.37 "Limited Common Elements" mean those Common Elements the use of which is reserved to a certain Unit or Units to the exclusion of other Units, as specified in this Declaration. References herein to Common Elements also shall include all Declaration -9 Application No. 140516 -7 Exhibit 5 Page 10 of 154 (Reserved for Clerk of Court) Limited Common Elements unless the context would prohibit or it is otherwise expressly provided. 2.38 "Material Amendment" shall have the meaning given to it in Subsection 6.2 below. 2.39 "Primary Institutional First Mortgagee" means the Declarant's Mortgagee for as long as it holds a mortgage on any Unit in the Condominium and, thereafter, the Institutional First Mortgagee which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other Institutional First Mortgagee 2.40 "Reciprocal Easement Agreement" shall mean the terms, covenants, conditions and easements contained in the Reciprocal Easement Agreement recorded in Official Records Book 3471, page 1594, as affected by the Agreement recorded in Official Records Book 3471, page 1601, and as further established by the Declaration of Condominium recorded in Official Records Book 3597, page 941 of the Public Records of Palm Beach County, Florida, which terms and conditions of the above are incorporated herein by reference. Pursuant to the Reciprocal Easement Agreement, (i) a five (5) foot ingress and egress easement on the southern boundary of the property line of the Beach Walk East Condominium for the purpose of access to the Atlantic Ocean from State Road A- 1-A benefitting the owners of Units; (ii) a five (5) foot ingress and egress easement on the northern boundary of the property line of the Condominium Property for the purpose of access to the Intracoastal Waterway benefitting the Beach Walk East Condominium; (iii) a nine (9) foot drainage and maintenance easement burdening the Condominium Property for the benefit of Beach Walk East Condominium; and (iv) an eight (8) foot drainage and maintenance easement burdening the Condominium Property for the benefit of the Beach Walk East Condominium (i, ii iii, and iv all as shown on survey /plot plan attached hereto as Exhibit 3.1) 2.41 "Surface Water Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity Declaration -10 Application No. 140516 -7 Exhibit 5 Page 11 of 154 (Reserved for Clerk of Court) and quality of discharges from the system, as permitted pursuant to Chapter 62- 330, F.A.C. Reciprocal Easement Agreement" shall mean the terms, covenants, conditions and easements contained in the Reciprocal Easement Agreement recorded in Official Records Book 3471, page 1594, as affected by the Agreement recorded in Official Records Book 3471, page 1601, and as further established by the Declaration of Condominium recorded in Official Records Book 3597, page 941 of the Public Records of Palm Beach County, Florida which terms and conditions of the above are incorporated herein by reference. Pursuant to the Reciprocal Easement Agreement, (i) a five (5) foot ingress and egress easement on the southern boundary of the property line of the Beach Walk East Condominium for the purpose of access to the Atlantic Ocean from State Road A -1 -A benefitting the owners of Units; (ii) a five (5) foot ingress and egress easement on the northern boundary of the property line of the Condominium Property for the purpose of access to the Intracoastal Waterway benefitting the Beach Walk East Condominium; (iii) a nine (9) foot drainage and maintenance easement burdening the Condominium Property for the benefit of Beach Walk East Condominium; and (iv) an eight (8) foot drainage and maintenance easement burdening the Condominium Property for the benefit of the Beach Walk East Condominium (i, ii, iii, and iv all as shown on survey /plot plan attached hereto as Exhibit 3.1) 2.42 "Unit" means a part of the Condominium Property which is subject to exclusive ownership. 2.43 "Unit Owner" or "Owner of a Unit" or "Owner" means a record owner of legal title to a Condominium Parcel 3. Description of Condominium. 3.1 Identification of Units. The Land has constructed thereon one (1) Building containing a total of twenty (20) Units over a 44 space parking garage, together with associated improvements.. Each Unit is identified by a separate numerical and/or alpha - numerical designation. The designation of each of such Units is set forth on Exhibit "3.1" attached hereto. Exhibit "3.1" consists of a survey of the Land, a graphic description of the Improvements located thereon, including, but Declaration -11- Application No. 140516 -7 Exhibit 5 Page 12 of 154 (Reserved for Clerk of Court) not limited to, the Building in which the Units are located, and a plot plan thereof. Said Exhibit "3.1", together with this Declaration, is sufficient in detail to identify the Common Elements and each Unit and their relative locations and dimensions. There shall pass with a Unit as appurtenances thereto: (a) an undivided share in the Common Elements and Common Surplus; (b) the exclusive right to use such portion of the Common Elements as may be provided in this Declaration, including, without limitation, the right to transfer such right to other Units or Unit Owners; (c) an exclusive easement for the use of the airspace occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time, provided that an easement in airspace which is vacated shall be terminated automatically; (d) membership in the Association with the full voting rights appurtenant thereto; and (e) other appurtenances as may be provided by this Declaration. 3.2 Unit Boundaries. Each Unit shall include that part of the Building containing the Unit that lies within the following boundaries: (a) Upper and Lower Boundaries. The upper and lower boundaries of the Unit shall be the following boundaries extended to their planar intersections with the perimetrical boundaries: (1) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceiling (which will be deemed to be the ceiling of the upper story if the Unit is a multi -story Unit, provided that in multi -story Units where the lower boundary extends beyond the upper boundary, the upper boundary shall include that portion of the ceiling of the lower floor for which there is no corresponding ceiling on the upper floor directly above such bottom floor ceiling). (ii) Lower Boundaries. The horizontal plane of the unfinished upper surface of the floor of the Unit (which will be deemed to be the floor of the first story if the Unit is a multi -story Unit, provided that in multi -story Units where the upper boundary extends beyond the lower boundary, the lower boundary shall include that portion of the floor of the upper floor for which there is no corresponding floor on the bottom floor directly below the floor of such top floor). Declaration -12- Application No. 140516 -7 Exhibit 5 Page 13 of 154 (Reserved for Clerk of Court) (iii) Interior Divisions. Except as provided in Subsections 3.2(a)(i) and 3.2(a)(ii) above, no part of the floor of the top floor, ceiling of the bottom floor, stairwell adjoining the multi - floors, in all cases of a multi -story Unit, if any, or nonstructural interior walls shall be considered a boundary of the Unit. (b) Perimetrical Boundaries. The perimetrical boundaries of the Unit shall be the vertical planes of the unfinished interior surfaces of the walls bounding the Unit extended to their planar intersections with each other and with the upper and lower boundaries (and to the extent that the walls are drywall and /or gypsum board, the Unit boundaries shall be deemed to be the area immediately behind the drywall and/or gypsum board, so that for all purposes hereunder the drywall and/or gypsum board shall be deemed part of the Unit and not part of the Common Elements). (c) Apertures. Where there are apertures in any boundary, including, but not limited to, windows, doors, sliding glass doors, bay windows and skylights, such boundaries shall be extended to include the windows, doors and other fixtures located in such apertures, including all frameworks, window casings and weather stripping thereof, together with exterior surfaces made of glass or other transparent materials; provided, however, that the exteriors of doors facing interior Common Element hallways shall not be included in the boundaries of the Unit and shall therefore be Common Elements. Notwithstanding anything herein contained to the contrary, any elevators (including all mechanical equipment serving, and housing for the elevators) solely serving a Unit (to the exclusion of all other Units) shall be deemed part of the Unit. Further, notwithstanding anything to the contrary, the structural components of the Building, and the Life Safety Systems, regardless of where located, are expressly excluded from the Units and are instead deemed Common Elements. (d) Exceptions. In cases not specifically covered above, and /or in any case of conflict or ambiguity, the survey of the Units set forth as Exhibit "3.1" hereto shall control in determining the boundaries of a Unit, except that the provisions of Subsection 3.2(c) above shall control unless specifically depicted and labeled otherwise on such survey. Declaration -13- Application No. 140516 -7 Exhibit 5 Page 14 of 154 (Reserved for Clerk of Court) 3.3 Limited Common Elements. Each Unit may have, to the extent applicable and subject to the provisions of this Declaration, as Limited Common Elements appurtenant thereto: (a) Balconies and/or Lanais appurtenant to Units. Any patio, balcony, terrace, lanai and/or pool (and all improvements thereto) as to which direct and exclusive access shall be afforded to any particular Unit or Units to the exclusion of others shall be a Limited Common Element of such Unit(s). Except only as set forth below, the Association shall be responsible for the maintenance of the structural and mechanical elements of any such Limited Common Elements, with the costs of same being a part of the Common Expenses. Except only as set forth below, each Unit Owner shall, however, be responsible for the maintenance of any other portions of such areas, for the general cleaning, plant care and upkeep of the appearance of the area(s) and for the repair and replacement of any floor coverings placed or installed on any patio, balcony, terrace and/or lanai, and for the repair, maintenance and replacement of all pool surfaces and pool equipment. A Unit Owner using a patio, balcony, terrace, lanai, and/or pool or making or causing to be made any additions, alterations or improvements thereto agrees, and shall be deemed to have agreed, for such Owner, and such Owner's heirs, personal representatives, successors and assigns, as appropriate, to hold the Association, the Declarant and all other Unit Owners harmless from and to indemnify them for any liability or damage to the Condominium and /or Association Property and expenses arising therefrom. Notwithstanding any other provision of this Declaration, prior to commencement of any repair or replacement of any portion of a patio, balcony, terrace, lanai and /or pool, the Unit owner shall submit for approval to the Association all plans, specifications, materials and drawings which shall be used and/or installed for approval by the Association. In addition, the Association shall approve, prior to the commencement of any work, the contractor performing the work. It is specifically agreed to by the acceptance of a Deed that no work shall be performed on any Limited Common Element without the prior express written authorization of the Association. Declaration -14- Application No. 140516 -7 Exhibit 5 Page 15 of 154 (Reserved for Clerk of Court) (b) Parking Spaces. Each parking space, as shown on Exhibit "3.1" attached hereto, shall be a Limited Common Element only upon it being assigned as such to a particular Unit in the manner described herein. Each Unit is entitled to the use of two (2) parking spaces, which spaces shall be assigned by the Declarant (so long as Declarant owns a Unit for sale in the ordinary course of business) or, thereafter, by the Association, where the Unit Owner may park two (2) vehicles. Until such time as Declarant is no longer offering Units for sale in the ordinary course of business, Declarant hereby reserves and shall have (and after such period the Association, acting through its Board, shall have) the right to assign, with or without consideration, the exclusive right to use any parking space located within the Common Elements of the Condominium and shown on Exhibit "3.1" attached hereto, to one or more Units, whereupon the space so assigned shall be deemed a Limited Common Element of the Unit(s) to which it is assigned. Such assignment shall not be recorded in the Public Records of the County but, rather, shall be made by way of instrument placed in the official records of the Association (as same are defined in the By- Laws). Further, a Limited Common Element parking space may be relocated at any time, and from time to time, by the Board to comply with applicable Federal, State and local laws and regulations regarding or affecting handicap accessibility. Accordingly, a specific assigned Limited Common Element parking space is subject to change. The maintenance of any parking space so assigned shall be the responsibility of the Association (provided however, that the contents placed in any such parking space, including, without limitation, any vehicle maintained therein, and the insurance thereof, shall be the sole responsibility of the Unit Owner). EACH UNIT OWNER ACKNOWLEDGES AND AGREES THAT, IN THE EVENT OF FLOODING, ANY AUTOMOBILES AND /OR PERSONAL PROPERTY STORED IN A PARKING SPACE MAY BE SUSCEPTIBLE TO WATER DAMAGE. BY ACQUIRING TITLE TO, OR TAKING POSSESSION OF, A UNIT, OR ACCEPTING THE ASSIGNMENT OF A PARKING SPACE EACH OWNER, FOR SUCH OWNER AND SUCH OWNER'S TENANTS, GUESTS AND INVITEES, HEREBY EXPRESSLY ASSUMES ANY RESPONSIBILITY FOR LOSS, DAMAGE OR LIABILITY RESULTING THEREFROM. Declaration -15- Application No. 140516 -7 Exhibit 5 Page 16 of 154 (Reserved for Clerk of Court) (c) Storage Spaces. Each storage space, as shown on Exhibit "3.1" attached hereto, shall be a Limited Common Element only upon it being assigned as such to a particular Unit in the manner described herein. Each owner of a Unit shall be assigned the right to use one (1) storage space. Until such time as Declarant is no longer offering Units for sale in the ordinary course of business, Declarant hereby reserves and shall have (and after such period the Association, acting through its Board, shall have) the right to assign, with or without consideration, the exclusive right to use any storage space located within the Common Elements of the Condominium and shown on Exhibit "3.1" attached hereto, to one or more Units, whereupon the space so assigned shall be deemed a Limited Common Element of the Unit(s) to which it is assigned. Such assignment shall not be recorded in the Public Records of the County but, rather, shall be made by way of instrument placed in the official records of the Association (as same are defined in the By- Laws). The maintenance of any storage space so assigned shall be the responsibility of the Association (provided however, that the contents placed in any such storage space, including, the insurance thereof, shall be the sole responsibility of the Unit Owner). EACH UNIT OWNER ACKNOWLEDGES AND AGREES THAT, IN THE EVENT OF FLOODING, ANY PERSONAL PROPERTY STORED IN THE STORAGE SPACE MAY BE SUSCEPTIBLE TO WATER DAMAGE. BY ACQUIRING TITLE TO, OR TAKING POSSESSION OF, A UNIT, OR ACCEPTING THE ASSIGNMENT OF A PARKING SPACE EACH OWNER, FOR SUCH OWNER AND SUCH OWNER'S TENANTS, GUESTS AND INVITEES, HEREBY EXPRESSLY ASSUMES ANY RESPONSIBILITY FOR LOSS, DAMAGE OR LIABILITY RESULTING THEREFROM. (d) Miscellaneous Areas, Equipment. Except to the extent that same are located within the boundaries of a Unit, any fixtures or equipment (e.g., an air conditioning compressor, other portions of any air conditioning systems, and/or heater, if any, or hot water heater) serving a Unit or Units exclusively and any area (e.g., a closet, roof space or ground slab) upon/within which such fixtures or equipment are located shall be Limited Common Elements of such Unit(s). Without limiting the foregoing, (i) each air conditioning unit (and all equipment and fixtures constituting an individual air conditioning system) located on the roof of the Building or Declaration -16- Application No. 140516 -7 Exhibit 5 Page 17 of 154 (Reserved for Clerk of Court within a area which serves only one Unit; and (ii) pool and pool equipment which serves a pool benefitting only one Unit, shall be deemed a Limited Common Element of the Unit it serves. The maintenance (and cost) of any such fixtures and/or equipment and/or areas so assigned shall be the sole responsibility of the Owner of the Unit(s) to which the fixtures and /or equipment are appurtenant. (e) Other. If applicable, any other portion of the Common Elements which, by its nature, cannot serve all Units but serves one Unit or more than one Unit (i.e., any hallway and/or elevator landing serving a single Unit or more than one (1) Unit owned by the same Owner) shall be deemed a Limited Common Element of the Unit(s) served and shall be maintained by said Owner. In the event of any doubt or dispute as to whether any portion of the Common Elements constitutes a Limited Common Element or in the event of any question as to which Units are served thereby, a decision shall be made by a majority vote of the Board of Directors of the Association and shall be binding and conclusive when so made. To the extent of any area deemed a Limited Common Element under this Subsection 3.3(e), the Owner of the Unit (s) to which the Limited Common Element is appurtenant shall have the right to alter same as if the Limited Common Element were part of the Owner's Unit, rather than as required for alteration of Common Elements. Notwithstanding the foregoing, the designation of any portion of the Common Elements as a Limited Common Element under this Subsection 3.3(e) shall not allow the Owner of the Unit to which the Limited Common Element is appurtenant to preclude, or in any way interfere with the passage through such areas as may be needed from time to time for emergency ingress and egress, and for the maintenance, repair, replacement, alteration and/or operation of the elevators, Life Safety Systems, mechanical equipment and/or other Common Elements which are most conveniently serviced (in the sole determination of the Board) by accessing such areas (and an easement is hereby reserved for such purposes). Except for those portions of the Common Elements designed and intended to be used by all Unit Owners, a portion of the Common Elements serving only one (1) Unit or a group of Units (but not all Units) may be reclassified as a Limited Common Element upon the vote required to Declaration -17 Application No. 140516 -7 Exhibit 5 Page 18 of 154 (Reserved for Clerk of Court) amend the Declaration under either Section 6.1 or 6.5 hereof (and any such amendment shall not be deemed a Material Amendment governed by Section 6.2). 3.4 Easements. The following easements are hereby created (in addition to any easements created under the Act and any easements affecting the Condominium Property and recorded in the Public Records of the County, which include, among others the burdens imposed by the Reciprocal Easement Agreement and the Utilities Easement Agreement): (a) Support. Each Unit and any structure and/or Improvement now or hereafter constructed adjacent thereto shall have an easement of support and of necessity and shall be subject to an easement of support and necessity in favor of all other Units, the Common Elements and/or the Association Property and any other structure or improvement which abuts any Unit, the Building or any Improvements. (b) Utility and Other Services; Drainage. Easements are reserved under, through and over the Condominium Property as may be required from time to time for utility, cable television, communications and monitoring systems, Life Safety Systems, digital and/or other satellite systems, broadband communications and other services and drainage in order to serve the Condominium and/or members of the Association. A Unit Owner shall do nothing within or outside his or her Unit that interferes with or impairs, or may interfere with or impair, the provision of such utility, cable television, communications, monitoring systems, Life Safety Systems, digital and/or other satellite systems, broadband communications or other service or drainage facilities or the use of these easements. The Association shall have an irrevocable right of access to each Unit to maintain, repair or replace the pipes, wires, ducts, vents, cables, conduits and other utility, cable television, communications, monitoring systems, Life Safety Systems, digital and/or other satellite systems, broadband communications and similar systems, hot water heaters, service and drainage facilities, and Common Elements contained in the Unit or elsewhere in the Condominium Property, and to remove any Improvements interfering with or impairing such facilities or easements herein reserved; provided such right of access, except in the event of an emergency, shall not unreasonably interfere with the Unit Owner's Declaration -18- Application No. 140516 -7 Exhibit 5 Page 19 of 154 (Reserved for Clerk of Court) permitted use of the Unit, and except in the event of an emergency, entry shall be made on not less than one (1) days' notice (which notice shall not, however, be required if the Unit Owner is absent when the giving of notice is attempted). (c) Encroachments. If (i) any portion of the Common Elements and /or the Association Property encroaches upon any Unit (or Limited Common Element appurtenant thereto); (ii) any Unit (or Limited Common Element appurtenant thereto) encroaches upon any other Unit or upon any portion of the Common Elements and/or the Association Property; or (iii) any encroachment shall hereafter occur as a result of (1) construction of the Improvements; (2) settling or shifting of the Improvements; (3) any alteration or repair to the Common Elements and/or the Association Property made by or with the consent of the Association or Declarant, as appropriate; or (4) any repair or restoration of the Improvements (or any portion thereof) or any Unit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Unit or the Common Elements and/or the Association Property, then, in any such event, a valid easement shall exist for such encroachment and for the maintenance of same so long as the Improvements shall stand. (d) Ingress and Egress. A non - exclusive easement in favor of each Unit Owner and resident, their guests, tenants and invitees, and for each member of the Association and their guests, tenants and invitees, shall exist for pedestrian traffic over, through and across sidewalks, streets, paths, walks, and other portions of the Common Elements and Association Property as from time to time may be intended and designated for such purpose and use by the Board; and for vehicular and pedestrian traffic over, through and across, and parking on, such portions of the Common Elements and Association Property as from time to time may be paved and intended for such purposes. None of the easements specified in this Subsection 3.4(d) shall be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any such lien encumbering such easements (other than those on Condominium Parcels) automatically shall be subordinate to the rights of Unit Owners and the Association with respect to such easements. Declaration -19 Application No. 140516 -7 Exhibit 5 Page 20 of 154 (Reserved for Clerk of Court) (e) Construction; Maintenance. The Declarant (including its affiliates and its or their designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose of undertaking and completing the construction thereof and/or any portion of the Condominium Property, or any part thereof, or any Improvements or Units located or to be located thereon, and/or any improvements located or to be located adjacent thereto and for repair, replacement and maintenance or warranty purposes or where the Declarant, in its sole discretion, determines that it is required or desires to do so. The Association (and its designees, contractors, subcontractors, employees) shall have the right to have access to each Unit from time to time during reasonable hours as may be necessary for pest control purposes and for the maintenance, repair or replacement of any Common Elements or any portion of a Unit, if any, to be maintained by the Association, or at any time and by force, if necessary, to prevent damage to the Common Elements, the Association Property or to a Unit or Units, including, without limitation, (but without obligation or duty) to close exterior storm shutters in the event of the issuance of a storm watch or storm warning. (f) Exterior Building Maintenance. An easement is hereby reserved on, through and across each Unit and all Limited Common Elements appurtenant thereto in order to afford access to the Association (and its contractors) to perform roof repairs and /or replacements, repair, replace, maintain and/or alter rooftop mechanical equipment, to stage window washing equipment and to perform window washing and/or any other exterior maintenance and/or painting of the Building. (g) Sales and Leasing Activity. Until such time as Declarant (or any of its affiliates) is no longer offering Units for sale in the ordinary course of its business, the Declarant, its designees, successors and assigns, hereby reserves and shall have the right to use any Units owned by Declarant (or its affiliates) and all of the Common Elements or Association Property for guest accommodations, model apartments and sales, leasing, management, resales, administration and construction offices, to provide financial services, to show model Units and/or apartments and the Common Declaration -20- Application No. 140516 -7 Exhibit 5 Page 21 of 154 (Reserved for Clerk of Court) Elements and/or any other portions of the Condominium Property or such neighboring property to prospective purchasers and tenants of Units and /or "units" or "improvements" intended to be constructed on any neighboring properties, and/or to erect on the Condominium Property and Association Property signs, displays and other promotional material to advertise Units or other properties for sale or lease either in the Condominium or such neighboring properties (and an easement is hereby reserved for all such purposes and without the requirement that any consideration be paid by the Declarant to the Association or to any Unit Owner). (h) Public Easements. Fire, police, health and sanitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Elements in the performance of their respective duties. (i) Warranty. For as long as Declarant remains liable under any warranty, whether statutory, express or implied, for acts or omissions of Declarant in the development, construction, sale, resale, leasing, financing and marketing of the Condominium, then Declarant and its contractors, agents and designees shall have the right, in Declarant's sole discretion and from time to time and without requiring prior approval of the Association and/or any Unit Owner and without requiring any consideration to be paid by the Declarant to the Unit Owners and/or Condominium Association (provided, however, that absent an emergency situation, Declarant shall provide reasonable advance notice), to enter the Condominium Property, including the Units, Common Elements and Limited Common Elements, for the purpose of inspecting, testing and surveying same to determine the need for repairs, improvements and/or replacements, and effecting same, so that Declarant can fulfill any of its warranty obligations. The failure of the Association or any Unit Owner to grant, or should they interfere with, such access, shall alleviate the Declarant from having to fulfill its warranty obligations and the costs, expenses, liabilities or damages arising out of any unfulfilled Declarant warranty will be the sole obligation and liability of the person or entity who or which impedes the Declarant in any way in Declarant's activities described in this Subsection 3.4(i). The easements reserved in this Section shall expressly survive the transfer of control of the Association to Unit Owners other than the Declarant and the issuance Declaration -21- Application No. 140516 -7 Exhibit 5 Page 22 of 154 (Reserved for Clerk of Court) of any certificates of occupancy for the Condominium Property (or portions thereof). Nothing herein shall be deemed or construed as the Declarant making or offering any warranty, all of which are disclaimed (except to the extent same may not be or are expressly set forth herein) as set forth in Section 22 below. 0) Additional Easements. The Association, through its Board, on the Association's behalf and on behalf of all Unit Owners (each of whom hereby appoints the Association as its attorney -in -fact for this purpose), shall have the right to grant such additional general ( "blanket ") and specific electric, gas or other utility, cable television, security systems, communications or service easements (and appropriate bills of sale for equipment, conduits, pipes, lines and similar installations pertaining thereto), or modify or relocate any such existing easements or drainage facilities, in any portion of the Condominium and /or Association Property, and to grant access easements or relocate any existing access easements in any portion of the Condominium and/or Association Property, as the Board shall deem necessary or desirable for the proper operation and maintenance of the Improvements, or any portion thereof, or for the general health or welfare of the Unit Owners and/or members of the Association, or for the purpose of carrying out any provisions of this Declaration, provided that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the reasonable use of the Units for dwelling purposes. 4. Restraint Upon Separation and Partition of Common Elements. The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, and the exclusive right to use all appropriate appurtenant Limited Common Elements, shall not be separated therefrom and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, and the exclusive right to use all Limited Common Elements appurtenant to a Unit, except as elsewhere herein provided to the contrary, cannot be conveyed or encumbered except together with the Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any part thereof, shall lie, except as provided herein with respect to termination of the Condominium. Declaration -22- Application No. 140516 -7 Exhibit 5 Page 23 of 154 (Reserved for Clerk of Court) 5. Ownership of Common Elements and Common Surplus and Share of Common Expenses; Voting Rights 5.1 Percentage Ownership and Shares in Common Elements. The undivided percentage interest in the Common Elements and Common Surplus, and the percentage share of the Common Expenses, appurtenant to each Unit, is as set forth on Exhibit "5.1" attached hereto, same having been determined based upon the total square footage of the applicable Unit in uniform relationship to the total square footage of each other Unit. 5.2 Voting. Each Unit shall be entitled to one (1) vote to be cast by its Owner in accordance with the provisions of the By -Laws and Articles of Incorporation of the Association. Each Unit Owner shall be a member of the Association. 6. Amendments. Except as elsewhere provided herein, amendments may be effected as follows: 6.1 By The Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to be considered. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors of the Association or by not less than one -third (1/3) of the Unit Owners. Except as elsewhere provided, approvals must be by an affirmative vote representing in excess of a majority of the voting interests of all Unit Owners. Unit Owners not present in person or by proxy at the meeting considering the amendment may express their approval or disapproval in writing, provided that such approval or disapproval is delivered to the secretary at or prior to the meeting, however, such approval or disapproval may not be used as a vote for or against the action taken and may not be used for the purpose of creating a quorum. 6.2 Material Amendments. Unless otherwise provided specifically to the contrary in this Declaration, no amendment shall change the configuration or size of any Unit in any material fashion, materially alter or modify the appurtenances to any Unit, or change the percentage by which the Owner of a Unit shares the Common Expenses and owns the Common Elements and Common Surplus (any such change or alteration being a "Material Amendment "), unless the record Owner(s) thereof, and all record owners of mortgages or other liens thereon, shall join in the execution of the amendment and the amendment is otherwise approved by an Declaration -23- Application No. 140516 -7 Exhibit 5 Page 24 of 154 (Reserved for Clerk of Court) affirmative vote representing a majority of all of the voting interests of all Unit Owners. The acquisition of property by the Association, the designation of a portion of Common Elements to be Limited Common Elements (as contemplated in Section 3.3(e) above), material alterations or substantial additions to such property or the Common Elements by the Association and installation, replacement, operation, repair and maintenance of approved exterior storm shutters, if in accordance with the provisions of this Declaration, shall not be deemed to constitute a material alteration or modification of the appurtenances of the Units, and accordingly, shall not constitute a Material Amendment. 6.3 Mortgagee's Consent. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to any Institutional First Mortgagees or the Primary Institutional First Mortgagee without the consent of the aforesaid Institutional First Mortgagees in each instance; nor shall an amendment make any change in the sections hereof entitled "Insurance ", "Reconstruction or Repair after Casualty ", or "Condemnation" unless the Primary Institutional First Mortgagee shall join in the amendment. Except as specifically provided herein or if required by FNMA or FHLMC, the consent and /or joinder of any lien or mortgage holder on a Unit shall not be required for the adoption of an amendment to this Declaration and, whenever the consent or joinder of a lien or mortgage holder is required, such consent or joinder shall not be unreasonably withheld. 6.4 Water Management District. No amendment may be adopted which would affect the Conservation Agreement, the surface water management and /or drainage systems, including environmental conservation areas, without the consent of the applicable water management district (the "District "). If a modification is necessary, the District will advise the Association. The District has the right to take enforcement action, including a civil action for an injunction and penalties against the Association to compel it to correct any outstanding problems with the Surface Water Management System facilities or in mitigation or conservation areas under the responsibility or control of the Association. 6.5 By or Affecting the Declarant. Notwithstanding anything herein contained to the contrary, during the time the Declarant has the right to elect a majority of the Board of Directors of the Association, the Declaration, the Articles of Incorporation or the By -Laws of the Association may be amended by the Declarant alone, without requiring the consent of any other party, to effect any Declaration -24- Application No. 140516 -7 Exhibit 5 Page 25 of 154 (Reserved for Clerk of Court) change whatsoever, except for an amendment: (i) to permit time -share estates (which must be approved, if at all, by all Unit Owners and mortgagees on Units); or (ii) to effect a Material Amendment which must be approved, if at all, in the manner set forth in Subsection 6.2 above. The unilateral amendment right set forth herein shall include, without limitation, the right to correct scrivener's errors. No amendment may be adopted (whether to this Declaration or any of the exhibits hereto) which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Declarant, without the prior written consent of the Declarant in each instance. 6.6 Execution and Recording. An amendment, other than amendments made by the Declarant alone pursuant to the Act or this Declaration, shall be evidenced by a certificate of the Association, executed either by the President of the Association or a majority of the members of the Board of Directors which shall include recording data identifying the Declaration and shall be executed with the same formalities required for the execution of a deed. An amendment of the Declaration is effective when the applicable amendment is properly recorded in the public records of the County. No provision of this Declaration shall be revised or amended by reference to its title or number only. Proposals to amend existing provisions of this Declaration shall contain the full text of the provision to be amended; new words shall be inserted in the text underlined; and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of Declaration. See provision ... for present text." Nonmaterial errors or omissions in the amendment process shall not invalidate an otherwise properly adopted amendment. 7. Maintenance and Repairs. 7.1 Units and Limited Common Elements. All maintenance, repairs and replacements of, in or to any Unit and Limited Common Elements appurtenant thereto, whether structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, including, without limitation, maintenance, repair and replacement of windows, window coverings, interior nonstructural walls, the interior side of any entrance door and all other doors within or affording access to a Unit, and the electrical Declaration -25- Application No. 140516 -7 Exhibit 5 Page 26 of 154 (Reserved for Clerk of Court) (including wiring), plumbing (including fixtures and connections), heating and air - conditioning equipment, pool and pool equipment, fixtures and outlets, appliances, carpets and other floor coverings, all interior surfaces and the entire interior of the Unit lying within the boundaries of the Unit or the Limited Common Elements or other property belonging to the Unit Owner, shall be performed by the Owner of such Unit at the Unit Owner's sole cost and expense, except as otherwise expressly provided to the contrary herein. 7.2 Common Elements and Association Property. Except to the extent (i) expressly provided to the contrary herein, or (ii) proceeds of insurance are made available therefor, all maintenance, repairs and replacements in or to the Common Elements (other than those Limited Common Elements or portions thereof to be maintained by the Unit Owners as provided above) and Association Property shall be performed by the Association and the cost and expense thereof shall be Assessed to all Unit Owners as a Common Expense, except to the extent arising from or necessitated by the negligence, misuse or neglect of specific Unit Owners, in which case such cost and expense shall be paid solely by such Unit Owners as a Charge. 7.3 Specific Unit Owner Responsibility. The obligation to maintain and repair any air conditioning and heating equipment, plumbing or electrical feeds, fixtures, screens (whether on windows or doors), screened enclosures and screen doors serving the Unit, or other items of property which service a particular Unit or Units (to the exclusion of other Units), including, without limitation, any exterior storm shutters protecting doors or windows for a particular Unit, shall be the responsibility of the applicable Unit Owners, individually, and not the Association, without regard to whether such items are included within the boundaries of the Units. 8. Additions, Improvements or Alterations by the Association. Except only as provided below to the contrary, whenever in the judgment of the Board of Directors, the Common Elements, the Association Property, or any part of either, shall require capital additions, alterations or improvements (as distinguished from repairs and replacements) costing in excess of three percent (3 %) of the then applicable budget of the Association in the aggregate in any calendar year, the Association may proceed with such additions, alterations or improvements only if the making of such additions, alterations or improvements shall have been approved by an affirmative vote representing a majority of the voting interests represented at a meeting at which a quorum is attained. Any such Declaration -26- Application No. 140516 -7 Exhibit 5 Page 27 of 154 (Reserved for Clerk of Court) additions, alterations or improvements to such Common Elements, the Association Property, or any part of either, costing in the aggregate three percent (3 %) of the then applicable budget of the Association or less in a calendar year may be made by the Association without approval of the Unit Owners. The cost and expense of any such additions, alterations or improvements to such Common Elements or Association Property shall constitute a part of the Common Expenses and shall be assessed to the Unit Owners as Common Expenses. For purposes of this Section, "aggregate in any calendar year" shall include the total debt incurred in that year, if such debt is incurred to perform the above - stated purposes, regardless of whether the repayment of any part of that debt is required to be made beyond that year. Notwithstanding anything herein contained to the contrary, to the extent that any additions, alterations or improvements are necessitated by, or result from, an Extraordinary Financial Event, then such additions, alterations or improvements may be made upon decision of the Board alone (without requiring any vote by Unit Owners and without regard to whether the additions, alterations or improvements will exceed the threshold amount set forth above. 9. Additions, Alterations or Improvements by Unit Owners. 9.1 Consent of the Board of Directors. No Unit Owner shall make any addition, alteration or improvement in or to the Common Elements, the Association Property, any structural addition, alteration or improvement in or to his or her Unit the Common Elements or any Limited Common Element or any change to his or her Unit which is visible from any other Unit, the Common Elements and/or the Association Property, without, in each instance, the prior written consent of the Board of Directors of the Association. Without limiting the generality of this Subsection 9.1, no Unit Owner shall cause or allow improvements or changes to his or her Unit, or to any Limited Common Elements, Common Elements or any property of the Condominium Association which does or could in any way affect, directly or indirectly, the structural, electrical, plumbing, Life Safety Systems, or mechanical systems, or any landscaping or drainage, of any portion of the Condominium Property without first obtaining the written consent of the Board of the Association. The Board shall have the obligation to answer, in writing, any written request by a Unit Owner for approval of such an addition, alteration or improvement within thirty (30) days after such request and all additional information requested is received, and the failure to do so within the stipulated time shall constitute the Board's consent. The Board may condition the approval in any manner, including, Declaration -27- Application No. 140516 -7 Exhibit 5 Page 28 of 154 (Reserved for Clerk of Court) without limitation, retaining approval rights of the contractor, or others, to perform the work, imposing conduct standards on all such workers, establishing permitted work hours and requiring the Unit Owner to obtain insurance naming the Declarant and the Association as additional named insureds. The proposed additions, alterations and improvements by the Unit Owners shall be made in compliance with all laws, rules, ordinances and regulations of all governmental authorities having jurisdiction, and with any conditions imposed by the Association with respect to design, structural integrity, aesthetic appeal, construction details, lien protection or otherwise. Once approved by the Board of Directors, such approval may not be revoked. A Unit Owner making or causing to be made any such additions, alterations or improvements agrees, and shall be deemed to have agreed, for such Unit Owner, and such Unit Owner's heirs, personal representatives, successors and assigns, as appropriate, to hold the Association, the Declarant and all other Unit Owners harmless from and to indemnify them against any liability or damage to the Condominium and /or Association Property and expenses arising therefrom, and shall be solely responsible for the maintenance, repair and insurance thereof from and after that date of installation or construction thereof as may be required by the Association. The Association's rights of review and approval of plans and other submissions under this Declaration are intended solely for the benefit of the Association. Neither the Declarant, the Association nor any of its officers, directors, employees, agents, contractors, consultants or attorneys shall be liable to any Owner or any other person by reason of mistake in judgment, failure to point out or correct deficiencies in any plans or other submissions, negligence, or any other misfeasance, malfeasance or non - feasance arising out of or in connection with the approval or disapproval of any plans or submissions. Anyone submitting plans hereunder, by the submission of same, and any Owner, by acquiring title to same, agrees not to seek damages from the Declarant and/or the Association arising out of the Association's review of any plans hereunder. Without limiting the generality of the foregoing, the Association shall not be responsible for reviewing, nor shall its review of any plans be deemed approval of, any plans from the standpoint of structural safety, soundness, workmanship, materials, usefulness, conformity with building or other codes or industry standards, or compliance with governmental requirements. Further, each Owner (including the successors and assigns) agrees to indemnify and hold the Declarant and the Association harmless from and against any and all costs, claims (whether Declaration -28- Application No. 140516 -7 Exhibit 5 Page 29 of 154 (Reserved for Clerk of Court) rightfully or wrongfully asserted), damages, expenses or liabilities whatsoever (including, without limitation, reasonable attorneys' fees and court costs at all trial and appellate levels), arising out of any review of plans by the Association hereunder. 9.2 Life Safety Systems. No Unit Owner shall make any additions, alterations or improvements to the Life Safety Systems, and/or to any other portion of the Condominium Property which may impair the Life Safety Systems or access to the Life Safety Systems, without first receiving the prior written approval of the Board. In that regard, no lock, chain or other device or combination thereof shall be installed or maintained at any time on or in connection with any door on which panic hardware or fire exit hardware is required. Stairwell identification and emergency signage shall not be altered or removed by any Unit Owner whatsoever. No barrier including, but not limited to personalty, shall impede the free movement of ingress and egress to and from all emergency ingress and egress passageways. 9.3 Improvements, Additions or Alterations by Declarant. Anything to the contrary notwithstanding, the foregoing restrictions of this Section 9 shall not apply to Declarant -owned Units. The Declarant shall have the additional right, without the consent or approval of the Association, the Board of Directors or other Unit Owners, to make alterations, additions or improvements, structural and non- structural, interior and exterior, ordinary and extraordinary, in, to and upon any Unit owned by it or them and Limited Common Elements appurtenant thereto (including, without limitation, the removal of walls, windows, doors, sliding glass doors, floors, ceilings and other structural portions of the Improvements and /or the installation of divider walls and/or signs). Further, Declarant reserves the right, without the consent or approval of the Board of Directors or other Unit Owners, to expand, alter or add to all or any part of the recreational facilities. Any amendment to this Declaration required by a change made by the Declarant pursuant to this Section 9.3 shall be adopted in accordance with Section 6 and Section 10 of this Declaration. 10. Changes in Declarant -Owned Units. Without limiting the generality of the provisions of Subsection 9.3 above, and anything to the contrary notwithstanding, the Declarant shall have the right, without the vote or consent of the Association or Unit Owners, to (i) make alterations, additions or improvements in, to and upon Units owned by the Declarant, whether structural or non - structural, interior or exterior, ordinary or extraordinary; (ii) Declaration -29- Application No. 140516 -7 Exhibit 5 Page 30 of 154 (Reserved for Clerk of Court) change the layout or number of rooms in any Declarant -owned Units; (iii) change the size of Declarant -owned Units by combining separate Declarant -owned Units into a single Unit (keeping as either, in the sole discretion of the Declarant, as two separate legal Units or as one legal Unit), or otherwise; and (iv) reapportion among the Declarant -owned Units affected by such change in size pursuant to the preceding clause, their appurtenant interests in the Common Elements and share of the Common Surplus and Common Expenses; provided, however, that the percentage interest in the Common Elements and share of the Common Surplus and Common Expenses of any Units (other than the affected Declarant -owned Units) shall not be changed by reason thereof unless the Owners of such Units shall consent thereto and, provided further, that Declarant shall comply with all laws, ordinances and regulations of all governmental authorities having jurisdiction in so doing. In making the above alterations, additions and improvements, the Declarant may relocate and alter Common Elements adjacent to or near such Units, incorporate portions of the Common Elements into adjacent Units and incorporate Units, or portions thereof, into adjacent Common Elements, provided that such relocation and alteration does not materially adversely affect the market value or ordinary use of Units owned by Unit Owners other than the Declarant. Any amendments to this Declaration required by changes of the Declarant made pursuant to this Section 10, shall be effected by the Declarant alone pursuant to Subsection 6.5, without the vote or consent of the Association or Unit Owners (or their mortgagees) required, except to the extent that any of same constitutes a Material Amendment, in which event, the amendment must be approved as set forth in Subsection 6.2 above. Without limiting the generality of Subsection 6.5 hereof, the provisions of this Section may not be added to, amended or deleted without the prior written consent of the Declarant. 11. Operation of the Condominium by the Association; Powers and Duties. 11.1 Powers and Duties. The Association shall be the entity responsible for the operation of the Condominium and the Association Property. The powers and duties of the Association shall include those set forth in the Articles of Incorporation and By -Laws of the Association (respectively, Exhibits "11.1.1" and "11.1.2" annexed hereto), as amended from time to time. The qualifications for serving as a Director shall be as set forth in the By -Laws and Articles of Incorporation. The affairs of the Association shall be governed by a Board, consisting of at least three (3) but not more than five (5) directors. The initial Board shall consist of three (3) directors. In addition, the Association shall have all the powers and Declaration -30 Application No. 140516 -7 Exhibit 5 Page 31 of 154 (Reserved for Clerk of Court duties set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including, without limitation: (a) The irrevocable right to have access to each Unit and any Limited Common Elements appurtenant thereto from time to time during reasonable hours as may be necessary for pest control or other purposes and for the maintenance, repair or replacement of any Common Elements or any portion of a Unit, if any, to be maintained by the Association, or at any time and by force, if necessary, to prevent damage to the Common Elements, the Association Property or to a Unit or Units, including, without limitation, (but without obligation or duty) to install and/or close exterior storm shutters in the event of the issuance of a storm watch or storm warning and/or to maintain, repair, replace and/or operate Life Safety Systems. Unless the Association expressly assumes the obligation to install and/or close exterior storm shutters in the event of the issuance of a storm watch or storm warning, the obligation to put shutters on, and then remove shutters, intended to protect individual Units shall be the sole obligation of the Unit Owner. (b) The power to make and collect Assessments and other Charges against Unit Owners and to lease, maintain, repair and replace the Common Elements and Association Property. (c) The duty to maintain accounting records according to good accounting practices, which shall be open to inspection by Unit Owners or their authorized representatives at reasonable times upon prior written request. (d) The Association shall assume all of Declarant's and/or its affiliates' responsibilities: (i) under the Easement Agreements and/or (ii) to the County, and its governmental and quasi - governmental subdivisions and similar entities of any kind with respect to the Condominium Property (including, without limitation, any and all obligations imposed by any permits or approvals issued by the County, as same may be amended, modified or interpreted from time to time) and, in either such instance, the Association shall indemnify and hold Declarant and its affiliates harmless with respect thereto in the event of the Association's failure to fulfill those responsibilities. Declaration -31- Application No. 140516 -7 Exhibit 5 Page 32 of 154 (Reserved for Clerk of Court) (e) The power to contract for the management and maintenance of the Condominium Property and to authorize a management agent (who may be an affiliate of the Declarant) to assist the Association in carrying out its powers and duties by performing such functions as reviewing and evaluating the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of Common Elements with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted in the Condominium documents and the Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (f) Subject to any limitations set forth from time to time in the By -Laws, the power to borrow money, execute promissory notes and other evidences of indebtedness and to give as security therefor mortgages and security interests in property owned by the Association, if any, provided that such actions are approved by a majority of the entire membership of the Board of Directors and a majority of the voting interests represented at a meeting at which a quorum has been attained, or by such greater percentage of the Board or Unit Owners as may be specified in the By -Laws with respect to certain borrowing. The foregoing restriction shall not apply if such indebtedness is entered into for the purpose of financing insurance premiums, which action may be undertaken solely by the Board of Directors, without requiring a vote of the Unit Owners. (g) The power to adopt and amend rules and regulations concerning the details of the operation and use of the Common Elements and Association Property. (h) The power to acquire, convey, lease and encumber real and personal property. Personal property shall be acquired, conveyed, leased or encumbered upon a majority vote of the Board of Directors, subject to Section 8 hereof. Real property (including, without limitation, any of the Units) shall be acquired, conveyed, leased or encumbered upon a majority vote of the Board of Directors alone; provided that the requirements of Section 8 pertaining to the Unit Owners' approval of costs in excess of the threshold amount stated therein (including the proviso regarding the debt Declaration -32- Application No. 140516 -7 Exhibit 5 Page 33 of 154 (Reserved for Clerk of Court) incurred) shall also apply to the acquisition of real property; provided, further, however, that the acquisition of any Unit as a result of a foreclosure of the lien for Assessments (or by deed in lieu of foreclosure) shall be made upon the majority vote of the Board, regardless of the price for same and the Association, through its Board, has the power to hold, lease, mortgage or convey the acquired Unit(s) without requiring the consent of Unit Owners. The expenses of ownership (including the expense of making and carrying any mortgage related to such ownership), rental, membership fees, taxes, Assessments, operation, replacements and other expenses and undertakings in connection therewith shall be Common Expenses. (i) The obligation to (i) operate and maintain the Surface Water Management System in accordance with the permit issued by the District, (ii) carry out, maintain, and monitor any required wetland mitigation tasks, if any, and (iii) maintain copies of all permitting actions with regard to the District. (1) The duties and obligations imposed upon Declarant and/or binding upon the Condominium Property pursuant to the Utilities Easement Agreement (all of which are expressly assumed by the Association by its joinder in this Declaration). (k) The power to execute all documents or consents, on behalf of all Unit Owners (and their mortgagees), required by all governmental and/or quasi - governmental agencies in connection with land use and development matters (including, without limitation, plats, waivers of plat, unities of title, covenants in lieu thereof, etc.), and in that regard, each Owner, by acceptance of the deed to such Owner's Unit, and each mortgagee of a Unit by acceptance of a lien on said Unit, appoints and designates the President of the Association, as such Owner's agent and attorney -in -fact to execute any and all such documents or consents. (1) All of the powers which a corporation not for profit in the State of Florida may exercise pursuant to this Declaration, the Articles of Incorporation, the Bylaws, Chapters 607 and 617, Florida Statutes and the Act, in all cases except as expressly limited or restricted in the Act. Declaration -33- Application No. 140516 -7 Exhibit 5 Page 34 of 154 (Reserved for Clerk of Court) (m) Those certain emergency powers granted pursuant to Section 718.1265, Florida Statutes. In the event of conflict among the powers and duties of the Association or the terms and provisions of this Declaration and the exhibits attached hereto, this Declaration shall take precedence over the Articles of Incorporation, By -Laws and applicable rules and regulations; the Articles of Incorporation shall take precedence over the By -Laws and applicable rules and regulations; and the By- Laws shall take precedence over applicable rules and regulations, all as amended from time to time. Notwithstanding anything in this Declaration or its exhibits to the contrary, the Association shall at all times be the entity having ultimate control over the Condominium, consistent with the Act. 11.2 Limitation Upon Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the Condominium Property, the Association shall not be liable to Unit Owners for injury or damage, other than for the cost of maintenance and repair, caused by any latent condition of the Condominium Property. Further, the Association shall not be liable for any such injury or damage caused by defects in design or workmanship or any other reason connected with any additions, alterations or improvements or other activities done by or on behalf of any Unit Owners regardless of whether or not same shall have been approved by the Association pursuant to Section 9 hereof. The Association also shall not be liable to any Unit Owner or lessee or to any other person or entity for any property damage, personal injury, death or other liability on the grounds that the Association did not obtain or maintain insurance (or carried insurance with any particular deductible amount) for any particular matter where: (i) such insurance is not required hereby; or (ii) the Association could not obtain such insurance at reasonable costs or upon reasonable terms. Notwithstanding the foregoing, nothing contained herein shall relieve the Association of its duty of ordinary care, as established by the Act, in carrying out the powers and duties set forth herein, nor deprive Unit Owners of their right to sue the Association if it negligently or willfully causes damage to the Unit Owner's property during the performance of its duties hereunder. The limitations upon liability of the Association described in this Subsection 11.2 are subject to the provisions of Section 718.111(3) F.S. Declaration -34 Application No. 140516 -7 Exhibit 5 Page 35 of 154 (Reserved for Clerk of Court) 11.3 Restraint Upon Assignment of Shares in Assets. The share of a Unit Owner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. 11.4 Approval or Disapproval of Matters. Whenever the decision of a Unit Owner is required upon any matter, whether or not the subject of an Association meeting, that decision shall be expressed by the same person who would cast the vote for that Unit if at an Association meeting, unless the joinder of all record Owners of the Unit is specifically required by this Declaration or by law. 11.5 Acts of the Association. Unless the approval or action of Unit Owners, and/or a certain specific percentage of the Board of Directors of the Association, is specifically required in this Declaration, the Articles of Incorporation or By -Laws of the Association, applicable rules and regulations or applicable law, all approvals or actions required or permitted to be given or taken by the Association shall be given or taken by the Board of Directors, without the consent of Unit Owners, and the Board may so approve and act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken hereunder or thereunder, such action or approval may be conditioned in any manner the Association deems appropriate or the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness of such conditions or refusal. 11.6 Effect on Declarant. So long as Declarant holds a Unit for sale in the ordinary course of business, none of the following actions may be taken by the Association (subsequent to control thereof being assumed by Unit Owners other than the Declarant) without the prior written approval of the Declarant: (a) Assessment of the Declarant as a Unit Owner for capital improvements; or (b) Any action by the Association that would be detrimental to the sales of Units by the Declarant or the assignment of Limited Common Elements by the Declarant for consideration; provided, however, that an increase in Assessments for Common Expenses without discrimination against the Declarant shall not be deemed to be detrimental to the sales of Units. 12. Determination of Common Expenses and Fixing of Assessments Therefor. The Board of Directors shall from time to time, and at least annually, prepare a budget of estimated Declaration -35- Application No. 140516 -7 Exhibit 5 Page 36 of 154 (Reserved for Clerk of Court) revenues and expenses for the Condominium and the Association, determine the amount of Assessments payable by the Unit Owners to meet the Common Expenses of the Condominium and allocate and assess such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By -Laws. Notwithstanding anything herein contained to the contrary, the cost for the services under a bulk rate contract for Communications Services may be allocated on a per -Unit basis rather than a percentage basis, if so determined by the Board (provided, however, that the Board shall not change the method of allocation of costs relating to bulk Communications Services more frequently than annually. The Board of Directors shall advise all Unit Owners promptly in writing of the amount of the Assessments payable by each of them as determined by the Board of Directors as aforesaid and shall furnish copies of the budget, on which such Assessments are based, to all Unit Owners and (if requested in writing) to their respective mortgagees. The Common Expenses shall include the expenses of and reserves for (if required by, and not waived in accordance with, applicable law) the operation, maintenance, repair and replacement of the Common Elements and Association Property, costs of carrying out the powers and duties of the Association and any other expenses designated as Common Expenses by the Act, this Declaration, the Articles or By -Laws of the Association, applicable rules and regulations or by the Association. Incidental income to the Association, if any, may be used to pay regular or extraordinary Association expenses and liabilities, to fund reserve accounts, or otherwise as the Board shall determine from time to time, and need not be restricted or accumulated. Any Budget adopted shall be subject to change to cover actual expenses at any time. Any such change shall be adopted consistent with the provisions of this Declaration and the By -Laws. 13. Collection of Assessments. 13.1 Liability for Assessments. A Unit Owner, regardless of how title is acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure shall be liable for all Assessments coming due while he or she is the Unit Owner. Additionally, a Unit Owner shall be jointly and severally liable with the previous Owner for all unpaid Assessments that came due up to the time of the conveyance, without prejudice to any right the Owner may have to recover from the previous Owner the amounts paid by the grantee Owner. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Elements or by the abandonment of the Unit for which the Assessments are made or otherwise. Declaration -36- Application No. 140516 -7 Exhibit 5 Page 37 of 154 (Reserved for Clerk of Court 13.2 Special and Capital Improvement Assessments. In addition to Assessments levied by the Association to meet the Common Expenses of the Condominium and the Association, the Board of Directors may levy "Special Assessments" and "Capital Improvement Assessments" upon the following terms and conditions: (a) "Special Assessments" shall mean and refer to an Assessment against each Owner and his Unit, representing a portion of the costs incurred by the Association for specific purposes of a nonrecurring nature which are not in the nature of capital improvements, or for any other purpose where funds are not available from the regular periodic assessments. (b) "Capital Improvement Assessments" shall mean and refer to an Assessment against each Owner and his or her Unit, representing a portion of the costs incurred by the Association for the acquisition, installation, construction or replacement (as distinguished from repairs and maintenance) of any capital improvements located or to be located within the Common Elements or Association Property. Special Assessments and Capital Improvement Assessments may be levied by the Board and shall be payable in lump sums or installments, in the discretion of the Board; provided that, if such Special Assessments or Capital Improvement Assessments, in the aggregate in any year, exceed five percent (5 %) of the then estimated operating budget of the Association, the Board must obtain approval of a majority of the voting interests represented at a meeting at which a quorum is attained. Notwithstanding anything to the contrary, any special assessment resulting from an Extraordinary Financial Event may be adopted by the Board alone without requiring the vote or approval of Unit Owners and regardless of the amount. 13.3 Default in Payment of Assessments for Common Expenses. Assessments and installments thereof not paid within ten (10) days from the date when they are due shall bear interest at the highest lawful rate per annum from the date due until paid and shall be subject to an administrative late fee in an amount not to exceed the greater of $25.00 or five percent (5 %) of each delinquent installment. The Association has a lien on each Condominium Parcel to secure the payment of Assessments. Except as set forth below, the lien is effective from, and shall relate back to, the date of the recording of this Declaration. However, as to a first mortgage of record, the lien is effective from and after the date of the recording of Declaration -37- Application No. 140516 -7 Exhibit 5 Page 38 of 154 f (Reserved for Clerk of Court) a claim of lien in the Public Records of the County, stating the description of the Condominium Parcel, the name of the record Owner and the name and address of the Association. The lien shall be evidenced by the recording of a claim of lien in the Public Records of the County. To be valid, the claim of lien must state the description of the Condominium Parcel, the name of the record Owner, the name and address of the Association, the amount due and the due dates, and the claim of lien must be executed and acknowledged by an officer or authorized officer of the Association. The claim of lien shall not be released until all sums secured by it (or such other amount as to which the Association shall agree by way of settlement) have been fully paid or until it is barred by law. The lien is not effective longer than one (1) year after the claim of lien has been recorded unless, within that one (1) year period, an action to enforce the lien is commenced. The one (1) year period is extended for any length of time during which the Association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the Owner or any other person claiming an interest in the Unit. The claim of lien secures (whether or not stated therein) all unpaid Assessments, that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest and all reasonable costs and attorneys' fees incurred by the Association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien in recordable form. The Association may bring an action in its name to foreclose a lien for unpaid Assessments in the manner a mortgage of real property is foreclosed and may also bring an action at law to recover a money judgment for the unpaid Assessments without waiving any claim of lien. The Association is entitled to recover its reasonable attorneys' fees incurred either in a lien foreclosure action or an action to recover a money judgment for unpaid Assessments. As an additional right and remedy of the Association, upon default in the payment of Assessments as aforesaid and after thirty (30) days' prior written notice to the applicable Unit Owner and the recording of a claim of lien, the Association may accelerate and declare immediately due and payable all installments of Assessments for the remainder of the fiscal year. In the event that the amount of such installments changes during the remainder of the fiscal year, the Unit Owner or the Association, as appropriate, shall be obligated to pay or reimburse to the other the amount of increase or decrease within ten (10) days of same taking effect. Declaration -38 Application No. 140516 -7 Exhibit 5 Page 39 of 154 (Reserved for Clerk of Court) If a Unit Owner is delinquent for more than ninety (90) days in paying a monetary obligation due to the Association , the Association may suspend the right of a Unit Owner or a Unit's occupant, licensee, or invitee to use Common Elements, common facilities, or any other Association Property until the monetary obligation is paid. This section does not apply to Limited common Elements intended to be used only by that Unit, Common Elements that must be used to access the Unit, utility services provided to the Unit, parking spaces or elevators. If the Unit is occupied by a tenant and the Unit Owner is delinquent in paying any monetary obligation due to the Association, the Association may make a written demand that the tenant pay the future monetary obligations related to the Unit to the Association, and the tenant must make such payment. The demand is continuing in nature and, upon demand, the tenant must pay the monetary obligations to the Association until the Association releases the tenant or the tenant discontinues tenancy in the unit. The Association must mail written notice to the Unit Owner of the Association's demand that the tenant make payments to the Association. The Association shall, upon request, provide the tenant with written receipts for payments made. A tenant who acts in good faith in response to a written demand from an Association is immune from any claim from the Unit Owner. If the tenant prepaid rent to the Unit Owner before receiving the demand from the Association and provides written evidence of paying the rent to the Association within 14 days after receiving the demand, the tenant shall receive credit for the prepaid rent for the applicable period and must make any subsequent rental payments to the Association to be credited against the monetary obligations of the Unit Owner to the Association. The tenant is not liable for increases in the amount of the monetary obligations due unless the tenant was notified in writing of the increase at least 10 days before the date the rent is due. The liability of the tenant may not exceed the amount due from the tenant to the tenant's landlord. The tenant's landlord shall provide the tenant a credit against rents due to the Unit Owner in the amount of monies paid to the Association under this section. The Association may issue notices under Section 83.56, F.S. and may sue for eviction under SS. 83.59- 83.625, F.S. as if the Association were a landlord under part II of Chapter 83 of the Florida Statutes if the tenant fails to pay a required payment to the Association. However, the Association is not otherwise considered a landlord under Chapter 83, F.S. and specifically has no duties under S. 83.51, F.S. The tenant does not, by virtue of payment of monetary obligations to the Association, have any of the rights of a Unit Owner to vote in any election or to examine the books and records of the Association. Declaration - 39 - Application No. 140516 -7 Exhibit 5 Page 40 of 154 (Reserved for Clerk of Court) 13.4 Notice of Intention to Foreclose Lien. No foreclosure judgment may be entered until at least thirty (30) days after the Association gives written notice to the Unit Owner of its intention to foreclose its lien to collect the unpaid Assessments. If this notice is not given at least thirty (30) days before the foreclosure action is filed, and if the unpaid Assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the Association shall not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the Unit Owner or by certified or registered mail, return receipt requested, addressed to the Unit Owner at the last known address, and upon such mailing, the notice shall be deemed to have been given. If after diligent search and inquiry the Association cannot find the Unit Owner or a mailing address at which the Unit Owner will receive the notice, the court may proceed with the foreclosure action and may award attorney's fees and costs as permitted by law. The notice requirements of this Subsection are satisfied if the Unit Owner records a Notice of Contest of Lien as provided in the Act. 13.5 Appointment of Receiver to Collect Rental. If the Unit Owner remains in possession of the Unit after a foreclosure judgment has been entered, the court in its discretion may require the Unit Owner to pay a reasonable rental for the Unit. If the Unit is rented or leased during the pendency of the foreclosure action, the Association is entitled to the appointment of a receiver to collect the rent. The expenses of such receiver shall be paid by the party which does not prevail in the foreclosure action. 13.6 First Mortgagee. The liability of the holder of a first mortgage on a Unit (each, a "First Mortgagee "), or its successors or assigns, who acquires title to a Unit by foreclosure or by deed in lieu of foreclosure for the unpaid Assessments (or installments thereof) that became due before the First Mortgagee's acquisition of title is limited to the lesser of: (a) The Unit's unpaid Common Expenses and regular periodic Assessments which accrued or came due during the twelve (12) months immediately preceding the acquisition of title and for which payment in full has not been received by the Association; or (b) One percent (1 %) of the original mortgage debt. Declaration - 40 - Application No. 140516 -7 Exhibit 5 Page 41 of 154 (Reserved for Clerk of Court) As to a Unit acquired by foreclosure, the limitations set forth in clauses (a) and (b) above shall not apply unless the First Mortgagee joined the Association as a defendant in the foreclosure action. Joinder of the Association, however, is not required if, on the date the complaint is filed, the Association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. A First Mortgagee acquiring title to a Unit as a result of foreclosure or deed in lieu thereof may not, during the period of its ownership of such Unit, whether or not such Unit is unoccupied, be excused from the payment of some or all of the Common Expenses coming due during the period of such ownership. 13.7 Declarant's Liability for Assessments. Notwithstanding anything contained in this Declaration, the Articles or the By -Laws to the contrary, at the time of the recording of this Declaration, Declarant has the option (to be exercised by Declarant in its sole and absolute discretion) to determine whether the provisions of this Section 13.7 shall be applicable by checking the appropriate box in Section 25 below. If Declarant selects the box which indicates that the provisions of this Section shall not be applicable, then, like every other Unit Owner, Declarant shall be obligated for the payment of Assessments on the Units owned by Declarant at the applicable time. If Declarant selects the box which indicates that the provisions of this Section shall be applicable, then, the following provisions shall be applicable: During the period from the date of the recording of this Declaration until the earlier of the following dates (the "Guarantee Expiration Date "): (a) the last day of the sixth (6 full calendar month following the recording of this Declaration, or (b) the date that the Association sends the initial notice calling the meeting the Association's members at which majority control of the Board is to be transferred to Unit Owners other than the Declarant as provided in the By -Laws and the Act, the Declarant shall not be obligated to pay the share of Common Expenses and Assessments attributable to the Units owned by the Declarant, provided: (i) that the regular Assessments for Common Expenses imposed on each Unit Owner other than the Declarant prior to the Guarantee Expiration Date shall not increase during such period over the amounts set forth on Exhibit "13.7" attached hereto; and (ii) that the Declarant shall be obligated to pay any amount of Common Expenses actually incurred during such period and not produced by the Assessments at the guaranteed levels receivable from other Unit Owners. After Declaration -41 - Application No. 140516 -7 Exhibit 5 Page 42 of 154 (Reserved for Clerk of Court) the Guarantee Expiration Date, the Declarant shall have the option, in its sole discretion, of extending the guarantee for any number of additional one (1) month periods, or paying the share of Common Expenses and Assessments attributable to Units it then owns. Notwithstanding the above and as provided in Section 718.116(9)(a)(2) of the Act, in the event of an Extraordinary Financial Event (as hereinafter defined), the costs necessary to effect restoration shall be assessed against all Unit Owners owning units on the date of such Extraordinary Financial Event, and their successors and assigns, including the Declarant (with respect to Units owned by the Declarant). As used in this Section, an "Extraordinary Financial Event" shall mean Common Expenses incurred prior to the Guarantee Expiration Date (as same may be extended) resulting from a natural disaster or Act of God, which is not covered by insurance proceeds from the insurance maintained by the Association as required by Section 718.111(11)(a) of the Act. 13.8 Estoppel Statement. Within fifteen (15) days after receiving a written request therefor from a purchaser, Unit Owner or mortgagee of a Unit, the Association shall provide a certificate, signed by an officer or agent of the Association, stating all Assessments and other moneys owed to the Association by the Unit Owner with respect to his or her Unit. Any person other than the Unit Owner who relies upon such certificate shall be protected thereby. The Association or its authorized agent may charge a reasonable fee for the preparation of such certificate. 13.9 Installments. Regular Assessments shall be collected quarterly, in advance, at the option of the Association. Initially, assessments will be collected quarterly, and be due on the first day of each calendar quarter. 13.10 Application of Payments. Any payments received by the Association from a delinquent Unit Owner must be applied first to any interest accrued on the delinquent installment(s) as aforesaid, then to any administrative late fees, then to any costs and reasonable attorneys' fees incurred in collection and then to the delinquent and any accelerated Assessments. The foregoing is applicable notwithstanding any restrictive endorsement, designation or instruction placed on or accompanying a payment. Condominium Property and the Association Property 'n the Condo 14. Insurance. Insurance covering p y P shall be governed by the following provisions: 14.1 Purchase, Custody and Payment. Declaration -42- Application No. 140516 -7 Exhibit 5 Page 43 of 154 (Reserved for Clerk of Court) (a) Purchase. Except as otherwise provided herein or required by the Act, all insurance policies described herein covering portions of the Condominium and Association Property shall be purchased by the Association and shall be issued either by an insurance company authorized to do business in Florida, or by a surplus lines carrier, reasonably acceptable to the Board, offering policies for Florida properties. (b) Approval. Each insurance policy, the agency and company issuing the policy and the Insurance Trustee (if appointed) hereinafter described shall be subject to the approval of the Primary Institutional First Mortgagee in the first instance, if requested thereby. (c) Named Insured. The named insured shall be the Association, individually, and as agent for Owners of Units covered by the policy, without naming them, and as agent for their mortgagees, without naming them. The Unit Owners and their mortgagees shall be deemed additional named insureds. (d) Custody of Policies and Payment of Proceeds. All policies shall provide that payments for losses made by the insurer shall be paid to the Association or to the Insurance Trustee (if appointed), and all policies and endorsements thereto shall be deposited with the Association or the Insurance Trustee (if appointed). (e) Copies to Mortgagees. One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Institutional First Mortgagee who holds a mortgage upon a Unit covered by the policy. Copies or certificates shall be furnished not less than ten (10) days prior to the beginning of the term of the policy, or not less than ten (10) days prior to the expiration of each preceding policy that is being renewed or replaced, as appropriate. (f) Personal Property and Liability. Except as specifically provided herein or by the Act, the Association shall not be responsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Unit, including, but not limited to, their personal property, and for their personal liability, moving and relocation expenses, lost rent expenses and living expenses and for any other risks not otherwise insured in accordance herewith. To the extent that a Unit Owner or other occupant Declaration - 43 - Application No. 140516 -7 Exhibit 5 Page 44 of 154 (Reserved for Clerk of Court) of a Unit desires coverage for such excluded items, it shall be the sole responsibility of the Unit Owner and /or occupant to obtain, although every such policy obtained must comply with the provisions of Section 627.714, Florida Statutes (as it exists on the date of recordation of this Declaration). 14.2 Coverage. The Association shall use its best efforts to obtain and maintain insurance covering the following: (a) Property. The Insured Property (as hereinafter defined) shall be insured in an amount not less than the replacement cost thereof as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months. The policy shall provide primary coverage for the following (the "Insured Property"): (i) all portions of the Condominium Property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications, and (ii) all alterations or additions made to the Condominium Property or Association Property pursuant to Section 718.113(2), Florida Statutes. Notwithstanding the foregoing, the Insured Property shall not include, and shall specifically exclude, all personal property within the Unit or Limited Common Elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, HVAC unit, built -in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the Unit and serve only such Unit. Such property and any insurance thereupon is the responsibility of the Unit Owner. Such policies may contain reasonable deductible provisions as determined by the Board of Directors of the Association. When available at reasonable premiums (in the determination of the Board), extended coverages may also be obtained, including, without limitation, coverages against loss or damage by fire and other hazards covered by an "all- risks" endorsement or policy, and such other risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief. (b) Liability. Comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences Declaration -44 Application No. 140516 -7 Exhibit 5 Page 45 of 154 Reserved for Clerk of Court on or about or in connection with the Insured Property or adjoining driveways and walkways, subject to this Declaration, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors of the Association, but with combined single limit liability of not less than $1,000,000 for each accident or occurrence, $100,000 per person and $50,000 property damage, and with a cross liability endorsement to cover liabilities of the Unit Owners as a group to any Unit Owner, and vice versa. The Association may also obtain and maintain liability insurance for its directors and officers and for the benefit of the Association's employees, in such amounts and under such terms and conditions as the Association deems appropriate in its sole and absolute discretion. (c) Worker's Compensation and other mandatory insurance, when applicable. (d) Flood Insurance covering the Common Elements, Association Property and Units, but only if required by the Declarant's Mortgagee, the Primary Institutional First Mortgagee, or if the Board so elects. (e) Errors and Omissions. The Association shall obtain and maintain adequate liability, errors and omission coverage on behalf of each of the officers and directors of the Association. (f) Fidelity Insurance or Fidelity Bonds. The Association, or the management company on behalf of the Association, shall obtain and maintain adequate insurance or fidelity bonding of all persons who control or disburse Association funds, which shall include, without limitation, those individuals authorized to sign Association checks and the president, secretary and treasurer of the Association. The insurance policy or fidelity bond shall be in such amount as shall be determined by a majority of the Board, but must be sufficient to cover the maximum funds that will be in the custody of the Association or its management agent at any one time. The premiums on such bonds and/or insurance shall be paid by the Association as a Common Expense. (g) Association Property. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage Declaration -45- Application No. 140516 -7 Exhibit 5 Page 46 of 154 (Reserved for Clerk of Court) described above to all Association Property, where such coverage is available. (h) Such Other Insurance as the Board of Directors of the Association shall determine from time to time to be desirable. When appropriate and obtainable (at a reasonable cost in the determination of the Board), each of the foregoing policies shall waive the insurer's right to: (i) subrogation against the Association and against the Unit Owners individually and as a group, (ii) pay only a fraction of any loss in the event of coinsurance or if other insurance carriers have issued coverage upon the same risk, and (iii) avoid liability for a loss that is caused by an act of the Board of Directors of the Association, a member of the Board of Directors of the Association, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will be recognized, that the insurance provided shall not be prejudiced by any act or omissions of individual Unit Owners that are not under the control of the Association, and that the policy shall be primary, even if a Unit Owner has other insurance that covers the same loss. Every property insurance policy obtained by the Association, if required to obtain FNMA/FHLMC approval of the Condominium (if such approval is sought), and if generally available, shall have the following endorsements: (a) agreed amount and inflation guard and (b) steam boiler coverage (providing at least $50,000 coverage for each accident at each location), if applicable. 14.3 Additional Provisions. All policies of insurance shall provide that such policies may not be canceled or substantially modified without at least thirty (30) days' prior written notice to all of the named insureds, including all mortgagees of Units. Prior to obtaining any policy of property insurance or any renewal thereof, but in no event later than every thirty-six (36) months, the Board of Directors shall obtain an independent insurance appraisal from a fire insurance company, or other competent appraiser, of the replacement cost of the Insured Property (exclusive of foundations), without deduction for depreciation, for the purpose of determining the amount of insurance to be effected pursuant to this Section. 14.4 Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the costs of fidelity Declaration -46- Application No. 140516 -7 Exhibit 5 Page 47 of 154 (Reserved for Clerk of Court) bonding for any management company employee may be paid by such company and reimbursed pursuant to its contract with the Association. Premiums may be financed in such manner as the Board of Directors deems appropriate (without regard for any limitations on borrowing contained in the Declaration, or any of its exhibits). Such policies may contain reasonable deductible provisions which shall be consistent with industry standards and prevailing practice for communities of similar size and age, and having similar construction and facilities in the locale where the Condominium Property is situated. The deductibles may be based upon available funds, including reserve accounts, or predetermined assessment authority at the time the insurance is obtained. The Board shall establish the amount of deductibles based upon the level of available funds and predetermined assessment authority at a meeting of the Board. Each Owner, by acceptance of a deed or other conveyance of a Unit, hereby ratifies and confirms any decisions made by the Association in this regard and recognizes and agrees that funds to cover the deductible must be provided from the general operating funds of the Association before the Association will be entitled to insurance proceeds. The Association may, but shall not be obligated to, establish a reserve to cover any applicable deductible. 14.5 Share of Proceeds. The Association is hereby irrevocably appointed as an agent and attorney -in -fact for each and every Unit Owner, for each Institutional First Mortgagee and /or each owner of any other interest in the Condominium Property to adjust and settle any and all claims arising under any insurance policy purchased by the Association and to execute and deliver releases upon the payment of claims, if any. Nothing herein shall preclude the Board from designating an Insurance Trustee to assume the obligations of the Association for disbursement of insurance proceeds. The decision to engage or appoint an Insurance Trustee, or not to do so, lies solely with the Board. All insurance policies obtained by or on behalf of the Association shall be for the benefit of the Association, the Unit Owners and their mortgagees, as their respective interests may appear, and shall provide that all proceeds covering property losses shall be paid to the Association. The duty of the Association shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Unit Owners and their respective mortgagees in the following shares: Declaration -47 Application No. 140516 -7 Exhibit 5 Page 48 of 154 (Reserved for Clerk of Court) (a) Insured Property. Proceeds on account of damage to the Insured Property shall be held in undivided shares for each Unit Owner, such shares being the same as the undivided shares in the Common Elements appurtenant to each Unit, provided that if the Insured Property so damaged includes property lying within the boundaries of specific Units, that portion of the proceeds allocable to such property shall be held as if that portion of the Insured Property were Optional Property as described in Subsection 14.5(b) below. (b) Optional Property. Proceeds on account of damage solely to Units and/or certain portions or all of the contents thereof not included in the Insured Property (all as determined by the Association in its sole discretion) (collectively the "Optional Property"), if any is collected by reason of optional insurance which the Association elects to carry thereon (as contemplated herein), shall be held for the benefit of Owners of Units or other portions of the Optional Property damaged in proportion to the cost of repairing the damage suffered by each such affected Owner, which cost and allocation shall be determined in the sole discretion of the Association. (c) Mortgagees. No mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds, except for actual distributions thereof made to the Unit Owner and mortgagee pursuant to the provisions of this Declaration. 14.6 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed to or for the benefit of the beneficial owners thereof in the following manner: (a) Expenses of the Trustee. All expenses of the Insurance Trustee (if any) shall be first paid or provision shall be made therefor. (b) Reconstruction or Repair. If the damaged property for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided herein. Any proceeds remaining after defraying such costs shall be distributed to the Declaration -48- Application No. 140516 -7 Exhibit 5 Page 49 of 154 (Reserved for Clerk of Court) beneficial owners thereof, remittances to Unit Owners and their mortgagees being payable jointly to them. (c) Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damaged property for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be allocated among the beneficial owners as provided in Subsection 14.5 above, and distributed first to all Institutional First Mortgagees in an amount sufficient to pay off their mortgages, and the balance, if any, to the beneficial owners. 14.7 Association as Agent. The Association is hereby irrevocably appointed as agent and attorney -in -fact for each Unit Owner and for each owner of a mortgage or other lien upon a Unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. 14.8 Unit Owners' Personal Coverage. Unless the Association elects otherwise, the insurance purchased by the Association shall not cover claims against an Owner due to accidents occurring within his Unit, nor casualty or theft loss to the contents of an Owner's Unit. It shall be the obligation of the individual Unit Owner, to the extent required under the Act, to purchase and pay for insurance as to all such and other risks not covered by insurance carried by the Association. 14.9 Benefit of Mortgagees. Certain provisions in this Section 14 are for the benefit of mortgagees of Units and may be enforced by such mortgagees. 14.10 Appointment of Insurance Trustee. The Board of Directors of the Association shall have the option in its discretion of appointing an Insurance Trustee hereunder. If the Association fails or elects not to appoint such Trustee, the Association pursuant to Subsection 14.5 above, will perform directly all obligations imposed upon such Trustee by this Declaration. Fees and expenses of any Insurance Trustee are Common Expenses. 14.11 Presumption as to Damaged Property. In the event of a dispute or lack of certainty as to whether damaged property constitutes a Unit(s) or Common Elements, such property shall be presumed to be Common Elements. Declaration -49- Application No. 140516 -7 Exhibit 5 Page 50 of 154 (Reserved for Clerk of Court) 15. Reconstruction or Repair After Fire or Other Casualty. 15.1 Determination to Reconstruct or Repair. Subject to the immediately following paragraphs, in the event of damage to or destruction of the Insured Property (and the Optional Property, if insurance has been obtained by the Association with respect thereto) as a result of fire or other casualty, the Board of Directors shall arrange for the prompt repair and restoration of the Insured Property (and the Optional Property, if insurance has been obtained by the Association with respect thereto) and the Association and /or Insurance Trustee (if appointed), as applicable, shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If 75% or more of the Insured Property (and the Optional Property, if insurance has been obtained by the Association with respect thereto) is substantially damaged or destroyed and if Unit Owners owning 80% of the applicable interests in the Common Elements duly and promptly resolve not to proceed with the repair or restoration thereof and a Majority of Institutional First Mortgagees approve such resolution, the Condominium Property will not be repaired and shall be subject to an action for partition instituted by the Association, any Unit Owner, mortgagee or lienor, as if the Condominium Property were owned in common, in which event the net proceeds of insurance resulting from such damage or destruction shall be divided among all the Unit Owners in proportion to their respective interests in the Common Elements (with respect to proceeds held for damage to the Insured Property other than that portion of the Insured Property lying within the boundaries of the Unit), and among affected Unit Owners in proportion to the damage suffered by each such affected Unit Owner, as determined in the sole discretion of the Association (with respect to proceeds held for damage to the Optional Property, if any, and /or that portion of the Insured Property lying within the boundaries of the Unit); provided, however, that no payment shall be made to a Unit Owner until there has first been paid off out of the Owner's share of such fund all mortgages and liens on his or her Unit in the order of priority of such mortgages and liens. Whenever in this Section the words "promptly repair" are used, it shall mean that repairs are to begin not more than sixty (60) days from the date the Association holds, or the Insurance Trustee (if appointed) notifies the Board of Directors and Unit Owners that it holds proceeds of insurance on account of such damage or destruction sufficient to pay the estimated cost of such work, or not more than Declaration -50- Application No. 140516 -7 Exhibit 5 Page 51 of 154 (Reserved for Clerk of Court) ninety (90) days after the Association determines that, or the Insurance Trustee (if appointed) notifies the Board of Directors and the Unit Owners that such proceeds of insurance are insufficient to pay the estimated costs of such work. The Insurance Trustee (if appointed) may rely upon a certificate of the Association made by its President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. 15.2 Plans and Specifications. Any reconstruction or repair must be made substantially in accordance with the plans and specifications for the original Improvements and then applicable building and other codes; or if not, then in accordance with the plans and specifications approved by the Board of Directors of the Association and then applicable building and other codes, and, if the damaged property which is to be altered is the Building or the Optional Property, by the Owners of not less than 80% of the applicable interests in the Common Elements, as well as the Owners of all Units and other portions of the Optional Property (and their respective mortgagees) the plans for which are to be altered. 15.3 Responsibility for Repair. Any portion of the Condominium Property that must be insured by the Association against property loss which is damaged shall be reconstructed, repaired, or replaced as necessary by the Association as a Common Expense. All property insurance deductibles, uninsured losses, and other damages in excess of property insurance coverage under the property insurance policies maintained by the Association are a Common Expense of the Condominium, except that: (a) A Unit Owner is responsible for the costs of repair or replacement of any portion of the Condominium Property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the Declaration or the Rules of the Association by a Unit Owner, the members of his or her family, Unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer. (b) The provisions of subparagraph 15.3(a) also apply to the costs of repair or replacement of personal property of other Unit Owners or the Association, as well as other property, whether real or personal, which the Unit Owners are required to insure. Declaration -51 Application No. 140516 -7 Exhibit 5 Page 52 of 154 (Reserved for Clerk of Court) (c) To the extent the cost of repair or reconstruction for which the Unit Owner is responsible under this Section is reimbursed to the Association by insurance proceeds, and the Association has collected the cost of such repair or reconstruction from the Unit Owner, the Association shall reimburse the Unit Owner without the waiver of any rights of subrogation. (d) The Association is not obligated to pay for reconstruction or repairs of property losses as a Common Expense if the property losses were known or should have been known to a Unit Owner and were not reported to the Association until after the insurance claim of the Association for that property was settled or resolved with finality, or denied because it was untimely filed. (e) A Unit Owner may undertake reconstruction work on portions of the Unit with the prior written consent of the Board, however, such work may be conditioned upon the approval of the repair methods, the qualifications of the proposed contractor, or the contract that is used for that purpose. A Unit Owner must obtain all required governmental permits and approvals before commencing reconstruction. Unit owners are responsible for the cost of reconstruction of any portions of the Condominium Property for which the Unit Owner is required to carry property insurance, and any such reconstruction work undertaken by the Association is chargeable to the unit owner and enforceable as an Assessment. 15.4 Special Responsibility. If the damage is only to those parts of the Optional Property for which the responsibility of maintenance and repair is that of the respective Unit Owners, then the Unit Owners shall be responsible for all necessary reconstruction and repair, which shall be effected promptly and in accordance with guidelines established by the Board of Directors (unless insurance proceeds are held by the Association with respect thereto by reason of the purchase of optional insurance thereon, in which case the Association shall have the responsibility to reconstruct and repair the damaged Optional Property, provided the respective Unit Owners shall be individually responsible for any amount by which the cost of such repair or reconstruction exceeds the insurance proceeds held for such repair or reconstruction on a Unit by Unit basis, as determined in the sole discretion of the Association). Declaration -52- Application No. 140516 -7 Exhibit 5 Page 53 of 154 (Reserved for Clerk of Court) Notwithstanding any other provision of this Declaration, prior to commencement of any repair or replacement of any portion of any Optional Property, the Unit owner shall submit for approval to the Association all plans, specifications, materials and drawings which shall be used and/or installed for approval by the Association. In addition, the Association shall approve, prior to the commencement of any work, the contractor performing the work. It is specifically agreed to by the acceptance of a Deed that no work shall be performed on any Limited Common Element without the prior express written authorization of the Association. (a) Disbursement. The proceeds of insurance collected on account of a casualty, and the sums collected from Unit Owners on account of such casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner and order: (i) Association - Lesser Damage. If the amount of the estimated costs of reconstruction and repair which are the responsibility of the Association is less than $500,000, then the construction fund shall be disbursed in payment of such costs upon the order of the Board of Directors of the Association; provided, however, that upon request by an Institutional First Mortgagee which is a beneficiary of an insurance policy, the proceeds of which are included in the construction fund, such fund shall be disbursed in the manner provided below for the reconstruction and repair of major damage. (ii) Association - Major Damage. If the amount of the estimated costs of reconstruction and repair which are the responsibility of the Association is more than $500,000, then the construction fund shall be disbursed in payment of such costs in the manner contemplated by Subsection 15.3(a)(i) above, but then only upon the further approval of an architect or engineer qualified to practice in Florida and employed by the Association to supervise the work. (111) Unit Owners. If there is a balance of insurance proceeds after payment of all costs of reconstruction and repair that are the responsibility of the Association, this balance may be used by the Association to effect repairs to the Optional Property (if not Declaration -53- Application No. 140516 -7 Exhibit 5 Page 54 of 154 (Reserved for Clerk of Court) insured or if under - insured), or may be distributed to Owners of the Optional Property who have the responsibility for reconstruction and repair thereof. The distribution shall be in the proportion that the estimated cost of reconstruction and repair of such damage to each affected Unit Owner bears to the total of such estimated costs to all affected Unit Owners, as determined by the Board; provided, however, that no Unit Owner shall be paid an amount in excess of the estimated costs of repair for his or her portion of the Optional Property. All proceeds must be used to effect repairs to the Optional Property, and if insufficient to complete such repairs, the Owners shall pay the deficit with respect to their portion of the Optional Property and promptly effect the repairs. Any balance remaining after such repairs have been effected shall be distributed to the affected Unit Owners and their mortgagees jointly as elsewhere herein contemplated. (iv) Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from insurance proceeds. If there is a balance in a construction fund after payment of all costs relating to the reconstruction and repair for which the fund is established, such balance shall be distributed to the beneficial owners of the fund in the manner elsewhere stated; except, however, that part of a distribution to an Owner which is not in excess of Assessments paid by such Owner into the construction fund shall not be made payable jointly to any mortgagee. 15.5 Assessments. If the proceeds of the insurance are not sufficient to defray the estimated costs of reconstruction and repair to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, Assessments shall be made against the Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such Assessments on account of damage to the Insured Property shall be in proportion to all of the Owners' respective shares in the Common Elements, and on account of damage to the Optional Property, the Association shall charge the Owner (but shall not levy Declaration - 54 - Application No. 140516 -7 Exhibit 5 Page 55 of 154 (Reserved for Clerk of Court) an Assessment) in proportion to the cost of repairing the damage suffered by each Owner thereof, as determined by the Association. 15.6 Benefit of Mortgagees. Certain provisions in this Section 15 are for the benefit of mortgagees of Units and may be enforced by any of them. 16. Condemnation. 16.1 Deposit of Awards with Insurance Trustee. The taking of portions of the Condominium Property or Association Property by the exercise of the power of eminent domain shall be deemed to be a casualty, and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Insurance Trustee. Even though the awards may be payable to Unit Owners, the Unit Owners shall deposit the awards with the Insurance Trustee; and in the event of failure to do so, in the discretion of the Board of Directors of the Association, a Charge shall be made against a defaulting Unit Owner in the amount of his or her award, or the amount of that award shall be set off against the sums hereafter made payable to that Owner. 16.2 Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for determining whether damaged property will be reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty. 16.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of the awards and special Assessments will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, the size of the Condominium will be reduced and the property damaged by the taking will be made usable in the manner provided below. The proceeds of the awards and special Assessments shall be used for these purposes and shall be disbursed in the manner provided for disbursement of funds by the Insurance Trustee (if appointed) after a casualty, or as elsewhere in this Section 16 specifically provided. Declaration -55- Application No. 140516 -7 Exhibit 5 Page 56 of 154 (Reserved for Clerk of Court) 16.4 Unit Reduced but Habitable. If the taking reduces the size of a Unit and the remaining portion of the Unit can be made habitable (in the sole opinion of the Association), the award for the taking of a portion of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: (a) Restoration of Unit. The Unit shall be made habitable. If the cost of the restoration exceeds the amount of the award, the additional funds required shall be charged to and paid by the Owner of the Unit. (b) Distribution of Surplus. The balance of the award in respect of the Unit, if any, shall be distributed to the Owner of the Unit and to each mortgagee of the Unit, the remittance being made payable jointly to the Owner and such mortgagees. (c) Adjustment of Shares in Common Elements. If the floor area of the Unit is reduced by the taking, the percentage representing the share in the Common Elements and of the Common Expenses and Common Surplus appurtenant to the Unit shall be reduced by multiplying the percentage of the applicable Unit prior to reduction by a fraction, the numerator of which shall be the area in square feet of the Unit after the taking and the denominator of which shall be the area in square feet of the Unit before the taking. The shares of all Unit Owners in the Common Elements, Common Expenses and Common Surplus shall then be restated as follows: (1) add the total of all percentages of all Units after reduction as aforesaid (the "Remaining Percentage Balance "); and (ii) divide each percentage for each Unit after reduction as aforesaid by the Remaining Percentage Balance. The result of such division for each Unit shall be the adjusted percentage for such Unit. 16.5 Unit Made Uninhabitable. If the taking is of the entire Unit or so reduces the size of a Unit that it cannot be made habitable (in the sole opinion of the Association), the award for the taking of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: Declaration -56- Application No. 140516 -7 Exhibit 5 Page 57 of 154 Reserved for Clerk of Court) (a) Payment of Award. The awards shall be paid first to the applicable Institutional First Mortgagees in amounts sufficient to pay off their mortgages in connection with each Unit which is not so habitable; second, to the Association for any due and unpaid Assessments; third, jointly to the affected Unit Owners and other mortgagees of their Units. In no event shall the total of such distributions in respect of a specific Unit exceed the market value of such Unit immediately prior to the taking. The balance, if any, shall be applied to repairing and replacing the Common Elements. (b) Addition to Common Elements. The remaining portion of the Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all of the Unit Owners in the manner approved by the Board of Directors of the Association; provided that if the cost of the work therefor shall exceed the balance of the fund from the award for the taking, such work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. (c) Adjustment of Shares. The shares in the Common Elements, Common Expenses and Common Surplus appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This shall be effected by restating the shares of continuing Unit Owners as follows: (1) add the total of all percentages of all Units of continuing Owners prior to this adjustment, but after any adjustments made necessary by Subsection 16.4(c) hereof (the "Percentage Balance "); and (ii) divide the percentage of each Unit of a continuing Owner prior to this adjustment, but after any adjustments made necessary by Subsection 16.4(c) hereof, by the Percentage Balance. The result of such division for each Unit shall be the adjusted percentage for such Unit. (d) Assessments. If the balance of the award (after payments to the Unit Owner and such Owner's mortgagees as above provided) for the taking is Declaration -57- Application No. 140516 -7 Exhibit 5 Page 58 of 154 (Reserved for Clerk of Court) not sufficient to alter the remaining portion of the Unit for use as a part of the Common Elements, the additional funds required for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after the changes in the Condominium effected by the taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking. (e) Arbitration. If the market value of a Unit prior to the taking cannot be determined by agreement between the Unit Owner and mortgagees of the Unit and the Association within 30 days after notice of a dispute by any affected party, such value shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the Unit. A judgment upon the decision rendered by the arbitrators may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. The cost of arbitration proceedings shall be assessed against all Unit Owners, including Owners who will not continue after the taking, in proportion to the applicable percentage shares of such Owners as they exist prior to the adjustments to such shares effected pursuant hereto by reason of the taking. Notwithstanding the foregoing, nothing contained herein shall limit or abridge the remedies of Unit Owners provided in Sections 718.303 and 718.506, F.S. 16.6 Taking of Common Elements. Awards for the taking of Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed to the Unit Owners in the shares in which they own the Common Elements after adjustments to these shares effected pursuant hereto by reason of the taking. If there is a mortgage on a Unit, the distribution shall be paid jointly to the Owner and the mortgagees of the Unit. Declaration -58- Application No. 140516 -7 Exhibit 5 Page 59 of 154 (Reserved for Clerk of Court) 16.7 Amendment of Declaration. The changes in Units, in the Common Elements and in the ownership of the Common Elements and share in the Common Expenses and Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration of Condominium that is only required to be approved by, and executed upon the direction of, a majority of all Directors of the Association. 17. Occupancy and Use Restrictions. In order to provide for congenial occupancy of the Condominium and Association Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the Easement Agreements and the following provisions: 17.1 Occupancy. Each Unit shall be used as a residence and/or home office only, except as otherwise herein expressly provided, all in accordance with, and only to the extent permitted by, applicable County, State and Federal codes, ordinances and regulations. Home office use of a Unit shall only be permitted to the extent permitted by law and to the extent that the office is not staffed by employees, is not used to receive clients and /or customers and does not generate additional visitors or traffic into the Unit or on any part of the Condominium Property. The provisions of this Subsection 17.1 shall not be applicable to Units used by the Declarant, which it has the authority to do without Unit Owner consent or approval, and without payment of consideration, for model apartments, guest suites, sales, re -sales and/or leasing offices and/or for the provision of management, construction, development and/or financial services. 17.2 Children. Children shall be permitted to be occupants of Units. 17.3 Pet Restrictions. A maximum of two (2) domesticated pets may be maintained in a Unit provided that such pets are: (a) permitted to be so kept by applicable laws and regulations, (b) not left unattended on balconies, terraces, patios and /or in Lanai areas, (c) generally, not a nuisance to residents of other Units or of neighboring buildings and (d) not a breed prohibited by applicable law or considered to be dangerous or a nuisance by the Board of Directors (in its sole and absolute discretion); provided that neither the Declarant, the Board nor the Association shall be liable for any personal injury, death or property damage resulting from a violation of the foregoing and any occupant of a Unit committing such a violation shall fully indemnify and hold harmless the Declarant, the Board of Directors, each Unit Owner and the Association in such regard. Any Declaration -59- Application No. 140516 -7 Exhibit 5 Page 60 of 154 (Reserved for Clerk of Court) landscaping damage or other damage to the Common Elements caused by a Unit Owner's pet must be promptly repaired by the Unit Owner. The Association retains the right to effect said repairs and charge the Unit Owner therefor. Without limiting the generality of Section 18 hereof, a violation of the provisions of this paragraph shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Unit Owners (as provided in the By -Laws and any applicable rules and regulations) and/or to require any pet to be permanently removed from the Condominium Property. 17.4 Alterations. Without limiting the generality of Subsection 9.1 hereof, but subject to Section 11 hereof, no Unit Owner shall cause or allow improvements or physical or structural changes to any Unit, Limited Common Elements appurtenant thereto, Common Elements or Association Property, including, but not limited to, painting or other decorating of any nature, installing or altering any electrical wiring or plumbing systems (including pool equipment)„ installing television antennae, satellite dishes, electronic devices, transmitting and /or receiving equipment, machinery, or air - conditioning units, which in any manner change the appearance of any portion of the Building or the exterior of said Unit, without obtaining the prior written consent of the Association (in the manner specified in Subsection 9.1 hereof). Notwithstanding the provisions of Subsection 9.1 above, any Unit Owner may display one portable, removable United States flag in a respectful way, and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 4 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps or Coast Guard. Curtains, blinds, shutters, levelors, or draperies (or linings thereof) which face the exterior windows or glass doors of Units shall be white or off -white in color and shall be subject to disapproval by the Association, in which case they shall be removed and replaced by the Unit Owner, at such Owner's sole cost, with items acceptable to the Association. 17.5 Use of Common Elements and Association Property. The Common Elements and Association Property shall be used only for furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of Units. In that regard, each Unit Owner, by acceptance of a deed for a Unit, thereby covenants and agrees that it is the intention of the Declarant that the stairwells of the Building are intended primarily for ingress and egress, Declaration -60- Application No. 140516 -7 Exhibit 5 Page 61 of 154 (Reserved for Clerk of Court) and as such may be constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the garage and utility pipes serving the Condominium are intended primarily for functional purposes, and as such may be left unfinished without regard to the aesthetic appearance of same. The foregoing is not intended to prohibit the use of the stairwells, garage and utility pipes for any other proper purpose. 17.6 Nuisances. No nuisances (as defined by the Association) shall be allowed on the Condominium or Association Property, nor shall any use or practice be allowed which is a source of annoyance to occupants of Units or which interferes with the peaceful possession or proper use of the Condominium and/or Association Property by its residents, occupants or members. 17.7 No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium or Association Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover, relating to any portion of the Condominium and/or Association Property, shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property, as elsewhere herein set forth. Notwithstanding the foregoing and any provisions of this Declaration, the Articles of Incorporation or By -Laws, the Association shall not be liable to any person(s) for its failure to enforce the provisions of this Subsection 17.7. No activity specifically permitted by this Declaration, shall be deemed to be a violation of this Subsection 17.7. 17.8 Leases. No portion of a Unit (other than an entire Unit) may be rented. Leasing of Units shall be subject to the prior written approval of the Association. Each lease shall be in writing and shall specifically provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles of Incorporation or By -Laws of the Association, or other applicable provisions of any agreement, document or instrument governing the Condominium or administered by the Association. No lease of a Unit shall be for a period of less than six (6) months and there shall be no more than one (1) lease commenced during any calendar year. Declaration 61- Application No. 140516 -7 Exhibit 5 Page 62 of 154 (Reserved for Clerk of Court) Every lease of a Unit shall specifically provide (or, if it does not, shall be automatically deemed to provide) that (a) a material condition of the lease shall be the tenant's full compliance with the covenants, terms, conditions and restrictions of this Declaration (and all Exhibits hereto) and with any and all rules and regulations adopted by the Association from time to time (before or after the execution of the lease and/or any modifications, renewals or extensions of same), and (b) the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration (and all Exhibits hereto), the Articles of Incorporation or By -Laws of the Association, or other applicable provisions of any agreement, document or instrument governing the Condominium Property or administered by the Association. The Unit Owner will be jointly and severally liable with the tenant to the Association for any amount which is required by the Association to repair any damage to the Common Elements resulting from acts or omissions of tenants (as determined in the sole discretion of the Association) and to pay any claim for injury or damage to property caused by the negligence of the tenant and special Assessments may be levied against the Unit therefor. All leases are hereby made subordinate to any lien filed by the Condominium Association, whether prior or subsequent to such lease. The Association may charge a fee in connection with the approval of any lease, sublease, or other transfer of a Unit requiring approval, provided, however that such fee may not exceed $100 per applicant other than husband /wife or parent/dependent child, which are considered one applicant, and provided further, that if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, no charge shall be made. If so required by the Association, a tenant wishing to lease a Unit shall be required to place in escrow with the Association a reasonable sum, not to exceed the equivalent of one month's rental, which may be used by the Association to repair any damage to the Common Elements and/or Association Property resulting from acts or omissions of tenants (as determined in the sole discretion of the Association). Payment of interest, claims against the deposit, refunds and disputes regarding the disposition of the deposit shall be handled in the same fashion as provided in Part II of Chapter 83, Florida Statutes. When a Unit is leased, a tenant shall have all use rights in Association Property and those Common Elements otherwise readily available for use generally by the Unit Owner, and the Owner of the leased Unit shall not have such rights, except as a guest, unless such rights are waived in writing by the tenant. Nothing herein Declaration -62- Application No. 140516 -7 Exhibit 5 Page 63 of 154 (Reserved for Clerk of Court) shall interfere with the access rights of the Unit Owner as a landlord pursuant to Chapter 83, Florida Statutes. The Association shall have the right to adopt rules to prohibit dual usage by a Unit Owner and a tenant of Association Property and Common Elements otherwise readily available for use generally by Owners. The lease of a Unit for a term of six (6) months or less is subject to a tourist development tax assessed pursuant to Section 125.0104, Florida Statutes. A Unit Owner leasing his or her Unit for a term of six (6) months or less agrees, and shall be deemed to have agreed, for such Owner, and his or her heirs, personal representatives, successors and assigns, as appropriate, to hold the Association, the Declarant and all other Unit Owners harmless from and to indemnify them for any and all costs, claims, damages, expenses or liabilities whatsoever, arising out of the failure of such Unit Owner to pay the tourist development tax and/or any other tax or surcharge imposed by the State of Florida with respect to rental payments or other charges under the lease, and such Unit Owner shall be solely responsible for and shall pay to the applicable taxing authority, prior to delinquency, the tourist development tax and/or any other tax or surcharge due with respect to rental payments or other charges under the lease. 17.9 Weight, Sound and other Restrictions. Unless installed by the Declarant or meeting the sound insulation specifications established from time to time by the Board, hard and/or heavy surface floor coverings, such as tile, marble, wood, and the like will not be permitted in Units. Even once approved by the Board, the installation of insulation materials shall be performed in a manner that provides proper mechanical isolation of the flooring materials from any rigid part of the building structure, whether of the concrete subfloor (vertical transmission) or adjacent walls and fittings (horizontal transmission) and same must be installed prior to the Unit being occupied. Chipping, grinding and/or bushing of the concrete slab is expressly prohibited. Additionally, the floor coverings (and insulation and adhesive material therefor) installed on any balcony, terrace, patio and/or lanai shall not exceed a thickness that will result in the finish level of the balconies, terraces, patios and/or lanais being above the bottom of the scuppers or diminish the required height of the rails (as established by the applicable building code). Also, the installation of any improvement or heavy object must be submitted to and approved by the Board, and be compatible with the overall structural design of the Building. All areas within a Unit, unless containing floor coverings installed by the Declarant or to receive floor covering approved by the Declaration -63- Application No. 140516 -7 Exhibit 5 Page 64 of 154 (Reserved for Clerk of Court) Board, are to receive sound absorbent, less dense floor coverings, such as carpeting. The Board will have the right to specify the exact material to be used on balconies, terraces, patios and/or lanais. Any use guidelines set forth by the Association shall be consistent with good design practices for the waterproofing and overall structural design of the Building. Unit Owners will be held strictly liable for violations of these restrictions and for all damages resulting therefrom and the Association has the right to require immediate removal of violations. Applicable warranties of the Declarant, if any, shall be voided by violations of these restrictions and requirements. Each Unit Owner, by acceptance of a deed or other conveyance of their Unit, hereby acknowledges and agrees that sound transmission in a multi -story building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units and or mechanical equipment can often be heard in another Unit. The Declarant does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property, and each Unit Owner shall be deemed to waive and expressly release any such warranty and claim for loss or damages resulting from sound transmission. Notwithstanding anything herein contained to the contrary, the installation of insulation under hard surface floor coverings shall not be required for any Unit that is not located above another Unit or above Common Elements that may reasonably be considered by the Board to be areas of general circulation (e.g. lobbies, hallways, mailrooms, if any etc.), and /or recreational areas. Accordingly, if a Unit has no Improvements below it, or only the parking garage or a mechanical room below it, it shall not be required to install insulation under hard surface floor coverings. 17.10 Mitigation of Dampness and Humidity. No Unit Owner shall install, within his or her Unit, or upon the Common Elements or Association Property, non - breathable wall- coverings or low - permeance paints. Additionally, any and all built -in casework, furniture, and or shelving in a Unit must be installed over floor coverings to allow air space and air movement and shall not be installed with backboards flush against any gypsum board, masonry block or concrete wall. Additionally, all Unit Owners, whether or not occupying the Unit, shall periodically run the air conditioning system to maintain the Unit temperature, whether or not occupied, at 78 °F or less, to minimize humidity in the Unit. Declaration -64- Application No. 140516 -7 Exhibit 5 Page 65 of 154 (Reserved for Clerk of Court Leaks, leaving exterior doors or windows open, wet flooring and moisture will contribute to the growth of mold, mildew, fungus or spores. Each Unit Owner, by acceptance of a deed, or otherwise acquiring title to a Unit, shall be deemed to have agreed that Declarant is not responsible, and hereby disclaims any responsibility for any illness, personal injury, death or allergic reactions which may be experienced by the Unit Owner, its family members and/or its or their guests, tenants and invitees and/or the pets of all of the aforementioned persons, as a result of mold, mildew, fungus or spores. It is the Unit Owner's responsibility to keep the Unit clean, dry, well - ventilated and free of contamination. While the foregoing are intended to minimize the potential development of molds, fungi, mildew and other mycotoxins, each Unit Owner understands and agrees that there is no method for completely eliminating the development of molds or mycotoxins. The Declarant does not make any representations or warranties regarding the existence or development of molds or mycotoxins and each Unit Owner shall be deemed to waive and expressly release any such warranty and claim for loss or damages resulting from the existence and/or development of same. In furtherance of the rights of the Association as set forth in Subsection 11.1(a) above, in the event that the Association reasonably believes that the provisions of this Subsection 17.10 are not being complied with, then, the Association shall have the right (but not the obligation) to enter the Unit (without requiring the consent of the Unit Owner or any other party) to turn on the air conditioning in an effort to cause the temperature of the Unit to be maintained as required hereby (with all utility consumption costs to be paid and assumed by the Unit Owner). To the extent that electric service is not then available to the Unit, the Association shall have the further right, but not the obligation (without requiring the consent of the Unit Owner or any other party) to connect electric service to the Unit (with the costs thereof to be borne by the Unit Owner, or if advanced by the Association, to be promptly reimbursed by the Unit Owner to the Association, with all such costs to be deemed Charges hereunder). Each Unit Owner, by acceptance of a deed or other conveyance of a Unit, holds the Declarant harmless and agrees to indemnify the Declarant from and against any and all claims made by the Unit Owner and the Unit Owner's guests, tenants and invitees on account of any illness, allergic reactions, personal injury and death to such persons and to any pets of such persons, including all expenses and costs associated with such claims including, without limitation, inconvenience, relocation and moving expenses, lost time, lost earning power, hotel and other accommodation expenses for room and board, all attorneys fees and other legal Declaration -65- Application No. 140516 -7 Exhibit 5 Page 66 of 154 (Reserved for Clerk of Court) and associated expenses through and including all appellate proceedings with respect to all matters mentioned in this Subsection 17.10. 17.11 Exterior Improvements. Without limiting the generality of Subsections 9.1 or 17.4 hereof, but subject to any provision of this Declaration specifically permitting same, no Unit Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies, lanais or windows of the Building (including, but not limited to, awnings, signs, storm shutters, satellite dishes, screens, window tinting, furniture, fixtures and equipment), without the prior written consent of the Association. Unit Owners may also attach a religious object on the mantel or frame of the Unit Owner's door not to exceed 3 inches wide, 6 inches high and 1.5 inches deep. 17.12 Association Access to Units. In order to facilitate access to Units by the Association for the purposes enumerated in Subsection 11.1(a) hereof, it shall be the responsibility of all Unit Owners to deliver a set of keys to their respective Units (or to otherwise make access available) to the Association for use in the performance of its functions. No Unit Owner shall change the locks to his or her Unit (or otherwise preclude access by the Association) without so notifying the Association and delivering to the Association a new set of keys(or otherwise affording access) to such Unit. 17.13 Recorded Agreements. The use of the Units, the Condominium Property and the Association Property shall at all times comply with all restrictions, covenants, conditions, limitations, agreements, reservations and easements now or hereafter recorded in the public records. 17.14 Relief by Association. The Association shall have the power (but not the obligation) to grant relief in particular circumstances from the provisions of specific restrictions contained in this Section 17 for good cause shown, as determined by the Association in its sole discretion. 17.15 Effect on Declarant. Subject to the following exceptions, the restrictions and limitations set forth in this Section 17 shall not apply to the Declarant nor to Units owned by the Declarant. The Declarant shall not be exempt from the restrictions, if any, relating to requirements that leases or lessees be approved by the Association, pet restrictions, occupancy of Units based on age and vehicular restrictions, except as such vehicular restrictions relate to the Declarant's Declaration -66- Application No. 140516 -7 Exhibit 5 Page 67 of 154 Reserved for Clerk of Court) construction, maintenance, sales, re- sales, leasing and other marketing and financing activities, which activities the Declarant can perform without the prior consent of the Unit Owners. 18. Compliance and Default. The Association, each Unit Owner, occupant of a Unit, tenant and other invitee of a Unit Owner is governed by and must comply with the terms of this Declaration and all exhibits annexed hereto, and the rules and regulations adopted pursuant to those documents, as the same may be amended from time to time and the provisions of all of such documents shall be deemed incorporated into any lease of a Unit whether or not expressly stated in such lease. The Association (and Unit Owners, if appropriate) shall be entitled to the following relief in addition to the remedies provided by the Act: 18.1 Mandatory Nonbinding Arbitration of Disputes. Prior to the institution of court litigation, the parties to a Dispute shall petition the Division for nonbinding arbitration and pay the arbitration fee required by Section 718.1255(4)(a), Florida Statutes. The arbitration shall be conducted according to rules promulgated by the Division and before arbitrators employed by the Division. The filing of a petition for arbitration shall toll the applicable statute of limitation for the applicable Dispute, until the arbitration proceedings are completed. Any arbitration decision shall be presented to the parties in writing, and shall be deemed final if a complaint for trial de novo is not filed in a court of competent jurisdiction in which the Condominium is located within thirty (30) days following the issuance of the arbitration decision. The prevailing party in the arbitration proceeding shall be awarded the costs of the arbitration, and reasonable attorneys' fees and costs incurred in connection with the proceedings. The party who files a complaint for a trial de novo shall be charged the other party's arbitration costs, courts costs and other reasonable costs, including, without limitation, attorneys' fees, investigation expenses and expenses for expert or other testimony or evidence incurred after the arbitration decision, if the judgment upon the trial de novo is not more favorable than the arbitration decision. If the judgment is more favorable, the party who filed a complaint for trial de novo shall be awarded reasonable court costs and attorneys' fees. Any party to an arbitration proceeding may enforce an arbitration award by filing a petition in a court of competent jurisdiction in which the Condominium is located. A petition may not be granted unless the time for appeal by the filing of a complaint for a trial de novo has expired. If a complaint for a trial de novo has been filed, a petition may Declaration -67- Application No. 140516 -7 Exhibit 5 Page 68 of 154 (Reserved for Clerk of Court) not be granted with respect to an arbitration award that has been stayed. If the petition is granted, the petitioner may recover reasonable attorneys' fees and costs incurred in enforcing the arbitration award. 18.2 Negligence and Compliance. A Unit Owner and/or tenant of a Unit shall be liable for the expense of any maintenance, repair or replacement made necessary by the Owner's negligence or by that of any member of the Owner's family or the Owner's guests, employees, agents, invitees or lessees, but only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. In the event a Unit Owner, tenant or occupant fails to maintain a Unit or fails to cause such Unit to be maintained, or fails to observe and perform all of the provisions of the Declaration, the By -Laws, the Articles of Incorporation of the Association, applicable rules and regulations, or any other agreement, document or instrument affecting the Condominium Property or administered by the Association, in the manner required, the Association shall have the right to proceed in equity to require performance and/or compliance, to impose any applicable fines (in accordance with and as and to the extent permitted by, the provisions of Subsection 18.3 below), to sue at law for damages, and to charge the Unit Owner for the sums necessary to do whatever work is required to put the Unit Owner or Unit in compliance, provided, however, that nothing contained in this Subsection 18.2 shall authorize the Association to enter a Unit to enforce compliance. In any proceeding arising because of an alleged failure of a Unit Owner, a tenant or the Association to comply with the requirements of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). A Unit Owner prevailing in an action with the Association, in addition to recovering his or her reasonable attorneys' fees, may recover additional amounts as determined by the court to be necessary to reimburse the Unit Owner for his share of Assessments levied by the Association to fund its expenses of the litigation. 18.3 Fines. In addition to any and all other remedies available to the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, lessees or employees, to comply with any covenant, restriction, Declaration - 68 - Application No. 140516 -7 Exhibit 5 Page 69 of 154 (Reserved for Clerk of Court) rule or regulation herein or the By -Laws or Rules and Regulations of the Association, provided the following procedures are adhered to: (a) Notice: The party against whom the fine is sought to be levied shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days and said notice shall include: (i) a statement of the date, time and place of the hearing; (ii) a statement of the provisions of the Declaration, By -Laws or rules which have allegedly been violated; and (iii) a short and plain statement of the matters asserted by the Association. (b) Hearing: The non - compliance shall be presented to a committee of other Unit Owners, who shall hear reasons why penalties should not be imposed. The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge, and respond to any material considered by the committee. A written decision of the committee shall be submitted to the Owner or occupant by not later than twenty -one (21) days after the meeting. If the committee does not agree with the fine, the fine may not be levied. (c) Fines: The Board of Directors may impose fines against the applicable Unit up to the maximum amount permitted by law from time to time. At the time of the recordation of this Declaration, the Act provides that no fine may exceed $100.00 per violation, or $1,000.00 in the aggregate. (d) Violations: Each separate incident which is grounds for a fine shall be the basis of one separate fine. In the case of continuing violations, each continuation of same after a notice thereof is given shall be deemed a separate incident. (e) Payment of Fines: Fines shall be paid not later than thirty (30) days after notice of the imposition thereof. (f) Application of Fines: All monies received from fines shall be allocated as directed by the Board of Directors. Declaration -69- Application No. 140516 -7 Exhibit 5 Page 70 of 154 (Reserved for Clerk of Court) (g) Non - exclusive Remedy: These fines shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner or occupant shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner or occupant. Proviso. Notwithstanding the foregoing, the notice and hearing requirements of this subsection do not apply to the imposition of fines against a Unit Owner or a Unit's occupant, licensee, or invitee because of failing to pay any amounts due the Association. If such a fine is imposed, the Association must levy the fine or impose a reasonable suspension at a properly noticed Board meeting, and after the imposition of such fine or suspension, the Association must notify the Unit Owner and, if applicable, the Unit's occupant, licensee, or invitee by mail or hand delivery. 18.4 Suspension. If a Unit Owner is delinquent for more than 90 days in paying a monetary obligation due to the Association, the Association may suspend the right of a Unit Owner or a Unit's occupant, licensee, tenant, lessee, or invitee to use Common Elements, common facilities, or any other Association Property until the monetary obligation is paid. This subsection does not apply to Limited Common Elements intended to be used only by that Unit, Common Elements that must be used to access the Unit, utility services provided to the Unit, parking spaces, or elevators. A suspension may not be imposed unless the Association first provides at least 14 days' written notice and an opportunity for a hearing to the Unit Owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other Unit Owners who are neither Board members nor persons residing in a Board member's household. If the committee does not agree with the suspension, the suspension may not be imposed. Notwithstanding the foregoing, the notice and hearing requirements of this subsection do not apply to the imposition of suspensions against a Unit Owner or a Unit's occupant, licensee, or invitee because of failing to pay any amounts due the Association. If such a suspension is imposed, the Association must impose a reasonable suspension at a properly noticed Board meeting, and after the imposition of such suspension, the Association must notify the Unit Owner and, if applicable, the Unit's occupant, licensee, or invitee by mail or hand delivery. Declaration -70- Application No. 140516 -7 Exhibit 5 Page 71 of 154 (Reserved for Clerk of Court) The Association may also suspend the voting rights of a Member due to nonpayment of any monetary obligation due to the Association which is more than 90 days delinquent. The suspension ends upon full payment of all obligations currently due or overdue the Association 19. Termination of Condominium. The Condominium shall continue until (a) terminated by casualty loss, condemnation or eminent domain, as more particularly provided in this Declaration, or (b) terminated pursuant to a Plan of Termination (as defined in the Act) approved by at least eighty percent (80 %) of the total voting interests of the Condominium and by the Institutional First Mortgagees of Units to which at least sixty - seven percent (67 %) of the voting interests of Units subject to mortgages held by Institutional First Mortgagees are appurtenant, provided that not more than 10 percent of the total voting interests of the Condominium have not rejected the Plan of Termination by negative vote or by providing written objections thereto. In the event such withdrawal is authorized as aforesaid, and provided that the Board first notifies the Division of an intended withdrawal, the Condominium Property shall be subject to an action for partition by any Unit Owner, mortgagee or lienor as if owned in common in which event the net proceeds of the partition sale shall be divided among all Unit Owners in proportion to their respective interests in the Common Elements or as otherwise provided in the Plan of Termination, provided, however, that no payment shall be made to a Unit Owner until there has first been paid off out of the Owner's share of such net proceeds all mortgages and liens on the Owner's Unit in the order of their priority. The termination of the Condominium, as aforesaid, shall be evidenced by a certificate of the Association executed by its President and Secretary, certifying as to the basis of the termination and said certificate shall be recorded among the Public Records of the County. The Association shall, within thirty (30) business days following such recordation, provide the Division with a copy of such recorded certificate. This Section may not be amended without the consent of the Declarant as long as it owns any Unit. The rights under this Section shall exist so long as the Declarant holds a Unit for sale in the ordinary course of business. In the event of a termination of the Condominium, the owner(s) of the land shall be jointly and severally responsible for the operation and maintenance of the Surface Water Management System serving the Condominium Property. 20. Additional Rights of Mortgagees and Others. 20.1 Availability of Association Documents. The Association shall have current and updated copies of the following available for inspection by Institutional First Mortgagees during normal business hours or under other reasonable Declaration -71- Application No. 140516 -7 Exhibit 5 Page 72 of 154 (Reserved for Clerk of Court) circumstances as determined by the Board: (a) this Declaration; (b) the Articles; (c) the By -Laws; (d) the rules and regulations of the Association; and (e) the books, records and financial statements of the Association. 20.2 Amendments. Subject to the other provisions of this Declaration and except as provided elsewhere to the contrary, an amendment directly affecting any of the following shall require the approval of a Majority of Institutional First Mortgagees: (a) voting rights; (b) increases in assessments by more than 25% over the previous assessment amount, assessment liens or the priority of assessment liens; (c) reductions in reserves for maintenance, repair and replacement of Common Elements and/or Association Property; (d) responsibility for maintenance and repairs; (e) reallocation of interests in the Common Elements (including Limited Common Elements) or rights to their use; (f) redefinition of Unit boundaries; (g) conversion of Units into Common Elements or Common Elements into Units; (h) expansion or contraction of the Condominium; (i) hazard or fidelity insurance requirements; (j) imposition of restrictions on leasing of units; (k) imposition of restrictions on the selling or transferring of title to Units; (1) restoration or repair of the Condominium after a casualty or partial condemnation; (m) any action to terminate the Condominium after casualty or condemnation; and (n) any provision that expressly benefits mortgage holders, insurers or guarantors as a class. In accordance with Section 718.110(11), Florida Statutes, any consent required of a mortgagee may not be unreasonably withheld. 20.3 Notices. Any holder, insurer or guarantor of a mortgage on a Unit shall have, if first requested in writing from the Association, the right to timely written notice of: (a) any condemnation or casualty loss affecting a material portion of the Condominium and/or Association Property or the affected mortgaged Unit; (b) a sixty (60) day delinquency in the payment of the Assessments on a mortgaged Unit; (c) the occurrence of a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and Declaration -72- Application No. 140516 -7 Exhibit 5 Page 73 of 154 (Reserved for Clerk of Court) (d) any proposed action which requires the consent of a specified number of mortgage holders. 20.4 Additional Rights. Institutional First Mortgagees shall have the right, upon written request to the Association, to: (a) receive a copy of an audited financial statement of the Association for the immediately preceding fiscal year if such statements were prepared; and (b) receive notices of and attend Association meetings. 21. Covenant Running With the Land. All provisions of this Declaration, the Articles, By- Laws and applicable rules and regulations of the Association, shall, to the extent applicable and unless otherwise expressly herein or therein provided to the contrary, be perpetual and be construed to be covenants running with the Land and with every part thereof and interest therein, and all of the provisions hereof and thereof shall be binding upon and inure to the benefit of the Declarant and subsequent owner(s) of the Land or any part thereof, or interest therein, and their respective heirs, personal representatives, successors and assigns, but the same are not intended to create nor shall they be construed as creating any rights in or for the benefit of the general public. All present and future Unit Owners, tenants and occupants of Units shall be subject to and shall comply with the provisions of this Declaration and the Articles, By -Laws and applicable rules and regulations, all as they may be amended from time to time. The acceptance of a deed or conveyance, or the entering into of a lease, or the entering into occupancy of any Unit, shall constitute an adoption and ratification of the provisions of this Declaration, the Articles, By -Laws and applicable rules and regulations of the Association, all as they may be amended from time to time, including, but not limited to, a ratification of any appointments of attorneys -in -fact contained herein. 22. Disclaimer of Warranties. Except only for those warranties provided in Section 718.203, Florida Statutes (and then only to the extent applicable and not yet expired), to the maximum extent lawful Declarant hereby disclaims any and all and each and every express or implied warranties, whether established by statutory, common, case law or otherwise, as to the design, construction, sound and/or odor transmission, existence and/or development of molds, mildew, toxins or fungi, furnishing and equipping of the Condominium Property, including, without limitation, any implied warranties of habitability, fitness for a particular purpose or merchantability, compliance with plans, all warranties imposed by statute (other than those imposed by Section 718.203, Florida Statutes, and then only to the extent applicable and not yet expired) and all other express and implied warranties of any kind or character. Declarant has not given and the Unit Declaration -73- Application No. 140516 -7 Exhibit 5 Page 74 of 154 (Reserved for Clerk of Court) Owner has not relied on or bargained for any such warranties. Each Unit Owner, by accepting a deed to a Unit, or other conveyance thereof, shall be deemed to represent and warrant to Declarant that in deciding to acquire the Unit, the Unit Owner relied solely on such Unit Owner's independent inspection of the Unit and the Condominium. The Unit Owner has not received nor relied on any warranties and /or representations from Declarant of any kind, other than as expressly provided herein. As to any implied warranty which cannot be disclaimed entirely, all secondary, incidental and consequential damages are specifically excluded and disclaimed (claims for such secondary, incidental and consequential damages being clearly unavailable in the case of implied warranties which are disclaimed entirely above). All Unit Owners, by virtue of their acceptance of title to their respective Units (whether from the Declarant or another party) shall be deemed to have automatically waived all of the aforesaid disclaimed warranties and incidental and consequential damages. The foregoing shall also apply to any party claiming by, through or under a Unit Owner, including a tenant thereof. Further, given the climate and humid conditions in South Florida, molds, mildew, toxins and fungi may exist and/or develop within the Unit and/or the Condominium Property. Each Owner is hereby advised that certain molds, mildew, toxins and /or fungi may be, or if allowed to remain for a sufficient period may become, toxic and potentially pose a health risk. By acquiring title to a Unit, each Owner shall be deemed to have assumed the risks associated with molds, mildew, toxins and/or fungi and to have released the Declarant and the Declarant's third party consultants, including without limitation, the Declarant's architect, from any and all liability resulting from same, including, without limitation, any liability for incidental or consequential damages (which may result from, without limitation, the inability to possess the Unit, inconvenience, moving costs, hotel costs, storage costs, loss of time, lost wages, lost opportunities and /or personal injury). Without limiting the generality of the foregoing, leaks, leaving exterior doors or windows open, wet flooring and moisture will contribute to the growth of mold, mildew, fungus or spores. Each Unit Owner, by acceptance of a deed, or otherwise acquiring title to a Unit, shall be deemed to have agreed that neither Declarant nor any of Declarant's third party consultants, including without limitation, Declarant's architect, shall be responsible, and the Declarant hereby disclaims any responsibility for any illness or allergic reactions, personal injury or death which may be experienced by the Unit Owner, its family members and /or its or their guests, tenants and invitees and to any pets of persons aforementioned in this sentence, as a result of mold, mildew, fungus or spores. It is the Declaration -74- Application No. 140516 -7 Exhibit 5 Page 75 of 154 (Reserved for Clerk of Court) Unit Owner's responsibility to keep the Unit clean, dry, well- ventilated and free of contamination. Each Owner understands and agrees that for some time in the future, it, and its guests, tenants and invitees may be disturbed by the noise, commotion and other unpleasant effects of nearby construction activity and as a result Owner and its guests, tenants and invitees may be impeded in using portions of the Condominium Property by that activity. Because the Condominium is located in an urban area, demolition or construction of buildings and other structures within the immediate area or within the view lines of any particular Unit or of any part of the Condominium (the "Views ") may block, obstruct, shadow or otherwise affect Views, which may currently be visible from the Unit or from the Condominium. Therefore, each Owner, for itself, its successors and assigns, agrees to release Declarant, its partners and its and their officers, members, directors and employees and every affiliate and person related or affiliated in any way with any of them ( "Declarant's Affiliates ") from and against any and all losses, claims, demands, damages, costs and expenses of whatever nature or kind, including attorney's fees and costs, including those incurred through all arbitration and appellate proceedings, related to or arising out of any claim against the Declarant or Declarant's Affiliates related to Views or the disruption, noise, commotion, and other unpleasant effects of nearby development or construction. As a result of the foregoing, there is no guarantee of view, security, privacy, location, design, density or any other matter. Lastly, each Owner, by acceptance of a deed or other conveyance of a Unit, understands and agrees that there are various methods for calculating the square footage of a Unit. Additionally, as a result of in the field construction, other permitted changes to the Unit, and settling and shifting of improvements, actual square footage of a Unit may also be affected. By accepting title to a Unit, the applicable Owner(s) shall be deemed to have conclusively agreed to accept the size and dimensions of the Unit, regardless of any variances in the square footage from that which may have been disclosed at any time prior to closing, whether included as part of Declarant's promotional materials or otherwise. Without limiting the generality of this Section 22, Declarant does not make any representation or warranty as to the actual size, dimensions (including ceiling heights) or square footage of any Unit, and each Owner shall be deemed to have fully waived and released any such warranty. Declaration - 75 - Application No. 140516 -7 Exhibit 5 Page 76 of 154 (Reserved for Clerk of Court) 23. Water Management District Issues. The following provisions are set forth In satisfaction of the requirements of the District: 23.1 Except only as limited in this Declaration, the Articles, By -Laws or the Act, the Association shall have all of the powers set forth in Chapters 617 and 718, Florida Statutes. 23.2 As and to the extent set forth herein and in the Articles, each Owner shall be a member of the Association. 23.3 Notwithstanding anything to the contrary set forth in this Declaration, the Articles, or By -Laws, if the Association is dissolved, the property consisting of the Surface Water Management System will be conveyed to an appropriate agency of local government, provided, however, that if such conveyance is not accepted, the Surface Water Management System will be conveyed to a similar non - profit corporation. 23.4 The Surface Water Management System serving the Condominium (to the extent contained within the Condominium Property) shall be deemed part of the Common Elements, and as such, the Association is responsible for the operation and maintenance of the Surface Water Management System serving the Condominium (to the extent contained within the Condominium Property). 23.5 The Common Expenses shall include any and all costs for the operation, maintenance and, if necessary, replacement of the Surface Water Management System. 23.6 Any amendment to this Declaration, the Articles or By -Laws which would affect the Surface Water Management System, conservation areas or water management portions of the Common Elements will be submitted to the District for a determination of whether the amendment necessitates a modification of the existing permit for the Surface Water Management System (the "Permit "), As set forth in Section 21, all provisions of this Declaration, the Articles, By- Laws and applicable rules and regulations of the Association, shall, to the extent applicable and unless otherwise expressly herein or therein provided to the contrary, be perpetual and be construed to be covenants running with the Land and with every part thereof and interest therein. Declaration -76 Application No. 140516 -7 Exhibit 5 Page 77 of 154 (Reserved for Clerk of Court) 23.7 If wetland mitigation or monitoring is required, the Association shall be responsible to carry out such obligations successfully, including, without limitation, meeting all Permit conditions associated with wetland mitigation, maintenance and monitoring. 23.8 Copies of the Permit and any future permit actions shall be maintained by the Association's registered agent for the Association's benefit. 23.9 The District has the right to take enforcement action, including a civil action for an injunction and penalties against the Association to compel it to correct any outstanding problems with the Surface Water Management System facilities or in mitigation or conservation areas, if any, under the responsibility or control of the Association. 24. Additional Provisions. 24.1 Notices. All notices to the Association required or desired hereunder or under the By -Laws of the Association shall be sent by either hand delivery, recognized overnight courier service or certified mail (return receipt requested) to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time to time by notice in writing to all Unit Owners. Except as provided specifically in the Act, all notices to any Unit Owner shall be sent by either hand delivery, recognized overnight courier service or first class mail to the Condominium address of such Unit Owner, or such other address as may have been designated by him or her from time to time, in writing, to the Association. All notices to mortgagees of Units shall be sent by either hand delivery, recognized overnight courier service or first class mail to their respective addresses, or such other address as may be designated by them from time to time, in writing to the Association. All notices shall be deemed to have been given when mailed in a postage prepaid sealed wrapper, except notices of a change of address, which shall be deemed to have been given when received, or 5 business days after proper mailing, whichever shall first occur. 24.2 Interpretation. Except where otherwise provided herein, the Board of Directors of the Association shall be responsible for interpreting the provisions hereof and of any of the Exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. An opinion of legal counsel that any Declaration - 77 - Application No. 140516 -7 Exhibit 5 Page 78 of 154 (Reserved for Clerk of Court) interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation. 24.3 Mortgagees. Anything herein to the contrary notwithstanding, the Association shall not be responsible to any mortgagee or lienor of any Unit hereunder, and may assume the Unit is free of any such mortgages or liens, unless written notice of the existence of such mortgage or lien is received by the Association. 24.4 Exhibits. There is hereby incorporated in this Declaration all materials contained in the Exhibits annexed hereto, except that as to such Exhibits, any conflicting provisions set forth therein as to their amendment, modification, enforcement and other matters shall control over those hereof. 24.5 Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a vice - president may be substituted therefor, and wherever the signature of the Secretary of the Association is required hereunder, the signature of an assistant secretary may be substituted therefor, provided that the same person may not execute any single instrument on behalf of the Association in two separate capacities. 24.6 Governing Law. Should any dispute or litigation arise between any of the parties whose rights or duties are affected or determined by this Declaration, the Exhibits annexed hereto or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, said dispute or litigation shall be governed by the laws of the State of Florida. 24.7 Severability. The invalidity in whole or in part of any covenant or restriction, or any section, Subsection, sentence, paragraph, clause, phrase or word, or other provision of this Declaration, the Exhibits annexed hereto, or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof 1 which shall remain in full force and effect. 24.8 Waiver. The failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter. Declaration -78- Application No. 140516 -7 Exhibit 5 Page 79 of 154 (Reserved for Clerk of Court) 24.9 Ratification. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law or otherwise), and each occupant of a Unit, by reason of his or her occupancy, shall be deemed to have acknowledged and agreed that all of the provisions of this Declaration, and the Articles and By -Laws of the Association, and applicable rules and regulations, are fair and reasonable in all material respects. 24.10 Execution of Documents; Attorney -in -Fact. Without limiting the generality of other Sections of this Declaration and without such other Sections limiting the generality hereof, each Owner, by reason of the acceptance of a deed to such Owner's Unit, hereby agrees to execute, at the request of the Declarant, all documents or consents which may be required by all governmental agencies to allow the Declarant and its affiliates to complete the plan of development of the Condominium as such plan may be hereafter amended, and each such Owner further appoints hereby and thereby the Declarant as such Owner's agent and attorney -in -fact to execute, on behalf and in the name of such Owners, any and all of such documents or consents. This Power of Attorney is irrevocable and coupled with an interest. The provisions of this Subsection may not be amended without the consent of the Declarant. 24.11 Gender; Plurality. Wherever the context so permits, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all or no genders. 24.12 Captions. The captions herein and in the Exhibits annexed hereto are inserted only as a matter of convenience and for ease of reference and in no way define or limit the scope of the particular document or any provision thereof. 24.13 Liability. Notwithstanding anything contained herein or in the Articles of Incorporation, By -laws, any rules or regulations of the Association or any other document governing or binding the Association (collectively, the "Association Documents "), the Association, except to the extent specifically provided to the contrary herein, shall not be liable or responsible for, or in any manner be a guarantor or insurer of, the health, safety or welfare of any Owner, occupant or user of any portion of the Condominium and/or Association Property including, without limitation, Owners and their guests, invitees, agents, servants, contractors or subcontractors or for any property of any such persons. Without limiting the generality of the foregoing: Declaration - 79 - Application No. 140516 -7 Exhibit 5 Page 80 of 154 (Reserved for Clerk of Court) (a) it is the express intent of the Association Documents that the various provisions thereof which are enforceable by the Association and which govern or regulate the uses of the properties have been written, and are to be interpreted and enforced, for the sole purpose of enhancing and maintaining the enjoyment of the properties and the value thereof; (b) the Association is not empowered, and has not been created, to act as an entity which enforces or ensures the compliance with the laws of the United States, State of Florida, County and /or any other jurisdiction or the prevention of tortuous activities; and (c) the provisions of the Association Documents setting forth the uses of assessments which relate to health, safety and /or welfare shall be interpreted and applied only as limitations on the uses of assessment funds and not as creating a duty of the Association to protect or further the health, safety or welfare of any person(s), even if assessment funds are chosen to be used for any such reason. Each Owner (by virtue of such Owner's acceptance of title to a Unit) and each other person having an interest in or lien upon, or making use of, any portion of the properties (by virtue of accepting such interest or lien or making such use) shall be bound by this provision and shall be deemed to have automatically waived any and all rights, claims, demands and causes of action against the Association arising from or connected with any matter for which the liability of the Association has been disclaimed hereby. Notwithstanding the foregoing, nothing contained herein shall relieve the Association of its duty of ordinary care, as established by the Act, in carrying out the powers and duties set forth herein. As used herein, "Association" shall include within its meaning all of Association's directors, officers, committee and board members, employees, agents, contractors (including management companies), subcontractors, successors, nominees and assigns. The provisions hereof shall also inure to the benefit of Declarant, which shall be fully protected hereby. 25. Election Whether to Guarantee Assessments. ONLY THE CHECKED PROVISION SHALL BE APPLICABLE: ❑ - Declarant has elected to guarantee assessment as and to the extent provided in Section 13.7 above. Declaration -80- Application No. 140516 -7 Exhibit 5 Page 81 of 154 (Reserved for Clerk of Court) ❑ - Declarant has elected not to guarantee assessments and the provisions of Section 13.7 shall not be applicable or effective. Declaration -81 - Application No. 140516 -7 Exhibit 5 Page 82 of 154 (Reserved for Clerk of Court) IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed and its corporate seal to be hereunto affixed as of the day of 2014. Signed in the presence of: 3200 SEAGATE, LLC, a Florida limited liability limited company By: SEAGATE DEVELOPMENT, LLC., a Florida limited liability company, Manager By: Name: Name: Title: [CORPORATE SEAL] Name: Address: 601 N. Congress Avenue Suite 114 Delray Beach, FL 33483 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing Declaration was acknowledged before me, this day of , 2014, by E. ANTHONY WILSON, as Manager of SEAGATE DEVELPMENT, LLC, a Florida limited liability company, Manager of 3200 SEAGATE, LLC, a Florida limited liability limited company, on behalf of said entities. He /she is personally known to me or has produced as identification. Name: Notary Public, State of Florida Declaration - 82 - Application No. 140516 -7 Exhibit 5 Page 83 of 154 (Reserved for Clerk of Court) My Commission Expires: Commission No.: (Notarial Seal) Declaration -83- Application No. 140516 -7 Exhibit 5 Page 84 of 154 JOINDER 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, hereby agrees to accept all the benefits and all of the duties, responsibilities, obligations and burdens imposed upon it by the provisions of this Declaration and Exhibits attached hereto. IN WITNESS WHEREOF, 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC. has caused these presents to be signed in its name by its proper officer and its corporate seal to be affixed this day of , 2014. Witnessed by: 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit By: Name: Name: [CORPORATE SEAL] STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing joinder was acknowledged before me this day of 2013, by E. Anthony Wilson, as President of 3200 SEAGATE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, on behalf of said corporation. He is personally known to me or has produced as identification. Name: Notary Public, State of Florida My Commission Expires: Commission No (Notarial Seal) Application No. 140516 -7 Exhibit 5 Page 85 of 154 Reserved for Clerk of Court Application No. 140516 -7 Exhibit 5 Page 86 of 154 ARTICLES OF INCORPORATION OF 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC. The undersigned incorporator, for the purpose of forming a corporation not for profit pursuant to the laws of the State of Florida, hereby adopts the following Articles of Incorporation: ARTICLE 1 NAME The name of the corporation shall be 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC. For convenience, the corporation shall be referred to in this instrument as the "Association ", these Articles of Incorporation as the "Articles ", and the By -Laws of the Association as the "By-Laws". ARTICLE 2 OFFICE The principal office and mailing address of the Association shall be at 601 North Congress Avenue, Suite 114, Delray Beach, FL 33445, or at such other place as may be subsequently designated by the Board of Directors. All books and records of the Association shall be kept at its principal office or at such other place as may be permitted by the Act. ARTICLE 3 PURPOSE The purpose for which the Association is organized is to provide an entity pursuant to the Florida Condominium Act as it exists on the date hereof (the "Act ") for the operation of that certain condominium located in Highland Beach, Florida, and known as 3200 SOUTH OCEAN, A SEAGATE CONDOMINIUM (the "Condominium "). ARTICLE 4 DEFINITIONS The terms used in these Articles shall have the same definitions and meanings as those set forth in the Declaration of the Condominium to be recorded in the Public Records of Palm Beach County, Florida, unless herein provided to the contrary, or unless the context otherwise requires. ARTICLE 5 POWERS The powers of the Association shall include and be governed by the following: 1 Application No. 140516 -7 Exhibit 5 Page 87 of 154 5.1 General. The Association shall have all of the common -law and statutory powers of a corporation not for profit under the Laws of Florida, except as expressly limited or restricted by the terms of these Articles, the Declaration, the By -Laws or the Act. 5.2 Enumeration. The Association shall have all of the powers and duties set forth in the Act, except as limited by these Articles, the By -Laws and the Declaration (to the extent that they are not in conflict with the Act), and all of the powers and duties reasonably necessary to operate the Condominium pursuant to the Declaration and as more particularly described in the By -Laws, as they may be amended from time to time, including, but not limited to, the following: (a) To make and collect Assessments and other charges against members as Unit Owners (whether or not such sums are due and payable to the Association), and to use the proceeds thereof in the exercise of its powers and duties. (b) To assume all of Developer's and/or its affiliates' responsibilities to the County, and its governmental and quasi - governmental subdivisions and similar entities of any kind with respect to the Condominium Property (including, without limitation, any and all obligations imposed by any permits or approvals issued by the County, all as same may be amended, modified or interpreted from time to time) and, in either such instance, the Association shall indemnify and hold Developer and its affiliates harmless with respect thereto in the event of the Association's failure to fulfill those responsibilities. (c) To buy, accept, own, operate, lease, sell, trade and mortgage both real and personal property in accordance with the provisions of the Declaration. (d) To maintain, repair, replace, reconstruct, add to and operate the Condominium Property and/or Association Property, and other property acquired or leased by the Association. (e) To purchase insurance upon the Condominium Property and Association Property and insurance for the protection of the Association, its officers, directors and Unit Owners. (f) To make and amend reasonable rules and regulations for the maintenance, conservation and use of the Condominium Property and Association Property and for the health, comfort, safety and welfare of the Unit Owners. (g) To approve or disapprove the leasing, transfer, ownership and possession of Units as may be provided by the Declaration. (h) To enforce by legal means the provisions of the Act, the Declaration, these Articles, the By -Laws, and the rules and regulations for the use of the Condominium Property and Association Property. 2 Application No. 140516 -7 Exhibit 5 Page 88 of 154 (i) To contract for the management and maintenance of the Condominium Property and/or Association Property and to authorize a management agent (which may be an affiliate of the Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common Elements and Association Property with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted by the Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. Subject to the provisions of the condominium Act, contracts less than $25,000 may be executed by any manager engaged by the Association pursuant to this paragraph pursuant to direction given by the Board of Directors; contracts in excess of $25,000.00 shall require specific approval of the Board of Directors. (j) To undertake and assume all of the duties and obligations imposed upon Developer and/or binding upon the Condominium Property pursuant to the Reciprocal Easement, Conservation Easement and the Drainage Easement Agreement (all of which are further described in the Declaration of Condominium, and all of which are expressly assumed by the Association). (k) To employ personnel to perform the services required for the proper operation of the Condominium and the Association Property. (1) To execute all documents or consents, on behalf of all Unit Owners (and their mortgagees), required by all governmental and/or quasi - governmental agencies in connection with land use and development matters (including, without limitation, plats, waivers of plat, unities of title, covenants in lieu thereof, etc.), and in that regard, each Unit Owner, by acceptance of the deed to such Owner's Unit, and each mortgagee of a Unit, by acceptance of a lien on said Unit, appoints and designates the President of the Association as such Unit Owner's and mortgagee's agent and attorney -in -fact to execute, any and all such documents or consents (m) To operate, maintain and manage the Surface Water Management System in a manner consistent with the requirements of District Permit No. 50- 04322-P and applicable District rules, and shall assist in the enforcement of the restrictions and covenants contained herein, and to levy and collect adequate assessments against members of the Association for the costs of maintenance and operation of the Surface Water Management System. 5.3 Association Property. All funds and the title to all properties acquired by the Association and their proceeds shall be held for the benefit and use of the members in accordance with the provisions of the Declaration, these Articles and the By -Laws. 3 Application No. 140516 -7 Exhibit 5 Page 89 of 154 5.4 Distribution of Income; Dissolution. The Association shall not pay a dividend to its members and shall make no distribution of income to its members, directors or officers, and upon dissolution, all assets of the Association shall be transferred only to another non - profit corporation or a public agency or as otherwise authorized by the Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes). 5.5 Limitation. The powers of the Association shall be subject to and shall be exercised in accordance with the provisions hereof and of the Declaration, the By- Laws and the Act, provided that in the event of conflict, the provisions of the Act shall control over those of the Declaration and By -Laws. ARTICLE 6 MEMBERS 6.1 Membership. The members of the Association shall consist of all of the record title owners of Units in the Condominium from time to time, and after termination of the Condominium, shall also consist of those who were members at the time of such termination, and their successors and assigns. 6.2 Assignment. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit for which that share is held. 6.3 Voting. On all matters upon which the membership shall be entitled to vote, there shall be only one (1) vote for each Unit. All votes shall be exercised or cast in the manner provided by the Declaration and By -Laws. Any person or entity owning more than one Unit shall be entitled to cast the aggregate number of votes attributable to all Units owned. 6.4 Meetings. The By -Laws shall provide for an annual meeting of members, and may make provision for regular and special meetings of members other than the annual meeting. ARTICLE 7 TERM OF EXISTENCE The Association shall have perpetual existence, unless dissolved in accordance with applicable law. ARTICLE 8 INCORPORATOR The name and address of the Incorporator of this Corporation is: Name Address Thomas F. Carney, Jr., Esq. c/o Carney Stanton P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, FL 33483 4 Application No. 140516 -7 Exhibit 5 Page 90 of 154 ARTICLE 9 OFFICERS The affairs of the Association shall be administered by the officers holding the offices designated in the By -Laws. The officers shall be elected by the Board of Directors of the Association at its first meeting following the annual meeting of the members of the Association and shall serve at the pleasure of the Board of Directors. The By -Laws may provide for the removal from office of officers, for filling vacancies and for the duties and qualifications of the officers. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: President E. Anthony Wilson President 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 Vice President Thomas W. Blank, Esq. Vice President 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 Vice President/ Garrett Graue, Vice President 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 Secretary \Treasurer Shannon Rex Secretary /Treasurer 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 ARTICLE 10 DIRECTORS 10.1 Number and Qualification. The property, business and affairs of the Association shall be managed by a board consisting of the number of directors determined in the manner provided by the By -Laws, but which shall consist of not less than three (3) directors, nor more than five (5) directors. Directors need not be members of the Association. 10.2 Duties and Powers. All of the duties and powers of the Association existing under the Act, the Declaration, these Articles and the By -Laws shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to approval by Unit Owners when such approval is specifically required. 5 Application No. 140516 -7 Exhibit 5 Page 91 of 154 10.3 Election; Removal. Directors of the Association shall be elected at the annual meeting of the members in the manner determined by and subject to the qualifications set forth in the By -Laws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the By -Laws. 10.4 Term of Developer's Directors. The Developer of the Condominium shall appoint the members of the first Board of Directors and their replacements who shall hold office for the periods described in the By -Laws. 10.5 First Directors. The names and addresses of the members of the first Board of Directors who shall hold office until their successors are elected and have taken office, as provided in the By -Laws, are as follows: Name Address E. Anthony Wilson 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 Garrett Graue 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 Shannon Rex 601 N. Congress Avenue, Suite 114 Delray Beach, FL 33445 10.6 Standards. A Director shall discharge his or her duties as a director, including any duties as a member of a Committee: in good faith; with the care an ordinary prudent person in a like position would exercise under similar circumstances; and in a manner reasonably believed to be in the best interests of the Association. Unless a Director has knowledge concerning a matter in question that makes reliance unwarranted, a Director, in discharging his or her duties, may rely on information, opinions, reports or statements, including financial statements and other data, if prepared or presented by: one or more officers or employees of the Association whom the Director reasonably believes to be reasonable and competent in the manners presented; legal counsel, public accountants or other persons as to matters the Director reasonably believes are within the persons' professional or expert competence; or a Committee of which the Director is not a member if the Director reasonably believes the Committee merits confidence. A Director is not liable for any action taken as a director, or any failure to take action, if he performed the duties of his or her office in compliance with the foregoing standards. ARTICLE 11 INDEMNIFICATION 11.1 Indemnitees. The Association shall indemnify any person who was or is a party to any proceeding (other than an action by, or in the right of, the Association) by reason of the fact that he or she is or was a director, officer, employee or agent (each, an "Indemnitee ") of the Association, against liability incurred in connection with such proceeding, including any appeal thereof, if he or she acted in good 6 Application No. 140516 -7 Exhibit 5 Page 92 of 154 faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the Association and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interests of the Association or, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. 11.2 Indemnification. The Association shall indemnify any person, who was or is a party to any proceeding, or any threat of same, by or in the right of the Association to procure a judgment in its favor by reason of the fact that he or she is or was a director, officer, employee, or agent of the Association against expenses and amounts paid in settlement not exceeding, in the judgment of the board of directors, the estimated expense of litigating the proceeding to conclusion, actually and reasonably incurred in connection with the defense or settlement of such proceeding, including any appeal thereof. Such indemnification shall be authorized if such person acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Association, except that no indemnification shall be made under this Article 11 in respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable unless, and only to the extent that, the court in which such proceeding was brought, or any other court of competent jurisdiction, shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. 11.3 Indemnification for Expenses. To the extent that a director, officer, employee, or agent of the Association has been successful on the merits or otherwise in defense of any proceeding referred to in subsection 11.1 or subsection 11.2, or in defense of any claim, issue, or matter therein, he or she shall be indemnified against expenses actually and reasonably incurred by him or her in connection therewith. 11.4 Determination of Applicability. Any indemnification under subsection 11.1 or subsection 11.2, unless pursuant to a determination by a court, shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper under the circumstances because he or she has met the applicable standard of conduct set forth in subsection 11.1 or subsection 11.2. Such determination shall be made: (a) By the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such proceeding; (b) If such a quorum is not obtainable or, even if obtainable, by majority vote of a Committee duly designated by the Board of Directors (in which directors who are parties may participate) consisting solely of two or more Directors not at the time parties to the proceeding; (c) By independent legal counsel: 7 Application No. 140516 -7 Exhibit 5 Page 93 of 154 (i) selected by the Board of Directors prescribed in paragraph 11.4(a) or the committee prescribed in paragraph 11.4(b); or (ii) if a quorum of the Directors cannot be obtained for paragraph 11.4(a) and the Committee cannot be designated under paragraph 11.4(b), selected by majority vote of the full Board of Directors (in which Directors who are parties may participate); or (d) By a majority of the voting interests of the members of the Association who were not parties to such proceeding. 11.5 Determination Regarding Expenses. Evaluation of the reasonableness of expenses and authorization of indemnification shall be made in the same manner as the determination that indemnification is permissible. However, if the determination of permissibility is made by independent legal counsel, persons specified by paragraph 11.4(c) shall evaluate the reasonableness of expenses and may authorize indemnification. 11.6 Advancing Expenses. Expenses incurred by an officer or director in defending a civil or criminal proceeding, or any threat of same, may be paid by the Association in advance of the final disposition of such proceeding upon receipt of an undertaking by or on behalf of such director or officer to repay such amount if he is ultimately found not to be entitled to indemnification by the Association pursuant to this section. Expenses incurred by other employees and agents may be paid in advance upon such terms or conditions that the Board of Directors deems appropriate. 11.7 Exclusivity; Exclusions. The indemnification and advancement of expenses provided pursuant to this section are not exclusive, and the Association may make any other or further indemnification or advancement of expenses of any of its directors, officers, employees, or agents, under any bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office. However, indemnification or advancement of expenses shall not be made to or on behalf of any director, officer, employee, or agent if a judgment or other final adjudication establishes that his or her actions, or omissions to act, were material to the cause of action so adjudicated and constitute: (a) A violation of the criminal law, unless the director, officer, employee, or agent had reasonable cause to believe his or her conduct was lawful or had no reasonable cause to believe his or her conduct was unlawful; (b) A transaction from which the director, officer, employee, or agent derived an improper personal benefit; or (c) Willful misconduct or a conscious disregard for the best interests of the Association in a proceeding by or in the right of the Association to procure a judgment in its favor or in a proceeding by or in the right of the members of the Association. 8 Application No. 140516 -7 Exhibit 5 Page 94 of 154 11.8 Continuing Effect. Indemnification and advancement of expenses as provided in this Article 11 shall continue, unless otherwise provided when authorized or ratified, to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person, unless otherwise provided when authorized or ratified. 11.9 Application to Court. Notwithstanding the failure of the Association to provide indemnification, and despite any contrary determination of the Board or of the members in the specific case, a director, officer, employee, or agent of the Association who is or was a party to a proceeding may apply for indemnification or advancement of expenses, or both, to the court conducting the proceeding, to the circuit court, or to another court of competent jurisdiction. On receipt of an application, the court, after giving any notice that it considers necessary, may order indemnification and advancement of expenses, including expenses incurred in seeking court- ordered indemnification or advancement of expenses, if it determines that: (a) The director, officer, employee, or agent is entitled to mandatory indemnification under subsection 11.3, in which case the court shall also order the Association to pay the director reasonable expenses incurred in obtaining court- ordered indemnification or advancement of expenses; (b) The director, officer, employee, or agent is entitled to indemnification or advancement of expenses, or both, by virtue of the exercise by the Association of its power pursuant to subsection 11.7; or (c) The director, officer, employee, or agent is fairly and reasonably entitled to indemnification or advancement of expenses, or both, in view of all the relevant circumstances, regardless of whether such person met the standard of conduct set forth in subsection 11.1, subsection 11.2, or subsection 11.7, unless (a) a court of competent jurisdiction determines, after all available appeals have been exhausted or not pursued by the proposed indemnitee, that he or she did not act in good faith or acted in a manner he or she reasonably believed to be not in, or opposed to, the best interest of the Association, and, with respect to any criminal action or proceeding, that he or she had reasonable cause to believe his or her conduct was unlawful, and (b) such court further specifically determines that indemnification should be denied. The termination of any proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith or did act in a manner which he or she reasonably believed to be not in, or opposed to, the best interest of the Association, and, with respect to any criminal action or proceeding, that he or she had reasonable cause to believe that his or her conduct was unlawful. 11.10 Definitions. For purposes of this Article 11, the term "expenses" shall be deemed to include attorneys' fees and related "out -of- pocket" expenses, including those for any appeals; the term "liability" shall be deemed to include obligations to pay a judgment, settlement, penalty, fine, and expenses actually and reasonably 9 Application No. 140516 -7 Exhibit 5 Page 95 of 154 incurred with respect to a proceeding; the term "proceeding" shall be deemed to include any threatened, pending, or completed action, suit, or other type of proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal; and the term "agent" shall be deemed to include a volunteer; the term "serving at the request of the Association" shall be deemed to include any service as a director, officer, employee or agent of the Association that imposes duties on, and which are accepted by, such persons. 11.11 Effect. The indemnification provided by this Article 11 shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any applicable law, agreement, vote of members or otherwise. 11.12 Amendment. Anything to the contrary herein notwithstanding, no amendment to the provisions of this Article 11 shall be applicable as to any party eligible for indemnification hereunder who has not given his or her prior written consent to such amendment. ARTICLE 12 BY -LAWS The first By -Laws of the Association shall be adopted by the Board of Directors and may be altered, amended or rescinded in the manner provided in the By -Laws and the Declaration. ARTICLE 13 AMENDMENTS Amendments to these Articles shall be proposed and adopted in the following manner: 13.1 Notice. Notice of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered and shall be otherwise given in the time and manner provided in Chapter 617, Florida Statutes. Such notice shall contain the proposed amendment or a summary of the changes to be affected thereby. 13.2 Adoption. Amendments shall be proposed and adopted in the manner provided in Chapter 617, Florida Statutes and in the Act (the latter to control over the former to the extent provided for in the Act). 13.3 Limitation. No amendment shall make any changes in the qualifications for membership, nor in the voting rights or property rights of members, nor any changes in Subsections 5.3, 5.4 or 5.5 above, without the approval in writing of all members and the joinder of all record owners of mortgages upon Units. No amendment shall be made that is in conflict with the Act, the Declaration or the By -Laws, nor shall any amendment make any changes which would in any way affect any of the rights, privileges, powers or options herein provided in favor of or reserved to the Developer and/or Institutional First Mortgagees, unless the Developer and/or the Institutional First Mortgagees, as applicable, shall join in the execution of the amendment. No amendment to this paragraph 13.3 shall be effective. 10 Application No. 140516 -7 Exhibit 5 Page 96 of 154 13.4 Developer Amendments. Notwithstanding anything herein contained to the contrary, to the extent lawful, the Developer may amend these Articles consistent with the provisions of the Declaration allowing certain amendments to be effected by the Developer alone. 13.5 Recording. A copy of each amendment shall be filed with the Secretary of State pursuant to the provisions of applicable Florida law, and a copy certified by the Secretary of State shall be recorded in the public records of Palm Beach County, Florida with an identification on the first page thereof of the book and page of said public records where the Declaration was recorded which contains, as an exhibit, the initial recording of these Articles. ARTICLE 14 INITIAL REGISTERED OFFICE; ADDRESS AND NAME OF REGISTERED AGENT The initial registered office of this corporation shall be at 601 North Congress Avenue, Suite 114, Delray Beach, FL 33444 with the privilege of having its office and branch offices at other places within or without the State of Florida. IN WITNESS WHEREOF, the Incorporator has affixed his signature this day of , 20 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED In compliance with the laws of Florida, the following is submitted: First -- That desiring to organize under the laws of the State of Florida with its principal office, as indicated in the foregoing articles of incorporation, in the County of Palm Beach, State of Florida, the Association named in the said articles has named E. Anthony Wilson, located at 601 North Congress Avenue, Suite 114, Delray Beach, FL 33445, as its statutory registered agent. Having been named the statutory agent of said Association at the place designated in this certificate, I am familiar with the obligations of that position, and hereby accept the same and agree to act in this capacity, and agree to comply with the provisions of Florida law relative to keeping the registered office open. 11 Application No. 140516 -7 Exhibit 5 Page 97 of 154 Dated this day of , 20 12 Application No. 140516 -7 Exhibit 5 Page 98 of 154 BY -LAWS OF 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC. A corporation not for profit organized under the laws of the State of Florida 1. Identity. These are the By -Laws of 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC. (the "Association "), a corporation not for profit incorporated under the laws of the State of Florida, and organized for the purposes set forth in its Articles of Incorporation. 1.1 Fiscal Year. The fiscal year of the Association shall be the twelve month period commencing January 1st and terminating December 31st of each year. The provisions of this Subsection 1.1 may be amended at any time by a majority of the Board of Directors of the Association. 1.2 Seal. The seal of the Association shall bear the name of the corporation, the word "Florida ", the words "Corporation Not for Profit ", and the year of incorporation. 2. Definitions. For convenience, these By -Laws shall be referred to as the "By- Laws" and the Articles of Incorporation of the Association as the "Articles ". The other terms used in these By -Laws shall have the same definitions and meanings as those set forth in the Declaration for 3200 SOUTH OCEAN, A SEAGATE CONDOMINIUM, unless herein provided to the contrary, or unless the context otherwise requires. 3. Members. 3.1 Annual Meeting. An annual members' meeting shall be held on the date, at the place and at the time determined by the Board of Directors from time to time, provided that there shall be an annual meeting every calendar year (but not later than April 30), and the location of the annual meeting shall be within 45 miles of the Condominium Property. The purpose of the meeting shall be, except as provided herein to the contrary, to elect Directors, and to transact any other business authorized to be transacted by the members, or as stated in the notice of the meeting sent to Unit Owners in advance thereof. 3.2 Special Meetings. Special members' meetings shall be held at such places as provided herein for annual meetings, and may be called by the President or by a majority of the Board of Directors of the Association, and must be called by the President or Secretary upon receipt of a written request from a majority of the members of the Association. The business conducted at a special meeting shall be limited to those agenda items specifically identified in the notice of the meeting. Special meetings may also be called by Unit Owners in the manner provided for in Application No. 140516 -7 Exhibit 5 Page 99 of 154 the Act. Notwithstanding the foregoing: (i) as to special meetings regarding the adoption of the Condominium's estimated operating budget, reference should be made to Section 12.1 of these By -Laws; and (ii) as to special meetings regarding recall of Board members, reference should be made to Section 4.3 of these By- Laws. 3.3 Participation by Unit Owners. Subject to the following and such further reasonable restrictions as may be adopted from time to time by the Board, Unit Owners shall have the right to speak at the annual and special meetings of the Unit Owners, committee meetings and Board meetings with reference to all designated agenda items. A Unit Owner does not have the right to speak with respect to items not specifically designated on the agenda, provided, however, that the Board may permit a Unit Owner to speak on such items in its discretion. Every Unit Owner who desires to speak at a meeting, may do so, provided that the Unit Owner has filed a written request with the Secretary of the Association not less than 24 hours prior to the scheduled time for commencement of the meeting. Unless waived by the chairman of the meeting (which may be done in the chairman's sole and absolute discretion and without being deemed to constitute a waiver as to any other subsequent speakers), all Unit Owners speaking at a meeting shall be limited to no more and no less than three (3) minutes per speaker. Any Unit Owner may tape record or videotape a meeting, subject to the following and such further reasonable restrictions as may be adopted from time to time by the Board: (a) The only audio and video equipment and devices which Unit Owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions; (b) Audio and video equipment shall be assembled and placed in position in advance of the commencement of the meeting; (c) Anyone videotaping or recording a meeting shall not be permitted to move about the meeting room in order to facilitate the recording; and (d) At least 48 hours (or 24 hours with respect to a Board meeting) prior written notice shall be given to the Secretary of the Association by any Unit Owner desiring to make an audio or video taping of the meeting. 3.4 Notice of Meeting; Waiver of Notice. Notice of a meeting of members (annual or special), stating the time and place and the purpose(s) for which the meeting is called, shall be given by the President or Secretary. A copy of the notice shall be posted at a conspicuous place on the Condominium Property. The notice of an annual or special meeting shall be hand delivered, electronically transmitted or sent by regular mail to each Unit Owner, unless the Unit Owner waives in writing the right to receive notice of the annual meeting by mail. The delivery or mailing shall be to the address of the member as last furnished to the Association by the Unit Owner. However, if a Unit is owned by more than one person, the Association shall provide notice, for meetings and all other purposes, to that one address initially Application No. 140516 -7 Exhibit 5 Page 100 of 154 identified for that purpose by the Developer and thereafter as one or more of the Owners of the Unit shall so advise the Association in writing, or if no address is given or if the Owners disagree, notice shall be sent to the address for the Owner as set forth on the deed of the Unit. The posting and mailing of the notice for either special or annual meetings (other than election meetings), which notice shall incorporate an identification of agenda items, shall be effected not less than fourteen (14) continuous days prior to the date of the meeting. The Board shall adopt by rule, and give notice to Unit Owners of, a specific location on the Condominium Property upon which all notices of members' meetings shall be posted. In lieu of or in addition to the physical posting of notice of any meeting of the Unit Owners on the Condominium Property, the Association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed- circuit cable television system serving the Association, if any. However, if broadcast notice is used in lieu of a notice posted physically on the Condominium Property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. Notice of specific meetings may be waived before or after the meeting and the attendance of any member (or person authorized to vote for such member), either in person or by proxy, shall constitute such member's waiver of notice of such meeting, and waiver of any and all objections to the place of the meeting, the time of the meeting or the manner in which it has been called or convened, except when his (or his authorized representative's) attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called. An officer of the Association, or the manager or other person providing notice of the meeting shall provide an affidavit or United States Postal Service certificate of mailing, to be included in the official records of the Association, affirming that notices of meetings were posted and mailed or hand delivered in accordance with this Section and Section 718.112(2)(d) of the Act, to each Unit Owner at the appropriate address for such Unit Owner. No other proof of notice of a meeting shall be required. 3.5 Quorum. A quorum at members' meetings shall be attained by the presence, either in person or by proxy (limited or general), of persons entitled to cast in excess of 50% of the votes of members entitled to vote at the subject meeting. 3.6 Voting. Application No. 140516 -7 Exhibit 5 Page 101 of 154 (a) Number of Votes. In any meeting of members, the Owners of each Unit shall be entitled to cast the number of votes designated for their Unit as set forth in the Articles. The vote of a Unit shall not be divisible. (b) Majority Vote. The acts approved by a majority of the votes present in person or by proxy at a meeting at which a quorum shall have been attained shall be binding upon all Unit Owners for all purposes, except where otherwise provided by law, the Declaration, the Articles or these By -Laws. As used in these By -Laws, the Articles or the Declaration, the terms "majority of the Unit Owners" and "majority of the members" shall mean a majority of the votes entitled to be cast by the members and not a majority of the members themselves and shall further mean more than 50% of the then total authorized votes present in person or by proxy and voting at any meeting of the Unit Owners at which a quorum shall have been attained. Similarly, if some greater percentage of members is required herein or in the Declaration or Articles, it shall mean such greater percentage of the votes of members and not of the members themselves. (c) Voting Member. If a Unit is owned by one person, that person's right to vote shall be established by the roster of members. If a Unit is owned by more than one person, those persons (including husbands and wives) shall decide among themselves as to who shall cast the vote of the Unit. In the event that those persons cannot so decide, no vote shall be cast. A person casting a vote for a Unit shall be presumed to have the authority to do so unless the President or the Board of Directors is otherwise notified. If a Unit is owned by a corporation, partnership, limited liability company, trust or any other lawful entity, the person entitled to cast the vote for the Unit shall be designated by a certificate signed by persons having lawful authority to bind the corporation, partnership, limited liability company, trust or other lawful entity and filed with the Secretary of the Association. Such person need not be a Unit Owner. Those certificates shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the Unit concerned. A certificate designating the person entitled to cast the vote for a Unit may be revoked by any record owner of an undivided interest in the Unit. If a certificate designating the person entitled to cast the vote for a Unit for which such certificate is required is not on file or has been revoked, the vote attributable to such Unit shall not be considered in determining whether a quorum is present, nor for any other purpose, and the total number of authorized votes in the Association shall be reduced accordingly until such certificate is filed. 3.7 Proxies. Votes to be cast at meetings of the Association membership may be cast in person or by proxy. Except as specifically provided herein, Unit Owners may not vote by general proxy, but may vote by limited proxies substantially conforming to the limited proxy form approved by the Division. No voting interest or consent right allocated to a Unit owned by the Association shall be exercised or considered Application No. 140516 -7 Exhibit 5 Page 102 of 154 for any purpose, whether for a quorum, an election, or otherwise. Limited proxies shall be permitted to the extent permitted by the Act. No proxy, limited or general, shall be used in the election of Board members. General proxies may be used for other matters for which limited proxies are not required and may also be used in voting for nonsubstantive changes to items for which a limited proxy is required and given. A proxy may be made by any person entitled to vote, but shall only be valid for the specific meeting for which originally given and any lawful adjourned meetings thereof. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the person executing it. A proxy must be in writing, signed by the person authorized to cast the vote for the Unit (as above described), name the person(s) voting by proxy and the person authorized to vote for such person(s) and filed with the Secretary before the appointed time of the meeting, or before the time to which the meeting is adjourned. Each proxy shall contain the date, time and place of the meeting for which it is given and, if a limited proxy, shall set forth the matters on which the proxy holder may vote and the manner in which the vote is to be cast. There shall be no limitation on the number of proxies which may be held by any person (including a designee of the Developer). If a proxy expressly provides, any proxy holder may appoint, in writing, a substitute to act in its place. If such provision is not made, substitution is not permitted. 3.8 Adjourned Meetings. If any proposed meeting cannot be organized because a quorum has not been attained, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present, provided notice of the newly scheduled meeting is given in the manner required for the giving of notice of a meeting. 3.9 Order of Business. If a quorum has been attained, the order of business at annual members' meetings, and, if applicable, at other members' meetings, shall be: (a) Collect any ballots not yet cast; (b) Call to order by President; (c) The President shall act as Chairman of the meeting. In lieu thereof, the President may appoint a member of the board of directors to act as chairman of the meeting; (d) Appointment of inspectors of election; (e) Counting of Ballots for Election of Directors; (f) Proof of notice of the meeting or waiver of notice; (g) Reading of minutes; Application No. 140516 -7 Exhibit 5 Page 103 of 154 (h) Reports of officers; (1) Reports of committees; (j) Unfinished business; (k) New business; (1) Adjournment. Such order may be waived in whole or in part by direction of the chairman. 3.10 Minutes of Meeting. The minutes of all meetings of Unit Owners shall be kept in a book available for inspection by Unit Owners or their authorized representatives and Board members at any reasonable time. The Association shall retain these minutes for a period of not less than seven (7) years. 3.11 Action Without A Meeting. Anything to the contrary herein notwithstanding, to the extent lawful, any action required or which may be taken at any annual or special meeting of members, may be taken without a meeting, without prior notice and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members (or persons authorized to cast the vote of any such members as elsewhere herein set forth) having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting of members at which all members (or authorized persons) entitled to vote thereon were present and voted. In order to be effective, the action must be evidenced by one or more written consents describing the action taken, dated and signed by approving members having the requisite number of votes and entitled to vote on such action, and delivered to the Secretary of the Association, or other authorized agent of the Association. Written consent shall not be effective to take the corporate action referred to in the consent unless signed by members having the requisite number of votes necessary to authorize the action within sixty (60) days of the date of the earliest dated consent and delivered to the Association as aforesaid. Any written consent may be revoked prior to the date the Association receives the required number of consents to authorize the proposed action. A revocation is not effective unless in writing and until received by the Secretary of the Association, or other authorized agent of the Association. Within ten (10) days after obtaining such authorization by written consent, notice must be given to members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. A consent signed in accordance with the foregoing has the effect of a meeting vote and may be described as such in any document. 4. Directors. 4.1 Membership. The affairs of the Association shall be governed by a Board initially consisting of no less than three (3) members, but which may be expanded from time to time as determined by the Board. Directors must be natural persons who are 18 Application No. 140516 -7 Exhibit 5 Page 104 of 154 years of age or older. A person who has been suspended or removed by the Division under Chapter 718, or who is more than 90 days delinquent in the payment of any monetary obligation to the Association is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for Board membership unless such felon's civil rights have been restored for a period of at least 5 years as of the date on which such person seeks election to the Board (provided, however, that the validity of any Board action is not affected if it is later determined that a member of the Board is ineligible for Board membership due to having been convicted of a felony). In a Condominium Association of more than ten (10) units or in a condominium association that does not include timeshare units or timeshare interests, co- owners of a Unit may not serve as members of the Board of directors at the same time unless they own more than one Unit or unless there are not enough eligible candidates to fill the vacancies on the Board at the time of the vacancy. Directors may not vote at Board meetings by proxy or by secret ballot. 4.2 Election of Directors. Election of Directors shall be held at the annual members' meeting, except as herein provided to the contrary. At least 60 days before a scheduled election, the Association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each Unit Owner entitled to a vote, a first notice of the date of the election. Any Unit Owner or other eligible person desiring to be a candidate for the Board shall give written notice to the Secretary of the Association of his or her intent to be a candidate at least forty (40) days prior to the scheduled election. Together with the notice of meeting and agenda sent in accordance with Section 3.4 above, the Association shall then, mail, deliver or electronically transmit a second notice of the meeting, not less than fourteen (14) continuous days prior to the date of the meeting, to all Unit Owners entitled to vote therein, together with a ballot that lists all candidates. Upon request of a candidate, an information sheet, no larger than 8-1/2 inches by 11 inches furnished by the candidate, which must be furnished by the candidate to the Association at least thirty five (35) days before the election, must be included with the mailing, delivery or electronic transmission of the ballot, with the costs of mailing or delivery and copying to be borne by the Association. The Association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the Association may print or duplicate the information sheets on both sides of the paper. The election of directors shall be by written ballot. Proxies may not be used in electing the Board at general elections or to fill vacancies caused by resignation or otherwise, provided, however, that limited proxies may be used to fill a vacancy resulting from the recall of a director, in the manner provided by the rules of the Division. Elections shall be decided by a plurality of those ballots and votes cast. There is no quorum requirement, however at least 20 percent of the eligible voters Application No. 140516 -7 Exhibit 5 Page 105 of 154 must cast a ballot in order to have a valid election of members of the Board. There shall be no cumulative voting. A unit owner shall not permit any other person to vote his or her ballot, and any ballots improperly cast are deemed invalid, provided any Unit Owner who violates this provision may be fined by the Association in accordance with Section 718.303, F.S.. A Unit Owner who needs assistance in casting the ballot for the reasons stated in Section 101.051, F.S. may obtain such assistance. The regular election must occur on the date of the annual meeting. Notwithstanding anything contained herein to the contrary, if and to the extent a vacancy occurs on the Board and/or additional Directors are to be elected in accordance herewith, the Board may, in its sole and absolute discretion, hold a meeting to elect the Directors prior to the annual meeting. Within 90 days after being elected or appointed to the Board, each newly elected or appointed Director shall certify in writing to the Secretary of the Association that he or she has read the Association's Declaration of Condominium, Articles of Incorporation, Bylaws and current written policies; that he or she will work to uphold such document and policies to the best of his or her abilities; and that he or she will faithfully discharge his or her fiduciary responsibility to the Association's members. In lieu of this written certification, the newly elected or appointed Director may submit a certificate of satisfactory completion of the educational curriculum administered by a Division - approved condominium education provider. A Director who fails to timely file the written certification or education certificate is suspended from service on the Board until he or she complies with the above referenced requirement. The Board may temporarily fill the vacancy during the period of suspension. The Secretary shall cause the Association to retain a Director's written certification or educational certificate for inspection by the Members for 5 years after a Director's election. Failure to have such written certification or educational certificate on file does not effect the validity of any action. Notwithstanding the provisions of this Section 4.2, an election is not required unless more candidates file notices of intent to run than vacancies exist on the Board. 4.3 Vacancies and Removal. (a) Except as to vacancies resulting from removal of Directors by members (as addressed in subsection (b) below), vacancies in the Board of Directors occurring between annual meetings of members shall be filled by a majority vote of the remaining Directors at any Board meeting (even if the remaining Directors constitute less than a quorum), with the replacement Director serving the balance of the term of the vacating Board member, provided that all vacancies in directorships to which Directors were appointed by the Developer pursuant to the provisions of paragraph 4.15 hereof shall be filled by the Developer. Application No. 140516 -7 Exhibit 5 Page 106 of 154 (b) Subject to the provisions of Section 718.301, F.S., any Director elected by the members (other than the Developer) may be recalled and removed with or without cause by concurrence of a majority of the voting interests of the members at a special meeting of members called for that purpose or by written agreement signed by a majority of all voting interests. The vacancy in the Board of Directors so created shall be filled by the members at a special meeting of the members called for such purpose, or by the Board of Directors, in the case of removal by a written agreement unless said agreement also designates a new Director to take the place of the one removed. A special meeting of the Unit Owners to recall a member or members of the Board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of Unit Owners, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting in whole or in part for this purpose. The conveyance of all Units owned by a Director in the Condominium (other than appointees of the Developer or Directors who were not Unit Owners) shall constitute the resignation of such Director. (c) Anything to the contrary herein notwithstanding, until a majority of the Directors are elected by members other than the Developer of the Condominium, neither the first Directors of the Association, nor any Directors replacing them, nor any Directors named by the Developer, shall be subject to removal by members other than the Developer. The first Directors and Directors replacing them may be removed and replaced by the Developer. (d) If a vacancy on the Board of Directors results in the inability to obtain a quorum of directors in accordance with these By -Laws, and the remaining Directors fail to fill the vacancy by appointment of a director in accordance with applicable law, then any Owner may apply to the Circuit Court within whose jurisdiction the Condominium lies for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to the petition seeking receivership, the form of notice set forth in Section 718.1124, F.S. must be provided by the Unit Owner to the Association by certified mail or personal delivery, must be posted in a conspicuous place on the Condominium Property and must be provided by the Unit Owner to every other Unit Owner of the Association by certified mail or personal delivery. Notice by mail to a Unit Owner shall be sent to the address used by the county property appraiser for notice to the Unit Owner, except that where a Unit Owner's address is not publicly available the notice shall be mailed to the Unit. If, during such time, the Association fails to fill the vacancy(ies), the Unit Owner may proceed with the petition. If a receiver is appointed, all Unit Owners shall be given written notice of such appointment as provided in Section 718.127, F.S. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs Application No. 140516 -7 Exhibit 5 Page 107 of 154 and attorneys' fees. The receiver shall have all powers and duties of a duly constituted Board of Directors, and shall serve until the Association fills the vacancy(ies) on the Board sufficient to constitute a quorum in accordance with these By -Laws and the court relieves the receiver of the appointment. 4.4 Term. Except as provided herein to the contrary, the term of each Director's service shall extend until the next annual meeting of the members and shall expire at the annual meeting where the member may stand for reelection. If the number of Board Members whose terms have expired exceeds the number of eligible members showing interest in or demonstrating an intention to run for the vacant positions, each Board Member whose term has expired is eligible for reappointment pursuant to the terms of Section 718.112(2)(d)1. Notwithstanding the foregoing, any Director designated by the Developer shall serve at the pleasure of the Developer and may be removed and replaced by the Developer at any time. 4.5 Organizational Meeting. The organizational meeting of newly- elected or appointed Directors shall be held, if practicable, immediately following the meeting where said newly - elected or appointed Directors are elected or appointed, but no later than ten (10) days of their election or appointment. The Directors calling the organizational meeting shall give at least three (3) days advance notice thereof, stating the time and place of the meeting. 4.6 Meetings. Meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors. Meetings of the Board of Directors may be held by telephone conference, with those Directors attending by telephone counted toward the quorum requirement, provided that a telephone speaker must be used so that the conversation of those Directors attending by telephone may be heard by the Directors and any Unit Owners attending such meeting in person. Notice of meetings shall be given to each Director, personally or by mail, telephone or telegraph, and shall be transmitted at least three (3) days prior to the meeting. Meetings of the Board of Directors and any Committee thereof at which a quorum of the members of that Committee are present shall be open to all Unit Owners. Any Unit Owner may tape record or videotape meetings of the Board, in accordance with the rules of the Division. The right to attend such meetings includes the right to speak at such meetings with respect to all designated agenda items. The Board may adopt reasonable rules governing the frequency, duration and manner of Unit Owner statements. Adequate notice of such meetings, which notice shall specifically incorporate an identification of agenda items, shall be posted conspicuously on the Condominium Property at least forty-eight (48) continuous hours preceding the meeting, except in the event of an emergency. If twenty percent (20 %) of the voting interests petition the Board to address an item of business, the Board shall at its next regular Board meeting or at a special meeting of the Board, but not later than 60 days after the receipt of petition, place the item on the agenda. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the members of the Board. Such emergency action shall be noticed and ratified at the Application No. 140516 -7 Exhibit 5 Page 108 of 154 next regular meeting of the Board. Notwithstanding the foregoing, written notice of any meeting of the Board at which nonemergency special assessments, or at which amendment to rules regarding unit use will be proposed, discussed or approved, shall be mailed, delivered or electronically transmitted to all Unit Owners and posted conspicuously on the Condominium Property not less than fourteen (14) continuous days prior to the meeting. Evidence of compliance with this fourteen (14) continuous day notice shall be made by an affidavit executed by the Secretary of the Association and filed among the official records of the Association. The Board shall adopt by rule, and give notice to Unit Owners of, a specific location on the Condominium Property upon which all notices of Board and/or Committee meetings shall be posted. In lieu of or in addition to the physical posting of notice of any meeting of the Board on the Condominium Property, the Association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed- circuit cable television system serving the Association, if any. However, if broadcast notice is used in lieu of a notice posted physically on the Condominium Property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. Special meetings of the Directors may be called by the President, and must be called by the President or Secretary at the written request of one -third (1/3) of the Directors or where required by the Act. A Director or member of a Committee of the Board of Directors may submit in writing his or her agreement or disagreement with any action taken at a meeting that such individual did not attend. This agreement or disagreement may not be used for purposes of creating a quorum. A Director of the Association who abstains from voting on any action taken on any corporate matter shall be presumed to have taken no position with regard to such action. A vote or abstention for each member present shall be recorded in the minutes. Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot. 4.7 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting and that waiver shall be deemed equivalent to the due receipt by said Director of notice. Attendance by any Director at a meeting shall constitute a waiver of notice of such meeting, and a waiver of any and all objections to the place of the meeting, to the time of the meeting or the manner in which it has been called or convened, except when a Director states at the beginning of the meeting, or promptly upon arrival at the meeting, any objection to the transaction of affairs because the meeting is not lawfully called or convened. 4.8 Quorum. A quorum at Directors' meetings shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors is specifically required by the Declaration, the Articles or these By -Laws. Application No. 140516 -7 Exhibit 5 Page 109 of 154 4.9 Adjourned Meetings. If, at any proposed meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present, provided notice of such newly scheduled meeting is given as required hereunder. At any newly scheduled meeting, any business that might have been transacted at the meeting as originally called may be transacted as long as notice of such business to be conducted at the rescheduled meeting is given, if required (e.g., with respect to budget adoption). 4.10 Joinder in Meeting by Approval of Minutes. The joinder of a Director in the action of a meeting by signing and concurring in the minutes of that meeting shall constitute the approval of that Director of the business conducted at the meeting, but such joinder shall not be used as a vote for or against any particular action taken and shall not allow the applicable Director to be counted as being present for purposes of quorum. 4.11 Presiding Officer. The presiding officer at the Directors' meetings shall be the President (who may, however, designate any other Board Member to preside). 4.12 Order of Business. If a quorum has been attained, the order of business at Directors' meetings shall be: (a) Proof of due notice of meeting; (b) Reading and disposal of any unapproved minutes; (c) Reports of officers and committees; (d) Election of officers; (e) Unfinished business; (f) New business; (g) Adjournment. Such order may be waived in whole or in part by direction of the presiding officer. 4.13 Minutes of Meetings. The minutes of all meetings of the Board of Directors shall be kept in a book available for inspection by Unit Owners, or their authorized representatives, and Board members at any reasonable time. The Association shall retain these minutes for a period of not less than seven years. 4.14 Committees. The Board may by resolution also create Committees and appoint persons to such Committees and vest in such Committees such powers and responsibilities as the Board shall deem advisable. 4.15 Proviso. Notwithstanding anything to the contrary contained in this Section 4 or otherwise, the Board shall consist of three directors during the period that the Application No. 140516 -7 Exhibit 5 Page 110 of 154 Developer is entitled to appoint a majority of the Directors, as hereinafter provided. The Developer shall have the right to appoint all of the members of the Board of Directors until Unit Owners other than the Developer own fifteen percent (15 %) or more of the Units in the Condominium. If Unit Owners other than the Developer own fifteen percent (15 %) or more of the Units in the Condominium that will be operated ultimately by the Association, the Unit Owners other than the Developer are entitled to elect one -third (1/3) of the members of the Board of Directors. Upon the election of such director(s), the Developer shall forward to the Division of Florida Condominiums, Timeshares and Mobile Homes the name and mailing address of the director(s) elected. Unit Owners other than the Developer are entitled to elect at least a majority of the members of the Board of Directors: (a) three years after fifty (50 %) percent of the Units that will be operated ultimately by the Association have been conveyed to purchasers; (b) three months after ninety (90 %) percent of the Units that will be operated ultimately by the Association have been conveyed to purchasers; (c) when all of the Units that will be operated ultimately by the Association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the Developer in the ordinary course of business; (d) when some of the Units have been conveyed to purchasers, and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business; (e) when the Developer files a petition seeking protection in bankruptcy; (f) when a receiver for the Developer is appointed by a circuit court and is not discharged within 30 days after such appointment, unless the court determines within 30 days after the appointment of the receiver that transfer of control would be detrimental to the Association or its Members; or (g) seven (7) years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first. The Developer is entitled (but not obligated) to elect at least one (1) member of the Board of Directors as long as the Developer holds for sale in the ordinary course of business five percent (5 %) of the Units that will be operated ultimately by the Association. The Developer may transfer control of the Association to Unit Owners other than the Developer prior to such dates in its sole discretion by causing enough of its appointed Directors to resign (without re- appointment), whereupon it shall be the affirmative obligation of Unit Owners other than the Developer to elect Directors and assume control of the Association. Provided at least sixty (60) days' notice of Developer's decision to cause its appointees to resign is given to Unit Owners, neither the Developer, nor such appointees, shall be liable in any manner in connection with such resignations even if the Unit Owners other than the Developer refuse or fail to assume control. Within seventy -five (75) days after the Unit Owners other than the Developer are entitled to elect a member or members of the Board of Directors, or sooner if the Developer has elected to accelerate such event as aforesaid, the Association shall Application No. 140516 -7 Exhibit 5 Page 111 of 154 call, and give at least sixty (60) days' notice of an election for the member or members of the Board of Directors. The notice may be given by any Unit Owner if the Association fails to do so. At the time the Unit Owners other than the Developer elect a majority of the members of the Board of Directors of the Association, the Developer shall relinquish control of the Association and such Unit Owners shall accept control. At that time (except as to subparagraph (g), which may be ninety (90) days thereafter) Developer shall deliver to the Association, at Developer's expense, all property of the Unit Owners and of the Association held or controlled by the Developer, including, but not limited to, the following items, if applicable to the Condominium: (a) The original or a photocopy of the recorded Declaration of Condominium, and all amendments thereto. If a photocopy is provided, the Developer must certify by affidavit that it is a complete copy of the actual recorded Declaration. (b) A certified copy of the Articles of Incorporation of the Association. (c) A copy of the By -Laws of the Association. (d) The minute book, including all minutes, and other books and records of the Association. (e) Any rules and regulations which have been adopted. (f) Resignations of resigning officers and Board members who were appointed by the Developer. (g) The financial records, including financial statements of the association, and source documents from the incorporation of the Association through the date of the turnover. The records shall be audited for the period from the incorporation of the Association or from the period covered by the last audit, if applicable, by an independent certified public accountant. All financial statements shall be prepared in accordance with generally accepted accounting principles and shall be audited in accordance with generally accepted auditing standards as prescribed by the Florida Board of Accountancy. The accountant performing the audit shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for Association purposes, and billings, cash receipts and related records to determine that the Developer was charged and paid the proper amounts of Assessments. (h) Association funds or the control thereof. Application No. 140516 -7 Exhibit 5 Page 112 of 154 (1) All tangible personal property that is the property of the Association or is or was represented by the Developer to be part of the Common Elements or is ostensibly part of the Common Elements, and an inventory of such property. Q) A copy of the plans and specifications utilized in the construction or remodeling of Improvements and the supplying of equipment, and for the construction and installation of all mechanical components serving the Improvements and the Condominium Property, with a certificate, in affidavit form, of an officer of the Developer or an architect or engineer authorized to practice in Florida, that such plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the Condominium Property and the construction and installation of the mechanical components serving the Improvements and the Condominium Property. (k) A list of the names and addresses of all contractors, subcontractors and suppliers, of which Developer had knowledge at any time in the development of the Condominium, utilized in the construction or remodeling of the improvements and the landscaping of the Condominium and/or Association Property. (1) Insurance policies. (m) Copies of any Certificates of Occupancy which may have been issued for the Condominium Property. (n) Any other permits issued by governmental bodies applicable to the Condominium Property in force or issued within one (1) year prior to the date the Unit Owners take control of the Association. (o) All written warranties of contractors, subcontractors, suppliers and manufacturers, if any, that are still effective. (p) A roster of Unit Owners and their addresses and telephone numbers, if known, as shown on the Developer's records. (q) Leases of the Common Elements and other leases to which the Association is a party, if applicable. (r) Employment contracts or service contracts in which the Association is one of the contracting parties, or service contracts in which the Association or Unit Owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person or persons performing the service. Application No. 140516 -7 Exhibit 5 Page 113 of 154 (s) All other contracts to which the Association is a party. (t) A report included in the official records, under seal of an architect or engineer authorized to practice in Florida, attesting to required maintenance, useful life, and replacement costs of the following applicable common elements comprising a turnover inspection report: (1) Roof (ii) Structure (iii) Fireproofing and fire protection systems. (iv) Elevators (v) Heating and cooling systems (vi) Plumbing (vii) Electrical systems (viii) Swimming pool or spa and equipment (ix) Seawalls (x) Pavement and parking areas (xi) Drainage Systems (xii) Painting (xiii) Irrigation systems 5. Authority of the Board. 5.1 Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Condominium and may take all acts, through the proper officers of the Association, in executing such powers, except such acts which by law, the Declaration, the Articles or these By -Laws may not be delegated to the Board of Directors by the Unit Owners. Such powers and duties of the Board of Directors shall include, without limitation (except as limited elsewhere herein), the following: (a) Operating and maintaining all Common Elements and the Association Property. (b) Determining the expenses required for the operation of the Association and the Condominium. Application No. 140516 -7 Exhibit 5 Page 114 of 154 (c) Employing and dismissing the personnel necessary for the maintenance and operation of the Common Elements and the Association Property. (d) Adopting and amending rules and regulations concerning the details of the operation and use of the Condominium and Association Property, subject to a right of the Unit Owners to overrule the Board as provided in Section 16 hereof. (e) Maintaining bank accounts on behalf of the Association and designating the signatories required therefor. (f) Purchasing, leasing or otherwise acquiring title to, or an interest in, property in the name of the Association, or its designee, for the use and benefit of its members. The power to acquire personal property shall be exercised by the Board and the power to acquire real property shall be exercised as described herein and in the Declaration. (g) Purchasing, leasing or otherwise acquiring Units or other property, including, without limitation, Units at foreclosure or other judicial sales, all in the name of the Association, or its designee. (h) Selling, leasing, mortgaging or otherwise dealing with Units acquired, and subleasing Units leased, by the Association, or its designee. (i) Organizing corporations and appointing persons to act as designees of the Association in acquiring title to or leasing Units or other property. (j) Obtaining and reviewing insurance for the Condominium and Association Property. (k) Making repairs, additions and improvements to, or alterations of, Condominium Property and Association Property, and repairs to and restoration of Condominium and Association Property, in accordance with the provisions of the Declaration after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings or otherwise. (1) The duties and obligations imposed upon Developer and /or binding upon the Condominium Property pursuant to the Drainage Easement, Reciprocal Easement, and Conservation Easement (all of which are expressly assumed by the Association and which are futher described in the Declaration of Condominium). (m) The duty and obligation to comply with any requirements of any Federal, State or local rule, regulation, ordinance, code, project or agreement, relating to the installation, maintenance, repair, restoration, renourishing and/or replacing of the crosswalk to and from the Intracoastal Waterway Application No. 140516 -7 Exhibit 5 Page 115 of 154 located upon or adjacent to (even if beyond the legal boundaries of) the Condominium Property. (n) Enforcing obligations of the Unit Owners, allocating profits and expenses and taking such other actions as shall be deemed necessary and proper for the sound management of the Condominium. (o) Levying fines against appropriate Unit Owners for violations of the rules and regulations established by the Association to govern the conduct of such Unit Owners. No fine shall be levied except after giving reasonable notice and opportunity for a hearing to the affected Unit Owner and, if applicable, his tenant, licensee or invitee. The hearing must be held before a committee of other Unit Owners. If the committee does not agree with the fine, the fine may not be levied. No fine may exceed $100.00 per violation, however, a fine may be levied on the basis of each day of a continuing violation with a single notice and opportunity for hearing, provided however, that no such fine shall in the aggregate exceed $1,000.00. No fine shall become a lien upon a Unit. (p) Purchasing or leasing Units for the general use and enjoyment of the Unit Owners. (q) Borrowing money on behalf of the Association or the Condominium when required in connection with the operation, care, upkeep and maintenance of Common Elements (if the need for the funds is unanticipated) or the acquisition of real property, and granting mortgages on and/or security interests in Association owned property; provided, however, that the consent of the Owners of at least two- thirds (2 /3rds) of the Units represented at a meeting at which a quorum has been attained in accordance with the provisions of these By -Laws shall be required for the borrowing of any sum which would cause the total outstanding indebtedness of the Association to exceed $100,000.00. If any sum borrowed by the Board of Directors on behalf of the Condominium pursuant to the authority contained in this subparagraph 5.1(r) is not repaid by the Association, a Unit Owner who pays to the creditor such portion thereof as his interest in his Common Elements bears to the interest of all the Unit Owners in the Common Elements shall be entitled to obtain from the creditor a release of any judgment or other lien which said creditor shall have filed or shall have the right to file against, or which will affect, such Owner's Unit. Notwithstanding the foregoing, the restrictions on borrowing contained in this subparagraph 5.1(r) shall not apply if such indebtedness is entered into for the purpose of financing insurance premiums and /or for the purpose of responding to emergency situations which may arise with respect to the Common Elements and /or Condominium Property, which action may be undertaken solely by the Board of Directors, without requiring a vote of the Unit Owners. Application No. 140516 -7 Exhibit 5 Page 116 of 154 (r) Subject to the provisions of Section 5.2 below, contracting for the management and maintenance of the Condominium and Association Property and authorizing a management agent (who may be an affiliate of the Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair, and replacement of the Common Elements and Association Property with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted by the Declaration, the Articles, these By- Laws and the Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (s) At its discretion, but within the parameters of the Act, authorizing Unit Owners or other persons to use portions of the Common Elements or Association Property for private parties and gatherings and imposing reasonable charges for such private use. (t) Executing all documents or consents, on behalf of all Unit Owners (and their mortgagees), required by all governmental and/or quasi- governmental agencies in connection with land use and development matters (including, without limitation, plats, waivers of plat, unities of title, covenants in lieu thereof, etc.), and in that regard, each Owner, by acceptance of the deed to such Owner's Unit, and each mortgagee of a Unit Owner by acceptance of a lien on said Unit, appoints and designates the President of the Association as such Owner's agent and attorney -in -fact to execute any and all such documents or consents. (u) Responding to Unit Owner inquiries in accordance with Section 718.112(2)(a)2, F.S. (v) Exercising (i) all powers specifically set forth in the Declaration (including, without limitation, the power and duty to provide services to the West Parcel), the Articles, these By -Laws and in the Act, (ii) all powers incidental thereto, and (iii) all other powers of a Florida corporation not for profit. (w) Those certain emergency powers granted pursuant to Section 718.1265, F.S. 5.2 Contracts. Any contract which is not to be fully performed within one (1) year from the making thereof, for the purchase, lease or renting of materials or equipment to be used by the Association in accomplishing its purposes, and all contracts for the provision of services, shall be in writing. Where a contract for purchase, lease or renting materials or equipment, or for the provision of services, requires payment by the Association on behalf of the Condominium in the aggregate exceeding five percent (5 %) of the total annual budget of the Association (including reserves), the Association shall obtain competitive bids for the materials, Application No. 140516 -7 Exhibit 5 Page 117 of 154 equipment or services. Nothing contained herein shall be construed to require the Association to accept the lowest bid. Notwithstanding the foregoing, contracts with employees of the Association and contracts for attorney, accountant, architect, Association manager, engineering and landscape architect services shall not be subject to the provisions hereof. Further, nothing contained herein is intended to limit the ability of the Association to obtain needed products and services in an emergency; nor shall the provisions hereof apply if the business entity with which the Association desires to contract is the only source of supply within the County. Notwithstanding anything herein to the contrary, as to any contract or other transaction between an Association and one or more of its directors or any other corporation, firm, association, or entity in which one or more of its directors are directors or officers or are financially interested, the Association shall comply with the requirements of Section 617.0832, F.S. and Section 718.3026, F.S. 6. Officers. 6.1 Executive Officers. The executive officers of the Association shall be a President, a Vice - President, a Treasurer and a Secretary (none of whom need be Directors), all of whom shall be elected by the Board of Directors and who may be peremptorily removed at any meeting by concurrence of a majority of all of the Directors. A person may hold more than one office, except that the President may not also be the Secretary. No person shall sign an instrument or perform an act in the capacity of more than one office. The Board of Directors from time to time shall elect such other officers and designate their powers and duties as the Board shall deem necessary or appropriate to manage the affairs of the Association. Officers, other than designees of the Developer, must be Unit Owners (or authorized representatives of corporate /partnership /trust Unit Owners). 6.2 President. The President shall be the chief executive officer of the Association. He shall have all of the powers and duties that are usually vested in the office of president of an association. 6.3 Vice - President. The Vice - President shall exercise the powers and perform the duties of the President in the absence or disability of the President. He also shall assist the President and exercise such other powers and perform such other duties as are incident to the office of the vice president of an association and as may be required by the Directors or the President. 6.4 Secretary. The Secretary shall keep the minutes of all proceedings of the Directors and the members. The Secretary shall attend to the giving of all notices to the members and Directors and other notices required by law. The Secretary shall have custody of the seal of the Association and shall affix it to instruments requiring the seal when duly signed. The Secretary shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of the secretary of an association and as may be required by the Directors or the President. Application No. 140516 -7 Exhibit 5 Page 118 of 154 6.5 Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities and evidences of indebtedness. The Treasurer shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board of Directors for examination at reasonable times. The Treasurer shall submit a treasurer's report to the Board of Directors at reasonable intervals and shall perform all other duties incident to the office of treasurer and as may be required by the Directors or the President. All monies and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board of Directors. 7. Fiduciary Duty. The officers and directors of the Association, as well as any manager employed by the Association, have a fiduciary relationship to the Unit Owners. No officer, director or manager shall solicit, offer to accept, or accept anything or service of value for which consideration has not been provided for his own benefit or that of his immediate family, from any person providing or proposing to provide goods or services to the Association. Any such officer, director or manager who knowingly so solicits, offers to accept or accepts anything or service of value shall, in addition to all other rights and remedies of the Association and Unit Owners, be subject to a civil penalty in accordance with the Act. Notwithstanding the foregoing, this paragraph shall not prohibit an officer, director or manager from accepting services or items received in connection with trade fairs or education programs. An officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association. An officer, director, or agent shall be liable for monetary damages as provided in Section 617.0834, F.S. if such officer, director, or agent breached or failed to perform his or her duties and the breach of, or failure to perform, his or her duties constitutes a violation of criminal law as provided in Section 617.0834, F.S; constitutes a transaction from which the officer or director derived an improper personal benefit, either directly or indirectly; or constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 8. Director or Officer Delinquencies. Any Director or officer more than 90 days delinquent in the payment of any monetary obligation due to the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law. 9. Director or Officer Offenses. Any Director or Officer charged by information or indictment with a felony theft or embezzlement offense involving the Association's funds or property shall be removed from office, creating a vacancy in the office to be filled according to law until the end of the period of suspension or the end of the Director's term of office, whichever occurs first. While such Director or Officer has such criminal charge pending, he or she may not be appointed or elected to a position as a Director or Officer. However, should the charges be resolved without a finding of guilt, the Director or officer shall be reinstated for the remainder of his or her term. Application No. 140516 -7 Exhibit 5 Page 119 of 154 10. Compensation. Neither Directors nor officers shall receive compensation for their services as such, but this provision shall not preclude the Board of Directors from employing a Director or officer as an employee of the Association, nor preclude contracting with a Director or officer for the management of the Condominium or for any other service to be supplied by such Director or officer. Directors and officers shall be compensated for all actual and proper out of pocket expenses relating to the proper discharge of their respective duties. 11. Resignations. Any Director or officer may resign his or her post at any time by written resignation, delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the resignation shall be effective from such date unless withdrawn. The acceptance of a resignation shall not be required to make it effective. If at any time, a Director, other than a Director representing the Developer, sells his or her Unit (or as to a Unit owned by an entity, sells his or her equitable or beneficial ownership interest in the Unit Owner), then upon the closing on the sale of that Unit (or the equitable or beneficial ownership interest), the Director shall be deemed to have tendered his or her resignation. 12. Fiscal Management. The provisions for fiscal management of the Association set forth in the Declaration and Articles shall be supplemented by the following provisions: 12.1 Budget. (a) Adoption by Board; Items. The Board of Directors shall from time to time, and at least annually, prepare a budget for all Condominiums governed and operated by the Association (which shall detail all accounts and items of expense and contain at least all items set forth in Section 718.504(21) of the Act, if applicable), determine the amount of Assessments payable by the Unit Owners to meet the expenses of such Condominium(s) and allocate and assess such expenses among the Unit Owners in accordance with the provisions of the Declaration. In addition, if the Association maintains limited common elements with the cost to be shared only by those entitled to use the limited common elements, the budget or a schedule attached thereto shall show amounts budgeted therefor. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance (to the extent required by law). These accounts shall include, but not be limited to, roof replacement, building painting and pavement resurfacing regardless of the amount of deferred maintenance expense or replacement cost, and for any other item for which the deferred maintenance expense or replacement cost exceeds $10,000.00. The amount of reserves shall be computed by means of a formula which is based upon the estimated remaining useful life and the estimated replacement cost of each reserve item. The Association may adjust replacement and reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. Reserves shall not be required if the Application No. 140516 -7 Exhibit 5 Page 120 of 154 members of the Association have, by a majority vote at a duly called meeting of members, determined for a specific fiscal year to provide no reserves or reserves less adequate than required hereby. Prior to transfer of control of the Association to Unit Owners other than the Developer, the Developer may vote to waive reserves or reduce the funding of reserves for the first two (2) fiscal years of operation of the Association, beginning with the fiscal year in which the Declaration is recorded, with the vote taken each fiscal year and to be effective for only one annual budget, after which time and until transfer of control of the Association to Unit Owners other than the Developer, reserves may only be waived or reduced upon the vote of a majority of all non - Developer voting interests voting in person or by limited proxy at a duly called meeting of the Association. Following transfer of control of the Association to Unit Owners other than the Developer, the Developer may vote its voting interest to waive or reduce the funding of reserves. If a meeting of Unit Owners has been called to determine to provide no reserves or reserves less adequate than required, and such result is not attained or a quorum is not attained, the reserves, as included in the budget, shall go into effect. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and shall be used only for authorized reserve expenditures, unless their use for any other purposes is approved in advance by a majority vote at a duly called meeting of the Association. Prior to transfer of control of the Association to Unit Owners other than the Developer, the Association shall not vote to use reserves for purposes other than that for which they were intended without the approval of a majority of all non - Developer voting interests, voting in person or by limited proxy at a duly called meeting of the Association. The only voting interests which are eligible to vote on questions that involve waiving or reducing the funding of reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the voting interests of the Units subject to assessment to fund the reserves in question. Proxy questions relating to waiving or reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended shall contain the following statement in capitalized, bold letter in a font size larger than any other used on the face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. The adoption of a budget for the Condominium shall comply with the requirements hereinafter set forth: (1) Notice of Meeting. A copy of the proposed budget of estimated revenues and expenses shall be hand delivered, mailed or Application No. 140516 -7 Exhibit 5 Page 121 of 154 electronically transmitted to each Unit Owner (at the address last furnished to the Association) not less than fourteen (14) days before the date of the meeting of the Board of Directors at which the budget will be considered, together with a notice of that meeting indicating the time and place of such meeting. An officer or manager of the Association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement and such affidavit shall be filed among the official records of the Association. (ii) Special Membership Meeting. If the Board of Directors adopts in any fiscal year an annual budget which requires assessments against Unit Owners which exceed one hundred fifteen percent (115 %) of such Assessments for the preceding fiscal year, the Board of Directors shall conduct a special meeting of the Unit Owners to consider a substitute budget if the Board of Directors receives, within twenty -one (21) days following the adoption of the annual budget, a written request for a special meeting from at least ten percent (10 %) of all voting interests. The special meeting shall be conducted within sixty (60) days following the adoption of the annual budget. At least fourteen (14) days prior to such special meeting, the Board of Directors shall hand deliver to each Unit Owner, or mail to each Unit Owner at the address last furnished to the Association, a notice of the meeting. An officer or manager of the Association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with this notice requirement and such affidavit shall be filed among the official records of the Association. Unit Owners may consider and adopt a substitute budget at the special meeting if approved by a majority of all voting interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board of Directors shall take effect as scheduled. (iii) Determination of Budget Amount. Any determination of whether assessments exceed one hundred fifteen percent (115 %) of assessments for the preceding fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Board of Directors does not expect to be incurred on a regular or annual basis, or assessments for betterments to the Condominium Property. (iv) Proviso. As long as the Developer is in control of the Board of Directors of the Association, the Board shall not impose Assessments for a year greater than one hundred fifteen percent Application No. 140516 -7 Exhibit 5 Page 122 of 154 (115 %) of the prior fiscal year's Assessments, as herein defined, without the approval of a majority of all voting interests. (b) Adoption by Membership. In the event that the Board of Directors shall be unable to adopt a budget for a fiscal year in accordance with the requirements of Subsection 12.1(a) above, the Board of Directors may call a special meeting of Unit Owners for the purpose of considering and adopting such budget, which meeting shall be called and held in the manner provided for such special meetings in said subsection. 12.2 Assessments. Assessments against Unit Owners for their share of the items of the budget shall be made for the applicable fiscal year annually at least twenty (20) days preceding the year for which the Assessments are made. Such Assessments shall be due in equal installments, payable in advance on the first day of each quarter of the year for which the Assessments are made. If annual Assessments are not made as required, Assessments shall be presumed to have been made in the amount of the last prior Assessments, and monthly (or quarterly) installments on such Assessments shall be due upon each installment payment date until changed by amended Assessments. In the event the annual Assessments prove to be insufficient, the budget and Assessments may be amended at any time by the Board of Directors, subject to the provisions of Section 12.1 hereof, if applicable. Unpaid Assessments for the remaining portion of the fiscal year for which amended Assessments are made shall be payable in as many equal installments as there are full months (or quarters) of the fiscal year left as of the date of such amended Assessments, each such monthly (or quarterly) installment to be paid on the first day of the month (or quarter), commencing the first day of the next ensuing month (or quarter). If only a partial month (or quarter) remains, the amended Assessments shall be paid with the next regular installment in the following year, unless otherwise directed by the Board in its resolution. 12.3 Special Assessments and Assessments for Capital Improvements. Special Assessments and Capital Improvement Assessments (as defined in the Declaration) shall be levied as provided in the Declaration and shall be paid in such manner as the Board of Directors of the Association may require in the notice of such Assessments. The funds collected pursuant to a Special Assessment shall be used only for the specific purpose or purposes set forth in the notice of adoption of same. The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by Section 718.111(11), Florida Statutes, approved in accordance with the condominium documents, shall be set forth in a written notice of such assessment sent or delivered to each Unit Owner. However, upon completion of such specific purpose or purposes, any excess funds will be considered Common Surplus, and may, at the discretion of the Board, either be returned to the Unit Owners or applied as a credit towards future assessments. Application No. 140516 -7 Exhibit 5 Page 123 of 154 12.4 Depository. The depository of the Association shall be such bank or banks in the State of Florida, which bank or banks must be insured by the FDIC, as shall be designated from time to time by the Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from those accounts shall be made only by checks signed by such person or persons as are authorized by the Directors. All sums collected by the Association from Assessments or otherwise may be commingled in a single fund or divided into more than one fund, as determined by a majority of the Board of Directors. In addition, a separate reserve account should be established for the Association in such a depository for monies specifically designated as reserves for capital expenditures and/or deferred maintenance. Reserve and operating funds of the Association shall not be commingled unless combined for investment purposes, provided that the funds so commingled shall be accounted for separately and the combined account balance of such commingled funds may not, at any time, be less than the amount identified as reserve funds in the combined account. 12.5 Acceleration of Installments Upon Default. If a Unit Owner shall be in default in the payment of an installment upon his Assessments, the Board of Directors or its agent may accelerate the balance of the current budget years' Assessments upon thirty (30) days' prior written notice to the Unit Owner and the filing of a claim of lien, and the then unpaid balance of the current budget years' Assessments shall be due upon the date stated in the notice, but not less than five (5) days after delivery of the notice to the Unit Owner, or not less than ten (10) days after the mailing of such notice to him by certified mail, whichever shall first occur. 12.6 Fidelity Insurance or Fidelity Bonds. The Association shall obtain and maintain adequate insurance or fidelity bonding of all persons who control or disburse Association funds, which shall include, without limitation, those individuals authorized to sign checks on behalf of the Association and the president, secretary and treasurer of the Association. The insurance policy or fidelity bond shall be in such amount as shall be determined by a majority of the Board, but must be sufficient to cover the maximum funds that will be in the custody of the Association or its management agent at any one time. The premiums on such bonds and/or insurance shall be paid by the Association as a Common Expense. 12.7 Accounting Records and Reports. The Association shall maintain accounting records in the State, according to accounting practices normally used by similar associations. The records shall be open to inspection by Unit Owners or their authorized representatives at reasonable times and written summaries of them shall be supplied at least annually. The records shall include, but not be limited to, (a) a record of all receipts and expenditures, and (b) an account for each Unit designating the name and current mailing address of the Unit Owner, the amount of Assessments, the dates and amounts in which the Assessments come due, the amount paid upon the account and the dates so paid, and the balance due. Written summaries of the records described in clause (a) above, in the form and manner specified below, shall be supplied to each Unit Owner annually. Application No. 140516 -7 Exhibit 5 Page 124 of 154 Within ninety (90) days following the end of the fiscal year, the Association shall prepare and complete, or contract for the preparation and completion of a financial report for the preceding fiscal year (the "Financial Report"). Within twenty -one (21) days after the final Financial Report is completed by the Association, or received from a third party, but not later than one hundred twenty (120) days following the end of the fiscal year, the Board shall mail, or furnish by personal delivery, a copy of the Financial Report to each Unit Owner, or a notice that a copy of the Financial Report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt of a written request from the Unit Owner. The Financial Report shall be prepared in accordance with the rules adopted by the Division. The type of Financial Report to be prepared must, unless modified in the manner set forth below, be based upon the Association's total annual revenues, as follows: (a) REPORT OF CASH RECEIPTS AND EXPENDITURES — if the Association's revenues are less than $100,000.00 or if the Association operates less than seventy five (75) Units (regardless of revenue) [or, if determined by the Board, the Association may prepare any of the reports described in subsections (b), (c) or (d) below in lieu of the report described in this section (a)]. (b) COMPILED FINANCIAL STATEMENTS — if the Association's revenues are equal to or greater than $100,000.00, but less than $200,000.00 [or, if determined by the Board, the Association may prepare any of the reports described in subsections (c) or (d) below in lieu of the report described in this section (b)]. (c) REVIEWED FINANCIAL STATEMENTS — if the Association's revenues are equal to or greater than $200,000.00, but less than $400,000.00 [or, if determined by the Board, the Association may prepare the report described in subsection (d) below in lieu of the report described in this section (c)]. (d) AUDITED FINANCIAL STATEMENTS — if the Association's revenues are equal to or exceed $400,000.00. A report of cash receipts and expenditures must disclose the amount of receipts by accounts and receipt classifications and the amount of expenses by accounts and expense classifications, including, but not limited to, the following, as applicable: costs for security, professional and management fees and expenses, taxes, costs for recreation facilities, expenses for refuse collection and utility services, expenses for lawn care, costs for building maintenance and repair, insurance costs, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance, and any other category for which the association maintains reserves. Application No. 140516 -7 Exhibit 5 Page 125 of 154 If approved by a majority of the voting interests present at a properly called meeting of the Association, the Association may prepare: (i) a report of cash receipts and expenditures in lieu of a complied, reviewed, or audited financial statement; (ii) a report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement; or (iii) a report of cash receipts and expenditures, a compiled financial statement or a reviewed financial statement in lieu of an audited financial statement. Such meeting and approval must occur before the end of the fiscal year and is effective only for the fiscal year in which the vote is taken, except that the approval may also be effective for the following fiscal year. Prior to the time that control of the Association has been turned over to Unit Owners other than the Developer, all Unit Owners, including the Developer, may vote on issues related to the preparation of financial reports for the first two (2) fiscal years of the Association's operation. Thereafter, until control of the Association has been turned over to Unit Owners other than the Developer, all Unit Owners except for the Developer may vote on such issues. Any audit or review prepared under this Section shall be paid for by the Developer if done before turnover of control of the Association. An Association may not waive the financial reporting requirement of this Section for more than three (3) consecutive years. 12.8 Application of Payment. All payments made by a Unit Owner shall be applied as provided in these By -Laws and in the Declaration. 12.9 Notice of Meetings. Notice of any meeting which regular or special assessments against Unit Owners are to be considered for any reason shall specifically state that assessments will be considered and the nature, estimated cost, and description of the purposes of such assessments. 13. Roster of Unit Owners. Each Unit Owner shall file with the Association a copy of the deed or other document showing his ownership. The Association shall maintain such information. The Association may rely upon the accuracy of such information for all purposes until notified in writing of changes therein as provided above. Only Unit Owners of record on the date notice of any meeting requiring their vote is given shall be entitled to notice of and to vote at such meeting, unless prior to such meeting other Owners shall produce adequate evidence, as provided above, of their interest and shall waive in writing notice of such meeting. 14. Parliamentary Rules. Except when specifically or impliedly waived by the chairman of a meeting (either of members or directors), Robert's Rules of Order (latest edition) shall govern the conduct of the Association meetings when not in conflict with the Act, the Declaration, the Articles or these By -Laws; provided, however, that a strict or technical reading of said Robert's Rules shall not be made so as to frustrate the will of the persons properly participating in said meeting. 15. Amendments. Except as may be provided in the Declaration to the contrary, these By- Laws may be amended in the following manner: Application No. 140516 -7 Exhibit 5 Page 126 of 154 15.1 Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of a meeting at which a proposed amendment is to be considered. 15.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (1/3) of the members of the Association. The approval must be: (a) by not less than a majority of the votes of all members of the Association represented at a meeting at which a quorum has been attained and by not less than 66 -2/3% of the entire Board of Directors; or (b) after control of the Association has been turned over to Unit Owners other than the Developer, by not less than 80% of the votes of the members of the Association voting in person or by proxy at a meeting at which a quorum has been attained. 15.3 Proviso. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer or mortgagees of Units without the consent of said Developer and mortgagees in each instance. No amendment shall be made that is in conflict with the Articles or Declaration. No amendment to this Section shall be valid. 15.4 Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted as an amendment of these By -Laws, which certificate shall be executed by the President or Vice - President and attested by the Secretary or Assistant Secretary of the Association with the formalities of a deed, or by the Developer alone if the amendment has been adopted consistent with the provisions of the Declaration allowing such action by the Developer. The amendment shall be effective when the certificate and a copy of the amendment is recorded in the Public Records of the County with an identification on the first page of the amendment of the Official Records Book and Page of said Public Records where the Declaration is recorded. 16. Rules and Regulations. The Board of Directors may, from time to time, adopt, and thereafter, modify, amend or add to rules and regulations, except that subsequent to the date control of the Board is turned over by the Developer to Unit Owners other than the Developer, Owners of a majority of the Units may overrule the Board with respect to any such rules and/or modifications, amendments or additions thereto. Copies of any rules or any modified, amended or additional rules and regulations shall be furnished by the Board of Directors to each affected Unit Owner not less than thirty (30) days prior to the effective date thereof. At no time may any rule or regulation be adopted which would prejudice the rights reserved to the Developer. 17. Nonbinding Arbitration of Disputes. Prior to the institution of court litigation, the parties to a Dispute shall petition the Division for nonbinding arbitration. The arbitration shall be conducted according to rules promulgated by the Division and before arbitrators employed Application No. 140516 -7 Exhibit 5 Page 127 of 154 by the Division. The filing of a petition for arbitration shall toll the applicable statute of limitation for the applicable Dispute, until the arbitration proceedings are completed. Any arbitration decision shall be presented to the parties in writing, and shall be deemed final if a complaint for trial de novo is not filed in a court of competent jurisdiction in which the Condominium is located within thirty (30) days following the issuance of the arbitration decision. The prevailing party in the arbitration proceeding shall be awarded the costs of the arbitration, and attorneys' fees and costs incurred in connection with the proceedings. The party who files a complaint for a trial de novo shall be charged the other party's arbitration costs, courts costs and other reasonable costs, including, without limitation, attorneys' fees, investigation expenses and expenses for expert or other testimony or evidence incurred after the arbitration decision, if the judgment upon the trial de novo is not more favorable than the arbitration decision. If the judgment is more favorable, the party who filed a complaint for trial de novo shall be awarded reasonable court costs and attorneys' fees. Any party to an arbitration proceeding may enforce an arbitration award by filing a petition in a court of competent jurisdiction in which the Condominium is located. A petition may not be granted unless the time for appeal by the filing of a complaint for a trial de novo has expired. If a complaint for a trial de novo has been filed, a petition may not be granted with respect to an arbitration award that has been stayed. If the petition is granted, the petitioner may recover reasonable attorneys' fees and costs incurred in enforcing the arbitration award. 18. Written Inquiries. When a Unit Owner files a written inquiry by certified mail with the Board, the Board shall respond in writing to the Unit Owner within thirty (30) days of receipt of such inquiry and more particularly in the manner set forth in Section 718.112(2)(a)2, Florida Statutes. The Association may, through its Board, adopt reasonable rules and regulations regarding the frequency and manner of responding to Unit Owner inquiries. 19. Official Records. From the inception of the Association, the Association shall maintain for the condominium, a copy of each of the following, if applicable, which shall constitute the official records of the Association: (a) The plans, permits, warranties, and other items provided by the Developer pursuant to Section 718.301(4) of the Act; (b) A photocopy of the recorded Declaration of Condominium and all amendments thereto; (c) A photocopy of the recorded By -Laws of the Association and all amendments thereto; (d) A certified copy of the Articles of Incorporation of the Association or other documents creating the Association and all amendments thereto; (e) A copy of the current Rules and Regulations of the Association; Application No. 140516 -7 Exhibit 5 Page 128 of 154 (0 A book or books containing the minutes of all meetings of the Association, of the Board of Directors, and of Unit Owners, which minutes must be retained for at least 7 years; (g) A current roster of all Unit Owners, their mailing addresses, Unit identifications, voting certifications, and if known, telephone numbers. The Association shall also maintain the electronic mailing addresses and the numbers designated by Unit Owners for receiving notices sent by electronic transmission of those Unit Owners consenting to receive notice by electronic transmission. The electronic mailing addresses and telephone numbers must be removed from Association records if consent to receive notice by electronic transmission is revoked. However, the Association shall not be liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices; (h) All current insurance policies of the Association and of all Condominiums operated by the Association; (i) A current copy of any management agreement, lease, or other contract to which the Association is a party or under which the Association or the Unit Owners have an obligation or responsibility; (j) Bills of Sale or transfer for all property owned by the Association; (k) Accounting records for the Association and the accounting records for the Condominium. All accounting records shall be maintained for at least 7 years. Any person who knowingly or intentionally defaces or destroys accounting records required to be created and maintained by Chapter 718, F.S during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain such records with the intent of causing harm to the Association or one or more of its members, is personally subject to civil penalty pursuant to Section 718.501(1)(d). The accounting records must include, but not be limited to: (i) Accurate, itemized, and detailed records for all receipts and expenditures. (ii) A current account and a monthly, bimonthly, or quarterly statement of the account for each Unit designating the name of the Unit Owner, the due date and amount of each Assessment, the amount paid upon the account, and the balance due. (iii) All audits, reviews, accounting statements, and financial reports of the Association or Condominium. Application No. 140516 -7 Exhibit 5 Page 129 of 154 (iv) All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained for a period of 1 year; (1) Ballots, sign -in sheets, voting proxies and all other papers relating to elections which must be maintained for 1 year from the date of the meeting to which the document relates; (m) All rental records if the Association is acting as agent for the rental of Units; (n) A copy of the current Question and Answer Sheet, in the form promulgated by the Division, which shall be updated annually; and (o) All other records of the Association not specifically listed above which are related to the operation of the Association; and (p) A copy of the inspection report as provided in Section 718.301(4)(p), F.S. The official records of the Association must be maintained within the State for at least seven (7) years. The records of the Association shall be made available to a Unit Owner within 45 miles of the Condominium Property or within the County in which the Condominium is located. The official records of the Association shall be open to inspection by any Association member or the authorized representative of such member and shall be made available to a Unit Owner within five (5) working days after receipt of a written request by the Board or its designee. The right to inspect the records includes the right to make or obtain copies, at a reasonable expense, if any, of the member. The Association may adopt reasonable rules regarding the time, location, notice and manner of record inspections and copying. The failure of an Association to provide official records to a Unit Owner or his authorized representative within ten (10) working days after receipt of a written request therefor creates a rebuttable presumption that the Association willfully failed to comply with this paragraph. Failure to permit inspection of the Association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorneys' fees from the person in control of the records who, directly or indirectly, knowingly denies access to the records for inspection. Any person who knowingly or intentionally defaces or destroys accounting records required by the Act to be maintained during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the Association or one of its members. F.S., is personally subject to civil penalty pursuant to Section 718.501(1)(d),F.S. The Association shall maintain on the Condominium Property an adequate number of copies of the Declaration, Articles, By -Laws and rules, and all amendments to the foregoing, as well as the Question and Answer Sheet and year -end financial information required by the Act, to ensure their availability to Unit Owners and prospective purchasers. The Association may charge its actual costs for preparing and furnishing these documents to those persons requesting same. The Association is not responsible for the use or misuse of the information provided to an Application No. 140516 -7 Exhibit 5 Page 130 of 154 Association member or his or her authorized representative pursuant to the compliance requirements of the Act unless the Association has an affirmative duty not to disclose such information pursuant to the Act. Notwithstanding the provisions of this Section 19, the following records are not to be accessible to Unit Owners: (1) Any record protected by the lawyer- client privilege as described in Section 90.502, Florida Statutes, and any record protected by the work - product privilege including any record prepared by an Association attorney or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the Association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation or imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings. (ii) Information obtained by an Association in connection with the approval of the lease, sale or other transfer of a Unit. (iii) Personal records of association employees, including, but not limited to, disciplinary, payroll, health, and insurance records. (iv) Medical records of Unit Owners (v) Social security numbers, driver's license numbers, credit card numbers, e-mail addresses, telephone numbers, emergency contact information, any addresses of a unit owner other than as provided to fulfill the Association's notice requirements, and other personal identifying information of any person excluding the person's name, unit designation, mailing address and property address. (vi) Any electronic security measure that is used by the Association to safeguard data, including passwords. (vii) The software and operating system used by the Association which allows manipulation of data, even if the owner owns a copy of the same software used by the Association. The data is part of the official records of the Association. 20. Certificate of Compliance. A certificate of compliance from a licensed electrical contractor or electrician may be accepted by the Association's Board as evidence of compliance of the Units to the applicable condominium fire and life safety code. 21. Provision of Information to Purchasers or Lienholders. The Association or its authorized agent shall not be required to provide a prospective purchaser or lienholder with information about the Condominium or the Association other than information or Application No. 140516 -7 Exhibit 5 Page 131 of 154 documents required by the Act to be made available or disclosed. The Association or its authorized agent shall be entitled to charge a reasonable fee to the prospective purchaser, lienholder, or the current Unit Owner for its time in providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, provided that such fee shall not exceed $150.00 plus the reasonable cost of photocopying and any attorney's fees incurred by the Association in connection with the Association's response. 22. Electronic Transmission. For purposes hereof, "electronic transmission" means any form of communication, not directly involving the physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and reviewed by a recipient thereof and which may be directly reproduced in a comprehensible and legible paper form by such recipient through an automated process. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmissions of images, and text that is sent via electronic mail between computers. Notwithstanding the provision for electronic transmission of notices by the Association, same may be only be sent to Unit Owners that consent to receipt of Association notices by electronic transmission (and only for long as such consent remains in effect). Further, in no event may electronic transmission be used as a method of giving notice of a meeting called in whole or in part regarding the recall of a Director. 23. Construction. Wherever the context so permits, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all genders. To the extent not otherwise provided for or addressed in these By -Laws, the By- Laws shall be deemed to include the provisions of Section 718.112(2)(a) through (m) of the Act. 24. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define or limit the scope of these By -Laws or the intent of any provision hereof. The foregoing was adopted as the By -Laws of 3200 SOUTH OCEAN CONDOMINIUM ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida, as of the day of , 20_. 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DATE 4/24/14 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY TMM 0 0 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN GARAGE FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 144 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 13 OF 22 CONDOMINIUM UNITS GRAPHIC SCALE / /// LIMITED COMMON 15 o 7.5 15 ELEMENTS COMMON ELEMENTS ( IN FEET ) 1 61.9' v vv I o 61.9' o cn i 36.8 , c ° 36.8 7 x C ❑ 9 P ❑ — ; -` C Z O O ^) V Z —iw � D W 0� c� —I O N O C� w 0— r r N O ■ ❑ m 0 0- a 0 N ❑ • 8.3 J J 8.3 i 8 tJ U U 64.8' • • 64.8' 64.8' ■ rn rn U! ❑ ❑ ❑ ❑ cn C •�' K O KO s r _ O � � l O� c Z � - )1 �- Z �l 0 _ ❑ 0 ❑ ❑ 0 ❑ 0 ■ • . 5 , �, U c p y? -9.5' I N) ° 5 9C ry � 1 .. �° N., �' :' ■ � I �11.8' 11.8 1.... ,—\ r • J J[ CAULFIELD 8 WHEELER, INC. DATE 4/24/14 CIVIL ENGINEERING - LAND PLANNING 7 LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY TMM 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 ?HONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. 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CIVIL ENGINEERING LAND PLANNING (/ / /// LANDSCAPE CAPE ARCHITECTURE - SURVEYING DRAWN BY TMM 0 O 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (560- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN THIRD FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 148 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 17 OF 22 \ o xi _ D 1 C7 m r 0 z S 0 r-K z Z r O F M mm 0 — y n O Z O O D f N Q Z U m 1 K c 26. / t`' / 2 • Z Z Z \\ \ \ \ \ \CE d� O \ \ \ \ \ \ \ \ \ T N N 59.4' [-' x14.2 "` \1 < x j n n � o > m� \ P Z N \ ;i` \-• \ \\ P D CA • • D • � 5.0' 4.4' v %1 /.1' T, r 1 /.1 - Po ❑ a cr ' Co ' ❑ �� m\ A , O O O Z I\ . CI Z m D 0 71 \ D � - .J•1 ❑ ❑ A C C Z 4'. 8' 4. z o o T \ v Cr�rl f� \" TE C\ \ \� � s cr \ \ \ \ \co �1 2 O �-1 7 n },% fi- - CAULFIELD & WHEELER, INC. DATE 4/24/14 ',, C IVIL ENGI NEERING LANNING L ARCHITECTURE LAND - PSURVEYING DRAWN BY TMM 7900 GLADES ROAD - SUITE 100 0 / BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN FOURTH FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 149 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 18 OF 22 zi o mr n Z = O 1 — K 0 C m O n Z Z0 >1 D m Cn 00 Z i m � , N ,_ K 26 4. - Z Z C TERRACE . � ` S TERRA - � Z N 4' F v 59. u • -P c II 14.2" cal K m N 4.2 ' t I n n o D L. D \ 1 1 5.0' � N V 24.4' r %-1 /.1 " 1 ' 1 /.1 ' � I J ❑ U - J� ❑ ---1 may 0 K o - 8.3 ij m cn -P ❑ ❑ `....::: .. z 4�8 �4. �' z 1 '- 2 .� . ' k_ 3 . , 1 c� 1 o c �� \� �:� tom \ �� o TERRAC - TERRACE \- CAULFIELD 8, WHEELER, INC. DATE 4/24/14 / CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY TMM Q 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -199! / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN FIFTH FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 150 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 19 OF 22 _ D n mr 0 = o m K Z Z m K mm 0 = y n O Z p O D Z N K n rT Z O m K E 26. 7' ' N f Z' . 7' r Z Z Z \ \ \T \ \ \CE V y . - O \ \ N U 59.4' �14.2 ', C.,4 � � y .4.2 ' r in n'/ oD ... 7,- T T ° v ® \ 7 D J 25O' 1 /.1 II �x, �� 1 / ,, ;\ ❑ J- m Q J e< s ❑ „� m\ I N I v 1 o . -0_1 n O ,, 0 0 0 Z I c \� 0 Z m D o m m -P \ Cp D 0 0 i Z � v Z 4.8 r4.� ' Z = co v T c=D Tr, (.,4 v TERRAC NA �� • • TERRACE - 1L.'___In_--tT2 n' iv 2 n'{-;_r--__17 CAULFIELD 8, WHEELER, INC. DATE 4/24/14 CIVIL ENGINEERING LAND PLANNING LANDSCAPE ARCHITECTURE - SURUR SURVEYING DRAWN BY TMM 0 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 331.31. PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B. PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN SIXTH FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 151 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 20 OF 22 CONDOMINIUM UNITS GRAPHIC SCALE 15 0 7.5 15 ` !ice /. /, LIMITED COMMON / // ELEMENTS ( IN FEET ) COMMON ELEMENTS / 27.1' / / 27.1' / • TERRACE TERRACE (f • '14. 4.7 '.7' /- 14.7'° 0 Is .■, 0'..■ 1 , 0 1 J � N El ❑ ,�� CO E*1 • . • . / p e t , 6 \ 0 XI °mD o � • _. r0 O 73 -< ❑ u . 4 • .1 • C - •'T T/ e ' c Z — �� \ ? �� CEv: TERRACE • -71 \\ CO - � 18.5� 1 •' _ s, 18.5 - i N CAULFIELD & WHEELER, INC. DATE 4/24/14 / CIVIL ENGINEERING - LAND PLANNING Ti 1 /y LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY TMM 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN SEVENTH FLOOR PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 152 of 154 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM EXHIBIT TO THE DECLARATION OF CONDOMINIUM SHEET 21 OF 22 CONDOMINIUM UNITS GRAPHIC SCALE 15 0 7.5 15 `/ /; LIMITED COMMON / i / ELEMENTS ( IN FEET ) COMMON ELEMENTS POOL r YOGA LAWN DECK w - 7 i \\ I, 11.4 k:ii, / / ,L1-.5.,,i-ii,i.„;-- \ / L 1 CAUL FIELD & WHEELER, INC. DATE 4/24/14 CIVIL ENGINEERING - LAND PLANNING / LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY TMM 0 O 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A 3200 SOUTH OCEAN A SEAGATE CONDOMINIUM SCALE AS SHOWN ROOF PLAN JOB NO. 6628 Application No. 140516 -7 Exhibit 5 Page 153 of 154 Q Z 00 3200SOUTHOCEAN z ° = CO N � :1 ASEAGATECONDOMINIUM �m� EXHIBIT TO THE DECLARATION OF CONDOMINIUM Q < m w W o 1 SHEET 22 OF 22 D 0 cn 1 I I 1 TOP OF SLAB EL.97.58 I "1 7 Li IIUL2 u 1 i_- L Y_!L _. _ I I lflI TOP OF SLAB EL.89.08 e l f 1irr7 I _ frT1 f I �U_ 1 TTI iI k� I161 1■I 7th FLOOR EL.78.33 II ill In 11 _ . m. I �7 I_ -� 1 �_ crr wino - 6th FLOOR EL.67.58 L. , Z s • !M' 111 1• M — Z r o Ci 'i _ _CEO 1_1J _ _CCO frirl■1 U Zj ° p Z J Z 5th FLOOR EL.56.83 Z a w _ Z? - - - i i ■iiii ■iiii u O I__1_, 4th FLOOR EL.46.08 � o i u N a 0 I S I W 1 0 Z ai I I h I H 3rd F LOOR EL.35.33 M 11 J 1-Q0,, O � �■■ I rr, L_r i I 1IE.U� 7�1® I ir� �. . W Zw � L` rn � wllalrr rrif _ -- �,� �-� 1 [ Fri ; 2nd FLOOR EL.24.58 1 EE w o a ■ 1- Z 1I1 ME-�■� 1 i u I w a s L7 O a Q = — GROUND FLOOR EL.13.83 05 �w� ° a w Q __ _ 1 1 — CROWN OF RD EL.6.25 w o N — TOP OF SLAB EL.4.17 n _1 o o^ m w Q J : 1 W 0 Z 4 o w z Q 0_ Lii 0 .I D _ I u D 0 N O O N m Monday, November 3, 2014 CERTIFICATE OF MAILING This is to certify that on Monday, November 3, 2014, the Town of Highland Beach mailed a copy of the attached Notice of Public Hearing for the property located at 3200 S. Ocean Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of ,i notices. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 day of November 2014. c 01 L i erie Oakes, Deputy own Clerk Town of Highland Beach STATE OF FLORIDA COUNTY OF PALM BEACH Before me this 3 day of November 2014 personally appeared Valerie Oakes, Deputy Town Clerk for the Town of Highland Beach, who is known to be the person described and who executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed. Notary Seal: �:YSi., ROSALIE DEMARTINO = - MY COMMISSION # EE08067 . EXPIRES April N. 2015 ;060-0153 FbrNaNaarySernrs.com Notary Public — State of Florida I TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT & APPEALS The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing in the Town of Highland Beach Town Hall Complex located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Wednesday, November 19, 2014 at 9:30 a.m. to consider the following: REQUEST SUBMITTED BY 3200 SEAGATE LLC FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 3200 SOUTH OCEAN BOULEVARD (24 -43-46 -33-00 - 001 -0210), HIGHLAND BEACH, FL. REQUESTING THE FOLLOWING: APPLICATION #31098 — RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30-64, AND TABLE 30-2 (HIGH -RISE SETBACK), SECTION 30-66(aX3) THAT REQUIRES ADDITIONAL SETBACKS FOR BUILDINGS MORE THAN 30 FEET IN HEIGHT. Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd., Highland Beach, Florida during normal business hours — Monday — Friday from 8:30 AM to 4:30 PM. Any person who decides to appeal the decision made by the Board of Adjustment & Appeals made at this meeting with respect to any matter considered, you will need a record of the proceedings and, for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Valerie Oakes, CMC, Deputy Town Clerk Published in the Palm Beach Post on Saturday, November 8, 2014 This notice to be mailed certified mail and return receipt on Monday, November 3, 2014, to property owners located within 300 feet of the of the affected property, excluding property owned by the applicant. ATTENTION: Condominium President and Property Manager If a condominium with an association is to be included, written notice may be provided only to the association president and the condominium's resident or property manager. Please post this notice in an area (ex. bulletin board) visible to all residents for their viewing. N 16HC 4NO ' to Ks_ .. 2 ' TOWN OF HIGHLAND BEACH 3614 South Ocean Boulevard Highland Beach, FL 33487 Town Clerk's Office Telephone (561) 278 -4548 / Fax (561) 265 -3582 INVOICE 3200 Seagate, LLC 601 North Congress Ave., #114 Delray Beach, FL 33445 561- 266 -9910 RE: Application #31098 - 3200 S. Ocean Blvd. Description Unit/Hour Rate Amount Legal Advertisement 1 $ 168.56 Postage (Certified Mail /Return Receipt Requested) 19 $ 6.49 $ 123.31 Administrative Fee 0 $ - $ _ Total $ 291.87 Make all checks payable to the Town of Highland Beach in the Finance Department located in Town Hall. Total payment is due prior to setting a hearing date. Thank you for your business. Date Paid: /6 /3(.1/ tt Received By: . . ej-, ,r,r LL -4,4 ii Date Printed 10/29/2014 The Palm Beach Post Order325235 Time Printed 01:07 PM Page 1 of 4 Real News Starts Here RECEIPT Account: G1333 Phone: 561-278-4548 Name: TOWN OF HIGHLAND BEACH E -mail: Address: 3614 S OCEAN BLVD HIGHLAND BEACH FL 33487 -3393 Order Name: price quote only Order Summary Order Id: 325235 Base: $168.56 Original Order Id: Other Charges: $0.00 Copy Line: TOWN OF HIGHLAND BEACHNOTICE OF PUBLIC H Discounts: $0.00 Sales Rep: PB116 R Hindmarch (P) Agency Commission: $0.00 Purchase Order: Sales Tax: 50.00 Pay Type: Credit Card Total Order $168.56 Account Group: Caller. VALERIE OAKES Payment Summary No payment information available. Section: 6205 Legal Notices Reply Request: Tear Sheets: 0 COXMedia Group A Division of COX Enterprises, Inc. Florida Public Notices: Search for Public and Legal Notices in FL newspapers Page 1 of 1 Palm Beach Post, The Nov. 8,2014 Miscellaneous Notices TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT & APPEALS The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Pubic Hearing in Me Town of Highland Beach Town Hall Complex located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Wednesday, November 19, 2014 at 9:30 a.m. to consider the following, REQUEST SUBMITTED BY 3200 SEAGATE LLC FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 3200 SOUTH OCEAN BOULEVARD (24-43 -46- 33-00-001-0210), HIGHLAND BEACH, FL. REQUESTING THE FOLLOWING: APPLICATION 831098 - RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30-64, AND TABLE 30-2 (HIGH -RISE SETBACK), SECTION 30-66(9)(3) THAT REQUIRES ADDmONAL SETBACKS FOR BUILDINGS MORE THAN 30 FEET IN HEIGHT. Application is available for pubic inspection at the Town Clerk's Office, 3814 S. Ocean Blvd., Highland Beach, Florida during normal business hours - Monday - Friday from 8:30 AM to 4:30 PM. Any person who decides to appeal the decision made by the Board of Adjustment & Appeals made at this meeting with respect to any matter considered, you will need a record of the proceedings and, for such pumose5, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Valerie Oakes, CMC, Deputy Town Clerk PUB: The Palm Beach Post 11 -8/ 2014 #325235 http: / /floridapublicnotices.com/search/ 11/10/2014 Date Printed 10/29/2014 The Palm Beach Post Order325235 Time Printed 01:07 PM Page 2 of 4 Real News Starts Here RECEIPT Ad Name: 639390A Ad Id: 639390 Original Ad Id: Start: 11/08/2014 Stop: 11/08/2014 Issues: 1 Words: 225 Dimensions: 1 X 49 Color Editions PB Post PB Post Web COXMedia Group A Division of COX Enterprises, Inc. Date Printed 10/29/2014 The Palm Beach Post Order325235 Time Printed 01:07 PM Page 3 of 4 Real News Starts Here RECEIPT TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT & APPEALS The Board of Adjustment & Ap- peals of the Town of Highland Beach will conduct a Public Hearing in the Town of Highland Beach Town Hall Complex located at 3614 5. Ocean Blvd., Highland Beach, FL 33487 on Wednesday, November 19, 2014 at 9:30 a.m. to consider the following: REQUEST SUBMITTED BY 3200 SEA- GATE LLC FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 3200 SOUTH OCEAN BOULEVARD (24- 43-46-33-00- 001 - 0210), HIGHLAND BEACH, FL. REQUESTING THE FOL- LOWING: APPLICATION #31098 - RE- LIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30 -64, AND TABLE 30 -2 (HIGH -RISE SETBACK), SEC- TION 30- 66(a)(3) THAT REQUIRES AD- DITIONAL SETBACKS FOR BUILD- INGS MORE THAN 30 FEET IN HEIGHT. Application is available for public in- spection at the Town Clerk's Office, 3614 S. Ocean Blvd., Highland Beach, Florida during normal business hours - Monday- Friday from 8:30 AM to 4:30 PM. Any person who decides to appeal the decision made by the Board of Ad- justment & Appeals made at this meet- ing with respect to any matter consid- ered, you will need a record of the pro- ceedings and, for such purposes, you may need to ensure that a verbatim re- cord of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. Valerie Oakes, CMC, Deputy Town Clerk PUB: The Palm Beach Post 11- 8/2014 #325235 COXMedia Group A Division of COX Enterprises, Inc. CELLO JUN 202014 e�anL W L) GtMLN BUILDING DEPARTMENT " ° TOWN OF IGHLAND BEACH ot o ^ -= BOARD OF ADJUSTM ENT & APPEALS VARIANCE PETITION Petition # Fees Paid /Receipt No. # Date Set for Public Hearing: Not Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Apps are $500.00. PROPERTY OWNER INFORMATION Name: Phone: SG79(Arr 44c Phone .266 - 99/0 Fax :36% -166 Mailing Address nA 60 A. sr//4 Pt%c214.(S cH Fe. 33 5`5'5 Email Address: ... q .4 rG aB horIor;GPA. c r.- 14.i1 OrliZEE IM ENT Name: Phone: Fax: Mailing Address Email Address: The owner/authorized agent requests that a determination be made by the Board of Adjustment & Appeals of the Town of Highland Beach for the following vaiaice under secti of asfdlows Ju �� Chapter 30 of the Cgl(Q�reesef�t iI esa b Beach. The of the subject property is PROPERTY INFORMATION ASSOCIATED WITH THIS PETITION Address 3 �oo S . Subdi i on: OCrrpv PCN:,2 y3 - - 3 3 - 00 - 'O / - O .2 /p Lot Size: /, 77(1 Ac¢as Zoning District: Rti1 / _444,77 Fi444, a Present Use: R,y y - N1bH 12e 1. Resent Structures (type): 1 op osaD 7- .5)7327 C44.420,4-1,..... 1.11 m ? 2 Jr) tir 2. The proposed use wi I I be: 7- 57 6 uDO. ( �tr., uP 7a a v -v s irs) 3. If this petition is granted, the effect will be to (brief description _i.e. to reduce side yard from Tito 2): A PV &t /.c. 5a T ctL 4. For a variance to be favorably considered, the Boad must find that the followi ng four requirements have been met. After each paagraph, state fully your reasons justifying the grading of this vaia ce. (a) That special conditions and ci rcumeta ces exi sit which a-e pecul is to the laid, structure, or building involved and which ere not appl i cabl a to other lands, structures or buildings i n the sane di stri ct; 1 r (i(.?-w71-A.r•➢s /441 ricl iTH C (rL2 F v r Des/ Pe Srt-t. l / G DT=P jl7:=6)u.i 4.4 771-e• 3 0 r -u/. Ta Sfr /fr 7a 7"Hc E,9ST Pa s.4 / try POPrre (5.&H I z , - aAca . (b) That the spec al conditions and d rcurr sta ces do not result from the act ons of the appl i cait; iPeIP /5 .- PI G /*• L wHictt CRtitioT [=v - ogcH• (c) That granting the vai vice requested w i l l not confer on the appl i cant any special privilege that is denied by this ordi naioe to other lands, buildi ngs or structures in the sane district; War 7a 6u Ilvv wGr.? , P (d) That Iiteral interpretation of the provisions of thisordir woud dxive the icait of the rights commonly enjoyed by other properties in the sane district under the terms of this ordinance and would work unneoessay axl undue hardship on the appl i cant. AL 1 C/oc - F&e' Fko - p / Pas /RCD LooK !95 /9fPR-ov ' fir. r/o-v FoR TH UN cr O W .r. r= 25 . 5. H ay pre iopcation or been files within the last yea in connection with these premises? (YES) (NO) )C If so, briefly state the nature of the application or appeal. (Initial) The naves ad addresses of each property owner located within three hundred (300) feet of the affected property, excluding property owned by the appl i cant has been provided. (Notification distances shall be measured on an arc from the corner sof the property.) (YES) (NO) C7� (Initial) I, the petitioner, acknowledge that there will be additional expenses incurred for the certified mailing of the public notices and the cost to publish the legal advertisement, which is sepaate from the Boad of Adjustment& Appeals epplicati on fee. (YES) XC (NO) 2IP; ac 6 (I niti d) I , the petitioner, has read the Town of Highlald Beech Code of Ordinances Section 30-40: Valances & I nterpretati ons for code requi rements (YES) (NO) I give permission to the members of the Board of Adjustment & Appeals and staff to inspect the property for the purpose of thi s application. I ded ae that all statements made herein are true, based upon the best available information, aid I understand that willful false statements and the l i k e are misdemeanors of the second degree under Sion 837.06, Florida Statutes. Such willful false statements may jeopadize the validity of my application or any derision issued thereon. I have fully read the information outlining the Board procedures and application requirements With this application, I an submitting the necessary supporting maters ai s I i sled. ' "'Owner nx�s�ly authorized,agerrt notarized letter attesting to same. Property Propy Owner s Signdure: � t — t / � Dare: b /"7 Authorized Agent Signature: Date: Condo Assoc. Rep.Sgnature: Date: STATE OF IORiDA COUNTY OF 7A le■ On this ('\ day of 'TO O E before me personally appeared Crpr'R e c+ CMv`u C to me known to be the person who executed the foregoing instruments, aid acknowledged that he executed the sane as hi s free act and deed. �p� Notary pudic State of Fl oride (SEAL) Andrew Maggiore NotayPublic Signature M Commiaagn EE 7601 �waA' Expiros09/16/201 82 6 Received by the Town Clerk s Office: Received By: Date: Date Pudic Notices Marled: Date Legal Advertisement Published: 3IPage