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2024-02-20 VIII.A Bridgewater Ex.7• • Exhibit 7 02/20/2024 TO: Mayor, Council Members & Administrator Ritter DATE: February 9, 2024 FROM: General Services Director Burnette SUBJECT: Bridgewater on Taylor Creek Final Plat Attached you will find the Final Plat Application for Bridgewater on Taylor Creek submitted by Mr. John Rice, on behalf of the Property Owner, B & T Fair Investments, Inc. It includes: • Planning Staff Comments • July 20, 2023, TRC Minutes • September 25, 2023, City Council Minutes • Final Plat Application On February 9, 2024, 1 verified all property taxes have been paid. MO RR I S • 4 2914 Cleveland Avenue • Myers, Florida 33901 ===7MDEPEWllllllllllllllllllllPhone (239) 337-3993 1 Toll Free (866) 337-7341 www.morris-depew.com ENGINEERS - PLANNERS - SURVEYORS LANDSCAPE ARCHITECTS 23-009-TRC Memorandum for Final Plat Approval DATE: February2, 2024 TO: City of Okeechobee FROM: Ben Smith, AICP, Director of Planning, Morris-Depew Associates, Inc. RE: Bridgewater Condominium Final Plat (23-009-TRC). Application for platting 23-009-TRC, submitted by B&T Fair Investments, involves the 1.31 acre property located at 116 SE 8th Avenue. The property was the subject of a previous site plan approval (21-005-TRC) for the development of 12 townhomes. As of the writing of this memo, construction of the townhomes is now nearly complete. The plat proposes to subdivide the subject property into 12 separate parcels (one for each townhome), as well as common area tracts. The City's Technical Review Committee reviewed the preliminary plat application and recommended approval with conditions to correct minor errors in the plat. The City Council met previously, reviewed the preliminary plat, and approved the preliminary plat, also with conditions. The Final Plat has received review by staff, and the applicant has revised the plat, as well as the Declaration of Protective Covenants, Conditions and Restrictions. Staff finds that the all conditions of approval of the preliminary plat have been satisfied and all submitted documents are in compliance with applicable standards. We recommend the Council approve the Final Plat, subject to the condition that the applicant is responsible for obtaining all other permits and approvals from local, state, and federal agencies necessary for the development of the subject property. V. NEW BUSINESS ITEM A CONTINUED Planner Smith commented there could be a concern with drainage should the City require paving, since no increase in impervious surface calculations were being proposed. 3. Mr. Ammar Adnan, and Mr. Aaron Pakulak, both with Pennoni, and Mr. Jesse Balaity with Balaity Property Enhancement, on behalf of the Applicant, Mr. Nicholas Jones, were present electronically via Zoom. The seven comments listed on page 11 of the Planning Staff Report were discussed. Their client would prefer to have the area to the South as gravel due to costs. Deliveries would be in the front only by either small SUVs or mini vans. 4. No public comments were offered. 5. No disclosures of Ex-Parte Communications. 6. Motion by Building Official Newell, seconded by Public Works Director Allen, to approve Site Plan Review Application No. 23-008-TRC as presented in [Exhibit 1, which includes the Planning Consultant's analysis of findings and recommendation for approval] with the following conditions: provision of complete landscape buffers on all four boundary areas; reduction in the width of the Southern access to SE 6ih Avenue; provision of landscaping between the building and parking area; the elevated concrete island located within the drive aisle connecting the Northern and Southern areas of the site should either be removed, or a more substantial blocking of that access should be proposed; provision of improved access to dumpster; demonstration that all two-way drive aisles are at least 24 feet wide; provision of a sidewalk along the entire SE 6th Avenue frontage, additional buffering to the SE (backside) of the building; remediation to the rear Swale; ADA access for NE corner of sidewalk; and enhancement and cleanup of the rear (South) area. Motion Carried Unanimously. B. Bridgewater on Taylor Creek Pre -Application Plat Review/Site Plan Application No. 23-009-TRC, review re -plat of Lots 6 through 10, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Okeechobee County Public Records, into 12 Lots (one for each townhome), common area and access tracts, totaling 1.31t acres located at 116 SE 8'h Avenue. 1. City Planning Consultant Smith commented the Plat was reviewed for conformance with the City's Land Development Regulations (LDRs) and Statutory platting requirements. Only one minor formatting error was discovered on page 2, Abbreviations and Legend Table. Legend is covering abbreviation under South Florida Water Management District (SFWMD). Staff finds the proposed Plat plan to be consistent with the approved site plan (Application No. 21-005-TRC), the subdivision requirements of the City's LDRs, and the statutory platting requirements, therefore recommending approval with the following corrections to be made prior to final plat approval: correct the formatting error on page 2 of the Plat regarding the Abbreviations and Legend table, Lots need to be numbered instead of lettered. 2. Administrator Ritter mentioned it is not recommended to receive revisions right before meetings as it does not allow Members time to review. No other comments were offered. 3. Mr. John Rice, on behalf of Property Owner, B & T Fair Investments, Inc. was not present. Prior to the start of the meeting, he emailed an updated copy of the Plat. 4. There were no questions from the public. 5. There were no disclosures of Ex-Parte Communications. 6. Motion by Public Works Director Allen, seconded by Building Official Newell to approve the Bridgewater on Taylor Creek Pre -Application Plat Application No. 23-009-TRC, as presented in [Exhibit 2] with the following contingencies: correct the formatting error on page 2 of the Plat regarding the Abbreviations and Legend table; lots need to be numbered instead of lettered; and minor amendment to one of the tracts due to location of a manhole. Motion Carried Unanimously. TRC MINUTES, July 20, 2023, PAGE 2 of 3 VII. NEW BUSINESS CONTINUED B. Motion and second by Council Members Jarriel and Chandler to approve the 2023-2024 School Resource Officer Program Agreement with the Okeechobee County School Board [for two officers in the amount of $122,218.00 as presented in Exhibit 4]. Motion Carried. C. Motion by Council Members Jarriel and McAuley to ratify street sweeping services for March through September 2023, in the amount of $15,862.00 with USA Services [as presented in Exhibit 5 under the July 18, 2017, Piggyback Agreement from the City of Cape Coral, which has expired]. Motion Carried. D. Motion and second by Council Members Jamel and McAuley to approve an Agreement in the amount of ' $17,767.00 to Craig A. Smith and Associates for the Construction Engineering Inspection Services for the Southwest (SW) 51h Avenue Paving Improvement Project [for the FDOT Small Counties Outreach Program Grant Contract No. G1A84, as presented in Exhibit 61. Motion Carried. E. Motion and second by Council Members Chandler and McAuley to approve, with contingencies [as listed], Preliminary Plat Application No. 23-009-TC/PP, replatting Lots 6 through 10, TAYLOR CREEK MANOR, [as recorded in] Plat Book 3, Page 4, Okeechobee County public records, into a new Plat consisting of 12 lots (one for each townhome), common area, and access tracts, titled BRIDGEWATER ON TAYLOR CREEK, submitted by John J. Rice, on behalf of property owner B and T Fair Investments Inc., consisting of 1.39+/- acres and located at 116 SE 81h Avenue. 1. A private utility easement shall be recorded or platted over the proposed sewer service and covered in the Homeowners' Association (HOA) documents. 2. An easement and/or an HOA document condition shall provide for shared maintenance of all water services that cross over property boundaries. 3. HOA required to maintain and make provisions for the continued maintenance for storm water within the appropriate documents. [As presented in Exhibit 71. Motion Carried. F. The communications tower located behind City Fire Station One no longer in use was recently disassembled. To recoup a portion of the cost, the Public Works Staff was selling it to a metal scrap business. Administrator Ritter conveyed the Okeechobee Utility Authority's (OUA) interest in acquiring it. The consensus of the Council was to offer it to the OUA for the cost incurred to have it disassembled. G. Administrator Ritter and Mrs. Courtney Moyett, Okeechobee County Tobacco Prevention Specialist, presented the options to create a law banning smoking, e-cigarettes/vaping, and/or all tobacco products in City Parks based on newly adopted House Bill 105. The consensus of the Council was to entertain the possible adoption of an Ordinance banning smoking, e-cigarettes, and vaping in City Parks. Staff will proceed with creating a draft and present it to the Council at a future meeting. The appropriate signage to post, at no expense to the City, will be furnished through Mrs. Moyett. H. Distributed prior to the meeting, and now labeled as Exhibit 8, was a rough draft of the Comprehensive Emergency Management Plan, initially written as a Peacetime Plan in 1994. The Council and Staff are to review, provide input, and comments to the Administrator's Office. Once the Plan is reviewed and corrected, a Resolution adopting the document will be presented at a future Council meeting. I. Added Item. Motion and second by Council Members Jarriel and McAuley to approve a payment in the amount of $11,002.50 to Craig A. Smith and Associates for additional Engineering Services required to address a request from the South Florida Water Management District to satisfy final permitting requirements for the Commerce Center. The original contract was in the amount of $49,924.00 [as presented in Exhibit 91. Motion Carried. Vill. CITY ATTORNEY UPDATE ' • Reviewing/drafting various Ordinances for amendments to the Code, including changes to broaden the membership to specific Citizen Boards to include City business owners who do not reside in the County. • Continuing to review documents submitted for a Final Plat Review. • The title for Cattlemen's Square is an on -going issue. • Working on the Memorandum of Understanding (MOU), to address the use of the Primitive Baptist Church property as overflow parking for Freedom Baptist Church. IX. CITY ADMINISTRATOR UPDATE • Expounded on the complications of the MOU with Freedom Baptist Church. • Status on selling the City's property (three Lots) in the SW area, still waiting on the OUA's decision. SEPTEMBER 25, 2023, CITY COUNCIL REGULAR MEETING AND FINAL BUDGET PUBLIC HEARING, PAGE 3 OF 4 ,'3-- C6gVzC Imo' • City of Okeechobee Distributed to City StaffrrRC: Notices Mailed: , ��j _ t( Sign Posted: 55 Southeast 3 d Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Publication Dates: 1"Ad Jams,-rq 31IC-24- 2n0 Ad: +ebeu4u 0 c 04 Fax: (863) 763-1686 �( 1 % Date Received: 0 ? I g 1 -2 j Fee Paid: 1()41. %Q Public Hearing Date: a -X - City Council Action: Preliminary Approved On: 25 j23 Final Signed Records/Plats to Clerks Office: APPLICATION FOR FINAL PLATTING OR SUBDIVIDING PROPERTY NAME OF PROJECT: Bridgewater on Taylor Creek NAME OF PROPERTY OWNER(S): B & T Fair Investments Inc OWNER(S) MAILING ADDRESS: 511 S Parrot Ave Okeechobee, FL 34974 OWNERS PHONE: 863-447-4390 FAX: A p NAME OF APPLICANT: John J. Rice, P.S.M. PAPPLICANT MAILING ADDRESS: 200 SW 3rd Avenue, Okeechobee, FL 34972 I APPLICANTS PHONE: 863-801-6200 (mobile) jr.twps@yahoo.com FAX: C A CONTACT PERSON: John J. Rice, P.S.M. (Land Surveyor) N T CONTACT PERSONS PHONE: 863-801-6200 (mobile) FAX: ENGINEER: Asmussen Engineering, LLC, PHONE: 863-763-8546 ADDRESS: P.O. Box 1998 Okeechobee, FL 34973 FAX: SURVEYOR: Tradewinds Surveying Group, LLC PHONE: 863-763-2887 ADDRESS: 200 SW 3rd Avenue, Okeechobee, FL 34972 FAX: 1 - 12 unit, 2 story townhouse building with appurtenant DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: drivewa sparking, drainage, landscaping and access areas. NUMSERIDESCRIPTION OF PHASES: 1/ project is not phased LOCATION OFIDIRECTIONS TO THE PROJECT: 116 SE 8th Ave Okeechobee FL 34974 r�a. fit- From State Road 70 o south on 8th Avenue 465 feet to site on let P R EXISTING IMPROVEMENTS ON PROPERTY: Project is completed 0 P IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES NO NIA E TOTAL LAND AREA IN SQUARE FEET: 60,478 OR ACRES: 1.4 R T EXISTING IMPERVIOUS SURFACE: 0 SQUARE FEET 0 ACRES 0 % OF SITE Y ADDITIONAL IMPERVIOUS SURFACE: 0 SQUARE FEET 0 ACRES 0 % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 29,024 SQUARE FEET 1.31 ACRES 51 % OF SITE CURRENT ZONING: Residential Multiple Family CURRENT FUTURE LAND USE: Residential Multiple Family CONFIRMATION OF INFORMATION ACCURACY I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information maybe punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Digitally signed by John J Rice Date: 2023.12.05 14:10:04-05'00' 12/05/2023 Signature of Applicant Printed Name Date • Letter of Authorization J, Subarna Josh!, President of B & T Fair Investments, Inc, a Florida Corporation, owner of the property currently under development as "Bridgewater on Taylor Creek", do hereby authorize John J. Rice, P.S.M. for Tradewinds Surveying Group, LLC, to apply to the City of Okeechobee for preliminary and final plat approval for the above referenced project. B & T Fair Investments, Inc, a Florida Corporation By: Subarna o hi, President STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was ackn wledged before me by means of T physical presence or ❑ online notarization, this Say of , 2023 , by Subarna Joshi, as President for B & T Fair Investments, Inc, a Florida Corporation, on behalf of the corporation, who is ❑ personally known to me or has produced 0 L (type of identification) as identification. My Commission Expires YOQITA DESAI Signature m� Notary Public, State of Florida Commission# HH 215641 My comm. expires March 9, 2026 PrintedWarne - Notary Public Seal 12/8/23, 3:39 PM • Detail by Entity Name DIVISION OF CORPORATION', e I ,e : Of �� A ! i J III ,�. Pepartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation B & T FAIR INVESTMENTS, INC. E[LW9 Information Document Number P16000081316 FEI/EIN Number 81-4099285 Date Filed 10/04/2016 Effective Date 10/06/2016 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/22/2022 Event Effective Date NONE Principal Address 511 South Parrott Ave. OKEECHOBEE, FL 34974 Changed: 04/11/2018 Mailing Address 511 South Parrott Ave. OKEECHOBEE, FL 34974 Changed: 04/11/2018 &gistered Agent Name & Address joshi, subarna 511 South Parrott Ave. OKEECHOBEE, FL 34974 Name Changed: 04/11/2018 Address Changed: 04/11/2018 Officer/Director Detail Name & Address Title President htfnc•//coarrh minhi7 nrn/tnnnirv/r.mmnratinnCoarrh/CaarrhPaco iitnafail9inniiinAuna=FnfituNnmoRAirorfirnTvno=lnitialRcoarrhKin mP0rrlar_RTFGIPik] 1/9 12/8/23, 3:39 PM Detail by Entity Name • • 2-22-37-35-OA00-00013-A000 ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL 33430-2824 3-21-37-35-0020-02520-OOA_O BRAVOFLORIDA LLC 4_2_20 EDISON LAKES P_K_W_Y MISHAWAK_A IN 4_6545-1462 3-21-37-35-0020-02520-OOA1 _ BRAVOFLORIDA LLC _ 4220 EDISON LAKES PKWY MISHAWAKA _ IN� _ V 46545-1462 i 3_21-37-35-0020-02520-OOEO FT DRUM CORPORATION PO BOX 1177 OKEECHOBEE FL �^ ^ ^34973-1177 3-21-37-35-0020-02520-001-10 FT DRUM CORPORATION PO BOX 1177 OKEECHOBEE FL 34973-1177 3-21-37_35-0020-02520.0010_ ORCINO GERARD , 469 SE 37TH TER ` OKEECHOBEE FL _ _ 34974-3725 3-22-37-35-0260-00000-0010 BE A MAN BUY LAND LLC 4260 SE FEDERAL HWY STUART FL 34997-4937 3-22-37-_35-0260-00000-0040 BE A_M_AN BUY LAND LLC 4260 SE FEDERAL HWY STUART 3-22-37-35-0260-00000-0110 GAUGER SALLY A _ N6010 LYONS RD �^ _ _ _ BURLINGTON _FL WI ! _3499_7-493.7 53105 ! 3-22_37-35-0260-00000-0130 GERREN GEORGIA _ 1508 SE 8TH DR , OKEECHOBEE FL� 34974-5387 3-22-37-35-0270-00010-0010 CURTIS JUDY M C/O TERESA ADAMS 209 SE 8TH AVENUE OKEECHOBEE FL 34974 ' 3-22-37-35-0270-00010-0020� PRADO-CALDERON JONATAN 3101 NW 37TH AVE OKEECHOBEE FL 34972-1132 ROMERO RUBEN _ _ _ 811 SE 3RD ST OKEECHOBEE FL 34974-4540 �3-22-37-35-0270-00010-0030 3-22-37-35-0270-_00010-0040GUERRERO FRANCISCO 13940 NE 26TH AVE OKEECHOBEE FL 34972-8567 3-22-37-35-6270-00010-0050 PEREZ JOSE FERNANDO _ ^ 815 SE 3RD STREET �! OKEECHOBEE FL 34974 �~ f 3-22-37-35-0270-00060-0010 GERREN GEORGIA L 220 SE 8TH AVENUE OKEECHOBEE FL 34974 3-22-37-35-0270-00060-0020 Petition No. d3- 0 0 10 � 'F1 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of 3 , and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of Date e v Name of Applicant (printed or typed) STATE OF FLORIDA COUNTY OF r* f Q C )(*h P P s The foregoing ins ment was acknowledged before m y means of C�' F�yssjcal presence or U online notarization, Phisu day of 1lP re rnhc , 20, by aE', , who is -personally known to me or produced as identification. (Name of Person) MARUw MAMIR AL Notary Public Stateaf Florida : Comm# HH243107 s�NCE 19�e Expires 3/21/2025 NOTARY PUBLIC SIGN URE A mvillum OM nK 78 Z RG 240 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 10/13/2016 09245244 AM AMT s92r000.00 RECORDING FEES :10.00 .OTHIS INSTRUMENT PREPARED BY AND RETURN TO: DEED DOC $644.00 John E. Brrd"kew RECORDED BY L Sha i n Lake Okeechobee Title Inc. Ps 240 i (1 ps ) 425 SW Pak Strut Okeechobee, FL 34974 Property Appraisers Parcel Identification (Folio) Number: 3-22-37-35-02 1111 0060&0080 SPACE ABOVE THLT LINE FOR RECORDING DATA THIS WAR tANTV DEED, Made the 12th day of October, 2016 by Ashraf Shabaan Ahmed, A married Man , whose post office address is 930 SE 23rd Street, Okeechobee, FL 34974 herein called the grantor, to B & T Fair Investments, Inc., A Florida Corporation whose post office address is 1403 SE Sth Avenue, Okeechobee, FL 34974, hereinafter called the Grantee: (Wherever used herein the term grantor" and grantee" include all the parties to this Instrument and the heirs, legal representatives and assigns of indtviduals. and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: Lots 6, 7, 8, 9 and 10 TAYLOR CREEK MANOR, according to the plat thereof as recorded in Plat Book 3, page 4, public records of Okeechobee County, Florida. This is not the Homestead of the Grantor.' Subject to easements, restrletioas=>,and --reservations of record and taxes for the year 2016 and == thereafter. ; TOGETHER, with all the tenements, Jt&*editaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simigo forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. — Signed, sealed and delivered in the presence of: W mess #1 Signature - �u..� � ��.wc� SDES►1 A�.aJ ~ WitnCsa�� anr0 Witness #2 Shmature Witness #2 Printed N*ne STATE OF FLORIDA COUNTY OF OKEECHOBEE As raf Slffiliaan Ahmed The foregoing instrument was acknowledged before me this 12th day of October, 2016 by Ashraf Shabaan Ahmed who is personally known to me or has produced L, - . as identification. SEAL My Commission Expires: ----- 1 w FiRi wm" grinted Notary File No.: 16-1314 12/8/23, 3:39 PM a Okeechobee County Property fwiser Okeechobee County Property Appraiser nlickey L. Bandl, CFA Parcel: («l 3-22-37-35-0260-00000-0060 (36604) C»` 2023 Certified Values updated: 12/712023 Aerial vbwer Pictomaiery_G_o_o0b Maps_ 02023 02022 02021 02020 02019t ClSeles ♦ t ' jk� I s.,..�..... s •?.�i s �. + R �^ q v 4 k �I Owner 3 Property Info Resut 5of 79 Owner B 6 T FAIR INVESTMENTS INC 611 S PARROTAVE OKEECHOBEE.FL34974 Site 116 BE 8TH AVE OKEECHOBEE Description* TAriOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 8, 7, 8.9 6 10 Area 1.366 AC S/T/R 2237-35 Use Code" VACANT (0000) ITax District 150 'The Desch 1� sba Is not w be used as the legal Description for this prcN in my "I esreaction. ••TM se is a Dept. of Revenue code. Please contact Okeschobes County Plan" a Development at 863-763.5548 Property b Assessment Values 2022 Certified Values 2023 Certified Values Mkt Land $162,583 Mkt Land $162.583 Ag Land >i0 Ag Land 50 Building $O Building $0 XFOB $0 XFOB $O Just $162,583 Just $162.589 Class $0 Class $0 Appraised $162.583 Appraised $162,583 SOW10X $OW10% Cap Cap l?I $23,47T PT $9,561 Assessed $162.583 Assessed $162,583 Exempt E0 Exempt $0 Total seerty$139,111 eys139,111Total wfy.5153,022ey5153,022 Taxable elhsrs139,111 eetws1:5182,583 Taxable ether.S153,022 sehea:5162,583 Note: Property ownership changes can cause the Assessed value of the property to roset to full MaAsl value, which cout d result In higher property taxes. � Sales History Sale Dale Sale Price Book/Page Deed VA QuallBcadon (codes) RCode 10/122016 $92.000 0781/0240 WD V Q 05 (MU"arcel Sale) - show 12/9/2016 $143,000 0768/0714 SW V Q 05 (Multi -Parcel Sale) - show 5/192005 $375,000 056"952 WD I U 02 (Mind -Parcel Sale) - stow 4202004 $0 0529/1415 WD I U 03 41202004 $251,000 052911414 WD 1 U 02 (Multi -Parcel Sale) - show 2/22/2002 $0 047111810 OC I U 03 22=002 $0 0471/0096 OC I U 03 1/142002 $0 0474/0153 V U 01 22T2001 $0 0451/0532 B �PR IU Ot 9/19/1996 $0 0382/1318 C V U 03 8/19/1996 SO 0382/1317 QC I U 03 J w Building Characteristics _ —� Bldg Sketch Description' Year Bit Base SF Actual SF Bldg Value NONE — w Extra Features a out Buildings (codas) -- Code j Description Year Blt Value Units Dims Condition (k Good) NONE w Land Breakdown Code Description Units Adjustments ER Rate Land Value 163TC1 CRKSIDE SO (MKT) 106.130 FF (0.569 AC) 1.0000M.09001.0000/ / $610 /FF $64.782 163TC1 CRKSIDE SO (MKT) 163.220 FF (0.797 AC) 1.0000/1.0700 1.00001 / $599 /FF $97,801 _ search Result 5 of 79 o Okeechobee County Property Appraiser I aaokey L Sm A CFA I Okeechobee, Florida 18817814422 _ by: GdulyLooie.00m httas://wv.w.okeechobeena.com/ais/ 1 /1 • • 2'x2'x4' CONCRETE PAD 'YIN. DIVIDU 8'i NNEC IOL HOUSE COPROPERTY LINE LF-AN-OU7 MM INVERTED TEEWOC4 PLUG FLUSH WIN CONCRETE CHECK VALVE (RESIDENTIAL) METER BOX BOXY PRESSURE TEST LIMIT PAVEMENT ENDS TO BE ALL PLu� ! W/STOPPES EASEMENT. R/w OR PROPERTY LINEVAL PROPERTY WE INVERTED PLUG FLUSH W/ CONCRETE PAD (NON -TRAFFIC AREAS) GRADE 6' J STD. . P. Y 2' SQUARE. 4' THICK-f a DOUBLE N Y BRANCH 6' 300E P.S.I. CONC. PAD j 8' P.V.C. D AS I BEND AS REQUIRED i 2'a2'x4' CONCRETE PAD 24" 24' Z MIN. MIN. ` ANGLE STOP K METER 3 (LOCKING TYPE) w O 6-z4- WYE 4' WK INDIVIDUAL 2x2 x4' I HOUSE CONNECTION CONCRETE PAD QFAII-OUT WIN INV(727m I PLUG FLUSH NTH CONCRETE I ISOLATION VALVE 3/4 OR 1' MIN. SERVICE LINE ¢ O -.-'-.-' a --'---'-- 8"x6" P.V.C. TEE-WYE POLYETHYLENE TUBING O i PLUG & SEAL TRENOI 8" P.V.C. 90' ELBOW (SEWER SWEEP) I/I p., RUB lIII�'\ EASEMENT, R/W OR PROPERTY LINE SHORT SERVICES ONLY W INVERTED PLUG NTH CONCRETE -- ----_--_-- -! 0 0 ai MAIN 0' OR 45' MAIN ANGLE 2'x7x4" CONCRETE PAD PLAN LE N-OUT NTH EASEMENT. R/W OR PROPERTY UNE CLEAN INVERTED PLUG FLUSH I 1MIN CONCRETE TYPICAL MAIN LINE TERMINAL CLEANOUT 11 �I llll j EASEMENT. R/W OR PROPERTY LINE CENTER & SEAL 6' P.V.C. 3'-D" MIN. ENDS (TYP) CORP STOP SERRE�j/�TFEµL FOR INSTALLATION OF SERVICES UNDER TOOT^ fro - 2'x2'x4' CONCRETE PAD PER FaoT YIN. EXIS7ING OR PROPOSED PAVEMENT AND RIGHTS OF WAY, INSTALL GALVANIZED STEEL (Y MIN., DOUBLE STRAP SADDLE. 4" MAX.) SCH. 40 PVC OR HDPE CASING (CORPORATION STOP PlII6 FW9N THINVERTEDE -� PLUG t SEAL IS REQUIRED) \\� ' I GRADE N OTES'- i 6' P.V.C.14' % 1' STD. I .G DOUBLE 'Y BRANCH j j 2' SQUARE. a" THICK—/ 1. SUCCESSIVE TAPS INTO THE WATER MAIN SHALL BE SPACED A MINIMUM OF S-O' MIN. 4. 45' BEND ( 6' CLEANOUT ASSEMBLY 300E P.S.I.CONC. PAD W/ SCREWED CAP- INVERTED 18" APART. TAPS SPACED BETWEEN 18" TO 48" SHALL BE OFFSET TO EACH 6' P.v.G SERNCE I PLUG FLUSH W/ CONCRETE PAD SIDE OF THE MAIN. OR OFFSET 45•. 2. METER SHALL BE SET CONFORM FINISHED GRADE ADJACENT TO / LATERAL ID BE DELERwNED IN / THE FIE1D (6W MAX) j (NON -TRAFFIC AREAS) TY PROPERTY LINE. METER BOX SHALL NOT PLACED IN SIDEWALK OR DRIVEWAY S E - x --- 6" P.V.C. WYE A AREAS. SERVICE LINES SHALL NOT BE PLACED UNDER DRIVEWAYS. , 3. SERVICE CONNECTION TUBING TO BE POLYETHYLENE AND MAXIMUM LENGTH OF 100% 6'x4 IRE /// TO STREET SERVICE _ _.____._ J I__ TO BUILDING 4. ALL 5/8 ' & 1" METERS REQUIRE A 3/4 - & 1" LOCKING SLOPE 1 4 - PER FOOT TYP_ _ _--__ _ ANGLE METER VALVE RESPECTIVELY. 1/6 - PER FOOT — 5. AFTER METER INSTALLATION, INSTALL LINE VALVE IN CUSTOMER SERVICE LINE. Illl%sIURBED EARTH SINGLE SERVICE CONNECTION DOUBLE SERVICE CONNECTION 6. DIMENSION "A' - 7' (5/8" X 3/4' METER) TYPICAL SERVICE LATERAL ONE WAY CLEANOUT - 8- 0- METER) 7. CONTRACTOR TO PROVIDE & INSTALL ENTIRE WATER SERVICE UP TO ANGLE STOP SECTION INCLUDING METER BOX. 8. OUA TO PROVIDE AND INSTALL METER. N O T E S. 1. SERVICE LATERALS SHALL TERMINATE AT PROPERTY LINE AT A DEPTH OF 3 FEET, PLUGGED WATERTIGHT NOTES 1. ONE WAY CLEANOUT (SWEEP TO STREET SERVICE). 9. QUA TO INSTALL IN -LINE DUAL CHECK VALVE (RESIDENTIAL). WITH CLEAN -OUT- 2. CLEAN OUT SHALL BE LOCATED ON RIGHT OF WAY LINE. 2- THE MINIMUM DIAMETER OF ALL SINGLE HOUSEHOLD CONNECTIONS SHALL BE 4"MINIMUM ALL OTHERS SHALL BE 6" 3. IN TRAFFIC AREAS A METAL CLEANOUT COVER AND LID 10. QUA TO INSTALL ISOLATION VALVE & BOX ON CUSTOMER SIDE OF METER INSTALLATION. AND ALL DOUBLE SERVICES SHALL BE INSTALLED OVER PVC CLEANOUT. 3. CONNECTION TO O.U.A. LATERAL SHALL BE MADE PATH A CLEAN -OUT AT PROP.FRTY LINE 4. ALL CLEAN OUTS REQUIRE AN INSPECTION. • 36' MIN. IN STATE ROAD R/W & UNDER ASPHALT BY THE CONTRACTOR OR CUSTOMER MAKING THE CONNECTION, NTH A 2'x2'x4 CONCRETE PAD WTH A INVERTED PLUG, BOTH TO BE SET AT FINAL GRADE OKEECHOBEE UTILITY AUTHORITY CONSTRUCTION STANDARDS & DETAILS OKEECHOBEE UTILITY AUTHORITY CONSTRUCTION STANDARDS & DETAILS OKEECHOBEE UTILITY AUTHORITY CONSTRUCTION STANDARDS & DE REVISION TYPICAL SERVICE CONNECTION (UNDERGROUND) PAGE N REVISION PAGE No REVISION OCT. 2015 FOR D1 OCT. 2015 TYPICAL SEWER SERVICE CONNECTION OCT. 2015 TYPICAL CLEANOUT 5/8" x 3/4" OR 1" METER D31 ISOLATION VALVE W/ VALVE BOX AND METER BY OKEECHOBEE UTILITY AUTHORITY TYPICAL ALL Z SERVICES 3/4 "SERVICE LINE ANGLE STOP (TYP) CORP STOP • ............. • ....... . METER SINGLE SERVICE ; : CHECK VALVE ; PROPERTY ; LINE (TYP) 3'-0' MIN. TOP OF BANK TAYLOR CREEK 3/4 LINE (TYP) Z CORP STOP TOP SERVICE LINE 12' X 12' SUM ; - N BOTTOM 18' NAVD _ (SEE DETAIL) Y BRANCH Ix DOUBLE SERVICE 3 OUTFACE CONTROL o• STIR. (SEE DETAIL) - 3'-0" MIN. ^ / DOUBLE STRAP TAPPING SADDLE - AWWA (TYP) T / \ c�i �1 � MULTI -SERVICE 'Y � : • � / %6 / s • 1, CLEARING AND GRUBBING; TECHNICAL SPECIFICATIONS CLEARING AND GRUBBING, WHERE REQUIRED BY THESE PLANS, SHALL BE PERFORMED IN ACCORDANCE WITH ACCEPTED SPECIFICATIONS, THIS SHALL INCLUDE, BUT N❑T BE LIMITED T❑, COMPLETE REMOVAL ❑F ALL TREES, BRUSH, STUMPS, R❑❑TS, SEPTIC REMNANTS, GRASS, WEEDS, RUBBISH AND OTHER UNDESIRABLE MATERIAL (T❑ A DEPTH ❑F 18 INCHES BELOW NATURAL GROUND OR PR❑POSED FINISHED GRADE, WHICHEVER IS LOWER). AREAS T❑ BE CLEARED GENERALLY CONSIST ❑F DRIVES, PAVED PARKING, BUILDING AREA AND WATER MANAGEMENT AREAS, EROSION CONTROL SHALL BE ACCOMPLISHED BY SEEDING AND MULCHING OR SODDING, C❑NTRACTI❑R(S) T❑ W❑RK WITH ENGINEER AND CITY STAFF T❑ MEET THE INTENT ❑F THESE PLANS, ALL MATERIAL REMOVED FROM THE SITE SHALL BE LEGALLY DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. ORGANIC MATERIAL MAY BE BURNED ONSITE PROVIDED CONTRACTOR OBTAINS ALL REQUIRED BURN PERMITS, ANY UNBURNED REMAINS SHALL BE DISPOSED ❑F ❑FFSITE IN ACCORDANCE WITH ESTABLISHED REQUIREMENTS. THE CONTRACTOR SHALL MAINTAIN ALL STORMWATER ❑NSITE DURING CONSTRUCTION AND PREVENT DISCHARGE ❑F TURBID WATER T❑ THE RECEIVING SYSTEM, SHOULD SEVERE STORM EVENTS OCCUR, MAKING CONTAINMENT IMP❑SSIBLE, CONTRACTOR SHALL TAKE ALL POSSIBLE STEPS T❑ PREVENT DISCHARGE ❑F TURBID WATER, "STEPS" INCLUDE; INSTALLATION ❑F ADDITIONAL SILT FENCE, UTILIZATION ❑F HAY BALES, CONTAINMENT BERMS AND FOR EXTREMES TREATMENT ❑F STORMWATER PONDS WITH ALUM, 2, EARTHWORK & GRADING; ALL EARTHWORK AND GRADING SHALL BE PERFORMED AS REQUIRED T❑ ACHIEVE FINAL GRADES, TYPICAL SECTIONS (AND ELEVATIONS) INDICATED ON THE PLANS, IN ALL OTHER RESPECTS, MATERIALS AND CONSTRUCTION METHODS F❑R EARTHWORK, EMBANKMENT, EXCAVATION AND GRADING SHALL C❑NF❑RM TO ALL REQUIREMENTS ❑F THE CITY OF ❑KEECH❑BEE (REFER TO LDR'S), ANY UNDESIRABLE MATERIAL, /TTI ITA 1 T1 1Mr-r- /n\ rrrT nr rTAITC11 Irn r711"l A n f-M A nr C`1 I A 1 1 nr CONTRACTION JOINTS SHALL BE CONSTRUCTED TRUE T❑ WITH FACE PERPENDICULAR TO SURFACE OF PAVEMENT, JOINTS SHALL BE PROVIDED IN B❑TH LONGITUDINAL ANE TRANSVERSE DIRECTIONS AT A MAXIMUM SPACING OF EIGHTEEN (18) FEET, DEPTH ❑F CONTRACTION JOINTS S BE N❑ GREATER THAN 1/4 N❑R LESS THAN 1/5 ❑F PAVE THICKNESS, CONTRACTION JOINTS SHALL BE FORMED BY SAWING, PRE -MOLDED INSERTS OR HAND T❑OLI JOINTS I BE COMPLETED BETWEEN F❑UR (4) AND EIGHTEEN (18) H AFTER CONCRETE HAS BEEN PLACED, EXPANSION JOINTS SHALL BE PLACED BETWEEN PROPOSE PAVEMENT & OTHER RIGID STRUCTURES SUCH AS DRAINA INLETS & EXISTING CONCRETE SLABS, EXPANSION JOINT SHALL . BE 1/2" WIDE & FILLED WITH A PREF❑RMED EXPANSION JOINT FILLER, CONFORMING TO AASHTO M-21� JOINT SEALING C❑MP❑UND, CONFORMING TO AASHT❑ M-17: CONSTRUCTION JOINTS SHALL BE USED IF CONCRETE PLACEMENT IS INTERRUPTED L❑NG ENOUGH TO CAUSE A JOINT, IF P❑SSIBLE, CONSTRUCTION JOINTS SHALL BE PLACED AT L❑CATI❑N ❑F A PLANNED CONTRACTION JOIN - THE JOINT SHALL BE F❑RMED BY EITHER A SEMICIRCULF KEY -WAY 2" DIAMETER ❑R 14" L❑NG 6" DOWELS PLACED ACR❑SS THE JOINT 12" ❑N CENTER. FINISH OF CONCRETE SHALL BE A UNIFORM, GRITTY, NON -SLIP SURFACE, BR❑❑M FINISHED WITH A C❑ARSE BR TO PROVIDE A N❑N-SKID SURFACE JUST BEF❑RE THE WF SHEEN DISAPPEARS. N❑ WATER SHALL BE ADDED T❑ TH SURFACE T❑ ASSIST FINISHING OPERATIONS, CONCRETE SHALL BE CURED BY PROTECTING IT AGAINST L❑SS ❑F MOISTURE AND MECHANICAL INJURY FOR AT LEAST THREE DAYS AFTER PLACEMENT, A LIQUID CURING MEMBRANE, TRANSLUCENT WITH A FUGITIVE DYE AND CONFORMING T AASHTO M-148, SHALL BE APPLIED IMMEDIATELY AFTER FINISHING HAS BEEN COMPLETED, READY -MIXED CONCRE- SHALL CONFORM TO AASHT❑ M-157. SLUMP SHALL BE BETWEEN TW❑ (2) AND FOUR (4) INCHES, N❑ WATER SF BE ADDED TO INCREASE WORKABILITY, E. SOD; DISTURBED AREAS, INCLUDING SWALES ADJACENT ACCESS POINTS, WILL BE SODDED WITH BAHIA T❑ C❑NTF WASHING/EROSION GOING FORWARD. RETENTION B❑TT❑MS /TI 1 A 1 nt1 71r fl f'7 T1 T\r Tl % /TTI 1 Tl A 1 IT A VO \ G �000 'S��\cG \ G QG 4o X 1 7.4' K s/ ins>: s C'P Y.Afi l5 a2820' / MM% / O G EFJ�✓. CF O\ N•31\ 45.91•(C) V r l V l� BENCHMARK SET 5/8' IRON ROD & If CAP 'KAB LS 4820' ELEV. 22.31' (NGVD 1929) tK If If - O xnG� V n h h T a' RC::^+0 CG::�R7TE MVNUMENT 'PRM K45 LS 4 20" ax � N • • OPENING do GATE OPTIONAL (3' MINIMUM) 6' STEEL BOLLARD FILLED W/ CONCRETE SEE DETAIL �J �.;s•. y.•.�.y5 �'..r.�,�! Wit• O 10' CLEARANCE INSIDE 5' DOOR W/ X—BRACE 1 HEAVY—DUTY TEE HINGE--" (TYP. BOTH SIDES) I 1 DDOOR2' STRAP, 3 EACH \ 6' x 6\PT. HEAVY —DUN POSTS C"') BOLT / \ GATE STOPS / \ (HOLES DRILLED IN i PLAN VIEW N.T.S. GENERAL NOTES n mH11111"Immo., L10'X 10'X6'THICK CONCRETE PAD FOR DUMPSTER 6'X6' 1OX10 W.W.M.• SECTION VIEW N.T.S. 6'x6' P.T. POSTS B'—O' LONG 2'X4' P.T. 2 X4' P.T. NAILERS 2 X4P.T. 1'x4' P.T. SLATS 5'-0' LONG 2'X4' P.T. EXIST. ASPH. CONC. DRAIN CAPS, 12' DEEP COMPACTED GRAVEL FILL TED SUB GRADE FENCEPOST DETAIL DUMPSTER ENCLOSURE DETAILS N.T.S. N.T.S. A DUMPSTER IS SHOWN (PROPOSED) ON THESE PLANS, TO BE CONTAINED WITHIN A DUMPSTER ENCLOSURE. CONSIDERATION COULD BE GIVEN TO THE USE OF INDIVIDUAL GARBAGE CANS (FOR EACH UNIT). 1. ALL AREAS NOT COVERED BY PAVEMENT OR BUILDING SHALL BE LANDSCAPED (FRONTAGE), SODDED (WMS) OR LEFT IN ITS NATURAL STATE (CANAL BANK). 2. PERMANENT EROSION CONTROL SHALL BE INCORPORATED AT THE EARLIEST PRACTICAL TIME. 3. TEMPORARY EROSION CONTROL (INCLUDING, SILT FENCE) SHALL BE USED TO PREVENT EROSION BEING DIRECTED OFFSITE, 4. TEMPORARY EROSION CONTROLS MAY CONSIST OF (BUT NOT LIMITED TO): GRASSING, SODDING, SAND BAGGING, SLOPE DRAINS, SEDIMENT BASINS, BERMS, BALED HAY OR STRAW, FLOATING TURBIDITY BARRIERS AND STAKED SILT FENCING. 5. LOCATION OF EXISTING UTILITY LINES AND DRAINAGE STRUCTURE (CONTROL STRUCTURE) ON THESE PLANS ARE APPROXIMATE ONLY. A IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THESE L❑CATIONS (PRIOR TO COMMENCEMENT OF CONSTRUCTION). 6. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ANY EXISTING UNDERGROUND UTILITY LINES (NOT SHOWN ON THESE PLANS) AND TO PRESERVE AND PROTECT SAID UTILITY LINES. 7. WRITTEN DIMENSIONS ON PLANS SUPERCEDE SCALED DIMENSIONS. 8. CONTRACTOR SHALL SCHEDULE OPERATIONS SUCH THAT A MINIMUM AREA OF UNPROTECTED ERODIBLE EARTH (NECESSARY FOR EFFICIENT CONSTRUCTION OPERATIONS) SHALL BE EXPOSED AT ONE TIME (AND FOR THE SHORTEST DURATION POSSIBLE). 9. CONTRACTOR SHALL NOTIFY THE SUPERINTENDENTS OF THE WATER, GAS, SEWER, TELEPHONE, CABLE T.V. AND ELECTRIC POWER COMPANIES TEN (10) DAYS PRIOR TO COMMENCEMENT OF CONSTRUCTION HE INTENDS TO CONDUCT IN THESE SPECIFIC AREAS. EDGE OF PAVEMENT 24" STOP RAP PAD 2' OVERHANG 12' • L ...................* { ..QwPp Parking By Disabled permit Only 7' 5' F HANDICAP INDEX 17 TYPICAL HANDICAP MAY BEh ON BUILD STOP 30" x HIGH PRISM 10' MAXIMUM 6' TO I EDGE OF PAVEMEN INSTOP SIGN 8' 1 2 19.0, SLOPE TO CREEK 2' 23.0' t 2 22A 2' 2' VARIES 20.0' NAVD 9' (MIN) PATIOS/BLDGS 22.0' t 6 2' DRY DETENTION TYPICAL SECTION N.T.S. LAND USE/DESCRIPTION USE TABLE SQ.FT. AC. % COVER TOTAL SITE 57,064.00 SQ.FT. 1.31 AC. 100.00 ONSITE IMPERVIOUS 29,023.97 SQ.FT. 0.66 AC. 50.86 ASPHALT 17,033.11 SQ.FT. 0.39 AC. 29.85 BUILDING 10,794.58 SQ.FT. 0.25 AC. 18.92 CONCRETE 997.22 SQ.FT. 0.02 AC. 1.74 ® CURBING 199.06 SQ.FT. 0.005 AC. 0.35 OFFSITE IMPERVIOUS 1,852.79 SQ.FT. 0.042 AC. ASPHALT 1,852.79 SQ.FT. 0.042 AC. ONSITE PERVIOUS 28,040.03 SQ.FT. 0.64 AC. 49.14 LANDSCAPING 5,859.56 SQ.FT. 0.13 AC. 10.27 FRnNTAC:F -1 794 Rn SC) FT n nR AC' TOP OF BANK TAYLOR CREEK 12' X 12' SUM : BOTTOM 18' NAVD (SEE DETAIL) : ❑UTFALL C❑NTR❑L STIR. (SEE DETAIL) BRIDGEWRTER I I K F F C I I I SECTION 22/T[ PARCEL IDS 3-22-37-35-0260 'ILLE OKEECHOE NA BEACH DRT PIERCE OKEECHOBEE LANDSCAPING TABLE REQUIRED LANDSCAPING NOTES 36 TREES 1. The four (4) existing oak trees at the front of the property are to be removed. 42 SHRUBS 2. The shrub symbols (0)) & (bb) represents three (3) shrubs. 3. The l Palms should be planted a minimum of fifteen (15) feet apart. EXISTING TREES TO REMAIN 4. According to landscaping requirements, 7 TOTAL tree clusters shall not exceed 50' on centers abutting the street. PROPOSED LANDSCAPING 42 COCOPLUM Chrysobalanus icaco (Red Tip) 78 SWEET VIBURNUM Viburnum odoratissimum 14 FOXTAIL PALMS Wodyetia bifurcate 12 SABAL PALMS Sabal palmetto 4 CREPE MYRTLES Lagerstroemia indica LANDSCAPING PROVIDED 37 TREES & 120 SHRUBS LANDSCAPING NOTES: 1. ALL PLANTS WILL BE FLORIDA GRADE NO. 1 (❑R BETTER) IN ACCORDANCE WITH "GRADES AND STANDARDS FOR NURSERY PLANTS", PUBLISHED BY THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. NURSERY STOCK SHALL MEET MINIMUM REQUIREMENTS OF THE "AMERICAN STANDARDS FOR NURSERY STOCK" PUBLISHED BY THE AMERICAN ASS❑CIATI❑N OF NURSERYMEN, INC, 2, PLANTS SHALL BE SOUND, HEALTHY, VIG❑R❑US, FREE FROM MUTILATI❑N, PLANT DISEASES, INSECT PESTS OR THEIR EGGS, AND FUNGUS AND SHALL BRIDGEWATER ON TAYLOR CREEK A SUBDIVISION IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, BEING A REPLAT OF ALL OF LOTS 6 THROUGH 10, INCLUSIVE, TAYLOR CREEK MANOR, PLAT BOOK 3, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED IN OFFICIAL RECORDS FiLE NUMBER 2023 LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 22. TOHNSUR 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING ALL OF LOTS 6 THROUGH 10, INCLUSIVE, TAILOR CKLLK MANOR, PLAT BOCK 3, PALE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEEN AT THE SOUTHEAST CORNER OF LOT S. AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR, SAD CORNER BEING ON THE WESTERLY LINE OF THE FIGHT -OF -WAY FOR THE UNNAMED S7P--- , 66 FEET N WIDTH, AS SHOWN ON SAD PLAT OF TAILOR CREEK MAJOR, AND AS DEDICATED AND SHOWN ON THE PLAT OF WILDEX SHORES, PLAT BOOK 2. PAGE B9, PUBLIC RECORDS OF 001CHOBEE COUNTY, FLORIDA, NOW NAMED SOUTHEAST 87111 AVDLT. SAID CORNER BEING A POINT ON A CURVE TO THE FIGHT AND CONCAVE TO THE NORTHWEST HAVING A RADI:15 OF 601.12 FEET, A RADIAL LIE BEA75 N75'4Y43'W FROM SAID POINT TO THE RADIUS POINT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LIE FOR THE FOLLOWING 2 COURSES (1) THENCE SOUTHWESTERLY. ALONG THE ARC OF SAID CIRVE SUB-DIOING A CENTRAL. ANGLE OF 22DO13% A DISTANCE OF 230.85 FEET, TO THE P0114T OF REVERSE CURVATURE OF A CURVE TO THE LEFT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 73&75 FEET, (2) THENCE SOUTHVIESTERLY, ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 4A5'31', A DISTANCE OF 52.76 FCET, TO A PONT OF NON -TANGENCY, SAID POINT BEING THE NORTHEAST CORNER OF LOT 11, AS SHOWN ON SAD PLAT OF TAILOR GREEK MANOR; THENCE, DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE. N8326'45W. ALONG THE NORTH LINE OF SAID LOT IT. A DISTANCE OF 199.46 FEEL MORE OR LESS. TO A POINT ON THE EASTERLY EDGE OF TAILOR allX SAD POINT BEING THE NORTHWEST CORNER OF SAID LOT IT; THENCE ALONG THE EASTERLY EDGE OF TAYLOR CREEL MORE OR I= FOR THE FOLLOWING 4 COURSES; (1) THENCE N1426'24'E A DISTANCE OF W.83 FEET; (2) THENCE N17 V43'E, A DISTANCE OF 3&13 FEET; (3) THENCE h1126'S3'E, A DISTANCE OF MIT FEET; (4) THENCE N23Ve28'E. A DISTANCE OF 7294 FEET. TO THE SOUTHWEST CORNER OF AFORESAID LOT 5; THENCE, DEPARTING THE EASTERLY EDGE OF TAILOR CHEEK, 2926.451E, ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 251.80 FEEL MORE OR LESS, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.39 ACRES, MORE OR LESS CERTIFICATE OF TITLE L TERENCE P. MCCARTHY, A OIAY LICENSED ATTORNEY N THE STATE OF FLORIDA, DO HEREBY CERTIFY AS FOLLOWS: 1. RECORD TITLE TO THE LAND DESCRBED AND SOWN ON TARS PLAT IS N THE NAME OF B & T FAR INVESTMENTS. INC.. A FLORIDA CORPORATION 2. ALL TAXES THAT ARE DUE AND PAYABLE PURSUANT TO SECTION 197.192, F.S., HAVE BEEN PAD. 3. ALL MCRTGAGCS NOT SAT170 OR RELEASED OF RECORD NOR OTIC RIMSC TERMINATED BY LAW ARE SHOWN HEREON. 4. THAT THERE ARE ENCUMBRANCES OF RECORD BUT THOSE ENCUMiRANGES DO NOT PRCIiaT THE CREATION OF W SU DIVSDN DEPICTED BY %S PLAT. DATED THUS Cyi DAY U Gullzw- 2013 BY: �ulrl" TERLNCE P. MCCARTHY, ATTORNEY AT LAW CERTIFICATE OF DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT B & T FAIR INVESTMENTS, INC., A FLORIDA CORPORATION, OWNER OF THE LAND DESCRIBED AND SHOWN HEREON AS BRIDGEWATER ON TAYLOR CHEEK, HAS CAUSED THE SAME TO BE SURVEYED ::HD PUTTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS 1) ACCESS TRACT TRACT A. AS SHOWN HEREON, M HEREBY DEDICATED TO BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION. INC., A F RIDA NOT FOR PROFIT CORPORATION, FOR ACCESS AND PARKING PURPOSES FOR THE OWNERS OF LOTS N THIS SUBDIVISION AND SHALL BE THE BE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION. ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF OKEECHOBEE 2) DRY DETENTION AREAS THE DRY DETENTION AREAS, AS SHOWN HEREON. ARE HEREBY DEDICATED TO BRIDGEWATER ON TAILOR CREEK TOWNHOUSE ASSOCIATION, INC.. A FLORIDA NOT FOR PROFIT CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR STORMWATER MANAGEMENT AND DRAINAGE PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, ITS SUCCESSCRS AND ASSIGNS, WITIIOUT RCCOURSC TO THE CITY OF OKCCCIW= 3) OPEN SPACE TRACTS THE OPEN SPACE TRACTS OS-1 AND 05-2, AS SHOWN HEREON, ARE HEREBY DEDICATED TO BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. ITS SUCCESSORS AND ASSIGNS, FOR OPEN SPACE PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE OBUGATION OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF OKEECHOBEE. 4) UTUIUTY EASEMENTS THE UTILITY EASEMENTS OVER A PORTION OF LOTS 1 THROUGH 12. ALL OF TRACT A. ALL OF TRACT 05-1 AND A PORTION OF TRACT CS-2 AS SHOWN HEREON ARE HEREBY DEDICATED TO TAYLOR CREEK TCWNHOUSE ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. ITS SUCCESSORS AND ASSIGNS. FOR THE MAINTENANCE OF UTIUTY SERVICE FACILITIES INCLUDING. WATER, SEWER, TELEPHONE AND CABLE TELEVISION, THE WATER AND SEWER SERVICE FACILITIES SHALL BE THE PERPETUAL MAINTENANCE RESPONSBIUTY OF SAD ASSOCIATION. IN WITNESS w1EREOF, B & T FAR INVESTMENTS INC. A FLORIDA CORPORATION, HAS CAUSED THIS CERTIFICATE OF DEDICATION TO BE EXECUTED THIS 5~ DAY OF 'Q6C4 'N`flfe- 2021 SK.INLA N IHt�Pf/Q�-SNtN7L�Ea v W� NATURE 6 i( / A R T FAR l0'UK I IUN NC. A Fl.UF FA KOESIMENT y)kIL T C 1, W _ wTIESS�dt Flro wl PRNTm E d8S0; PRESIDENT VICE, e (}kc.(CO 1 kb AAS, AOOFOwIDmIFNT STATE OF FLORIDA COUNTY OF OKEECHOBEE THE FOREGOING INSTRUMENT WIAS ACKNOWLEDGED BEFCRE ME BY MEANS OF [X] PHYSICAL PRESENCE OR [) ONLINE NOTARILVTCN, THIS DAY OF T�`GDP V- - 2023, BY SUBARNA JOUEIL AS PRESIDENT FOR B & T FAIR NVAIYENiS, N" A FLORIDA CORPURAT04 ON BEHALF OF THE CORPORATION. WHO IS I I PERSONALLY KNOWN TO ME OR HAS PRCDUCTD 'DrfVP.r`S LiOPn50. AS DEhTIFlCATOK � 1 a1 i and � „, , Wi;1AW WLq,I•j,� MY COMMASSDN FXPIRFS' I r+an c,tr SIGNATURE sme v s•..e. +Ii�ay�Tn*i - Ga..wI, y7uum t�wve i COMWS90N Nu1,sET 1 'GO- (PMTED NAME) - NOTARY SFu LOCATION MAP SCRIP 1' - 250Y ACCEPTANCE OF DEDICATION BRIDGEWATER ON TAILOR CREFA TOWNHOUSE ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. ITS SUCCESSORS AND ASSIGNS. HEREBY ACCEPTS IRE DEDICATIONS TO SA0 ASSOCIATION AS STATED AND SHOWN HEREON, AND HEREBY ACCEPTS ITS MANT'ENANCE OBLIGATIONS FOR SALE AS STATED HEREON, DATED THIS , (fir' _ DAY OF 171�co—S-7 - 2021 90NED N THE PRESENCE OF TOWNEWU7ER ON TAYLOR CREDO ASSOCIATION, INC- A FLORIDA NOT FOR PROFIT CORPORATION WTWM UGNATURvill-OMAilLi _�i.i11TdL- �i(d.�'! kY.L1di�QdPJ� WITNESS 1 PANTED NAME WITNES PRINTED ANE SIJBARNA Wsm, PRESIDENT Ap NOREDGiMEQ STATE OF FLDRDA COUNTY O. OKEECHOBEE CLERK'S CERTIFICATION STATE OF FLORIDA COUNTY OF OKEECHOBEE PLAT BOOK PAGE SHEET 1 OF 2 4 ,ERW.D D. BRYANT, CLERK OF THE CIRCUIT COAT OF Cl EECHOSEE COUNTY, FIDRIDA, HEREBY CERTIFY THAT INS PLAT HAS BEEN FRID FOR RECORD N PLAT BOCK PAGE(S) PLBiIC RECORDS OF OKEECHOBEE C U.TY, FLORIDA. DATED THIS DAY OF , 2023. JOUM 0. BRYANT, CLERK OF THE CIRCUIT COURT DUC40SEE COUNTY, FLORIDA 'ii,Uw-jv TI&=.......... 67i 'i2 SEAL CLEW OF TIE CRWfi COURT 1 I i I STATE OF FLORIDA SEAL COUNTY OF OKEECHOBEE CIM OF OLCEOHOBEE IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE. FLORIDA. THIS DAY OF 2023. r` ATTEST DCWUNG R. WATFORD. JR.. MAYOR .. LANE GAMIOTEA CRC, CITY CLERK - APPROVED AS TO FORM AND LEGAL SUFFICIENCY JCHN J. Fl)MERO, CITY ATTORNEY CERTIFICATE OF REVIEW IN ACUUNUAN!, WIIH CHAPTER 177.081 FLORIDA STATUTES. THIS PLAT WAS REVFWED FOR CONFORMANCE WITH CHAPTER 177. PART 1, FLORIDA STATUTES. WHILE RANDOM CHECKS OF GEOMETRIC DATA SHOWN HEREU WERE PERFORMED, NO REPRESENTATION HAS BEEN RUDE TO THE FULL VERIFICATION OF THE DATA 940M HEREON. 714E FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF [X] PHYSICAL PRESENCE OR [ ] ONLINE NOTARIIA ION. THIS —tLh DAY OF If C P rT\Y1P r _ 2023. BY SIAMNA JDSHL AS PRESIDENT FOR BRDCETATER ON TAYLOR GREEK TOWNHOUSE ASOCIATICN. INC. A r. CARE: BiMOMAS MCHAEL ROOKS, JR FLORIDA NOT FOR PROFIT COWORA710K ON BDHALF OF THE COWORADON. WHO IS (] PERSONALLY KNOWN TO ME OR HAS PRODUCED PROFESSIONAL SJRYEYCR AND MAPPER �n\'Pr L\CP AS DEHTITCATKN. FLORIDA REGISTRATION NUMBER 8347 3 / zl I a as 6 MA�w TW aRb.. SURVEYOR'S NOTES MY COMMISSION EJRIifS I fi „ "PIN {` SiCNAR1RE 1. COORDINATES SHOW HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM. TRANSVERSE MERCATOR !(FI24?JI0`1 { s:s. FkN mnn OAY rFVaLd r�aG� PROJECTION. FLORIDA EAST ZOE 0901. NORTH AMETRICAN DATUM OF 1983, 2011 ADUSTLQNT. COMMISSION NUMBERi Ln.w,w.roY EWSL1yav6 (PRINT© HALE) -NOTARY PjIBLUC 2 BEARINGS SHOWN HEREON ARE 6FID BEARINGS, NORTH AMERIC.W DATUM OF 1983, 2011 ADJUSTMENT, FLORIDA EAST ZONE 0301 AND BASED ON GLOBAL POSMONFNG SYSTEM (CPS), REAL THE KINEMATIC OBSERVATIONS UTILIZING THE THIMBLE 'VHS NOA SEAL NETWORK OF CONTINUOUSLY OPERATING REFERENCE STATIONS NTH REDUNDANT MEASUREMENTS TO VERIFY ACCURACY. MORTGAGEE'S CONSENT THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE, UPON THE PROPERTY DESCRIBED HEREON AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND EESCRBED HEREON BY THE OWNER THEREOF AND AGREES THAT ITS MORTGAGE WHICH IS RECORDED N OFFICIAL RECORDS FILE NUMBER 2D22005264 OF THE PUBLIC RECORDS OF CKEECHtBEE COUNTY, FLORIDA. SHALL BE SUBORDINATED TO THE DEDICATION SOWN HERE DATED INS lS _ DAY OF DeC -z- 20Y3 SIGNED N THE PRESENCE OF WACEAA SUIE IyAy IYy1 BY: wTNESS 1 SIGNATURE 2 SIGNATURESIGNATURE MARK DELANEY. VICE PRESIDENT ,fIndYYAD l'elckn'+n 1/1H It WINES$ 1 PRINTED NAME 7NE- 2 PRINTED NAME AWiOwFDGElO1T SATE OF FLORIDA COUNTY OF Po1It, IRE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF [Xj PHYSIZAL PRESENCE OR [ j ONLINE NOTARIZATION, THIS IS" DAY OF _CILGLW t'&f 20" BY MARK DE.ANEY AS VICE PRESIDENT FOR WACIA,LA STATE BAN(, ON BEHALF OF THE BANK. VMO IS &Q PERSONALLY KNOWN TO TIE OR HAS PRODUCED AS EAMTFICAMON. CERTIFICATE OF SURVEYOR AND MAPPER L JOHN L RICE. HEREBY CERTIFY THAT DOS PUT OF BRIDGEWATER ON TAILOR CREEK. AS SLIM IEREON, IS A TRUE AND CORRECT REPRESENTATION OF THE LAKES &I RVEWTD, THAT SUER SIRVFY WAS MAOF UNOFR MY RESPOt DIRECTION AND SUPERM9O; THAT SUCH SURVEY IS ACCURATE TO THE REST OF MY KNOWLEDGE AND BELIEF, THAT PERMANENT REFERENCE MONUMENTS (P.RM: S) HAVE BEEN SET AS REOARED BY UW; AHD, FURTHER THAT THE SURVEY DATA COMPLIES WIN ALL THE REWIF EWENTS OF CHAPTER 177. PART I OF THE FL.CRIDA STATJIES. w� 1 - DATE: /?I-' Z23 � _ RTC✓; P.S.M.! 'TRtCFESSfONAL SURVEYOR AND MAPPER FLORIDA REGETRADONN NUMBER LS4506 TRACfwNDS SURVEYING GROUP, LLC 700 SW 3RD AVF, O FF04MFF FL 34974 LICENSED BUSINESS NUM 30 LB83BO SEAL B III FAR NVESIM NISI NC. Ti1EMlx SURVEYOR JOIN J. FM P.SM. I MY COMMISSION GNAIRE ; E _ c • -- \' CO WNIMSIOH UUNWE.IR -- I (PRINTED NtAEQ NOTARYPUBLIC : 1 SEAL THIS INSTRUMENT WAS PREPARED BY: JO N J. RICE P.S.M.IN THE OFFICE OF 7RADEWNDS SURVEYING GROUP, LLC TRADEWINDS SURVEYING GROUP. LLC 3, d A.cnuc. `I�c..1.Acc. FL. 34,74 Tel. ;So3 , 7n3-_S8717- .863)763131'_ _ —d L.,.— \umH LB 83NI N- 1 E- BRIDGEWATER ON TAYLOR CREEK A SUBDIVISION IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, BEING A REPLAT OF ALL OF LOTS 6 THROUGH 10, INCLUSIVE, TAYLOR CREEK MANOR, PLAT BOOK 3, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. S R/1P ILE STATE ROAD N0. 70 N.ucOFFuxaCE&iw NE CORER OF t! TAYLOR cRm( 11ANIIR / f LOT 5 / TAYLOR CRF)( MANOR Pe5,Pc4 / + N- t057513.8675 E- 7135140567 / / SM OORER LOT 5 / PRY + SEY26'4S E 251.wi 20.OY: 4900' , u ,t'b auE /-- <^----1W�CT 05-2 Nts4sti173as -- %- . DRY DETD1110N AWA w / �� j§I SWW45E 123.77 / d .� l f /1 3e'm NORTH - a tll7a b/' +a'rJ ,2 v/ + LOT 1 Ur_ h� 4"t I- o"r, / S8957591 124.76'(OA) 1* 4611' 5514! u LOT 2 E It / $ / S695T291124-W(OA) Awl, MiPRY / ; mis s LOT 3 S81157'29112&W(OA) b ti kl�l la 3 8 LOT 4 LE I b d •y, j&1 J '�P'• =�i" - s0RS7'2R1124]610A) 46.00 F ��T / I 5LIt R n^� /7 ,LN' `^8 LOT 5 ,d UE I^ 8. , S895r2R1124.5610A) 4d00r � LOT B I� ! / y S5WWW 12475'(OA) 4E0r b OPIN 5LW M LOT 7_ I S8957491 124.)610A) 4QOY Z : 4/ 56.0 $ R/. EASfl(E11T uE LOT 8 r8 LLE, , 5TWS712'11124]610A) 4606' / + / ww a / / LOT 9 6 uE �. 5695'h9112U1-(OA) l0 4a06' p �'�? / Xor + LOT 10 UE /, % Ali SWSrWWI Mr(OA) I- 4EDr FROM IAE OF BIRDRMG WALL (TYPICAL)--_ �� d'QRTs,� LOT 11LLF Sm'512rN Im5610A) I^ � 45.1 PS l ti/ ry $/ CEIMX E Of PARTY RN! I S6 OY I1rPr+u1 e J sam(u 0 oFT Y^ 3 b ��' MAu 99.90 559T!r45i MAW - OF UE -26 45'R 107.N' 25.4(Y &W 7' Y $ka arr DE1EN)ION AM g /�c ,� (j—f - --N -- TRACT OS-2 — — m�—J � 58ii;4ST 14L3r $ EAIEMO(T 127r 14.92'3 •PRY 2557 / 20.Df 15864' MWW451 TL41rt LNE LOT 11 NE COW LDT 11 i / LOT 11 I i u_P9 AMOK CRaX ` LE z� 7057260.1921/ 717938.SIQT � LINE LOT S — PONT PC 1057511.4277 714065.R(29 PLAT BOOK . PAGE SHEET 2 OF 2 (A(BBREVIATIONS tiM= CEOVEItALL N E- — EASON6- N• — mown111C- DA — OtERALL 66 — OPEN SPACE P9 — RAT SOON PC _ PONT a DBN TM PC — PAW PRC — PONT a IEIFFSE CURVATME R/R — RqR—a—MT SP111D — SWIM PJA A( NAIER YAMACE EMT DISTINCT SR — STATE ROAD U.E. — UIMTY EASEMENT WeVIIC o SET 5x NDN RD AID CAP STAMPED N 61R PRNO SET 5/C RION RD AND CAP STAMPED HI 87E0 PRY • SET MAC JUL VM DISC STAMPED L3 AM AS P£CCRDED N ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SLWVDED REIN AND MIL N NO CIRCUMSTANCES BE WIPUNTED N AUDMTY BY ANY )QTAL FORS OF THE PLAT. TFERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE HIS PLAT THAT MAY BE FOUND N THE PUBLIC RECORDS OF THIS COUNTY. THIS INSTRUMENT WAS PREPARED BY: JDIN 4 RBI, P.S.Y. N THE OFFICE OF 1RA"NDS SURWMG GROUP, LLC TRADEWINDS SURVEYING GROUP, LLC 200 Soudi—t 3rd Avmue, Okeechobee, FL 34974 Tel: (863) 763-2987 F— (863) 763-4342 Licensed Business Dumber LB 9360 rya �o�w Aw �S 35LF 9 Ir DIP NIN 3r RISER TOP OF tSEl EL 21.06' 3Y BLEEDER W. EL L.OB' E WY EL WAS LE NV. EL LEIS BOUNDARY SURVEY PREPARED FOR B & T FAIR INVESTMENTS, INC. UYLOI5R®RE DEERILVEE m CANE AS PER NORM AND Una CREEK IPROLOIDIT 1/9 MAP PREPARED FOR OKiCOIDDEE ROOD CONTROL DWKT AND RECORDED N 1/9 RAT BOOS 2. PAGE 93 SM CORNEA LOT S ram 5/r BON Roo OD (sn' NON 00 M (NO ID) 6 CAP *LBa1W FOM 1• BOAR PPE (ND D) IxSML7 4&00L 1 - S Rry UK STATE ROAD 70 _ K IN OF uY n acEi NAZ ''�7 () rE caiwcB IF unoa OIEEK IuHKB 81 8 �I .$$ T 8I 1 P< LOT 5 to TOUR CREE[ MANOR PO 3, PC 4 BDKIYARK -Ar SOLAX CUT N SVEWa stiloo R 'r ELCL MSB• (NAND 88) -SET NAG MAIL 6 DISK v 93W N UTILITY POLL POWTOFBEGINNNG X ELFV. 2230• (MAYO M) I TOE OFSE CORNER Lot 5 S NW4S' E 2SIXtrBEARNG IS LINE ROT 5 r00W 3/C am PPE (NO n) r —U�_ _ I TOP OF IoU U.4A LV UaiU B /i 1.9 U.AC ' La! Usk D / 9 L uU"9 LM UAAF Two STDRY RESDFJTNL BUILDING LAHIDSGUVE ISLAR FF.E 216E (NAND 88) LU U.N. G W STOP (TWICK) TOP OF UMI J y -- UNOZAK MAIn ` ��'� a+ / KNL W . • /. / - TE A/C PAD LANDSCAPE 15CAllp i 1 / (IKICAL) la/ Unit B . !® _ • ) �� \ ! SAMTAUT OEANOUT _ LANDSCAPE RAND /! •' = 1ST FLOW! COVERED CONCRETELdUnit1 N0 RCONCRETE ) ' , �� , 2OM IOOD DECK , UNitJ ' :� !i �' LMW6CAPE [SAID S ZjInt/u.AK �A / i q j i j IAMLiCAHS RAND - STOP scm I/R CLEANOUT ..19 .. BI.Oo( WALL - ®l PANEL EA S9FLEELECTRIC ECTR 1 ( OF WINE COCAEIE /® ' 1 1 /� _ RI6E ElEC1RC �'CT map`-®)-� NON N. LINE Lo 11 Ny K�Wlyy- -•NJ FOUID 5/6' BOI IE CORNER LOT 11 Fam 5/r am am Rao (ND n) TOP Of ADPE feuB s/Y Nat am ; !� I ! CAP 19 atsr fal• LOT FOUND FART ]/N' / TAVLOR DIED VANOR PPE (■O n) o"I a /gr Z31F! ; / z 0 :'•ram, � / �% LOCATION MAP: (NOT TO SCALE) s� / DESCRIPTION: YAC NAL v &wI A PARCEL OF LAND IN SECTION 22. TOWNSW 37 SOUTH. RANGE 35 EAST. OKEECHOBEE COUNTY, FLORIDA, BEING If ALL OF LOTS 6 THROUGH 10. 9CLUSIVE, TAYLOR CREEK NMIOf, RAT BOOK 3. PAGE t. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARi1CIAMiLY DESCRIBED AS FOLLOWS: j BEGIN AT THE SOUTHEASTCORNER OF LOT S. AS SHOWN ON SAID RAT OF TAYLOR CREEK MANOR. SAO CORNEA BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY FOR THE UNNAMED STREET. 66 FEET IN WIDTH. AS SHOWN ON SAID PLAT OF TAYLOR CREEK PARROT, AND AS DEDICATED AND SHOWN ON THE RAT OF WILCOX SNORES. PUT N BOOK 2. PAGE 69, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA, NOW NAMED SOUTHEAST BTH AVENUE, } SAID CORNEA BEING A POINT ON A CURVE TO THE RIGHT AND CONCAVE TO THE NORTHWEST HAVING A RADIUS OF FEET. A RADIAL LINE BEARS N7S4r431W FROM SAID POST TO THE /601.12 1 RADIUS POINT: THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING 2 COURSES; (1) THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE SUBTEtOM A CENTRAL ANGLE OF 2Z'Wlr. A / DISTANCE OF 230AL FEET. TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT AND CONCAVE TO THE / SOUTHEAST HAVING A RADIUS OF 73L75 FEET; / (2) THENCE SOUTHWESTERLY. ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 4'LS31'. A / DISTANCE OF SZ76 FEET, TO A POINT OF NON -TANGENCY. SAID POINT BEING THE NORTHEAST CORNER OF LOT 11. AS SHOWN ON SAID RAT OF TAYLOR CREEK MANOR i THENCE. DEPARTING SAID WESTERLY RWHTOF-WAY LNE N6M45-W ALONG THE NORTH LINE OF SAID LOT 11. A I DISTANCE OF 199.46 FEET, MORE OR LESS TO A POINT ON THE EASTERLY EDGE OF TAYLOR CREEK, SAID POINT BEING THE NORTHWEST CORNEA OF SAID LOT 11: THENCE ALONG THE EASTERLY EDGE OF TAYLOR CREEK MORE OR LESS, FOR THE FOLLOWING 4 COURSES; (1) THENCE N14'2B74E. A DISTANCE OF 9043 FEET. (2)THENCE NtrS74rE. ADISTANCE OF 36.13 FEET: (3) THENCE NII*26'S3E, A DISTANCE OF LIM FEET: (4) THENCE N230R76E. A DISTANCE OF 72- M FEU. TO THE SOUTHWEST CORNER OF AFORESAID LOT 5: THENCE- DEPARTING THE EASTERLY EDGE OF TAYLOR CREEK S89'264SE, ALONG THE SOUTH LINE OF SAO LOT 5. A DISTANCE OF 2SIAD FEET. MORE OR LESS. TO THE POINT OF BEGINNING. THE ASOVE-DESCRIBED PARCEL CONTAINS 1.0 ACRES, MORE OR LESS PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERVASE. ALL DIMENSIONS ARE RAT(P) MID MEASURED(M). 21 SITE ADDRESS: 116 S.E. ATM AVENM 3) PARCB 0.. 3.22-3741Sg7 GOODO"BSID. 4) FJRAL ZONE AE (BF£ 16) i x. MAP NO. 12093CO480C. DATED 0711N15. S) BEARING REFERENCE: THE SOUTH LINE OF LOT 5 IS TAKEN TO BEM SOUTH BVN45' EAST. 6) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF I (NAND 99 . 7) THIS SURVEY IS NOT INTENDED TO DEPICT AIWSOICTICNAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 4) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABIM INSURANCE ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 9) NO SEAROI OF THE PUBLIC RECORDS FOR DETERMINATION OF OWNERSHIP OR RESTRICTIONS AFFECTING THE LAND SHOWN WAS PERFORMED BY THE SURVEYOR 10) NO RESPONS®sCTY OR L"L)TY IS ASSUMED BY THE SURVEYOR FOR USE BY OTHERS NOT SPECIFICALLY NAMED, 11) NO ATTEMPT WAS MADE TO LOCATE UNDERGROUND MT4VEMENTS ANDIOR ENCROACHMENTS (IF PRY) AS PART OF THIS SURVEY. 12) AODITDNS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNM PARTY OR PAKTES. 13) DATE OF LAST FIELD SURVEY: 09121ra PROJECT SPECIFIC LEGEND D. IDENTIFICATION I®-ASBULT ELEVATION faR■/ IIAG NAILSTANDNL NOTES: 6 DISK ALB 176r L W —Ch M LM WAft nxveN 4 d6tw"Nli N OWW" Y MkkRNM Nbathl NO bNN PREPARED FOR THE EXCLUSME USE OF: N"" — P�NNn..I N t"""`y-r• YrNrrvwNr i w W� 8 6 T FAR INVESTMENTS. Be- reia.rbM/ KK b wait ►a.�i w Ar .wn Mt �sllr+r nw.t �. NN .aAl N9w1 Its ." 'Ift 4wW by WAUCHILRA STATE BANG eM NNo e/ rM .rM� NSOL S TMn M *%k eb— ■rrwl A r ..h q. e..w • *_ L Ib.M~ .w aMIN b 1—t.*.r■. W Ie.H t. eM/ar MvaseM.KU M i� i M N wN 7. IN. aNi7 ri Prints b a.0 ld i skq end sa+J— le D. NwMM N W-U. A.r i } PrMeel -" evwpa a d niP/ Y YNY.M b O.ile/ SH-11. n W Ad"bwtMe Cs/A / LEGEND 6N'somm W NG ANT I F{/PIG or I R e-Se1 ran / Car LB am "Sawa CV , 9w r Isd (aM Oi) • -fa.aM PN (eM Cap) i AB811EW110M5 - EK�� t-tlW.r talM♦ h. Or FOUND BAc xAi n•.u.. AA•...rnr.: t>nr-.,.,A rTA/..r1r r..� 9 ONSIL 18 8360/.e s w.e n.+...wW e.N.R►:+.+ o.e.. arw Harr.. r aNt an.er .. A.♦a eaFe.r .� I.w.wr BOUNDARY t TOPO SURVEY 08/30/21 372/68-70 WC JJR W W FLA 12/27/21 FILE WC JA FORMSOARD TIE 02/21/22 FILE WC J.R FOUNDATION TIE OS/15/22 FILE WC JJR FINAL TIE/RECORD ASBUILT 09/21/23 400/36-37 PC JA fCJ/[ T i 20' MMIINi MMI9CA` 21-364 ShIlry 1 Nr TRADEWINDS SURVEYING GROUP. LLC. 200 SN 3M 349 a3 M/y� ofleoeobee. FL [. s4tn4 TN: (683) 793-2987 m Fax: (893) 763-4342 = RAiE JoPAIL ((S 4506) r LB 8360 AMENDED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWATER ON TAYLOR CREEK THIS INSTRUMENT PREPARED BY: Kenneth A. Norman, Esq. McCarthy, Summers, Wood, Norman Melby & Sch ultz,P.A. 2400 S.E. Federal Highway, 4" Floor Stuart, Florida 34994 Vo 1-b - , S e"'I-) 0 0 p 9 Sohn RL� <40?0 TABLE OF CONTENTS AMENDED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWATER ON TAYLOR CREEK KNOW ALL MEN BY THESE PRESENTS, that this Amended Declaration of Protective Covenants, Conditions and Restrictions for BRIDGEWATER ON TAYLOR CREEK (the "DECLARATION"), is made and entered into as of the day of August, 2023, by B&T Fair Investments, Inc., a Florida corporation, hereinafter referred to as the 'DEVELOPER." RECITALS A. The original developer of Bridgewater on Taylor Creek previously filed that certain Declaration of Protective Covenants, Conditions and Restrictions for Bridgewater on Taylor Creek (the "Original Declaration") recorded in Official Records Book 622, Page 1919 of the Public Records of Okeechobee County Florida, but did not proceed with development of the project. B. The DEVELOPER is now the owner of the Property (as defined in Section 1) and desires to subdivide the Property in accordance with the Plat (as also defined in Section 1). C. The DEVELOPER desires to provide for the preservation of the values and amenities in the community and for the maintenance of the open spaces and other common facilities; and, to this end, desires to subject the Property to the covenants, restrictions, easements, charges and liens, hereinafter set forth in this Amended Declaration of Protective Covenants, Conditions and Restrictions for Bridgewater on Taylor Creek which supersedes the Original Declaration, each and all of which is and are for the benefit of the Property and each OWNER (as defined in Section 1) thereof. D. The DEVELOPER has deemed it desirable for the efficient preservation of the values and amenities in the community to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. E. The DEVELOPER has incorporated under the laws of the State of Florida, as a corporation notfor-profit, BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., the purpose of which shall be to exercise the functions aforesaid. DECLARATION NOW, THEREFORE, the DEVELOPER declares that the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 3 1 DEFINITIONS. Unless prohibited by the context in which they are used, the following words, when used in this DECLARATION, shall be defined as set out below: Articles. "Articles" shall mean and refer to the Articles of Incorporation of the ASSOCIATION, as such Articles may be amended from time to time. Assessment. "Assessment" shall mean and refer to those charges made by the ASSOCIATION from time to time against each Unit within the Property for the purposes set forth herein, and shall include, but not be limited to Original and Annual Assessments for Common Expenses and Special Assessments for Capital Improvements. ASSOCIATION. "ASSOCIATION" shall mean BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation. Copies of the Articles and Bylaws of the ASSOCIATION are attached to this DECLARATION as Exhibits "A" and "B", respectively. 1.1 BOARD. 'BOARD" shall mean the Board of Directors of the ASSOCIATION. 1.2 BRIDGEWATER ON TAYLOR CREEK. "BRIDGEWATER ON TAYLOR CREEK" shall mean the real estate development located in Okeechobee County, Florida, developed by the DEVELOPER, which includes the Property and any additional real property to be added to the Property upon the recording of an appropriate Supplement(s) in the Public Records of Okeechobee County, Florida. 1.3 Bylaws. 'Bylaws" shall mean and refer to the Bylaws of the ASSOCIATION, as such Bylaws may be amended from time to time. 1.4 Common Expenses. "Common Expenses" shall mean and refer to all expenses incurred by the ASSOCIATION in connection with its ownership and/or maintenance of the Common Area and other obligations set forth herein, or as may be otherwise determined by the BOARD. Common Area. "Common Area" or "Common Areas" shall mean and refer to those portions of the Property which are intended to be devoted to the common use and the enjoyment of the OWNERS, and occupants, in this DECLARATION, as well as the portion of the Property, less the Lots, and all personal property owned, leased by or dedicated to the ASSOCIATION for the common use and enjoyment of the OWNERS and occupants. Common Structural Elements. "Common Structural Elements" shall mean certain elements, fixtures or parts contained in a "Building" (as defined in Section 6 hereof) which are structural elements of more than one Unit contained therein. 1.5 Conservation Areas. "Conservation Area" or "Conservation Areas" shall mean and refer to those portions of the Property designated as Conservation Areas on the Plat, or identified as Conservation Areas in any agreements between the South Florida Water Management District and the DEVELOPER or the ASSOCIATION, in any permits issued to the DEVELOPER or the ASSOCIATION by the South Florida Water Management District or any other governmental entity, or in any agreement Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 4 between the DEVELOPER or the ASSOCIATION and any governmental entity. The ASSOCIATION has the obligation to maintain the Conservation Areas. 1.6 County. County shall refer to Okeechobee County, Florida. 1.7 Covenants. "Covenants" shall mean and refer to the covenants, restrictions, reservations, conditions, easements, charges and liens hereinafter set forth. All Covenants constitute "covenants running with the land" and shall run perpetually unless terminated or amended as provided herein, and shall be binding on all OWNERS. DECLARATION. "DECLARATION" shall mean this instrument, Declaration of Protective Covenants and Restrictions for Bridgewater on Taylor Creek, and all amendments or Supplements made to this instrument. DEVELOPER. "DEVELOPER" shall mean B&T Fair Investments, Inc., a Florida corporation, and its successors or assigns as designated in writing by the DEVELOPER. Drainage Easements. "Drainage Easements" shall mean and refer to any private drainage areas set forth on the Plat and dedicated to the ASSOCIATION. The Drainage Easements shall be used for drainage and for storm water detention and retention to the extent approved by those governmental agencies having jurisdiction over the Drainage Easements. The Drainage Easements are a part of the Common Area and, except as limited herein, shall be for the common use, benefit and enjoyment of all OWNERS. The ASSOCIATION has the obligation to maintain the Drainage Easements. Dwelling Structure. "Dwelling Structure" means a residential townhouse situated on a Lot, including all improvements associated with the townhouse on the Lot. Unless the context specifically provides otherwise, reference to the term "Dwelling Structure" shall not include use of the Lot. General Plan of Development. "General Plan of Development" means that plan as approved by appropriate governmental agencies which shall represent the total general scheme and general uses of land in the Properties, as it may be amended from time to time. 1.8 Governing Documents. "Governing Documents" shall mean this DECLARATION, any Supplement to the DECLARATION, as the same may be amended from time to time and filed in the Public Records of Okeechobee County, Florida, as well as the Articles and Bylaws of the ASSOCIATION, as the same may be amended from time to time and maintained at the ASSOCIATION office. In the event of conflict or inconsistency among Governing Documents, to the extent permitted by law, this DECLARATION and any Supplement(s) to the DECLARATION, the Articles, and the Bylaws, in that order, shall control. One Governing Document's lack of a provision with respect to a matter for which provision is made in another Governing Document shall not be deemed a conflict or inconsistency between such Governing Documents. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 5 Guest. "Guest" means any person who is not a member of the family occupying a Lot, and who is physically present in, or occupies the Lot at the invitation of the Owner or other legally permitted occupant, without requirement to contribute money, perform any services or provide any other consideration to the Owner or Lessee in connection with occupancy of the Lot. A permanent occupant of a Lot shall not be considered as a Guest. Furthermore, an Owner of a Lot shall never be considered a Guest on the Lot he owns, unless the Owner is visiting a Lessee on the Lot. 1.9 Improvements. "Improvements" shall mean and refer to all structures of any kind including, without limitation, any building, fence, wall, sign, paving, grating, parking and building addition, alteration, screen enclosure, sewer, drain, disposal system, decorative building, recreational facility, landscaping, exterior lighting or landscape device or object. 1.10 Institutional Mortgagee. "Institutional Mortgagee" means the holder (or its assignee) of a mortgage against any of the Properties, including any Lot, which mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust, the Federal Housing Administration, the Veterans Administration, or any agency of the United States of America. The term also refers to any holder of a mortgage against a Lot which mortgage is guaranteed or insured by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America, or by any other public or private corporation engaged in the business of guaranteeing or insuring residential mortgage loans, and their successors and assigns, and includes the DEVELOPER. For definitional purposes only, an Institutional Mortgagee shall also mean the holder of any mortgage executed by or in favor of DEVELOPER, whether or not such holder would otherwise be considered an Institutional Mortgagee. "Institutional First Mortgagee" means the foregoing, but is limited to the holder of a first mortgage. 1.11 Lead Institutional Mortgagee. "Lead Institutional Mortgagee" means that Institutional Mortgagee which, at the time a determination is made, holds first mortgages on more Lots in BRIDGEWATER ON TAYLOR CREEK than any other Institutional Mortgagee, such determination to be made by reference to the number of Lots encumbered, and not by the dollar amount of such mortgages. Lease. "Lease" means the grant by an Owner of a temporary right of use of the Owner's Dwelling Structure and Lot for valuable consideration. Leasing. "Leasing" for purposes of this subsection is defined as regular, exclusive occupancy of a Unit by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. 1.12 Lot. "Lot" shall mean and refer to a Unit. MEMBER. "MEMBER" shall mean and refer to all those OWNERS who are Members of the ASSOCIATION as provided in Section 3.1. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 6 OWNER. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Unit situated upon the Property but, notwithstanding any applicable theory of mortgage, shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 13 Person. "Person" shall mean and include an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, sole proprietorship, joint venture, two or more persons having a joint or common interest, or any other legal entity. 1.14 Plat. "Plat" shall mean the Plat of Bridgewater on Taylor Creek recorded in Plat Book , Page of the Public Records of Okeechobee County, Florida. Property. "Property" shall mean and refer to BRIDGEWATER ON TAYLOR CREEK, as per the Plat, with the Property being more particularly described in Exhibit "C," which term may also include any additional real property that may be made subject to this DECLARATION upon the recording of an appropriate Supplement(s) in the Public Records of Okeechobee County, Florida. 1.15 Resident. 'Resident" shall mean and refer to the legal occupant of any Unit. The term 'Resident" shall include the OWNER of the Unit and any tenant, lessee or licensee of the OWNER. Supplement. "Supplement" shall mean a document and the exhibits thereto which when recorded in the Public Records of Okeechobee County, Florida, shall subject additional real property to the provisions of this DECLARATION. 1.16 Unit. "Unit" shall mean a residential unit intended as an abode for one family. Utility Easement(s). "Utility Easement(s)" shall mean and refer to the utility easement areas set forth on the Plat. The Utility Easement(s) may be used for utility purposes (including CATV) by any utility in compliance with such ordinances and regulations as may be adopted from time to time by Okeechobee County or the City of Okeechobee, Florida. 1 PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS TO THE PROPERTY. 1.1 Property Subject to DECLARATION. The Property is, and shall be, held, transferred, sold, conveyed, and occupied subject to this DECLARATION. 1.2 Other Additions to the Property. The DEVELOPER reserves the right to add, or may cause to be added, other real property not now included within the Plat. Each commitment of additional property to this DECLARATION shall be made by a recitation to that effect in a Supplement which need be executed only by the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 7 • • DEVELOPER, and the owner of such real property if not the DEVELOPER but joined by the DEVELOPER, and does not require the execution or consent of the ASSOCIATION, or any OWNERS. The Supplement shall describe the real property which is being committed to this DECLARATION and made subject to the terms of this DECLARATION and shall contain such other terms and provisions as the DEVELOPER deems proper. Upon the recordation of a Supplement, such real property described therein shall be committed to the Covenants contained in this DECLARATION and shall be considered "Property" as fully as though originally designated herein as "Property". 1.3 Mergers. Upon a merger or consolidation of the ASSOCIATION with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the ASSOCIATION as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the Covenants established by this DECLARATION within the Property together with the covenants and restrictions established by Supplemental DECLARATION upon any other properties as one scheme. No such merger or consolidation, however, shall affect any revocation, change or addition to the Covenants within the Property, except as hereinafter provided. 2 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 1.1 Membership. Except as is set forth in this Section 3.1, every Person who is a record titleholder of a fee or undivided fee interest in any Unit which is subject by covenants of record to assessment by the ASSOCIATION shall be a MEMBER of the ASSOCIATION, provided that any such Person which holds such interest merely as a security for the performance of any obligation shall not be a MEMBER. 1.2 MEMBER's Voting Rights. The votes of the MEMBERS shall be established and exercised as provided in the Articles and Bylaws. 1.3 BOARD. The ASSOCIATION shall be governed by the BOARD which shall be appointed, designated or elected, as the case may be, as follows: 1.3.1 The DEVELOPER shall have the right to appoint all members of the BOARD until the DEVELOPER holds less than ten percent (10%) of the total number of votes of MEMBERS as determined by the Articles. 1.3.2 After the DEVELOPER no longer has the right to appoint all members of the BOARD under subsection 3.3.1 of this Section, or earlier if the DEVELOPER so elects, then, and only then, shall any member of the BOARD be elected by the MEMBERS of the ASSOCIATION. A member of the BOARD may be removed and vacancies on the BOARD shall be filled in the manner provided by the Bylaws. However, Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 8 any member of the BOARD appointed by the DEVELOPER may only be removed by the DEVELOPER, and any vacancy on the BOARD of a member appointed by the DEVELOPER shall be filled by the DEVELOPER. 2 EASEMENTS AND PROPERTY RIGHTS IN THE COMMON AREA 1.1 MEMBERS' Easement of Enjoyment. Subject to the provisions of Section 4.3 and Section 4.4, every MEMBER shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot. 1.2 Title to Common Area. Title to the Common Areas shall be vested in the ASSOCIATION which shall hold said property for the benefit and use of the OWNERS within BRIDGEWATER ON TAYLOR CREEK. The ASSOCIATION shall be responsible for ensuring the proper management, maintenance and operation of the Common Areas and all improvements thereon, and for the payment of all property taxes and other assessments which are liens against the Common Areas, from and after the date of recordation of this DECLARATION. 1.3 Extent of MEMBERS' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: the right of the DEVELOPER and of the ASSOCIATION, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and in aid thereof; and 1.3.1 the right of the ASSOCIATION to take such steps as are reasonably necessary to protect the Common Area against foreclosure; and 1.3.2 the right of the ASSOCIATION to charge reasonable admission and other fees for the use of the Common Area; 1.3.3 dedications to any public agency, authority or utility as set forth on the Plat; and the right of the ASSOCIATION to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the MEMBERS, provided, however, that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by MEMBERS entitled to cast twothirds (2/3) of the votes irrespective of class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 9 • u proposed agreement and action thereunder is sent to every MEMBER at least ninety (90) days in advance of any action taken. 1.4 Easements. 1.1.1 Utility Service and Drainage Easements. In addition to that shown on the Plat, there is hereby created a blanket easement upon, across, over, through and under the Property for the installation, replacement, repair and maintenance of all utility and service lines and systems. and irrigation including but not limited to electric, gas, water. sewer, telephone, electric, cable television, security, and surveillance or communication lines and systems, and irrigation. By virtue of this easement it shall be expressly permissible for the DEVELOPER or the providing utility or service company to install and maintain facilities and equipment on the Property, to excavate for such purposes and to affix and maintain wires, circuits, and conduits on the Units and on, in and under the roofs and exterior walls of the Units, providing the disturbed areas are restored to the condition in which they were found and that an easement does not prevent or unreasonably interfere with the use of the Units. Except as otherwise provided below, no sewer, electrical lines, water lines, or other utility service lines or facilities for such utilities and no cable or communication lines and systems may be installed or relocated on the Property except as are approved by the DEVELOPER. The DEVELOPER may also transfer title to utility -related equipment, facilities or material, and to take any other action to satisfy the requirements of any utility company or governmental agency to which any such utility -related equipment, facilities or material are to be so transferred. Utility as referred to herein means a public or private utility. This power to create easements shall also include the power to modify or relocate easements which are created. Once the DEVELOPER closes upon the sale of the last Unit in the Property, the powers vested in the DEVELOPER shall terminate, and shall then vest in the ASSOCIATION. Such powers shall be exercised by the BOARD in its reasonable discretion without the need for joinder of any OWNER. 1.2 Maintenance Easement in Favor of the DEVELOPER and ASSOCIATION. There is hereby reserved to the DEVELOPER and to the ASSOCIATION an easement over the Common Area for the ASSOCIATION's maintenance obligations pursuant to this DECLARATION. 1.3 Encroachments. If any Unit encroaches upon any of the Common Area for any reason other than the intentional act of an OWNER, or if any Common Area encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 1.4 Ingress and Earess. A non-exclusive easement shall exist in favor of each OWNER and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through, and across sidewalks, streets, paths, walks, and other portions of the Common Area as from time to time may be intended and designated for such purpose and use, and for vehicular and pedestrian traffic over, through, and across such portions of the Common Area as from time to time may be paved or intended for such purposes, and for purposes of ingress and egress to the public ways. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 10 • • Easement of Enjoyment to Common Area. Every OWNER has a right and easement of enjoyment of the Common Area, subject to any limitations in this DECLARATION and reasonable Rules and Regulations. 2 COVENANT FOR MAINTENANCE ASSESSMENTS. 1 Creation of the Lien and Personal Obligation for Assessments. Each OWNER of any Unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees to pay to the ASSOCIATION: (1) Quarterly Assessments for Common Expenses; (2) Special Assessments for Capital Improvements; and (3) Original Assessment for Working Capital, such Assessments to be fixed, established, and collected from time to time as hereinafter provided. The Original, Quarterly and Special Assessments, together with such interest thereon and costs of collection thereof as are hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Unit against which each such Assessment is made. Each such Assessment, together with such interest thereon and cost of collection thereof as are hereinafter provided, shall also be the personal obligation of the person who was the OWNER of such Lot at the time when the Assessment fell due. 1.2 Purpose of Assessments. The Assessments levied by the ASSOCIATION shall be used exclusively for the purpose of the improvement and maintenance of properties, services, and facilities which are devoted to the purpose and related to the use and enjoyment of the Common Area and of the Units situated upon the Property, including, but not limited to: 1.1.1 Payment of operating expenses of the ASSOCIATION; including, without limitation, those incorporation or start-up expenses necessary to form and otherwise organize the ASSOCIATION and to create this DECLARATION; 1.1.2 Construction, improvement and maintenance of the Common Area; Garbage collection and trash and rubbish removal but only when and to the extent specifically authorized by the ASSOCIATION; Such insurance as the Board, in its business judgment, determines advisable, which may include, without limitation, flood and wind insurance and liability insurance. 1.1.3 Repayment of deficits previously incurred by the ASSOCIATION (or the DEVELOPER), if any, in making capital improvements to or upon the Common Area, and/or in furnishing the services and facilities provided herein to or for the OWNERS and the MEMBERS of the ASSOCIATION; Doing any other thing necessary or desirable, in the judgment of the ASSOCIATION, to keep the Property neat and attractive or to preserve or enhance the value of the Property, or to eliminate fire, health or safety Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE t i hazards, or which, in the judgment of the ASSOCIATION, may be of general benefit to the OWNERS and/or Residents of lands included in the Property; Repayment of funds and interest thereon, borrowed by the ASSOCIATION; and 1.1.4 Maintenance and repair of easements shown on any recorded subdivision plat. The ASSOCIATION will provide lawn maintenance for BRIDGEWATER ON TAYLOR CREEK. Such maintenance will include periodic mowing and edging and other services determined, from time to time, by the BOARD. Such services may include, but shall not be limited to, fertilization, pesticide application, mulching, tree pruning and shrubbery trimming. It is anticipated the ASSOCIATION will contract with independent third party landscape maintenance companies to provide service in accordance with this Section. 1.1.5 Any and all expenses necessary to: (i) maintain and preserve the Common Area; (ii) maintain, repair and replace the Common Structural Elements; (iii) keep, maintain, operate, repair and replace any and all buildings, improvements, personal property and furniture owned by the ASSOCIATION, and fixtures and equipment upon the Common Area in a manner consistent with the development of the Property and in accordance with the covenants and restrictions contained herein and in conformity with all applicable federal, state, county or municipal laws, statutes, ordinances, orders, rulings and regulations; and (iv) maintain and repair the portions of the Property which are the responsibility of the ASSOCIATION, including, without limitation, any entrance sign(s) placed by DEVELOPER on the Common Area. 1.2 Ouarterly Assessments. 1.1.1 Quarterly Assessment. Until changed by the BOARD in accordance with the terms hereof, the Quarterly Assessment shall be Four Hundred Fifty and No/100 per Lot, payable quarterly, in advance, on January 1, April 1, July 1, and October 1 of each year. This Quarterly Assessment shall be prorated in the year of initial purchase of the Lot. The Quarterly Assessment shall be paid directly to the ASSOCIATION to be held in accordance with the above provisions. The DEVELOPER shall not be required to pay Quarterly Assessments for Units owned by the DEVELOPER; provided, however, that, in accordance with Section 720.308, Florida Statutes, DEVELOPER shall be obligated for any operating expenses incurred that exceed the assessments received from the OWNERS and other income of the ASSOCIATION. Each OWNER shall be responsible for a fractional amount of the total amount of the Common Expenses, Special Assessments and Reserves, with the fractional amount for each Unit being determined by dividing one by the total number of Units in BRIDGEWATER ON TAYLOR CREEK. Adiustment to Ouarterly Assessment. Prior to the beginning of each fiscal year, the BOARD shall adopt a budget for such fiscal year which shall estimate all of the Common Expenses to be incurred by the ASSOCIATION during the fiscal year. The total Common Expenses shall be Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 12 i 9 divided by the number of Units to establish the Quarterly Assessment for Common Expenses per Unit. The ASSOCIATION shall then promptly notify all OWNERS in writing of the amount of the Quarterly Assessment for Common Expenses for each Unit. From time to time during the fiscal year, the BOARD may revise the budget for the fiscal year. Pursuant to the revised budget the BOARD may, upon written notice to the OWNERS, change the amount, frequency and/or due dates of the Quarterly Assessments for Common Expenses for each Unit. If the expenditure of funds is required by the ASSOCIATION in addition to funds produced by the Quarterly Assessments for Common Expenses, the BOARD may make Special Assessments for Common Expenses, which shall be levied in the same manner as provided for regular Quarterly Assessments for Common Expenses and shall be payable in the manner determined by the BOARD as stated in the notice of any Special Assessment for Common Expenses. 1.2 Special Assessments for Capital Improvements. 1.1.1 In addition to the Assessments for Common Expenses authorized by Section 5.3 hereof, the BOARD may levy in any assessment year a Special Assessment for Capital Improvements, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto. The BOARD may also levy Special Assessments pursuant to Section 6 hereof for the maintenance, repair or replacement of Common Structural Elements. 1.2 Working Capital. A contribution shall be made by or on behalf of the OWNERS to the working capital of the ASSOCIATION in an amount to be determined from time to time by the BOARD upon every initial and subsequent transfer of record title to a Lot (i.e. an initial sale or resale). The capital contribution shall be fixed by the BOARD. The DEVELOPER, its parent, subsidiaries, affiliates and assigns, shall be exempt from payment of the contribution required by this section. The capital contribution required by the Section shall constitute an assessment against the Lots and shall be subject to the same lien rights and other rights of collection applicable to other Assessments under this Section. Certificate of Payment. The ASSOCIATION shall upon demand at any time, furnish to any OWNER liable for any Assessment a certificate in writing signed by an officer of the ASSOCIATION, setting forth whether the Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. 1.3 Payment of Assessments for Common Expenses. Each MEMBER shall be required to and shall pay to the ASSOCIATION an amount equal to the Assessment, or installment, for each Unit within the Property then owned by and/or under the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 13 0 jurisdiction of such OWNER on or before the date each Assessment, or installment, is due. In the event any Assessments are made payable in equal periodic payments as provided in the notice from the ASSOCIATION, such periodic payments shall automatically continue to be due and payable in the same amount and frequency as indicated in the notice, unless and/or until: (1) the notice specifically provides that the periodic payments will terminate upon the occurrence of a specified event or the payment of a specified amount; or (2) the ASSOCIATION notifies the OWNER in writing of a change in the amount and/or frequency of the periodic payments. Notwithstanding the foregoing, in no event shall any Assessment payable by any OWNER be due less than ten (10) days from the date of the notification of such Assessment. Assessments for Common Expenses For Units Owned by the DEVELOPER. Notwithstanding anything contained in this Section to the contrary, the DEVELOPER shall not be required to pay Assessments for any Units owned by the DEVELOPER; provided, however, that, in accordance with Section 720.308, Florida Statutes, DEVELOPER shall be obligated for any operating expenses incurred that exceed the assessments received from the OWNERS and other income of the ASSOCIATION. DEVELOPER may elect to make a loan to the ASSOCIATION to assist the ASSOCIATION with its financial needs. In such event, the ASSOCIATION shall be required to repay the DEVELOPER the full loan amount, plus a reasonable interest rate, within a reasonable period of time. 1.4 Monetary Defaults and Collection of Assessments. Interest. If any OWNER is in default in the payment of any Assessment for more than ten (10) days after same is due, or in the payment of any other monies owed to the ASSOCIATION for a period of more than ten (10) days after written demand by the ASSOCIATION, the ASSOCIATION may charge such OWNER interest at the highest rate permitted by the laws of Florida, on the amount owed to the ASSOCIATION. Such interest shall accrue from the due date of the Assessment, on the monies owed. Acceleration of Assessments. If any OWNER is in default in the payment of any Assessment or any other monies owed to the ASSOCIATION for more than ten (10) days after written demand by the ASSOCIATION, the ASSOCIATION shall have the right to accelerate and require such defaulting OWNER to pay to the ASSOCIATION Assessments for Common Expenses for the next twelve (12) month period, based upon the then existing amount and frequency of Assessments for Common Expenses. In the event of such acceleration, the defaulting OWNER shall continue to be liable for any increases in the regular Assessments for Common Expenses, for all Special Assessments, and/or all other Assessments and monies payable to the ASSOCIATION. Collection. In the event any OWNER fails to pay any Assessment, Special Assessment or other monies due to the ASSOCIATION within ten (10) days of the date when due, the ASSOCIATION may take any action deemed necessary in order to collect such Assessments, Special Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 14 Assessments or monies including, but not limited to, retaining the services of a collection agency or attorney to collect such Assessments, Special Assessments or monies, initiating legal proceedings for the collection of such Assessments, Special Assessments or monies, recording a Claim of Lien as hereinafter provided, and foreclosing same in the same fashion as mortgage liens are foreclosed, or any other appropriate action. The OWNER shall be liable to the ASSOCIATION for all costs and expenses incurred by the ASSOCIATION incident to the collection of any Assessment, Special Assessment or other monies owed to it, and the enforcement and/or foreclosure of any lien for same, including, but not limited to, reasonable attorneys' fees, and attorneys' fees and costs incurred on the appeal of any lower court decision, reasonable administrative fees of the DEVELOPER and/or the ASSOCIATION, and all sums paid by the ASSOCIATION for taxes and on account of any mortgage lien and encumbrance in order to preserve and protect the ASSOCIATION's lien. The ASSOCIATION shall have the right to bid in the foreclosure sale of any lien foreclosed by it for the payment of any Assessments, Special Assessments or monies owed to it; and if the ASSOCIATION becomes the OWNER of any Unit by reason of such foreclosure, it shall offer such Unit for sale within a reasonable time and shall deduct from the proceeds of such sale all Assessments, Special Assessments or monies due it. All payments received by the ASSOCIATION on account of any Assessments, Special Assessments or monies owed to it by any OWNER shall be first applied to payments and expenses incurred by the ASSOCIATION, then to interest, then to any unpaid Assessments, Special Assessments or monies owed to the ASSOCIATION in the inverse order that the same were due. 1.4.1 Lien for Assessment, Special Assessment and Monies Owed to ASSOCIATION. The ASSOCIATION shall have a lien on all Property owned by an OWNER for any unpaid Assessments (including any Assessments which are accelerated pursuant to this DECLARATION), Special Assessments or other monies owed to the ASSOCIATION by such OWNER, and for interest, reasonable attorneys' fees incurred by the ASSOCIATION incident to the collection of the Assessments, Special Assessments and other monies, or enforcement of the lien, for reasonable administrative fees incurred by the DEVELOPER and/or the ASSOCIATION, and for all sums advanced and paid by the ASSOCIATION for taxes and on account of superior mortgages, liens or encumbrances in order to protect and preserve the ASSOCIATION's lien. To give public notice of the unpaid Assessment, Special Assessment or other monies owed, the ASSOCIATION may record a Claim of Lien in the Public Records of Okeechobee County, Florida, stating the description of the Unit(s), and name of the OWNER, the amount then due, and the due dates. The lien is in effect until all sums secured by it (including sums which became due after the recording of the Claim of Lien) have been fully paid. The Claim of Lien must be signed and acknowledged by an officer or agent of the ASSOCIATION. Upon payment in full of all sums secured by the lien, the person making the payment is entitled to a satisfaction of the lien. Transfer of a Unit after Assessment. The ASSOCIATION's lien shall not be affected by the sale or transfer of any Unit. In the event of any such sale or transfer, both the new OWNER and the prior OWNER shall be jointly and severally liable for all Assessments, Special Assessments, interest, and other costs and expenses owed to the ASSOCIATION which are attributable to Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 15 any Unit purchased by or transferred to such new OWNER. A new OWNER by accepting a Deed for the Unit expressly agrees to the provisions of this section. Subordination of the Lien to Mortgages. The lien of the ASSOCIATION for Assessments or other monies shall be subordinate and inferior to the lien of any first mortgage in favor of an Institutional Lender recorded prior to the recording of a Claim of Lien by the ASSOCIATION. For purposes of this DECLARATION, "Institutional Lender" shall mean and refer to the DEVELOPER, a bank, savings bank, savings and loan association, insurance company, real estate investment trust, or any other recognized lending institution. If the ASSOCIATION's lien or its rights to any lien for any such Assessments, Special Assessments, interest, expenses or other monies owed to the ASSOCIATION by any OWNER is extinguished by foreclosure of a mortgage held by an Institutional Lender, such sums shall thereafter be Common Expenses, collectible from all OWNERS including such acquirer, and its successors and assigns. 1.5 Certificate as to Unpaid Assessments or Default. Upon request by any OWNER, or an Institutional Lender holding a mortgage encumbering any Unit, the ASSOCIATION shall execute and deliver a written certificate as to whether or not such OWNER is in default with respect to the payment of any Assessments, Special Assessments or any monies owed in accordance with the terms of this DECLARATION. Exempt Property. The following property subject to this DECLARATION shall be exempted from the Assessments, charges and liens created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Areas; and all properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from Assessments, charges or liens. 2 COMMON STRUCTURAL ELEMENTS. 1.1 Common Structural Elements. Each building containing Townhouse Units (`Building") shall contain Common Structural Elements which include, but are not limited to, the following: All utility lines, ducts, conduits, pipes, wires and other utility fixtures and appurtenances which are located on or within the Building and which directly or indirectly in any way service more than one (1) Unit in the Building. 1.1.1 All division walls ("Party Walls") between two (2) Units located upon a lot line between two (2) Units. A division wall is found to be not on a lot line shall not preclude Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 16 that division wall from being a Party Wall. The OWNERS of the Units adjacent to a Party Wall shall own such Party Wall as tenants in common. 1.1.2 The entire roof of the Building, any and all roof support structures, and any and all appurtenances to such roof and roof support structures, including, without limitation, the roof covering, roof trim and roof drainage fixtures, all of which are collectively referred to herein as the "Roofing". 1.1.3 Any and all walls or columns necessary to support the roof structure, all of which are collectively referred to herein as "Bearing Walls." Any and all siding, finish, trim, exterior sheathings and other exterior materials and appurtenances on the exterior of the Building, all of which are collectively referred to herein as the "Exterior Finish." The entire concrete floor slab, or wood floor system if utilized in lieu thereof, and all foundational and support structures and appurtenances thereto, all of which are collectively referred to as the "Flooring." The walls (other than Party Walls) or fences erected or which may be erected along the lot lines and all foundational and support structures with respect thereto. 1.2 Encroachments. Any Common Structural Elements, or parts thereof, extending beyond a Unit or into the Common Area, shall not be deemed to violate the provisions of this DECLARATION, and such easements as may be necessary to accommodate and permit the Common Structural Elements as same shall be constructed are hereby imposed. Repair and/or Replacement. Notwithstanding any provision in this DECLARATION to the contrary, in the event any Common Structural Element or part thereof located within a Unit requires maintenance, repair or replacement and the Board determines that the necessity for such maintenance, repair or replacement was not due to any act or failure to act on the part of the OWNER of the Unit in question and the cost of such maintenance, repair or replacement would result in an inequitable and unfair burden upon any particular Unit, then upon such determination by the BOARD, the cost of such maintenance, repair or replacement shall be determined to be the subject of a Special Assessment and shared equally by all of the Units comprising the Building to the extent that such cost is not covered by Homeowners Insurance. 2 ENFORCEMENT OF NONMONETARY DEFAULTS. Nonmonetary Defaults. In the event of a violation by any MEMBER or OWNER (other than the nonpayment of any Assessment, Special Assessment or other monies) of any of the provisions of this DECLARATION, or the Governing Documents, the ASSOCIATION shall notify the MEMBER or OWNER of the violation, by written notice. If such violation is not cured as soon as practicable and in any event within seven (7) days after the receipt of such written notice, or if the violation is not capable of being cured within such seven Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 17 (7) day period, if the MEMBER or OWNER fails to commence and diligently proceed to completely cure as soon as practical, the ASSOCIATION may, at its option: Specific Performance. Commence an action to enforce the performance on the part of the MEMBER or OWNER, or for such equitable relief as may be necessary under the circumstances, including injunctive relief; and/or Damages. Commence an action to recover damages; and/or Corrective Action. Take any and all action reasonably necessary to correct such violation, which action may include, but is not limited to, removing any Improvement or performing any maintenance required to be performed by this DECLARATION, including the right to enter upon the Unit to make such corrections or modifications as are necessary, or remove anything in violation of the provisions of this DECLARATION. Expenses. All expenses incurred by the ASSOCIATION in connection with the correction of any violation, or the commencement of any action against any OWNER, including administrative fees and costs and reasonable attorneys' fees and costs, and attorneys' fees and costs incurred on the appeal of any lower court decision, shall be a Special Assessment assessed against the applicable OWNER, and shall be due upon written demand by the ASSOCIATION and collectible as any other Special Assessment under this Section or Section 5. 2.1 No Waiver. The failure of the ASSOCIATION to enforce any right, provision, covenant or condition which may be granted by this DECLARATION or the Governing Documents shall not constitute a waiver of the right of the ASSOCIATION to enforce such right, provisions, covenant or condition in the future. Rights Cumulative. All rights, remedies and privileges granted to the ASSOCIATION pursuant to any terms, provisions, covenants or conditions of this DECLARATION or the Governing Documents shall be deemed to be cumulative, and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the ASSOCIATION thus exercising the same from executing such additional remedies, rights or privileges as may be granted or as it might have by law. 2.2 Enforcement By or Against Other Persons. In addition to the foregoing, this DECLARATION may be enforced by the DEVELOPER, or the ASSOCIATION, by any procedure at law or in equity against any Person violating or attempting to violate any provision herein, to restrain such violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein. The expense of any litigation to enforce this DECLARATION shall be borne by the Person against whom enforcement is sought, provided such proceeding results in a finding that such Person was in violation of this DECLARATION. In addition to the foregoing, any OWNER shall have the right to bring an action to enforce this DECLARATION against any Person violating or attempting to violate any provision herein, to restrain such violation or to require compliance with the provisions Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 18 • 0 contained herein, but no OWNER shall be entitled to recover damages or to enforce any lien created herein as a result of a violation or failure to comply with the provisions contained herein by any Person. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs, including reasonable attorneys' fees and costs incurred on the appeal of any lower court decision. 2.3 Certificate as to Default. Upon request by any MEMBER, or OWNER, or an Institutional Lender holding a mortgage encumbering any Unit, the ASSOCIATION shall execute and deliver a written certificate as to whether or not such MEMBER or OWNER is in default with respect to compliance with the terms and provisions of this DECLARATION. 2.4 Maintenance Easement. DEVELOPER hereby grants to the ASSOCIATION and its successors and assigns an easement for ingress and egress over the Property for the purpose fulfilling its duties of maintenance and/or repair obligations in accordance with the provisions hereof. ASSOCIATION Responsibility. The ASSOCIATION shall maintain, repair and replace the following portion of the Lots within BRIDGEWATER ON TAYLOR CREEK: 2.4.1.1 All landscaping installed by the DEVELOPER, including periodic lawn mowing. All irrigation systems, installed by the DEVELOPER, including all sprinkler heads, lines and pumps. 2.4.1.2 All roofs, soffits and fascia. Painting or staining any outside or exterior portion of the initial residence constructed on the Lot, including all approved alterations. Any disagreements concerning the scope of ASSOCIATION's maintenance responsibility or its performance thereof shall be resolved by the BOARD. Management. The ASSOCIATION may contract with any person or management company for the purposes of carrying out the maintenance services and other obligations of the ASSOCIATION provided for in this DECLARATION. 2.4.2 Common Expenses. The cost of all of the maintenance, repairs and replacements described herein (including electricity for the irrigation system) shall be a Common Expense, provided that each OWNER shall be subject to a Special Assessment for any additional costs or expenses due to their negligence or willful misconduct. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 19 • • OWNER Responsibilities. The OWNERS shall be responsible for the following: 1.1.1.1 Maintenance of light bulbs in external fixtures controlled from inside the units. 1.1.1.2 Maintenance of patio furniture and landscaping. 1.1.1.3 Cleaning of exterior windows. 2 INDEMNIFICATION. IIndemnification of Officers. Members of the BOARD or Agents. The ASSOCIATION shall indemnify any Person who was or is a party or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a member of the BOARD, employee, Officer or agent of the ASSOCIATION, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the ASSOCIATION; and, with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; or matter as to which such Person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duty to the ASSOCIATION unless and only to the extent that the court in which such action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such Person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement conviction, or upon a plea of polo contendere or its equivalent, shall not, in and 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 interest of the ASSOCIATION; and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful. To the extent that a member of the BOARD, Officer, employee or agent of the ASSOCIATION is entitled to indemnification by the ASSOCIATION in accordance with this Section, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the ASSOCIATION in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the member of the BOARD, Officer, employee or agent of the ASSOCIATION to repay such amount unless it shall ultimately be determined Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 20 that he is entitled to be indemnified by the ASSOCIATION as authorized in this Section. The indemnification provided by this Section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the laws of the State of Florida, any Bylaw, agreement, vote of MEMBERS or otherwise. As to action taken in an official capacity while holding office, the indemnification provided by this Section shall continue as to a Person who has ceased to be a member of the BOARD, Officer, employee or agent of the ASSOCIATION, and shall inure to the benefit of the heirs, executors and administrators of such a Person. The ASSOCIATION shall have the power to purchase and maintain insurance on behalf of any Person who is or was a member of the BOARD, Officer, employee or agent of the ASSOCIATION, or is or was serving at the request of the ASSOCIATION as a member of the BOARD, Officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, as arising out of his status as such, whether or not the ASSOCIATION would have the power to indemnify him against such liability under the provisions of this Section. 2 RESTRICTIVE COVENANTS. The Property shall be subject to the following Restrictions, reservations and conditions, which shall be binding upon the DEVELOPER and upon each and every OWNER who shall acquire hereafter a Lot or any portion of the Property, and shall be binding upon their respective heirs, personal representatives, successors and assigns. 1.1 Occupancy of Lots. Each Lot shall be occupied by OWNERS and tenants and their family members and guests and employees, as a residence and for no other purpose, subject to any other provision in this DECLARATION and in the Rules and Regulations relating to use of the Lot. Age. There is no age restriction in BRIDGEWATER ON TAYLOR CREEK. Clothes Drying Areas. No portion of the Property shall be used as a drying or hanging area for laundry of any kind unless approved in writing by the DEVELOPER or the ASSOCIATION. 1.2 Antennas, Aerials, Discs and Flagpoles. No outside antennas, antenna poles, antenna masts, satellite television reception devices, electronic devices, antenna towers or citizen band (CB) or amateur band (ham) antennas shall be permitted except as approved in writing by the ASSOCIATION. A flagpole for display of the American flag or any other flag shall be permitted only if first approved in writing by the ASSOCIATION, both as to its design, height, location and type of flag. No flagpole shall be used as an antenna. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 21 • 1.3 Litter. In order to preserve the beauty of the Property, no garbage, trash, refuse or rubbish shall be deposited, dumped or kept upon any part of the Property except in closed containers, dumpsters or other garbage collection facilities deemed suitable by the ASSOCIATION. All containers, dumpsters and other garbage collection facilities shall be screened, to the extent reasonable under the circumstances, from view from outside the Unit upon which same are located and kept in a clean condition with no noxious or offensive odors emanating therefrom. 1.4 Subdivision or Partition. No portion of the Property shall be subdivided except with the DEVELOPER's prior written consent. After the DEVELOPER no longer owns any portion of the Property, written consent must be obtained from the ASSOCIATION. No subdivision or partition of any Unit may be made in a manner inconsistent with local law. 1.5 Common Area. Nothing shall be stored, constructed within or removed from the Common Area other than by the DEVELOPER, except with the prior written approval of the BOARD. Insurance Rates. Nothing shall be done or kept on the Common Area which shall increase the insurance rates of the ASSOCIATION without the prior written consent of the BOARD. 1.6 Air Conditioners. Window or wall -mounted air conditioning units are prohibited. Newspapers. No OWNER or resident shall install or maintain any newspaper box on the Properties. All newspapers delivered to a Lot shall be brought inside daily and shall not be permitted to accumulated on any Lot or common area. Pets and Animals. OWNERS and tenants are permitted to have pets and animals as a privilege, but only as follows: Animals and pets shall be restricted to one (1) cat, dog, or bird per unit and fish in reasonable numbers. 1.6.1 When outside of the Unit, all dogs must be accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash shall not exceed eight (8) feet in length. No dogs shall be permitted to run at large outside the Unit. 1.6.2 The owner/custodian of each animal and pet and/or the individual walking same, shall be required to clean up after the animal/pet. 1.6.3 The owner/custodian of the animal or pet shall remove his or her animal or pet from the Property when such animal or pet emits excessive noise such that same may be heard outside of the Unit. Any pet/animal owner's privilege to have a pet/animal reside in the Property shall be revoked if the pet/animal shall create a nuisance or shall become a nuisance. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 22 Exception. The provisions of Section 9.13 shall yield where necessary to meet the needs of handicapped persons pursuant to fair housing laws. No Business Activity. No business or commercial activity or enterprise of any kind whatsoever shall be erected, maintained, operated, carried on, permitted or conducted on the Properties, including Lots; provided, however that the following shall not violate this Section: Any business which qualifies as a home occupation under the applicable zoning code shall be permitted. However, a day care or child care facility or operation (regardless of age) shall not be permitted, irrespective of whether same is a home occupation. The practice of leasing Lots. The business of operating the ASSOCIATION. Signs. No signs, freestanding or otherwise installed, shall be erected or displayed to the public view on any Unit. Notwithstanding the foregoing, the DEVELOPER specifically reserves the right for itself, its successors, nominees and assigns and the ASSOCIATION to place and maintain signs in connection with construction, marketing, sales and rental of Lots and identifying or informational signs anywhere on the Property. Solar Panels. Solar panels shall be permitted only as required by Florida Statutes Section 163.04, as amended from time to time, and to the extent not prohibited by said statute, the ARB shall be permitted to dictate the placement, screening and color of same. Solicitation. No business solicitation whatsoever shall be permitted in the Community, whether or not such solicitation is for the benefit of a non-profit organization, whether in person or by hand delivery of letters, without the permission of the BOARD. This shall not preclude an OWNER from inviting a person or firm to enter BRIDGEWATER ON TAYLOR CREEK for the purpose of contracting business with an OWNER. Leasing of Lots with Dwelling Structures. General. An OWNER may lease only his entire Lot, and then only in accordance with the DECLARATION, without the need for ASSOCIATION approval. However, each OWNER shall be required to advise the ASSOCIATION of any lease or change in occupancy, and the ASSOCIATION shall be permitted to adopt a form for the OWNER and/or lessee to execute providing reasonable information relating to same. Contents of Lease Agreement. Every lease, whether oral or written shall contain, and if it does not contain, shall automatically be deemed to contain, the following: The lessee and all occupants shall abide by all provisions of the Governing Documents and reasonable Rules and Regulations, as amended Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 23 from time to time, and the failure to do so shall constitute a material default and breach of the lease. Any assessments or Charges, together with interest, late fees, costs and attorneys' fees, due and owing by the OWNER/landlord shall be paid by the lessee directly to the ASSOCIATION, so long as the ASSOCIATION notifies the OWNER/landlord and lessee of such sums due and owing, and lessee shall not be in breach of the lease for making such payments and deducting same from the rent due and owing to the landlord; the foregoing shall not change the fact that the OWNER shall remain primarily liable for the payment of any and all such sums to the ASSOCIATION until same are paid in full. The parties recognize that the ASSOCIATION, as agent for the landlord/OWNER, has the power to evict the tenants and occupants under Chapter 83, Florida Statutes, for violations of the Governing Documents and reasonable Rules and Regulations, as amended from time to time. Subleasing; Renting Rooms. Subleasing of a Lot shall be absolutely prohibited. Furthermore, no rooms shall be rented in any Lot. The intention is that only entire Lots may be rented, and Lots may not be sublet. Frequency of Leasing. No lease shall be made more often than once in any 12 month period. For purposes of calculation, a lease shall be considered as made on the first day of the lease term. Lease Terms. The minimum permitted lease term shall be six months. Ownership Transfer of Lots. In order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the Lots, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents, the transfer of the ownership of a Lot shall be subject to the following provisions so long as the Community exists, which provisions each OWNER of a Lot agrees to observe. Forms of Ownership. General. Except as otherwise provided in this Section, there is no limit as to how a Lot may be owned. Life Estate. A Lot may be subject to a life estate, either by operation of law or by a voluntary conveyance. In that event, the life tenant shall be the MEMBER from such Lot, and the occupancy of the Lot shall be as if the life tenant was the only OWNER. Upon termination of the life estate, the holders of the remainder interest shall have no occupancy rights unless separately approved by the ASSOCIATION. The life tenant shall be liable for all assessments and Charges against the Lot. Any consent or approval required of MEMBER may be given by the life Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 24 tenant alone, and the consent or approval of the holders of the remainder interest shall not be required. If there is more than one life tenant, they shall be treated as co -OWNERS. Transfer of Ownership of Lots. OWNERS may transfer title to Lots without the need for ASSOCIATION approval. However, each OWNER shall be required to advise the ASSOCIATION of any transfer of ownership, and the ASSOCIATION shall be permitted to adopt a form for the OWNER and/or purchaser/new OWNER to execute providing reasonable information relating to same. Compliance with Documents. Each OWNER (including each Resident) and his family members, guests, invitees, lessees and their family members, guests, and invitees; and his or its tenants, licensees, guests, invitees and subtenants shall be bound and abide by this DECLARATION. The conduct of the foregoing parties shall be considered to be the conduct of the OWNER responsible for, or connected in any manner with, such individual's presence. Such OWNER shall be liable to the ASSOCIATION for the cost of any maintenance, repair or replacement of any real or personal property rendered necessary by his act, neglect or carelessness, or by that of any other of the foregoing parties (but only to the extent that such expense is not met by the proceeds of insurance carried by the ASSOCIATION) which shall be paid for by the OWNER as a Special Assessment as provided in Section 5. Failure of an OWNER to notify any Person of the existence of the covenants, conditions, restrictions, and other provisions of this DECLARATION shall not in any way act to limit or divest the right to enforcement of these provisions against the OWNER or such other Person. The ASSOCIATION may require each OWNER to sign an acknowledgment that the OWNER has read and understands all of the ASSOCIATION'S rules, and agrees to abide by them. Exculpation of the DEVELOPER, the BOARD and the ASSOCIATION. The DEVELOPER, the BOARD and the ASSOCIATION may grant, withhold or deny its permission or approval in any instance where its permission or approval is permitted or required without liability of any nature to the OWNER or any other Person for any reason whatsoever, and any permission or approval granted shall be binding upon all Persons. No Implied Waiver. The failure of the ASSOCIATION or the DEVELOPER to object to an OWNER's or other party's failure to comply with these Covenants or any other Governing Documents (including any Rules and Regulations promulgated) shall in no event be deemed a waiver by the DEVELOPER or the ASSOCIATION, or any other Person having an interest therein, of that OWNER's or other party's requirement and obligation to abide by these Covenants. 1.1 Imposition of Fines for Violations. It is acknowledged and agreed among all OWNERS that a violation of any of the provisions of this Section by an OWNER or Resident may impose irreparable harm to the other OWNERS or Residents. All OWNERS agree that a fine not to exceed One Hundred and No/100 Dollars ($100.00) per day may be imposed by the DEVELOPER or ASSOCIATION for each day a violation continues after notification by the DEVELOPER or the ASSOCIATION, and fines may exceed One Thousand and No/100 Dollars ($1,000.00) in the aggregate. No fine or suspension of OWNERS rights shall be imposed without notice Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 25 • 0 to the OWNER of at least 14 days. The OWNER shall be entitled to an opportunity for a hearing before a committee of at least 3 members appointed by the Board who are not officers, directors or employees of the ASSOCIATION, or the spouse, parent, child, brother or sister of an officer, director or employee. If the Committee, by majority vote does not approve a proposed fine or suspension, it may not be imposed. The Committees decision is final. The foregoing requirements do not apply to fines or suspensions for failure to pay assessments or other charges. All fines collected shall be used for the benefit of the ASSOCIATION. Any fine levied shall be paid within fifteen (15) days after mailing of notice of the fine. If not paid within said fifteen (15) days the amount of such fine shall accrue interest at the highest interest rate allowed by the laws of Florida. 2 INSURANCE AND CONDEMNATION. The ASSOCIATION shall purchase and maintain the following insurance coverages subject to the following provisions, and the cost of the premiums therefor shall be a part of the ASSOCIATION Expenses: 1 Public Liability Insurance. A comprehensive policy or policies of general liability insurance naming the ASSOCIATION and, for so long as DEVELOPER owns any Unit, DEVELOPER as named insureds thereof and including the OWNERS as insureds thereunder insuring against any and all claims or demands made by any person or persons whomsoever for injuries received in connection with, or arising from, the operation, maintenance and use of the Common Area and any improvements and Buildings located thereon and/or the Common Structural Elements and for any other risks insured against by such policies with limits of not less than One Million Dollars ($1,000,000) for any single occurrence. Such coverage shall include as appropriate, without limitation, protection against any legal liability that results from lawsuits related to employment contracts in which the ASSOCIATION is a party; bodily injury and property damage liability that results from the operation, maintenance or use of the Common Area and/or the Common Structural Elements; water damage liability; liability for non -owned and hired automobiles; liability for property of others and such other risks as are customarily covered with respect to areas similar to the Common Area and/or to the Common Structural Elements. The insurance purchased shall contain a Severability of Interest endorsement, or equivalent coverage, which would preclude the insurer from denying the claim of an OWNER because of the negligent acts of either the ASSOCIATION, DEVELOPER or any other OWNERS or deny the claim of either DEVELOPER or ASSOCIATION because of negligent acts of the other or the negligent acts of an OWNER. All liability insurance shall contain cross liability endorsements to cover liabilities of the OWNERS as a group to an OWNER. Each OWNER shall be responsible for the purchasing of liability insurance for accidents occurring in his own Unit and, if the OWNER so determines, for supplementing any insurance purchased by the ASSOCIATION. Notwithstanding the foregoing, in the event the Board determines that the cost of public liability insurance is economically unwarranted, the Board may determine to either reduce the amount of such insurance, increase the deductible amount or discontinue coverage. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 26 1.2 Hazard Insurance. Each OWNER shall be responsible for the purchase of casualty insurance for all of his personal property. The ASSOCIATION shall obtain casualty insurance with such coverage and in such amounts as it may determine from time to time for the purpose of providing casualty insurance coverage for all insurable property and improvements, including Fire and Extended Coverage, Vandalism and Malicious Mischief Insurance, all of which insurance shall insure all of the insurable improvements, including personal property owned by the ASSOCIATION, in and for the interest of the ASSOCIATION, all OWNERS and their mortgagees, as their interests may appear, with a company (or companies) acceptable to the standards set by the BOARD. The ASSOCIATION shall purchase insurance for each Building now located or which may hereafter be located or built in an amount equal to one hundred percent (100%) of the "Replacement Value" thereof. The term "Replacement Value" shall mean one hundred percent (100%) of the current replacement costs exclusive of land, foundation, excavation, items of personal property and other items normally excluded from coverage as determined annually by the BOARD. The BOARD may determine the kind of coverage and proper and adequate amount of insurance. The casualty insurance shall contain an "agreed amount endorsement" or its equivalent, "inflation guard endorsement," and, if determined necessary, an" increased cost of construction endorsement"" or "continuant liability from operation of building laws endorsement" or a "demolition endorsement' or the equivalent. The Casualty Insurance shall insure the Buildings from loss or damage caused by or resulting from at least the following: fire and other hazards covered by the standard extended coverage endorsement and by sprinkler leakage, windstorm, vandalism, malicious mischief, debris removal and demolition, and such other risks as shall customarily be covered with respect to projects or developments similar to the Buildings in construction, location and use. 1.3 Flood Insurance. If determined appropriate by the Board or if required by an Institutional Mortgagee, a master or blanket policy of flood insurance covering the ASSOCIATION Property and the Buildings, if available, under the National Flood Insurance Program, which flood insurance shall be in the form of a standard policy issued by a member of the National Flood Insurance Insurers ASSOCIATION, and the amount of the coverage of such insurance shall be the lesser of the maximum amount of flood insurance available under such program, or one hundred percent (100%) of the current replacement cost of all Buildings and other insurable property located in the flood hazard area. Form of Policy and Insurance Trustee. The ASSOCIATION may, to the extent possible and not inconsistent with the foregoing, obtain one (1) policy to insure all of the insurable improvements operated by the ASSOCIATION. The premiums for such coverage and other expenses in connection with said insurance shall be paid by the ASSOCIATION and assessed as part of the Quarterly Assessment. The company (or companies) with which the ASSOCIATION shall place its insurance coverage, as provided in this DECLARATION, must be a good and responsible company (or companies) authorized to do business in the State of Florida. In addition, the insurance agent must be located in the State of Florida. The ASSOCIATION shall have the right to designate a trustee ("Insurance Trustee") and upon the request of the Institutional Mortgagee holding the highest dollar indebtedness encumbering Units ("Lead Mortgagee") shall designate an Insurance Trustee. Thereafter the ASSOCIATION from Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 27 • 0 time to time shall have the right to change the Insurance Trustee to such other trust company authorized to conduct business in the State of Florida or to such other person, firm or corporation as Insurance Trustee as shall be acceptable to the BOARD and the Lead Mortgagee. The Lead Mortgagee shall have the right, for so long as it holds the highest dollar indebtedness encumbering Units within BRIDGEWATER ON TAYLOR CREEK to approve: (i) the form of the insurance policies; (ii) the amounts thereof; (iii) the company or companies which shall be the insurers under such policies; (iv) the insurance agent or agents; and (v) the designation of the Insurance Trustee if it deems the use of an Insurance Trustee other than the Board to be necessary, which approval(s) shall not be unreasonably withheld or delayed; provided, however, for so long as DEVELOPER owns any Unit(s), DEVELOPER shall have the right, but not the obligation, to require the ASSOCIATION to designate an Insurance Trustee other than the BOARD. Notwithstanding anything to this DECLARATION to the contrary, the Board may act as the Insurance Trustee hereunder unless otherwise required by the Lead Mortgagee or DEVELOPER. The Lead Mortgagee shall inform the ASSOCIATION by written notification if it requires the use of an Insurance Trustee other than the BOARD. If the use of an Insurance Trustee other than the BOARD is requested in writing, then the Lead Mortgagee shall be deemed to have approved the Insurance Trustee unless the Lead Mortgagee's written disapproval is received by the ASSOCIATION within thirty (30) days after notice from the ASSOCIATION of the identity of the proposed Insurance Trustee. If no Insurance Trustee is required, the Board shall receive, hold and expend insurance proceeds in the manner hereinafter provided as if it were the Insurance Trustee. Required Policy Provisions. All such aforesaid policies shall provide that they may not be cancelled without at least ten (10) days' prior written notice to the ASSOCIATION and "Listed Mortgagees" (as hereinafter defined) and shall be deposited with the Insurance Trustee upon its written acknowledgment that the policies and any proceeds thereof will be held in accordance with the terms hereof. Said policies shall provide that all insurance proceeds payable on account of loss or damage shall be payable to the Insurance Trustee. In the event of a casualty loss, the Insurance Trustee may deduct from the insurance proceeds collected a reasonable fee for its service as Insurance Trustee. The ASSOCIATION is hereby irrevocably appointed agent for each OWNER to adjust all claims arising under insurance policies purchased by the ASSOCIATION. The Insurance Trustee shall not be liable for payment of premiums, for the renewal or the sufficiency of the policies nor for the failure to collect any insurance proceeds. The ASSOCIATION may determine to act as Insurance Trustee, in which event references herein to Insurance Trustee shall refer to the Board. Restrictions of Mortgagees. No mortgagee shall have any right to participate in the determination of whether property is to be rebuilt, nor shall any mortgagee have the right to apply insurance proceeds to repayment of its loan unless such proceeds are distributed to OWNERS and/or their respective mortgagees. Distribution of Insurance Proceeds and Losses. The duty of the Insurance Trustee shall be to receive any and all proceeds from the insurance policies held by it and to hold such proceeds in trust for the ASSOCIATION, OWNERS and mortgagees under the following terms: In the event a loss, insured under the policies held by the Insurance Trustee, occurs to any improvements within any of the Units alone, Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 28 • 0 without any loss to any other improvements, the Insurance Trustee shall immediately pay all proceeds received because of such loss directly to the OWNERS of the Units damaged and their mortgagees, if any, as their interests may appear, and it shall be the duty of these OWNERS to use such proceeds to effect necessary repair to the Units. The Insurance Trustee, where other than the ASSOCIATION, may rely upon the written statement of the ASSOCIATION as to whether or not there has been a loss to the Units alone, the Common Structural Elements or any combination thereof. In the event that a loss of Fifty Thousand Dollars ($50,000) or less occurs to improvements within one (1) or more Units and to improvements within Common Structural Elements contiguous thereto, or to improvements within the Common Structural Elements, the Insurance Trustee shall pay the proceeds received as a result of such loss to the ASSOCIATION. Upon receipt of such proceeds, the ASSOCIATION will cause the necessary repairs to be made to the improvements within the Common Structural Elements and within the damaged Units. In such event, should the insurance proceeds be sufficient to repair the improvements within the Common Structural Elements, but insufficient to repair all of the damage within the Units, the proceeds shall be applied first to completely repair the improvements within the Common Structural Elements and the balance of the funds ("Balance") shall be apportioned by the ASSOCIATION to repair the damage to the improvements within Units, which apportionment shall be made to each Unit in accordance with the proportion of damage sustained to improvements within said Units as estimated by the insurance company whose policy covers such damage. Any deficiency between the Balance apportioned to a damaged Unit and the cost of repair shall be paid as a special assessment to the ASSOCIATION by the OWNER of such damaged Unit. In the event the Insurance Trustee receives proceeds in excess of the sum of Fifty Thousand Dollars ($50,000) as a result of damages to the improvements within the Common Structural Elements and/or Units and Common Structural Elements that are contiguous, then the Insurance Trustee shall hold, in trust, all insurance proceeds received with respect to such damage, together with any and all other funds paid as hereinafter provided, and shall distribute the same as follows: 1.1 The BOARD shall obtain or cause to be obtained reliable and detailed estimates and/or bids for the cost of rebuilding and reconstructing the damage and for the purpose of determining whether insurance proceeds are sufficient to pay for the same. 1.2 In the event the insurance proceeds are sufficient to rebuild and reconstruct all the damaged improvements, or upon the collection of the necessary funds that are described in subparagraph 10.7.3.3 below, then the damaged improvements shall be completely repaired and restored. In this event, all payees shall deliver paid bills and waivers of mechanics' liens to the Insurance Trustee and execute affidavits required by law, by the ASSOCIATION, by any Institutional Trustee and shall deliver the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 29 i same to the Insurance Trustee. Further, the ASSOCIATION shall negotiate and obtain a contractor willing to do the work on a fixed price basis or some other reasonable terms under the circumstances, which said contractor shall post a performance and payment bond, and the Insurance Trustee shall disburse the insurance proceeds and other funds held in trust in accordance with the progress payments contained in the construction contract between the ASSOCIATION and the contractor. Subject to the foregoing, the BOARD shall have the right and obligation to negotiate and contract for the repair and restoration of the premises. 1.3 In the event the insurance proceeds are insufficient to repair and replace all of the damaged improvements within the Common Structural Elements and Units contiguous to such damaged Common Structural Elements, the Board shall hold a special meeting to determine a special assessment against all of the OWNERS to obtain any necessary funds to repair and to restore such damaged improvements. Upon the determination by the BOARD of the amount of such special assessment, the BOARD shall immediately levy such special assessment against the respective Units setting forth the date or dates of payment of the same, and any and all funds received from the OWNERS pursuant to such special assessment shall be delivered to the Insurance Trustee and disbursed as provided in subparagraph 10.7.3.2 immediately preceding. In the event the deficiency between the estimated cost of the repair and replacement of the damaged property and the insurance proceeds exceeds the sum of Twenty -Five Thousand Dollars ($25,000), and three -fourths (3/4) of the OWNERS advise the Board in writing on or before the date for the first payment thereof that they are opposed to a special assessment, then the Insurance Trustee shall divide the net insurance proceeds equally among the OWNERS and shall promptly pay each share of such proceeds to the OWNERS and mortgagees of record as their interests may appear ("Insurance Proceeds Distribution"). In making any such Insurance Proceeds Distribution to the OWNERS and mortgagees, the Insurance Trustee may rely upon a certificate of an abstract company as to the names of the then OWNERS and their respective mortgagees. Any Insurance Proceeds Distribution shall also require the approval of the Lead Mortgagee. 1.1.1 In the event that after the completion of and payment for the repair and reconstruction of the damage to the damaged property and after the payment of the Insurance Trustee's fee with respect thereto any excess insurance proceeds remain in the hands of the Insurance Trustee, then such excess shall be disbursed in the manner of the Insurance Proceeds Distribution. However, in the event such repairs and replacements were paid for by any special assessment as well as insurance proceeds, then it shall be presumed that the monies disbursed in payment of any repair, replacement and reconstruction were first disbursed from insurance proceeds and any remaining funds held by the Insurance Trustee shall be distributed to the OWNERS in proportion to their contributions by way of special assessment. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 30 i 1.1.2 In the event the Insurance Trustee has on hand, within ninety (90) days after any casualty or loss, insurance proceeds and, if necessary, funds from any special assessment sufficient to pay fully any required restoration and repair with respect to such casualty or loss, then no mortgagee shall have the right to require the application of any insurance proceeds or special assessment to the payment of its loan. Any provision contained herein for the benefit of any mortgagee may be enforced by a mortgagee. 1.1.3 Any repair, rebuilding or reconstruction of damaged property shall be substantially in accordance with the architectural plans and specifications for BRIDGEWATER ON TAYLOR CREEK, as: (i) originally constructed; (ii) reconstructed; or (iii) new plans and substantial change in new plans and specifications approved by the Board from the plans and specifications of BRIDGEWATER ON TAYLOR CREEK as previously constructed shall require approval by the Lead Mortgagee. 1.1.4 The BOARD shall determine, in its sole and absolute discretion, whether damage or loss has occurred to improvements with Units alone, Common Structural Elements alone or to improvements within any combination thereof. 1.1.5 Notwithstanding anything in this Section to the contrary, the amounts set forth for the purchase of insurance in this Section are the minimum amounts to be purchased. Therefore, OWNERS or the ASSOCIATION, as the case may be, may purchase insurance in excess of the amounts set forth herein. The amounts set forth do not constitute a representation of warranty of any kind by DEVELOPER or the ASSOCIATION as to the proper amount or kinds of insurance required. 1.1.6 Policies insuring the property purchased pursuant to the requirements of this Section shall provide that any insurance trust agreement shall be recognized; the right of subrogation against OWNERS will be waived; the insurance will not be prejudiced by any acts or omission of individual OWNERS who are not under the control of the ASSOCIATION; and the policy will be primary, even if an OWNER has other insurance that covers the same loss. 1.1.7 Nothing contained herein shall prohibit the ASSOCIATION from obtaining a "Master" or `Blanket" form of insurance to meet the requirements of this Section, provided that the coverages required hereunder are fulfilled. 1.2 Fidelity Coverage. Adequate Fidelity Coverage to protect against dishonest acts of the officers and employees of the ASSOCIATION and the Directors and all others who handle are responsible for handling funds of the ASSOCIATION (whether or not they receive compensation), such coverage to be in the form of fidelity bonds which meet the following requirements: 1.1.1 Such bonds shall name the ASSOCIATION as an obligee and premiums therefor shall be paid by the ASSOCIATION; 1.1.2 Such bonds shall be written in an amount equal to at least the sum of one - quarter (1/4) of the annual Assessments on all Contributing Units, plus the Reserves, if any, but in no event less than Ten Thousand Dollars ($10,000) for each such person; and Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 31 1.1.3 Such bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. Notwithstanding the foregoing, in the event the ASSOCIATION determines that the cost of such insurance is economically unwarranted or is not obtainable, the ASSOCIATION may determine to either reduce the amount of such insurance, increase the deductible amount of discontinue coverage. Cancellation or Modification. All insurance policies purchased by the ASSOCIATION shall provide that they may not be cancelled (including for nonpayment of premiums) or substantially modified without at least ten (10) days prior written notice to the ASSOCIATION and to each first mortgage holder named in the mortgage clause. 1.2 Condemnation. In the event the ASSOCIATION receives any award or payment arising from the taking of any ASSOCIATION Property or any part thereof as a result of the exercise of the right of condemnation or eminent domain. The net proceeds thereof shall first be applied to the restoration of such taken areas and improvements thereon to the extent deemed advisable by the ASSOCIATION and approved by OWNERS owning at least two-thirds (2/3) of the Units, and the remaining balance thereof, if any, shall then be distributed pro rata to OWNERS and mortgagees of lots as their respective interests may appear. 2 DEVELOPER'S LOTS AND PRIVILEGES• DEVELOPER DESIGNEES The following provisions shall apply in addition to any and all provisions contained elsewhere in this DECLARATION with respect to the DEVELOPER's Lots and privileges. The provisions of this Section shall take precedence over any other provisions to the contrary in this DECLARATION, or in the Articles or By -Laws. 1.1 Changes in General Plan of Development. Until the completion of all of the contemplated improvements to the Properties in BRIDGEWATER ON TAYLOR CREEK and the sale of all Lots contemplated within BRIDGEWATER ON TAYLOR CREEK, the DEVELOPER reserves the right, without joinder of any person or entity, to make such changes to the General Plan of Development as may be required by any lender, governmental authority, or as may be, in its judgment, necessary or desirable; provided that any changes when made will provide facilities as good as or better than those shown on the development plans filed with the appropriate governmental authority. Deposits and Payments. The DEVELOPER shall be entitled to receive back any and all deposits refunded by any utility company or governmental authority, and shall be entitled to payments received by the ASSOCIATION with respect to the construction of private street lights, if any. Sales/Lease Activities. The DEVELOPER, until all of the lots contemplated within BRIDGEWATER ON TAYLOR CREEK have been sold and closed, shall be irrevocably empowered to sell, lease or rent lots to any person or entity approved by the DEVELOPER without any interference or objection from the ASSOCIATION, and without any limitation. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 32 0 • Furthermore, the DEVELOPER reserves the right to retain title to any lots and lease all or portions of same, without any intention of selling them. The DEVELOPER shall have the right to transact upon the Properties any business necessary to consummate the sale/lease of lots, including, but not limited to, the right to construct, install, maintain and use temporary construction, office, storage and sales facilities, place signs, banners and flags on the Properties for construction or sales purposes; use the Common Area for sales offices or for sales and promotional purposes; the right to maintain models, have signs, employees in the office, use the Common Areas and to show Units and conduct sales activities relating to property owned by the DEVELOPER or any of its affiliates which are situated outside of BRIDGEWATER ON TAYLOR CREEK. Any sales office, signs, fixtures, furnishings or other tangible personal property belonging to the DEVELOPER shall not be considered as part of the Properties nor owned by the ASSOCIATION and shall remain the property of the DEVELOPER. Special Provision Regarding The DEVELOPER's Designees. The DEVELOPER shall be permitted, without relinquishing any rights of the DEVELOPER hereunder, to designate certain builders and contractors (whether or not affiliated with the DEVELOPER) who shall be permitted to transact any business necessary to consummate the sale/lease of Lots, including, but not limited to, the right to maintain models, have signs, staff employees, maintain offices, use the Properties and show Lots. The DEVELOPER shall be permitted to impose limitation(s) upon anyone or more of said builders and contractors in connection with same. Any sales office, signs, fixtures or furnishings or other tangible personal property belonging to the particular builder and/or contractor shall not be considered as part of the Properties nor owned by the ASSOCIATION and shall remain the property of the particular builder and/or contractor. Charges and Liens; Common Expenses. 1.1.1 Exemption from Interest and Late Charges. The DEVELOPER's Lots shall be exempt from any obligation to pay interest or late fees with respect to non-payment of monies due and owing by the DEVELOPER to the ASSOCIATION, and at no time shall the ASSOCIATION be permitted to file a Claim of Lien against any Lot owned by the DEVELOPER. The DEVELOPER shall be entitled to injunctive relief and/or damages, including punitive damages, for any such liens filed. Credits. The DEVELOPER shall be permitted to pay any common expenses of the ASSOCIATION, and when doing so, shall be entitled to credit/offset against any sums due and owing by the DEVELOPER to the ASSOCIATION. 1.2 Assignment and Assumption of DEVELOPER's Rights and Privileges. The DEVELOPER hereby reserves the right to assign any or all of the rights of the DEVELOPER under the Governing Documents, in whole or in part, with respect to the Properties, to any other person or entity. In connection with such assignment, any assignee shall not be liable for any action of a prior developer. Any Institutional Mortgagee acquiring title to any of the Properties by foreclosure or by a deed in lieu of foreclosure has the right, but not the obligation, to assume any of the rights and obligations of the DEVELOPER; and regardless of such assumption, shall have the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 33 • • right to assign any rights of the DEVELOPER under the Governing Documents to any subsequent purchaser from the Institutional Mortgagee. 2 MISCELLANEOUS PROVISIONS. 1.1 Common Area and Other Disputes With the DEVELOPER. In the event that there are any warranty, negligence or other claims against the DEVELOPER or any party having a right of contribution from, or being jointly and severally liable with, the DEVELOPER (the "Claims") relating to the design, construction, furnishing or equipping of the Common Area, or other Properties, same shall be adjudicated pursuant to binding arbitration, rather than civil litigation, as permitted by the Florida Arbitration Code (the "Code"), Chapter 682, Florida Statutes, in the following manner: 2 The party making the Claims, which shall include the ASSOCIATION as well as any OWNER, (the "Claimant") shall notify the DEVELOPER in writing of the Claims, specifying with particularity the nature of each component thereof and providing a true and complete copy of each and every report, study, surveyor other document supporting or forming the basis of the Claims. Such notice shall be provided to the DEVELOPER within one hundred and twenty (120) days after the date for the DEVELOPER to relinquish control of the BOARD as provided for in the By-laws. The failure of the ASSOCIATION or any OWNER to provide the DEVELOPER written notice within such time period shall act as a bar to the ASSOCIATION or OWNER filing any Claims against the DEVELOPER. Such bar shall not serve to permit the ASSOCIATION or any OWNER to then file any Claim in court. 3 Within thirty (30) days of receipt of the notice of the Claims, the DEVELOPER will engage, at its own expense, a duly licensed engineer or architect, as appropriate (the "Arbitrator") to serve as the arbitrator of the Claims pursuant to the Code. Such engineer or architect shall be independent of the DEVELOPER and the Claimant, not having any then -current business relationship with the DEVELOPER or Claimant, other than by virtue of being the Arbitrator. Upon selecting the Arbitrator, the DEVELOPER shall notify the Claimant of the name and address of the Arbitrator. 4 Within thirty (30) days after the DEVELOPER notifies the Claimant of the name and address of the Arbitrator, the Claimant and the DEVELOPER shall be permitted to provide the Arbitrator with any pertinent materials to assist the Arbitrator in rendering his findings. 5 Within sixty (60) days from the date of his appointment, the Arbitrator shall review the Claims and supporting materials, inspect the Common Area or other Properties in question, and all appropriate plans, specifications and other documents relating thereto, and render a report (the "Final Report") to the DEVELOPER and the Claimant setting forth, on an item by item basis, his findings with respect to the Claims and the method of correction of those he finds to be valid. If the DEVELOPER so requests, by written notice to the Arbitrator, the Arbitrator will specify the estimated cost of the correction of each of those Claims he finds to be valid and shall offset therefrom costs reasonably attributable to any ASSOCIATION failure to maintain or mitigate or to any contributory negligence, in all cases whether chargeable to the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 34 • Claimant or others. At the request of the Claimant or DEVELOPER that a conference be held to discuss the Claims, such a conference shall be held, and the Arbitrator shall establish procedures, guidelines and ground rules for the holding of the conference. The Claimant and the DEVELOPER shall be entitled to representation by its attorney and any other expert at the conference. In the event such a conference is held, the sixty (60) day time period referenced in this subsection shall be extended as the Arbitrator deems warranted. At the conference, the Arbitrator shall notify the DEVELOPER and Claimant as to when the Final Report shall be issued. 6 The DEVELOPER shall have one hundred eighty (180) days after receipt of the Final Report in which to (i) correct the Claims found to be valid or (ii) pay to the Claimant the amount estimated by the Arbitrator to be the cost to correct same after the offset referred to in subsection 13.1.4 above. 7 As to those matters the DEVELOPER elects to correct, upon the completion of all corrective work the DEVELOPER will so notify the Arbitrator (with a copy of such notice to the Claimant) and the Arbitrator shall then inspect the corrected items and render a report (the 'Remedial Report") to the DEVELOPER and the Claimant on whether those items have been corrected. Such procedure shall be repeated as often as necessary until all items have been corrected. 8 For all purposes, the Final Report and Remedial Report of the Arbitrator will constitute binding and enforceable arbitration awards as defined in Section 682.09 of the Code and any party affected by such reports will have the right to seek the enforcement of same in a court of competent jurisdiction. Moreover, no party will have the right to seek separate judicial relief with respect to disputes as defined above, or to seek to vacate the aforementioned arbitration awards, except in accordance with the Code, and then only upon the specific grounds and in the specified manner for the vacation of such awards as established by Section 682.13 of the Code. 9 The Arbitrator shall not be liable to the ASSOCIATION, the Claimant or the DEVELOPER by virtue of the performance of his services hereunder, fraud and corruption excepted. 10 The procedures set forth above shall also be the sole means by which disputes as to ASSOCIATION finances (including, without limitation, the DEVELOPER's payment of assessments, deficit funding obligations, if any, the handling of reserves, if any, and the keeping of accounting records), except that the Arbitrator shall be a Certified Public Accountant who (i) is a member of Community Associations Institute and (ii) meets the independence test set forth above. 11 In the event that there is any dispute as to the legal effect or validity of any of the Claims (e.g., as to standing, privity of contract, statute of limitations or laches, failure to maintain or mitigate, existence of duty, foreseeability, comparative negligence, the effect of disclaimers or the interpretation of this DECLARATION as it applies to the Claims), such dispute shall be submitted to arbitration, as herein provided, by an attorney in good standing with The Florida Bar chosen by the DEVELOPER, which arbitrator shall be independent of the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 35 • DEVELOPER and the Claimant as set forth above. In such event, all time deadlines which cannot be met without the resolution of such disputed matters shall be suspended for such time as the arbitration provided for in this subsection continues until final resolution. 12 No provision in this Section shall confer standing which is not otherwise available to a party under law. Assignment of Rights and Duties to ASSOCIATION. The DEVELOPER may at any time assign and delegate to the ASSOCIATION all or any portion of the DEVELOPER's rights, title, interest, duties or obligations created by this DECLARATION. It is understood that the ASSOCIATION has been formed as a home owners association in order to effectuate the intent of the DEVELOPER for the proper development, operation and management of the Property. Wherever herein the DEVELOPER or the ASSOCIATION, or both, are given the right, the duty or the obligation to approve, enforce, waive, collect, sue, demand, give notice or take any other action or grant any relief or perform any task, such action may be taken by the DEVELOPER or the ASSOCIATION until such time as the DEVELOPER has recorded a Certificate of Termination of Interest in the Property. Thereafter, all rights, duties and obligations of the DEVELOPER shall be administered solely by the ASSOCIATION in accordance with procedures set forth herein and in the Governing Documents. Certificate of Termination of Interest. Notwithstanding anything in this DECLARATION, the Articles or the Bylaws to the contrary, the DEVELOPER may, in its sole discretion and at any time hereafter, elect to give up and terminate any and all rights reserved to the DEVELOPER in this DECLARATION, the Articles and the Bylaws. The rights relinquished shall include, but not be limited to, (1) the right to appoint any member of the BOARD; (2) the right to amend this DECLARATION, the Articles or the Bylaws; (3) the right to require its approval of any proposed amendment to this DECLARATION, the Articles or the Bylaws; and (4) all veto powers set forth in this DECLARATION. Such election shall be evidenced by the execution by the DEVELOPER and the recording in the Public Records of Okeechobee County, Florida, of an instrument entitled Certificate of Termination of Interest. Immediately upon the recording of such Certificate, and so long as the DEVELOPER does own at least one (1) Unit, the DEVELOPER shall become a MEMBER with no more rights or obligations in regards to BRIDGEWATER ON TAYLOR CREEK than those of any other OWNER of a Unit. The number of votes attributable to the DEVELOPER shall be calculated in accordance with the Governing Documents in the same manner as the number of votes would be calculated for any other OWNER. Waiver. The failure of the DEVELOPER or the ASSOCIATION to insist upon the strict performance of any provision of this DECLARATION shall not be deemed to be a waiver of such provision unless the DEVELOPER or the ASSOCIATION has executed a written waiver of the provision. Any such written waiver of any provision of this DECLARATION by the DEVELOPER or the ASSOCIATION may be canceled or withdrawn at any time by the party giving the waiver. Covenants to Run with the Title to the Land. This DECLARATION and the Covenants, as amended and supplemented from time to time as herein provided, shall be deemed to run with the title to the land, and shall remain in full force and effect until terminated in accordance with the provisions set out herein. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 36 Term of this DECLARATION. All of the foregoing covenants, conditions, reservations and restrictions shall run with the land and continue and remain in full force and effect at all times as against all OWNERS, their successors, heirs or assigns, regardless of how the OWNERS acquire title, for a period of fifty (50) years from the date of this DECLARATION. After such fifty (50) year period these covenants, conditions, reservations and restrictions shall be automatically extended for successive periods of ten (10) years each, until a majority of the votes of the entire membership of the ASSOCIATION execute a written instrument declaring a termination of this DECLARATION. Any termination of this DECLARATION shall be effective on the date the instrument of termination is recorded in the Public Records of Okeechobee County, Florida, provided, however, that any such instrument, in order to be effective, must be approved in writing and signed by the DEVELOPER so long as the DEVELOPER owns any portion of the Property. Amendments to DECLARATION, Articles or Bylaws of the ASSOCIATION. This DECLARATION, as well as the Articles or Bylaws of the ASSOCIATION, may be amended at any time upon the approval of at least twothirds (2/3) of the MEMBERS as evidenced by the recordation of an amendatory instrument executed by the President and Secretary of the ASSOCIATION. As long as the DEVELOPER appoints a majority of the members of the BOARD, the DEVELOPER shall have the right to unilaterally amend this DECLARATION, the Articles or the Bylaws of the ASSOCIATION without the joinder or approval of any member of the BOARD or any MEMBER and no amendment to the Articles or Bylaws shall be effective without the written approval of the DEVELOPER as long as the DEVELOPER owns any portion of the Property. 1 Disputes. In the event there is any dispute as to the interpretation of this DECLARATION or whether the use of the Property or any portion thereof complies with this DECLARATION, such dispute shall be referred to the BOARD. An OWNER may refer a final BOARD decision for mediation in accordance with Section 720.311, Florida Statutes. However, any use by the DEVELOPER and its successors, nominees and assigns of the Property shall be deemed a use which complies with this DECLARATION and shall not be subject to a determination to the contrary by the BOARD. 1.2 Governing Law. The construction, validity and enforcement of this DECLARATION shall be determined according to the laws of the State of Florida. The venue of any action or suit brought in connection with this DECLARATION shall be in Okeechobee County, Florida. Invalidation. The invalidation of any provision or provisions of this DECLARATION by lawful court order shall not affect or modify any of the other provisions of this DECLARATION, which other provisions shall remain in full force and effect. Usage. Whenever used herein, the singular number shall include the plural and the plural the singular, and the use of any gender shall include all genders. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 37 Conflict. This DECLARATION shall take precedence over conflicting provisions in the Articles and Bylaws of the ASSOCIATION and the Articles shall take precedence over the Bylaws. Notice. Any notice required to be sent to any MEMBER or OWNER under the provisions of this DECLARATION shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as MEMBER or OWNER on the records of the ASSOCIATION at the time of such mailing. Priorities in Case of Conflict. In the event of conflict between or among the provisions of any of the following, the order of priorities shall be from highest priority to lowest: Florida Statute §617.0302 13 Florida Statute §§720.301, et. seq. 14 Other Florida Statutes which apply. 15 This DECLARATION. 16 The Articles. 17 The By-laws. IN WITNESS WHEREOF, the DEVELOPER, B&T Fair Investments, Inc., a Florida corporation, has caused this instrument to be executed in its name as of the day and year first above written. Signed, sealed and delivered B&T Fair Investments, Inc. a Florida in the presence of: corporation Print Name: Print Name: STATE OF FLORIDA COUNTY OF By: Subarna Joshi, President The foregoing instrument was signed before me this day of , 2023 by Subarna Joshi, as President of B&T Fair Investments, Inc., a Florida corporation, on behalf of the Company, Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 38 • • Physical Presence Online Notarization Personally Known Produced Identification Type of Identification (NOTARY SEAL) Notary Public --State of Florida Print Notary Name: My Commission Number is: My Commission Expires: Name: Typed, printed or stamped I am a Notary Public of the State of Florida Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 39 JOINDER AND CONSENT OF MORTGAGEE WAUCHULA STATE BANK, the holder of that certain Mortgage encumbering the Property, which instrument is dated April 14,2022, and is recorded as Official Records File 4 2022005264, Public Records of Okeechobee County, Florida, and the holder of that certain Assignment of Rents encumbering the Property, which instrument is dated April 14, 2022, and is recorded as Official Records File # 2022005386, by execution hereof consents to the placing of these covenants and restrictions on the Property and further covenants and agrees that the lien of the Mortgage shall be and stand subordinate to such covenants and restrictions as if said covenants and restrictions had been executed and recorded prior to the recording of the Mortgage. Signed, sealed and delivered in the presence of: Print Witness Name: Print Witness Name: STATE OF COUNTY OF The foregoing presence or ❑ by his/her capacity as _ LON Print Name: Its: instrument was acknowledged and subscribed before me ® in my physical online notarization by , in of WAUCHULA STATE BANK, on behalf of the Bank, who ❑ is personally known to me or ® has produced as identification, and who did not take an oath. Name: Typed, printed or stamped Notary Public of the State of Florida (NOTARY SEAL) Amended Declaration of Protective Covenants, Conditions and Restrictions .. PAGE 40 • 0 SCHEDULE OF EXHIBITS EXHIBIT "A" Articles of Incorporation of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not - for -profit corporation EXHIBIT `B" By -Laws of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation EXHIBIT "C" Legal Description Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 41 EXHIBIT "C" LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING ALL OF LOTS 6 THROUGH 10, INCLUSIVE, TAYLOR CREEK MANOR, PLAT BOOK 3, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 5, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY FOR THE UNNAMED STREET, 66 FEET IN WIDTH, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR, AND AS DEDICATED AND SHOWN ON THE PLAT OF WILCOX SHORES, PLAT BOOK 2, PAGE 89, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, NOW NAMED SOUTHEAST 8TH AVENUE, SAID CORNER BEING A POINT ON A CURVE TO THE RIGHT AND CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 601.12 FEET, A RADIAL LINE BEARS N75047'43"W FROM SAID POINT TO THE RADIUS POINT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING 2 COURSES; (1) THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 22000'13", A DISTANCE OF 230.85 FEET, TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 738.75 FEET; (2) THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 4005'31", A DISTANCE OF 52.76 FEET, TO A POINT OF NON -TANGENCY, SAID POINT BEING THE NORTHEAST CORNER OF LOT 11, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR; THENCE, DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, N89°26'45"W, ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 199.46 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY EDGE OF TAYLOR CREEK, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY EDGE OF TAYLOR CREEK, MORE OR LESS, FOR THE FOLLOWING 4 COURSES; (1) THENCE N14°28'24"E, A DISTANCE OF 90.83 FEET; (2) THENCE N17-52'43"E, A DISTANCE OF 36.13 FEET; (3) THENCE N11°26'53"E, A DISTANCE OF 63.57 FEET; (4) THENCE N23°04'28"E, A DISTANCE OF 72.94 FEET, TO THE SOUTHWEST CORNER OF AFORESAID LOT 5; THENCE, DEPARTING THE EASTERLY EDGE OF TAYLOR CREEK, S89°26'45"E, ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 251.80 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 42 OF-OKFFC,Y MINUTE FILE O o.r MEMORANDUM 1�7Ar.x'1 TO: Mayor Watford & City Council DATE: February 20, 2024 FROM: City Clerk Gamiote9 fi SUBJECT: Corrected Amended Declaration of Protective Covenants within Exhibit 7 One of the documents attached to and part of Application #23-009-TRC/FP was amended per City Staff request. Unfortunately, it was not provided until after the materials were sent to be published with the agenda. The attached version replaces the copy the Amended Declaration of Protective Covenants, Conditions, and Restrictions for Bridgewater on Taylor Creek that was included within Exhibit 7. Changes/Corrections are noted as: Deleted paragraph and definition: 1.5 Conservation Areas, (was on page 2 of the now outdated version published with Exhibit 7 materials). Deleted paragraph and definition: Drainage Easements (was on page 5 of the now outdated version published with Exhibit 7 materials). Added paragraph and definition: 1.14 Dry Detention Areas, (see page 3 of the attached). Amended the wording in the first paragraph of section 4.4.1. Utility Easements, (see page 7 of the attached, more than the section highlighted was changed as shown on page 10 of the now outdated version published with Exhibit 7 materials). Exhibit A has been added. Exhibit B has been added. Thank you and apologies for any confusion. Provided by John Rice on 2/20/2024, 12:27 PM. Supersedes the copy provided in Exhibit 7 AMENDED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS We, BRIDGEWATER ON TAYLOR CREEK THIS INSTRUMENT PREPARED BY: Kenneth A. Norman, Esq. McCarthy, Summers, Wood, Norman Melby & Schultz,P.A. 2400 S.E. Federal Highway, 4ch Floor Stuart, Florida 34994 TABLE OF CONTENTS DEFINITIONS.................................................................................................................... 2 1.1 Articles.................................................................................................................... 2 1.2 Assessment..............................................................................................................2 1.3 ASSOCIATION......................................................................................................2 1.4 BOARD...................................................................................................................2 1.5 BRIDGEWATER ON TAYLOR CREEK............................................................. 2 1.6 Bylaws ....................................................................................................................2 1.7 Common Ex_penses.................................................................................................. 2 1.8 Common Area........................................................................................................ 2 1.9 Common Structural Elements................................................................................ 2 1.10 County .....................................................................................................................2 1.11 Covenants...............................................................................................................3 1.12 DECLARATION.................................................................................................... 3 1.13 DEVELOPER......................................................................................................... 3 1.14 Dry Detention Areas............................................................................................... 3 1.15 Dwelling Structure.................................................................................................. 3 1.16 General Plan of Development................................................................................ 3 1.17 Governing Documents............................................................................................ 3 1.18 Guest....................................................................................................................... 3 1.19 Improvements......................................................................................................... 4 1.20 Institutional Mortgagee........................................................................................... 4 1.21 Lead Institutional Mortgagee.................................................................................. 4 1.22 Lease....................................................................................................................... 4 1.23 LegjU....................................................................................................................4 1.24 Lot........................................................................................................................... 4 1.25 MEMBER............................................................................................................... 4 1.26 OWNER..................................................................................................................4 1.27 Person......................................................................................................................5 1.28 Plat.......................................................................................................................... 5 1.29 Pro e...................................................................................................................5 1.30 Resident................................................................................... 1.31 Supplement............................................................................................................. 5 1.32 Unit......................................................................................................................... 5 1.33 Utility Easement(s)................................................................................................. 5 PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS TO THE PROPERTY....................................................................................................................... 5 2.1 Property Subiect to DECLARATION.................................................................... 5 2.2 Other Additions to the Property.............................................................................. 5 2.3 Mergers ................................................................................................................... 6 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ............................... 6 3.1 Membership............................................................................................................ 6 3.2 MEMBER's Voting Rights..................................................................................... 6 3.3 BOARD...................................................................................................................6 EASEMENTS AND PROPERTY RIGHTS IN THE COMMON AREA ......................... 6 4.1 MEMBERS' Easement of Enjoyment..................................................................... 6 4.2 Title to Common Area............................................................................................ 7 0 7 9 4.3 4.4 4.5 Extent of MEMBERS' Easements......................................................................... 7 Easements............................................................................................................... 7 Maintenance Easement in Favor of the DEVELOPER and ASSOCIATION ........ 8 4.6 Encroachments........................................................................................................8 4.7 Ingress and Egress.................................................................................................. 8 4.8 Easement of Enjoyment to Common Area........................................................... 8 COVENANT FOR MAINTENANCE ASSESSMENTS................................................... 8 5.1 Creation of the Lien and Personal Obligation for Assessments ............................. 8 5.2 Purpose of Assessments.......................................................................................... 9 5.3 Quarterly Assessments.......................................................................................... 10 5.4 Special Assessments for Capital Improvements................................................... 10 5.5 Working Capital.................................................................................................... 11 5.6 Certificate of Payment.......................................................................................... 11 5.7 Payment of Assessments for Common Expenses ................................................. 11 5.8 Assessments for Common Expenses For Units Owned by the DEVELOPER .... 11 5.9 Monetary Defaults and Collection of Assessments .............................................. 11 5.10 Certificate as to Unpaid Assessments or Default .................................................. 13 5.11 Exempt Property................................................................................................... 13 COMMON STRUCTURAL ELEMENTS....................................................................... 13 6.1 Common Structural Elements............................................................................... 13 6.2 Encroachments...................................................................................................... 14 6.3 Repair and/or Replacement................................................................................... 14 ENFORCEMENT OF NONMONETARY DEFAULTS ................................................. 15 7.1 Nonmonetary Defaults.......................................................................................... 15 7.2 No Waiver............................................................................................................ 15 7.3 Rights Cumulative................................................................................................ 15 7.4 Enforcement By or Against Other Persons........................................................... 15 7.5 Certificate as to Default........................................................................................ 16 7.6 Maintenance..........................................................................................................16 INDEMNIFICATION...................................................................................................... 17 8.1 Indemnification of Officers. Members of the BOARD or Agents ........................ 17 RESTRICTIVE COVENANTS........................................................................................ 18 9.1 Occupancy of Lots................................................................................................ 18 9.2 Age........................................................................................................................ 18 9.3 Clothes Drying Areas............................................................................................ 18 9.4 Antennas, Aerials Discs and Flagpoles................................................................ 18 9.5 Litter.....................................................................................................................18 9.6 Subdivision or Partition........................................................................................ 19 9.7 Common Area....................................................................................................... 19 9.8 Insurance Rates..................................................................................................... 19 9.9 Air Conditioners................................................................................................... 19 9.10 Newspapers........................................................................................................... 19 9.11 Pets and Animals.................................................................................................. 19 9.12 Exception............................................................................................................. 19 9.13 No Business Activity............................................................................................ 20 9.14 Signs .....................................................................................................................20 9.15 Solar Panels ........................................................................................................... 20 9.16 Solicitation............................................................................................................ 20 9.17 Leasing of Lots with Dwelling Structures............................................................ 20 9.18 Ownership Transfer of Lots................................................................................. 21 9.19 Compliance with Documents................................................................................ 22 9.20 Exculpation of the DEVELOPER. the BOARD and the ASSOCIATION .......... 22 9.21 No Implied Waiver............................................................................................... 22 9.22 Imposition of Fines for Violations........................................................................ 22 10 INSURANCE AND CONDEMNATION....................................................................... 23 10.1 Public Liability Insurance.................................................................................... 23 10.2 Hazard Insurance.................................................................................................. 23 10.3 Flood Insurance..................................................................................................... 24 10.4 Form of Policy and Insurance Trustee.................................................................. 24 10.5 Required Policy Provisions................................................................................... 25 10.6 Restrictions of Mortgagees ................................................................................... 25 10.7 Distribution of Insurance Proceeds and Losses .................................................... 25 10.8 Fidelity Coverage.................................................................................................. 28 10.9 Cancellation or Modification................................................................................ 28 10.10 Condemnation....................................................................................................... 28 11 DEVELOPER'S LOTS AND PRIVILEGES• DEVELOPER DESIGNEES .................... 29 11.1 Changes in General Plan of Development............................................................ 29 11.2 Deposits and Payments......................................................................................... 29 11.3 Sales/Lease Activities........................................................................................... 29 11.4 Special Provision Regarding The DEVELOPER's Designees .............................. 29 11.5 Charges and Liens: Common Expenses ............................................................... 30 11.6 Assignment and Assumption of DEVELOPER' Rights and Privileges .............. 30 12 MISCELLANEOUS PROVISIONS................................................................................. 30 12.1 Common Area and Other Disputes With the DEVELOPER ................................ 30 12.2 Assignment of Rights and Duties to ASSOCIATION .......................................... 32 12.3 Certificate of Termination of Interest................................................................... 32 12.4 Waiver...................................................................................................................33 12.5 Covenants to Run with the Title to the Land ........................................................ 33 12.6 Term of this DECLARATION............................................................................ 33 12.7 Amendments to DECLARATION. Articles or Bylaws of the ASSOCIATION.. 33 12.8 Disputes.................................................................................................................34 12.9 Governing Law..................................................................................................... 34 12.10 Invalidation........................................................................................................... 34 12.11 Usage.....................................................................................................................34 12.12 Conflict................................................................................................................. 34 12.13 Notice.................................................................................................................... 34 12.14 Priorities in Case of Conflict................................................................................. 34 AMENDED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWATER ON TAYLOR CREEK KNOWALL MENBYTHESEPRESENTS, that this Amended Declaration of Protective Covenants, Conditions and Restrictions for BRIDGEWATER ON TAYLOR CREEK (the "DECLARATION"), is made and entered into as of the day of August, 2023, by B&T Fair Investments, Inc., a Florida corporation, hereinafter referred to as the 'DEVELOPER." RECITALS A. The original developer of Bridgewater on Taylor Creek previously filed that certain Declaration of Protective Covenants, Conditions and Restrictions for Bridgewater on Taylor Creek (the "Original Declaration") recorded in Official Records Book 622, Page 1919 of the Public Records of Okeechobee County Florida, but did not proceed with development of the project. B. The DEVELOPER is now the owner of the Property (as defined in Section 1) and desires to subdivide the Property in accordance with the Plat (as also defined in Section 1). C. The DEVELOPER desires to provide for the preservation of the values and amenities in the community and for the maintenance of the open spaces and other common facilities; and, to this end, desires to subject the Property to the covenants, restrictions, easements, charges and liens, hereinafter set forth in this Amended Declaration of Protective Covenants, Conditions and Restrictions for Bridgewater on Taylor Creek which supersedes the Original Declaration, each and all of which is and are for the benefit of the Property and each OWNER (as defined in Section 1) thereof. D. The DEVELOPER has deemed it desirable for the efficient preservation of the values and amenities in the community to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. E. The DEVELOPER has incorporated under the laws of the State of Florida, as a corporation not -for -profit, BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., the purpose of which shall be to exercise the functions aforesaid. DECLARATION NOW, THEREFORE, the DEVELOPER declares that the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 1 I DEFINITIONS. Unless prohibited by the context in which they are used, the following words, when used in this DECLARATION, shall be defined as set out below: 1.1 Articles. "Articles" shall mean and refer to the Articles of Incorporation of the ASSOCIATION, as such Articles may be amended from time to time. 1.2 Assessment. "Assessment" shall mean and refer to those charges made by the ASSOCIATION from time to time against each Unit within the Property for the purposes set forth herein, and shall include, but not be limited to Original and Annual Assessments for Common Expenses and Special Assessments for Capital Improvements. 1.3 ASSOCIATION. "ASSOCIATION' shall mean BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation. Copies of the Articles and Bylaws of the ASSOCIATION are attached to this DECLARATION as Exhibits "A" and "B", respectively. 1.4 BOARD. 'BOARD" shall mean the Board of Directors of the ASSOCIATION. 1.5 BRIDGEWATER ON TAYLOR CREEK. "BRIDGEWATER ON TAYLOR CREEK" shall mean the real estate development located in Okeechobee County, Florida, developed by the DEVELOPER, which includes the Property and any additional real property to be added to the Property upon the recording of an appropriate Supplement(s) in the Public Records of Okeechobee County, Florida. 1.6 Bylaws. 'Bylaws" shall mean and refer to the Bylaws of the ASSOCIATION, as such Bylaws may be amended from time to time. 1.7 Common Expenses. "Common Expenses" shall mean and refer to all expenses incurred by the ASSOCIATION in connection with its ownership and/or maintenance of the Common Area and other obligations set forth herein, or as may be otherwise determined by the BOARD. 1.8 Common Area. "Common Area" or "Common Areas" shall mean and refer to those portions of the Property which are intended to be devoted to the common use and the enjoyment of the OWNERS, and occupants, in this DECLARATION, as well as the portion of the Property, less the Lots, and all personal property owned, leased by or dedicated to the ASSOCIATION for the common use and enjoyment of the OWNERS and occupants. The Common Area includes the Access Tract, the Dry Detention Areas, the Open Space Tracts and the Utility Easements as shown and depicted on the Plat. 1.9 Common Structural Elements. "Common Structural Elements" shall mean certain elements, fixtures or parts contained in a `Building" (as defined in Section 6 hereof) which are structural elements of more than one Unit contained therein. 1.10 County. County shall refer to Okeechobee County, Florida. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 2 1.11 Covenants. "Covenants" shall mean and refer to the covenants, restrictions, reservations, conditions, easements, charges and liens hereinafter set forth. All Covenants constitute "covenants running with the land" and shall run perpetually unless terminated or amended as provided herein, and shall be binding on all OWNERS. 1.12 DECLARATION. "DECLARATION" shall mean this instrument, Declaration of Protective Covenants and Restrictions for Bridgewater on Taylor Creek, and all amendments or Supplements made to this instrument. 1.13 DEVELOPER. "DEVELOPER" shall mean B&T Fair Investments, Inc., a Florida corporation, and its successors or assigns as designated in writing by the DEVELOPER. 1.14 Dry Detention Areas. "Dry Detention Areas" shall mean and refer to the areas so designated on the Plat and dedicated to the Association. The Dry Detention Areas shall be used for drainage and for storm water detention and retention to the extent approved by those governmental agencies having jurisdiction over the Dry Detention Areas. The Dry Detention Areas are a part of the Common Area and, except as limited herein, shall be for the common use, benefit and enjoyment of all OWNERS. The ASSOCIATION has the obligation to maintain the Dry Detention Areas. 1.15 Dwelling Structure. "Dwelling Structure" means a residential townhouse situated on a Lot, including all improvements associated with the townhouse on the Lot. Unless the context specifically provides otherwise, reference to the term "Dwelling Structure" shall not include use of the Lot. 1.16 General Plan of Development. "General Plan of Development" means that plan as approved by appropriate governmental agencies which shall represent the total general scheme and general uses of land in the Properties, as it may be amended from time to time. 1.17 Governing Documents. "Governing Documents" shall mean this DECLARATION, any Supplement to the DECLARATION, as the same may be amended from time to time and filed in the Public Records of Okeechobee County, Florida, as well as the Articles and Bylaws of the ASSOCIATION, as the same may be amended from time to time and maintained at the ASSOCIATION office. In the event of conflict or inconsistency among Governing Documents, to the extent permitted by law, this DECLARATION and any Supplement(s) to the DECLARATION, the Articles, and the Bylaws, in that order, shall control. One Governing Document's lack of a provision with respect to a matter for which provision is made in another Governing Document shall not be deemed a conflict or inconsistency between such Governing Documents. 1.18 Guest. "Guest" means any person who is not a member of the family occupying a Lot, and who is physically present in, or occupies the Lot at the invitation of the Owner or other legally permitted occupant, without requirement to contribute money, perform any services or provide any other consideration to the Owner or Lessee in connection with occupancy of the Lot. A permanent occupant of a Lot shall not be considered as a Guest. Furthermore, an Owner of a Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 3 Lot shall never be considered a Guest on the Lot he owns, unless the Owner is visiting a Lessee on the Lot. 1.19 Improvements. "Improvements" shall mean and refer to all structures of any kind including, without limitation, any building, fence, wall, sign, paving, grating, parking and building addition, alteration, screen enclosure, sewer, drain, disposal system, decorative building, recreational facility, landscaping, exterior lighting or landscape device or object. 1.20 Institutional Mortgagee. "Institutional Mortgagee" means the holder (or its assignee) of a mortgage against any of the Properties, including any Lot, which mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust, the Federal Housing Administration, the Veterans Administration, or any agency of the United States of America. The term also refers to any holder of a mortgage against a Lot which mortgage is guaranteed or insured by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America, or by any other public or private corporation engaged in the business of guaranteeing or insuring residential mortgage loans, and their successors and assigns, and includes the DEVELOPER. For definitional purposes only, an Institutional Mortgagee shall also mean the holder of any mortgage executed by or in favor of DEVELOPER, whether or not such holder would otherwise be considered an Institutional Mortgagee. "Institutional First Mortgagee" means the foregoing, but is limited to the holder of a first mortgage. 1.21 Lead Institutional Mortgagee. "Lead Institutional Mortgagee" means that Institutional Mortgagee which, at the time a determination is made, holds first mortgages on more Lots in BRIDGEWATER ON TAYLOR CREEK than any other Institutional Mortgagee, such determination to be made by reference to the number of Lots encumbered, and not by the dollar amount of such mortgages. 1.22 Lease. "Lease" means the grant by an Owner of a temporary right of use of the Owner's Dwelling Structure and Lot for valuable consideration. 1.23 Leasing. "Leasing" for purposes of this subsection is defined as regular, exclusive occupancy of a Unit by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. 1.24 Lot. "Lot" shall mean and refer to a Unit. 1.25 MEMBER. "MEMBER" shall mean and refer to all those OWNERS who are Members of the ASSOCIATION as provided in Section 3.1. 1.26 OWNER. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Unit situated upon the Property but, notwithstanding any applicable theory of mortgage, shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 4 1.27 Person. "Person" shall mean and include an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, sole proprietorship, joint venture, two or more persons having a joint or common interest, or any other legal entity. 1.28 Plat. "Plat" shall mean the Plat of Bridgewater on Taylor Creek recorded in Plat Book , Page of the Public Records of Okeechobee County, Florida. 1.29 Property. "Property" shall mean and refer to BRIDGEWATER ON TAYLOR CREEK, as per the Plat, with the Property being more particularly described in Exhibit "C," which term may also include any additional real property that may be made subject to this DECLARATION upon the recording of an appropriate Supplement(s) in the Public Records of Okeechobee County, Florida. 1.30 Resident. 'Resident" shall mean and refer to the legal occupant of any Unit. The term 'Resident" shall include the OWNER of the Unit and any tenant, lessee or licensee of the OWNER. 1.31 Supplement. "Supplement" shall mean a document and the exhibits thereto which when recorded in the Public Records of Okeechobee County, Florida, shall subject additional real property to the provisions of this DECLARATION. 1.32 Unit. "Unit" shall mean a residential unit intended as an abode for one family. 1.33 Utility Easement(s). "Utility Easement(s)" shall mean and refer to the utility easement areas set forth on the Plat. The Utility Easement(s) may be used for utility purposes (including CATV) by any utility in compliance with such ordinances and regulations as may be adopted from time to time by Okeechobee County or the City of Okeechobee, Florida. 2 PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS TO THE PROPERTY. 2.1 Property Subject to DECLARATION. The Property is, and shall be, held, transferred, sold, conveyed, and occupied subject to this DECLARATION. 2.2 Other Additions to the Property. The DEVELOPER reserves the right to add, or may cause to be added, other real property not now included within the Plat. Each commitment of additional property to this DECLARATION shall be made by a recitation to that effect in a Supplement which need be executed only by the DEVELOPER, and the owner of such real property if not the DEVELOPER but joined by the DEVELOPER, and does not require the execution or consent of the ASSOCIATION, or any OWNERS. The Supplement shall describe the real property which is being committed to this DECLARATION and made subject to the terms of this DECLARATION and shall contain such other terms and provisions as the DEVELOPER deems proper. Upon the recordation of a Supplement, such real property described therein shall be committed to the Covenants contained in this DECLARATION and shall be considered "Property" as fully as though originally designated herein as "Property". Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 5 2.3 Mergers. Upon a merger or consolidation of the ASSOCIATION with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the ASSOCIATION as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the Covenants established by this DECLARATION within the Property together with the covenants and restrictions established by Supplemental DECLARATION upon any other properties as one scheme. No such merger or consolidation, however, shall affect any revocation, change or addition to the Covenants within the Property, except as hereinafter provided. 3 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.1 Membershin. Except as is set forth in this Section 3.1, every Person who is a record titleholder of a fee or undivided fee interest in any Unit which is subject by covenants of record to assessment by the ASSOCIATION shall be a MEMBER of the ASSOCIATION, provided that any such Person which holds such interest merely as a security for the performance of any obligation shall not be a MEMBER. 3.2 MEMBER's Voting Rights. The votes of the MEMBERS shall be established and exercised as provided in the Articles and Bylaws. 3.3 BOARD. The ASSOCIATION shall be governed by the BOARD which shall be appointed, designated or elected, as the case may be, as follows: 3.3.1 The DEVELOPER shall have the right to appoint all members of the BOARD until the DEVELOPER holds less than ten percent (10%) of the total number of votes of MEMBERS as determined by the Articles. 3.3.2 After the DEVELOPER no longer has the right to appoint all members of the BOARD under subsection 3.3.1 of this Section, or earlier if the DEVELOPER so elects, then, and only then, shall any member of the BOARD be elected by the MEMBERS of the ASSOCIATION. 3.3.3 A member of the BOARD may be removed and vacancies on the BOARD shall be filled in the manner provided by the Bylaws. However, any member of the BOARD appointed by the DEVELOPER may only be removed by the DEVELOPER, and any vacancy on the BOARD of a member appointed by the DEVELOPER shall be filled by the DEVELOPER. 4 EASEMENTS AND PROPERTY RIGHTS IN THE COMMON AREA 4.1 MEMBERS' Easement of Enioyment. Subject to the provisions of Section 4.3 and Section 4.4, every MEMBER shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 6 4.2 Title to Common Area. Title to the Common Areas shall be vested in the ASSOCIATION which shall hold said property for the benefit and use of the OWNERS within BRIDGEWATER ON TAYLOR CREEK. The ASSOCIATION shall be responsible for ensuring the proper management, maintenance and operation of the Common Areas and all improvements thereon, and for the payment of all property taxes and other assessments which are liens against the Common Areas, from and after the date of recordation of this DECLARATION. 4.3 Extent of MEMBERS' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: 4.3.1 the right of the DEVELOPER and of the ASSOCIATION, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the Common Area and in aid thereof; and 4.3.2 the right of the ASSOCIATION to take such steps as are reasonably necessary to protect the Common Area against foreclosure; and 4.3.3 the right of the ASSOCIATION to charge reasonable admission and other fees for the use of the Common Area; 4.3.4 dedications to any public agency, authority or utility as set forth on the Plat; and 4.3.5 the right of the ASSOCIATION to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the MEMBERS, provided, however, that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by MEMBERS entitled to cast two thirds (2/3) of the votes irrespective of class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every MEMBER at least ninety (90) days in advance of any action taken. 4.4 Easements. 4.4.1 Utility Easements. are as shown and dedicated on the Plat for the installation, replacement, repair and maintenance of all utility and service lines and systems, storm water drainage, and irrigation including but not limited to electric, gas, water, sewer, telephone, electric, cable television, security, and surveillance or communication lines and systems, and irrigation. By virtue of this easement it shall be expressly permissible for the DEVELOPER or the providing utility or service company to install and maintain facilities and equipment on the Common Area, to excavate for such purposes and to affix and maintain wires, circuits, and conduits on the Units and on, in and under the roofs and exterior walls of the Units, providing the disturbed areas are restored to the condition in which they were found and that an easement does not prevent or unreasonably interfere with the use of the Units. Except as otherwise provided below, no sewer, electrical lines, water lines, or other utility service lines or facilities for such utilities and no cable or communication lines and systems may be installed or relocated on the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 7 Common Area except as are approved by the DEVELOPER. The DEVELOPER may also transfer title to utility -related equipment, facilities or material, and to take any other action to satisfy the requirements of any utility company or governmental agency to which any such utility -related equipment, facilities or material are to be so transferred. Utility as referred to herein means a public or private utility. This power to create easements shall also include the power to modify or relocate easements which are created. Once the DEVELOPER closes upon the sale of the last Unit in the Property, the powers vested in the DEVELOPER shall terminate, and shall then vest in the ASSOCIATION. Such powers shall be exercised by the BOARD in its reasonable discretion without the need for joinder of any OWNER. 4.5 Maintenance Easement in Favor of the DEVELOPER and ASSOCIATION. There is hereby reserved to the DEVELOPER and to the ASSOCIATION an easement over the Common Area for the ASSOCIATION's maintenance obligations pursuant to this DECLARATION. 4.6 Encroachments. If any Unit encroaches upon any of the Common Area for any reason other than the intentional act of an OWNER, or if any Common Area encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 4.7 Ingress and Egress. A non-exclusive easement shall exist in favor of each OWNER and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through, and across sidewalks, streets, paths, walks, and other portions of the Common Area as from time to time may be intended and designated for such purpose and use, and for vehicular and pedestrian traffic over, through, and across such portions of the Common Area as from time to time may be paved or intended for such purposes, and for purposes of ingress and egress to the public ways. 4.8 Easement of Enioyment to Common Area. Every OWNER has a right and easement of enjoyment of the Common Area, subject to any limitations in this DECLARATION and reasonable Rules and Regulations. COVENANT FOR MAINTENANCE ASSESSMENTS. 5.1 Creation of the Lien and Personal Obligation for Assessments. Each OWNER of any Unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees to pay to the ASSOCIATION: (1) Quarterly Assessments for Common Expenses; (2) Special Assessments for Capital Improvements; and (3) Original Assessment for Working Capital, such Assessments to be fixed, established, and collected from time to time as hereinafter provided. The Original, Quarterly and Special Assessments, together with such interest thereon and costs of collection thereof as are hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Unit against which each such Assessment is made. Each such Assessment, together with such interest thereon and cost of collection thereof as are hereinafter provided, shall also be the personal Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 8 obligation of the person who was the OWNER of such Lot at the time when the Assessment fell due. 5.2 Purpose of Assessments. The Assessments levied by the ASSOCIATION shall be used exclusively for the purpose of the improvement and maintenance of properties, services, and facilities which are devoted to the purpose and related to the use and enjoyment of the Common Area and of the Units situated upon the Property, including, but not limited to: 5.2.1 Payment of operating expenses of the ASSOCIATION; including, without limitation, those incorporation or start-up expenses necessary to form and otherwise organize the ASSOCIATION and to create this DECLARATION; 5.2.2 Construction, improvement and maintenance of the Common Area; 5.2.3 Garbage collection and trash and rubbish removal but only when and to the extent specifically authorized by the ASSOCIATION; 5.2.4 Such insurance as the Board, in its business judgment, determines advisable, which may include, without limitation, flood and wind insurance and liability insurance. 5.2.5 Repayment of deficits previously incurred by the ASSOCIATION (or the DEVELOPER), if any, in making capital improvements to or upon the Common Area, and/or in furnishing the services and facilities provided herein to or for the OWNERS and the MEMBERS of the ASSOCIATION; 5.2.6 Doing any other thing necessary or desirable, in the judgment of the ASSOCIATION, to keep the Property neat and attractive or to preserve or enhance the value of the Property, or to eliminate fire, health or safety hazards, or which, in the judgment of the ASSOCIATION, may be of general benefit to the OWNERS and/or Residents of lands included in the Property; 5.2.7 Repayment of funds and interest thereon, borrowed by the ASSOCIATION; and 5.2.8 Maintenance and repair of easements shown on any recorded subdivision plat. 5.2.9 The ASSOCIATION will provide lawn maintenance for BRIDGEWATER ON TAYLOR CREEK. Such maintenance will include periodic mowing and edging and other services determined, from time to time, by the BOARD. Such services may include, but shall not be limited to, fertilization, pesticide application, mulching, tree pruning and shrubbery trimming. It is anticipated the ASSOCIATION will contract with independent third party landscape maintenance companies to provide service in accordance with this Section. 5.2.10 Any and all expenses necessary to: (i) maintain and preserve the Common Area; (ii) maintain, repair and replace the Common Structural Elements; (iii) keep, maintain, operate, repair and replace any and all buildings, improvements, personal property and furniture Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 9 owned by the ASSOCIATION, and fixtures and equipment upon the Common Area in a manner consistent with the development of the Property and in accordance with the covenants and restrictions contained herein and in conformity with all applicable federal, state, county or municipal laws, statutes, ordinances, orders, rulings and regulations; and (iv) maintain and repair the portions of the Property which are the responsibility of the ASSOCIATION, including, without limitation, any entrance sign(s) placed by DEVELOPER on the Common Area. 5.3 Ouarterly Assessments. 5.3.1 Ouarterly Assessment. Until changed by the BOARD in accordance with the terms hereof, the Quarterly Assessment shall be Seven Hundred Fifty and No/l00 per Lot, payable quarterly, in advance, on January 1, April 1, July 1, and October 1 of each year. This Quarterly Assessment shall be prorated in the year of initial purchase of the Lot. The Quarterly Assessment shall be paid directly to the ASSOCIATION to be held in accordance with the above provisions. The DEVELOPER shall not be required to pay Quarterly Assessments for Units owned by the DEVELOPER; provided, however, that, in accordance with Section 720.308, Florida Statutes, DEVELOPER shall be obligated for any operating expenses incurred that exceed the assessments received from the OWNERS and other income of the ASSOCIATION. Each OWNER shall be responsible for a fractional amount of the total amount of the Common Expenses, Special Assessments and Reserves, with the fractional amount for each Unit being determined by dividing one by the total number of Units in BRIDGEWATER ON TAYLOR CREEK. 5.3.2 Adjustment to Quarterly Assessment. Prior to the beginning of each fiscal year, the BOARD shall adopt a budget for such fiscal year which shall estimate all of the Common Expenses to be incurred by the ASSOCIATION during the fiscal year. The total Common Expenses shall be divided by the number of Units to establish the Quarterly Assessment for Common Expenses per Unit. The ASSOCIATION shall then promptly notify all OWNERS in writing of the amount of the Quarterly Assessment for Common Expenses for each Unit. From time to time during the fiscal year, the BOARD may revise the budget for the fiscal year. Pursuant to the revised budget the BOARD may, upon written notice to the OWNERS, change the amount, frequency and/or due dates of the Quarterly Assessments for Common Expenses for each Unit. If the expenditure of funds is required by the ASSOCIATION in addition to funds produced by the Quarterly Assessments for Common Expenses, the BOARD may make Special Assessments for Common Expenses, which shall be levied in the same manner as provided for regular Quarterly Assessments for Common Expenses and shall be payable in the manner determined by the BOARD as stated in the notice of any Special Assessment for Common Expenses. 5.4 Special Assessments for Capital Improvements. 5.4.1 In addition to the Assessments for Common Expenses authorized by Section 5.3 hereof, the BOARD may levy in any assessment year a Special Assessment for Capital Improvements, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 10 5.4.2 The BOARD may also levy Special Assessments pursuant to Section 6 hereof for the maintenance, repair or replacement of Common Structural Elements. 5.5 Workim! Capital. A contribution shall be made by or on behalf of the OWNERS to the working capital of the ASSOCIATION in an amount to be determined from time to time by the BOARD upon every initial and subsequent transfer of record title to a Lot (i.e. an initial sale or resale). The capital contribution shall be fixed by the BOARD. The DEVELOPER, its parent, subsidiaries, affiliates and assigns, shall be exempt from payment of the contribution required by this section. The capital contribution required by the Section shall constitute an assessment against the Lots and shall be subject to the same lien rights and other rights of collection applicable to other Assessments under this Section. 5.6 Certificate of Payment. The ASSOCIATION shall upon demand at any time, furnish to any OWNER liable for any Assessment a certificate in writing signed by an officer of the ASSOCIATION, setting forth whether the Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. 5.7 Payment of Assessments for Common Expenses. Each MEMBER shall be required to and shall pay to the ASSOCIATION an amount equal to the Assessment, or installment, for each Unit within the Property then owned by and/or under the jurisdiction of such OWNER on or before the date each Assessment, or installment, is due. In the event any Assessments are made payable in equal periodic payments as provided in the notice from the ASSOCIATION, such periodic payments shall automatically continue to be due and payable in the same amount and frequency as indicated in the notice, unless and/or until: (1) the notice specifically provides that the periodic payments will terminate upon the occurrence of a specified event or the payment of a specified amount; or (2) the ASSOCIATION notifies the OWNER in writing of a change in the amount and/or frequency of the periodic payments. Notwithstanding the foregoing, in no event shall any Assessment payable by any OWNER be due less than ten (10) days from the date of the notification of such Assessment. 5.8 Assessments for Common Expenses For Units Owned by the DEVELOPER. Notwithstanding anything contained in this Section to the contrary, the DEVELOPER shall not be required to pay Assessments for any Units owned by the DEVELOPER; provided, however, that, in accordance with Section 720.308, Florida Statutes, DEVELOPER shall be obligated for any operating expenses incurred that exceed the assessments received from the OWNERS and other income of the ASSOCIATION. DEVELOPER may elect to make a loan to the ASSOCIATION to assist the ASSOCIATION with its financial needs. In such event, the ASSOCIATION shall be required to repay the DEVELOPER the full loan amount, plus a reasonable interest rate, within a reasonable period of time. 5.9 Monetary Defaults and Collection of Assessments. 5.9.1 Interest. If any OWNER is in default in the payment of any Assessment for more than ten (10) days after same is due, or in the payment of any other monies owed to the ASSOCIATION for a period of more than ten (10) days after written demand by the ASSOCIATION, the ASSOCIATION may charge such OWNER interest at the highest rate Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 11 permitted by the laws of Florida, on the amount owed to the ASSOCIATION. Such interest shall accrue from the due date of the Assessment, on the monies owed. 5.9.2 Acceleration of Assessments. If any OWNER is in default in the payment of any Assessment or any other monies owed to the ASSOCIATION for more than ten (10) days after written demand by the ASSOCIATION, the ASSOCIATION shall have the right to accelerate and require such defaulting OWNER to pay to the ASSOCIATION Assessments for Common Expenses for the next twelve (12) month period, based upon the then existing amount and frequency of Assessments for Common Expenses. In the event of such acceleration, the defaulting OWNER shall continue to be liable for any increases in the regular Assessments for Common Expenses, for all Special Assessments, and/or all other Assessments and monies payable to the ASSOCIATION. 5.9.3 Collection. In the event any OWNER fails to pay any Assessment, Special Assessment or other monies due to the ASSOCIATION within ten (10) days of the date when due, the ASSOCIATION may take any action deemed necessary in order to collect such Assessments, Special Assessments or monies including, but not limited to, retaining the services of a collection agency or attorney to collect such Assessments, Special Assessments or monies, initiating legal proceedings for the collection of such Assessments, Special Assessments or monies, recording a Claim of Lien as hereinafter provided, and foreclosing same in the same fashion as mortgage liens are foreclosed, or any other appropriate action. The OWNER shall be liable to the ASSOCIATION for all costs and expenses incurred by the ASSOCIATION incident to the collection of any Assessment, Special Assessment or other monies owed to it, and the enforcement and/or foreclosure of any lien for same, including, but not limited to, reasonable attorneys' fees, and attorneys' fees and costs incurred on the appeal of any lower court decision, reasonable administrative fees of the DEVELOPER and/or the ASSOCIATION, and all sums paid by the ASSOCIATION for taxes and on account of any mortgage lien and encumbrance in order to preserve and protect the ASSOCIATION's lien. The ASSOCIATION shall have the right to bid in the foreclosure sale of any lien foreclosed by it for the payment of any Assessments, Special Assessments or monies owed to it; and if the ASSOCIATION becomes the OWNER of any Unit by reason of such foreclosure, it shall offer such Unit for sale within a reasonable time and shall deduct from the proceeds of such sale all Assessments, Special Assessments or monies due it. All payments received by the ASSOCIATION on account of any Assessments, Special Assessments or monies owed to it by any OWNER shall be first applied to payments and expenses incurred by the ASSOCIATION, then to interest, then to any unpaid Assessments, Special Assessments or monies owed to the ASSOCIATION in the inverse order that the same were due. 5.9.4 Lien for Assessment, Special Assessment and Monies Owed to ASSOCIATION. The ASSOCIATION shall have a lien on all Property owned by an OWNER for any unpaid Assessments (including any Assessments which are accelerated pursuant to this DECLARATION), Special Assessments or other monies owed to the ASSOCIATION by such OWNER, and for interest, reasonable attorneys' fees incurred by the ASSOCIATION incident to the collection of the Assessments, Special Assessments and other monies, or enforcement of the lien, for reasonable administrative fees incurred by the DEVELOPER and/or the ASSOCIATION, and for all sums advanced and paid by the ASSOCIATION for taxes and on account of superior mortgages, liens or encumbrances in order to protect and preserve the ASSOCIATION's lien. To give public notice of the unpaid Assessment, Special Assessment or other monies owed, the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 12 ASSOCIATION may record a Claim of Lien in the Public Records of Okeechobee County, Florida, stating the description of the Unit(s), and name of the OWNER, the amount then due, and the due dates. The lien is in effect until all sums secured by it (including sums which became due after the recording of the Claim of Lien) have been fully paid. The Claim of Lien must be signed and acknowledged by an officer or agent of the ASSOCIATION. Upon payment in full of all sums secured by the lien, the person making the payment is entitled to a satisfaction of the lien. 5.9.5 Transfer of a Unit after Assessment. The ASSOCIATION's lien shall not be affected by the sale or transfer of any Unit. In the event of any such sale or transfer, both the new OWNER and the prior OWNER shall be jointly and severally liable for all Assessments, Special Assessments, interest, and other costs and expenses owed to the ASSOCIATION which are attributable to any Unit purchased by or transferred to such new OWNER. A new OWNER by accepting a Deed for the Unit expressly agrees to the provisions of this section. 5.9.6 Subordination of the Lien to Mortgages. The lien of the ASSOCIATION for Assessments or other monies shall be subordinate and inferior to the lien of any first mortgage in favor of an Institutional Lender recorded prior to the recording of a Claim of Lien by the ASSOCIATION. For purposes of this DECLARATION, "Institutional Lender" shall mean and refer to the DEVELOPER, a bank, savings bank, savings and loan association, insurance company, real estate investment trust, or any other recognized lending institution. If the ASSOCIATION's lien or its rights to any lien for any such Assessments, Special Assessments, interest, expenses or other monies owed to the ASSOCIATION by any OWNER is extinguished by foreclosure of a mortgage held by an Institutional Lender, such sums shall thereafter be Common Expenses, collectible from all OWNERS including such acquirer, and its successors and assigns. 5.10 Certificate as to Unpaid Assessments or Default. Upon request by any OWNER, or an Institutional Lender holding a mortgage encumbering any Unit, the ASSOCIATION shall execute and deliver a written certificate as to whether or not such OWNER is in default with respect to the payment of any Assessments, Special Assessments or any monies owed in accordance with the terms of this DECLARATION. 5.11 Exempt Property. The following property subject to this DECLARATION shall be exempted from the Assessments, charges and liens created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Areas; and all properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from Assessments, charges or liens. 6 COMMON STRUCTURAL ELEMENTS. 6.1 Common Structural Elements. Each building containing Townhouse Units ("Building") shall contain Common Structural Elements which include, but are not limited to, the following: Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE. 13 6.1.1 All utility lines, ducts, conduits, pipes, wires and other utility fixtures and appurtenances which are located on or within the Building and which directly or indirectly in any way service more than one (1) Unit in the Building. 6.1.2 All division walls ("Party Walls") between two (2) Units located upon a lot line between two (2) Units. A division wall is found to be not on a lot line shall not preclude that division wall from being a Party Wall. The OWNERS of the Units adjacent to a Party Wall shall own such Party Wall as tenants in common. 6.1.3 The entire roof of the Building, any and all roof support structures, and any and all appurtenances to such roof and roof support structures, including, without limitation, the roof covering, roof trim and roof drainage fixtures, all of which are collectively referred to herein as the "Roofing". 6.1.4 Any and all walls or columns necessary to support the roof structure, all of which are collectively referred to herein as "Bearing Walls." 6.1.5 Any and all siding, finish, trim, exterior sheathings and other exterior materials and appurtenances on the exterior of the Building, all of which are collectively referred to herein as the "Exterior Finish." 6.1.6 The entire concrete floor slab, or wood floor system if utilized in lieu thereof, and all foundational and support structures and appurtenances thereto, all of which are collectively referred to as the "Flooring." 6.1.7 The walls (other than Party Walls) or fences erected or which may be erected along the lot lines and all foundational and support structures with respect thereto. 6.2 Encroachments. Any Common Structural Elements, or parts thereof, extending beyond a Unit or into the Common Area, shall not be deemed to violate the provisions of this DECLARATION, and such easements as may be necessary to accommodate and permit the Common Structural Elements as same shall be constructed are hereby imposed. 6.3 Repair and/or Replacement. Notwithstanding any provision in this DECLARATION to the contrary, in the event any Common Structural Element or part thereof located within a Unit requires maintenance, repair or replacement and the Board determines that the necessity for such maintenance, repair or replacement was not due to any act or failure to act on the part of the OWNER of the Unit in question and the cost of such maintenance, repair or replacement would result in an inequitable and unfair burden upon any particular Unit, then upon such determination by the BOARD, the cost of such maintenance, repair or replacement shall be determined to be the subject of a Special Assessment and shared equally by all of the Units comprising the Building to the extent that such cost is not covered by Homeowners Insurance. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 14 ENFORCEMENT OF NONMONETARY DEFAULTS. 7.1 N_onmonetary Defaults. In the event of a violation by any MEMBER or OWNER (other than the nonpayment of any Assessment, Special Assessment or other monies) of any of the provisions of this DECLARATION, or the Governing Documents, the ASSOCIATION shall notify the MEMBER or OWNER of the violation, by written notice. If such violation is not cured as soon as practicable and in any event within seven (7) days after the receipt of such written notice, or if the violation is not capable of being cured within such seven (7) day period, if the MEMBER or OWNER fails to commence and diligently proceed to completely cure as soon as practical, the ASSOCIATION may, at its option: 7.1.1 Specific Performance. Commence an action to enforce the performance on the part of the MEMBER or OWNER, or for such equitable relief as may be necessary under the circumstances, including injunctive relief; and/or 7.1.2 Damages. Commence an action to recover damages; and/or 7.1.3 Corrective Action. Take any and all action reasonably necessary to correct such violation, which action may include, but is not limited to, removing any Improvement or performing any maintenance required to be performed by this DECLARATION, including the right to enter upon the Unit to make such corrections or modifications as are necessary, or remove anything in violation of the provisions of this DECLARATION. 7.1.4 Expenses. All expenses incurred by the ASSOCIATION in connection with the correction of any violation, or the commencement of any action against any OWNER, including administrative fees and costs and reasonable attorneys' fees and costs, and attorneys' fees and costs incurred on the appeal of any lower court decision, shall be a Special Assessment assessed against the applicable OWNER, and shall be due upon written demand by the ASSOCIATION and collectible as any other Special Assessment under this Section or Section 5. 7.2 No Waiver. The failure of the ASSOCIATION to enforce any right, provision, covenant or condition which may be granted by this DECLARATION or the Governing Documents shall not constitute a waiver of the right of the ASSOCIATION to enforce such right, provisions, covenant or condition in the future. 7.3 Rights Cumulative. All rights, remedies and privileges granted to the ASSOCIATION pursuant to any terms, provisions, covenants or conditions of this DECLARATION or the Governing Documents shall be deemed to be cumulative, and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the ASSOCIATION thus exercising the same from executing suc� additional remedies, rights or privileges as may be granted or as it might have by law. 7.4 Enforcement By or Against Other Persons. In addition to the foregoing, this DECLARATION may be enforced by the DEVELOPER, or the ASSOCIATION, by any procedure at law or in equity against any Person violating or attempting to violate any provision herein, to restrain such violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein. The expense of any litigation to enforce Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 15 this DECLARATION shall be borne by the Person against whom enforcement is sought, provided such proceeding results in a finding that such Person was in violation of this DECLARATION. In addition to the foregoing, any OWNER shall have the right to bring an action to enforce this DECLARATION against any Person violating or attempting to violate any provision herein, to restrain such violation or to require compliance with the provisions contained herein, but no OWNER shall be entitled to recover damages or to enforce any lien created herein as a result of a violation or failure to comply with the provisions contained herein by any Person. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs, including reasonable attorneys' fees and costs incurred on the appeal of any lower court decision. 7.5 Certificate as to Default. Upon request by any MEMBER, or OWNER, or an Institutional Lender holding a mortgage encumbering any Unit, the ASSOCIATION shall execute and deliver a written certificate as to whether or not such MEMBER or OWNER is in default with respect to compliance with the terms and provisions of this DECLARATION. 7.6 Maintenance 7.6.1 Easement. DEVELOPER hereby grants to the ASSOCIATION and its successors and assigns an easement for ingress and egress over the Property for the purpose fulfilling its duties of maintenance and/or repair obligations in accordance with the provisions hereof. 7.6.2 ASSOCIATION Responsibility. The ASSOCIATION shall maintain, repair and replace the following portion of the Lots within BRIDGEWATER ON TAYLOR CREEK: 7.6.2.1 All landscaping installed by the DEVELOPER, including periodic lawn mowing. 7.6.2.2 All irrigation systems, installed by the DEVELOPER, including all sprinkler heads, lines and pumps. 7.6.2.3 All roofs, soffits and fascia. 7.6.2.4 Painting or staining any outside or exterior portion of the initial residence constructed on the Lot, including all approved alterations. Any disagreements concerning the scope of ASSOCIATION's maintenance responsibility or its performance thereof shall be resolved by the BOARD. 7.6.3 Manaizement. The ASSOCIATION may contract with any person or management company for the purposes of carrying out the maintenance services and other obligations of the ASSOCIATION provided for in this DECLARATION. 7.6.4 Common Expenses. The cost of all of the maintenance, repairs and replacements described herein (including electricity for the irrigation system) shall be a Common Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 16 Expense, provided that each OWNER shall be subject to a Special Assessment for any additional costs or expenses due to their negligence or willful misconduct. 7.6.5 OWNER Responsibilities. The OWNERS shall be responsible for the following: 7.6.5.1 Maintenance of light bulbs in external fixtures controlled from inside the units. 7.6.5.2 Maintenance of patio furniture and landscaping. 7.6.5.3 Cleaning of exterior windows. INDEMNIFICATION. 8.1 Indemnification of Officers. Members of the BOARD or Aeents. The ASSOCIATION shall indemnify any Person who was or is a party or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a member of the BOARD, employee, Officer or agent of the ASSOCIATION, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the ASSOCIATION; and, with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; or matter as to which such Person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duty to the ASSOCIATION unless and only to the extent that the court in which such action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such Person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement conviction, or upon a plea of nolo contendere or its equivalent, shall not, in and 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 interest of the ASSOCIATION; and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful. 8.1.1 To the extent that a member of the BOARD, Officer, employee or agent of the ASSOCIATION is entitled to indemnification by the ASSOCIATION in accordance with this Section, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith. 8.1.2 Expenses incurred in defending a civil or criminal action, suitor proceeding shall be paid by the ASSOCIATION in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the member of the BOARD, Officer, employee or agent of the ASSOCIATION to repay such amount unless it shall ultimately be Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 17 determined that he is entitled to be indemnified by the ASSOCIATION as authorized in this Section. 8.1.3 The indemnification provided by this Section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the laws of the State of Florida, any Bylaw, agreement, vote of MEMBERS or otherwise. As to action taken in an official capacity while holding office, the indemnification provided by this Section shall continue as to a Person who has ceased to be a member of the BOARD, Officer, employee or agent of the ASSOCIATION, and shall inure to the benefit of the heirs, executors and administrators of such a Person. 8.1.4 The ASSOCIATION shall have the power to purchase and maintain insurance on behalf of any Person who is or was a member of the BOARD, Officer, employee or agent of the ASSOCIATION, or is or was serving at the request of the ASSOCIATION as a member of the BOARD, Officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, as arising out of his status as such, whether or not the ASSOCIATION would have the power to indemnify him against such liability under the provisions of this Section. 9 RESTRICTIVE COVENANTS. The Property shall be subject to the following Restrictions, reservations and conditions, which shall be binding upon the DEVELOPER and upon each and every OWNER who shall acquire hereafter a Lot or any portion of the Property, and shall be binding upon their respective heirs, personal representatives, successors and assigns. 9.1 Occupancy of Lots. Each Lot shall be occupied by OWNERS and tenants and their family members and guests and employees, as a residence and for no other purpose, subject to any other provision in this DECLARATION and in the Rules and Regulations relating to use of the Lot. 9.2 Age. There is no age restriction in BRIDGEWATER ON TAYLOR CREEK. 9.3 Clothes Drying Areas. No portion of the Property shall be used as a drying or hanging area for laundry of any kind unless approved in writing by the DEVELOPER or the ASSOCIATION. 9.4 Antennas, Aerials, Discs and Flagpoles. No outside antennas, antenna poles, antenna masts, satellite television reception devices, electronic devices, antenna towers or citizen band (CB) or amateur band (ham) antennas shall be permitted except as approved in writing by the ASSOCIATION. A flagpole for display of the American flag or any other flag shall be permitted only if first approved in writing by the ASSOCIATION, both as to its design, height, location and type of flag. No flagpole shall be used as an antenna. 9.5 Litter. In order to preserve the beauty of the Property, no garbage, trash, refuse or rubbish shall be deposited, dumped or kept upon any part of the Property except in closed containers, dumpsters or other garbage collection facilities deemed suitable by the ASSOCIATION. All containers, dumpsters and other garbage collection facilities shall be screened, to the extent reasonable under the circumstances, from view from outside the Unit upon Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 18 which same are located and kept in a clean condition with no noxious or offensive odors emanating therefrom. 9.6 Subdivision or Partition. No portion of the Property shall be subdivided except with the DEVELOPER's prior written consent. After the DEVELOPER no longer owns any portion of the Property, written consent must be obtained from the ASSOCIATION. No subdivision or partition of any Unit may be made in a manner inconsistent with local law. 9.7 Common Area. Nothing shall be stored, constructed within or removed from the Common Area other than by the DEVELOPER, except with the prior written approval of the BOARD. 9.8 Insurance Rates. Nothing shall be done or kept on the Common Area which shall increase the insurance rates of the ASSOCIATION without the prior written consent of the BOARD. 9.9 Air Conditioners. Window or wall -mounted air conditioning units are prohibited. 9.10 Newspapers. No OWNER or resident shall install or maintain any newspaper box on the Properties. All newspapers delivered to a Lot shall be brought inside daily and shall not be permitted to accumulated on any Lot or common area. 9.11 Pets and Animals. OWNERS and tenants are permitted to have pets and animals as a privilege, but only as follows: 9.11.1 Animals and pets shall be restricted to one (1) cat, dog, or bird per unit and fish in reasonable numbers. 9.11.2 When outside of the Unit, all dogs must be accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash shall not exceed eight (8) feet in length. No dogs shall be permitted to run at large outside the Unit. 9.11.3 The owner/custodian of each animal and pet and/or the individual walking same, shall be required to clean up after the animal/pet. 9.11.4 The owner/custodian of the animal or pet shall remove his or her animal or pet from the Property when such animal or pet emits excessive noise such that same may be heard outside of the Unit. 9.11.5 Any pet/animal owner's privilege to have a pet/animal reside in the Property shall be revoked if the pet/animal shall create a nuisance or shall become a nuisance. 9.12 Exception. The provisions of Section 9.13 shall yield where necessary to meet the needs of handicapped persons pursuant to fair housing laws. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 19 9.13 No Business Activity. No business or commercial activity or enterprise of any kind whatsoever shall be erected, maintained, operated, carried on, permitted or conducted on the Properties, including Lots; provided, however that the following shall not violate this Section: 9.13.1 Any business which qualifies as a home occupation under the applicable zoning code shall be permitted. However, a day care or child care facility or operation (regardless of age) shall not be permitted, irrespective of whether same is a home occupation. 9.13.2 The practice of leasing Lots. 9.13.3 The business of operating the ASSOCIATION. 9.14 Sins. No signs, freestanding or otherwise installed, shall be erected or displayed to the public view on any Unit. Notwithstanding the foregoing, the DEVELOPER specifically reserves the right for itself, its successors, nominees and assigns and the ASSOCIATION to place and maintain signs in connection with construction, marketing, sales and rental of Lots and identifying or informational signs anywhere on the Property. 9.15 Solar Panels. Solar panels shall be permitted only as required by Florida Statutes Section 163.04, as amended from time to time, and to the extent not prohibited by said statute, the ARB shall be permitted to dictate the placement, screening and color of same. 9.16 Solicitation. No business solicitation whatsoever shall be permitted in the Community, whether or not such solicitation is for the benefit of a non-profit organization, whether in person or by hand delivery of letters, without the permission of the BOARD. This shall not preclude an OWNER from inviting a person or firm to enter BRIDGEWATER ON TAYLOR CREEK for the purpose of contracting business with an OWNER. 9.17 LeasinE of Lots with Dwelling Structures. 9.17.1 General. An OWNER may lease only his entire Lot, and then only in accordance with the DECLARATION, without the need for ASSOCIATION approval. However, each OWNER shall be required to advise the ASSOCIATION of any lease or change in occupancy, and the ASSOCIATION shall be permitted to adopt a form for the OWNER and/or lessee to execute providing reasonable information relating to same. 9.17.2 Contents of Lease Agreement. Every lease, whether oral or written shall contain, and if it does not contain, shall automatically be deemed to contain, the following: 9.17.2.1 The lessee and all occupants shall abide by all provisions of the Governing Documents and reasonable Rules and Regulations, as amended from time to time, and the failure to do so shall constitute a material default and breach of the lease. 9.17.2.2 Any assessments or Charges, together with interest, late fees, costs and attorneys' fees, due and owing by the OWNER/landlord shall be paid by the lessee directly to the ASSOCIATION, so long as the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 20 ASSOCIATION notifies the OWNER/landlord and lessee of such sums due and owing, and lessee shall not be in breach of the lease for making such payments and deducting same from the rent due and owing to the landlord; the foregoing shall not change the fact that the OWNER shall remain primarily liable for the payment of any and all such sums to the ASSOCIATION until same are paid in full. 9.17.2.3 The parties recognize that the ASSOCIATION, as agent for the landlord/OWNER, has the power to evict the tenants and occupants under Chapter 83, Florida Statutes, for violations of the Governing Documents and reasonable Rules and Regulations, as amended from time to time. 9.17.3 Subleasing; Renting Rooms. Subleasing of a Lot shall be absolutely prohibited. Furthermore, no rooms shall be rented in any Lot. The intention is that only entire Lots may be rented, and Lots may not be sublet. 9.17.4 Frequency of Leasing. No lease shall be made more often than once in any 12 month period. For purposes of calculation, a lease shall be considered as made on the first day of the lease term. 9.17.5 Lease Terms. The minimum permitted lease term shall be six months. 9.18 Ownership Transfer of Lots. In order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the Lots, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents, the transfer of the ownership of a Lot shall be subject to the following provisions so long as the Community exists, which provisions each OWNER of a Lot agrees to observe. 9.18.1 Forms of Ownership. 9.18.1.1 General. Except as otherwise provided in this Section, there is no limit as to how a Lot may be owned. 9.18.1.2 Life Estate. A Lot may be subject to a life estate, either by operation of law or by a voluntary conveyance. In that event, the life tenant shall be the MEMBER from such Lot, and the occupancy of the Lot shall be as if the life tenant was the only OWNER. Upon termination of the life estate, the holders of the remainder interest shall have no occupancy rights unless separately approved by the ASSOCIATION. The life tenant shall be liable for all assessments and Charges against the Lot. Any consent or approval required of MEMBER may be given by the life tenant alone, and the consent or approval of the holders of the remainder interest shall not be required. If there is more than one life tenant, they shall be treated as co - OWNERS. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 21 9.18.2 Transfer of Ownership of Lots. OWNERS may transfer title to Lots without the need for ASSOCIATION approval. However, each OWNER shall be required to advise the ASSOCIATION of any transfer of ownership, and the ASSOCIATION shall be permitted to adopt a form for the OWNER and/or purchaser/new OWNER to execute providing reasonable information relating to same. 9.19 Compliance with Documents. Each OWNER (including each Resident) and his family members, guests, invitees, lessees and their family members, guests, and invitees; and his or its tenants, licensees, guests, invitees and sub -tenants shall be bound and abide by this DECLARATION. The conduct of the foregoing parties shall be considered to be the conduct of the OWNER responsible for, or connected in any manner with, such individual's presence. Such OWNER shall be liable to the ASSOCIATION for the cost of any maintenance, repair or replacement of any real or personal property rendered necessary by his act, neglect or carelessness, or by that of any other of the foregoing parties (but only to the extent that such expense is not met by the proceeds of insurance carried by the ASSOCIATION) which shall be paid for by the OWNER as a Special Assessment as provided in Section 5. Failure of an OWNER to notify any Person of the existence of the covenants, conditions, restrictions, and other provisions of this DECLARATION shall not in any way act to limit or divest the right to enforcement of these provisions against the OWNER or such other Person. The ASSOCIATION may require each OWNER to sign an acknowledgment that the OWNER has read and understands all of the ASSOCIATION'S rules, and agrees to abide by them. 9.20 Exculpation of the DEVELOPER, the BOARD and the ASSOCIATION. The DEVELOPER, the BOARD and the ASSOCIATION may grant, withhold or deny its permission or approval in any instance where its permission or approval is permitted or required without liability of any nature to the OWNER or any other Person for any reason whatsoever, and any permission or approval granted shall be binding upon all Persons. 9.21 No Implied Waiver. The failure of the ASSOCIATION or the DEVELOPER to object to an OWNER's or other party's failure to comply with these Covenants or any other Governing Documents (including any Rules and Regulations promulgated) shall in no event be deemed a waiver by the DEVELOPER or the ASSOCIATION, or any other Person having an interest therein, of that OWNER's or other party's requirement and obligation to abide by these Covenants. 9.22 Imposition of Fines for Violations. It is acknowledged and agreed among all OWNERS that a violation of any of the provisions of this Section by an OWNER or Resident may impose irreparable harm to the other OWNERS or Residents. All OWNERS agree that a fine not to exceed One Hundred and No/100 Dollars ($100.00) per day may be imposed by the DEVELOPER or ASSOCIATION for each day a violation continues after notification by the DEVELOPER or the ASSOCIATION, and fines may exceed One Thousand and No/100 Dollars ($1,000.00) in the aggregate. No fine or suspension of OWNERS rights shall be imposed without notice to the OWNER of at least 14 days. The OWNER shall be entitled to an opportunity for a hearing before a committee of at least 3 members appointed by the Board who are not officers, directors or employees of the ASSOCIATION, or the spouse, parent, child, brother or sister of an officer, director or employee. If the Committee, by majority vote does not approve a proposed fine or suspension, it may not be imposed. The Committees decision is final. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 22 The foregoing requirements do not apply to fines or suspensions for failure to pay assessments or other charges. All fines collected shall be used for the benefit of the ASSOCIATION. Any fine levied shall be paid within fifteen (15) days after mailing of notice of the fine. If not paid within said fifteen (15) days the amount of such fine shall accrue interest at the highest interest rate allowed by the laws of Florida. 10 INSURANCE AND CONDEMNATION. The ASSOCIATION shall purchase and maintain the following insurance coverages subject to the following provisions, and the cost of the premiums therefor shall be a part of the ASSOCIATION Expenses: 10.1 Public Liability Insurance. A comprehensive policy or policies of general liability insurance naming the ASSOCIATION and, for so long as DEVELOPER owns any Unit, DEVELOPER as named insureds thereof and including the OWNERS as insureds thereunder insuring against any and all claims or demands made by any person or persons whomsoever for injuries received in connection with, or arising from, the operation, maintenance and use of the Common Area and any improvements and Buildings located thereon and/or the Common Structural Elements and for any other risks insured against by such policies with limits of not less than One Million Dollars ($1,000,000) for any single occurrence. Such coverage shall include as appropriate, without limitation, protection against any legal liability that results from lawsuits related to employment contracts in which the ASSOCIATION is a party; bodily injury and property damage liability that results from the operation, maintenance or use of the Common Area and/or the Common Structural Elements; water damage liability; liability for non -owned and hired automobiles; liability for property of others and such other risks as are customarily covered with respect to areas similar to the Common Area and/or to the Common Structural Elements. The insurance purchased shall contain a Severability of Interest endorsement, or equivalent coverage, which would preclude the insurer from denying the claim of an OWNER because of the negligent acts of either the ASSOCIATION, DEVELOPER or any other OWNERS or deny the claim of either DEVELOPER or ASSOCIATION because of negligent acts of the other or the negligent acts of an OWNER. All liability insurance shall contain cross liability endorsements to cover liabilities of the OWNERS as a group to an OWNER. Each OWNER shall be responsible for the purchasing of liability insurance for accidents occurring in his own Unit and, if the OWNER so determines, for supplementing any insurance purchased by the ASSOCIATION. Notwithstanding the foregoing, in the event the Board determines that the cost of public liability insurance is economically unwarranted, the Board may determine to either reduce the amount of such insurance, increase the deductible amount or discontinue coverage. 10.2 Hazard Insurance. Each OWNER shall be responsible for the purchase of casualty insurance for all of his personal property. The ASSOCIATION shall obtain casualty insurance with such coverage and in such amounts as it may determine from time to time for the purpose of providing casualty insurance coverage for all insurable property and improvements, including Fire and Extended Coverage, Vandalism and Malicious Mischief Insurance, all of which insurance shall insure all of the insurable improvements, including personal property owned by the ASSOCIATION, in and for the interest of the ASSOCIATION, all OWNERS and their mortgagees, as their interests may appear, with a company (or companies) acceptable to the standards set by the BOARD. The ASSOCIATION shall purchase insurance for each Building now located or which may hereafter be located or built in an amount equal to one hundred percent Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 23 (100%) of the "Replacement Value" thereof. The term "Replacement Value" shall mean one hundred percent (100%) of the current replacement costs exclusive of land, foundation, excavation, items of personal property and other items normally excluded from coverage as determined annually by the BOARD. The BOARD may determine the kind of coverage and proper and adequate amount of insurance. The casualty insurance shall contain an "agreed amount endorsement" or its equivalent, "inflation guard endorsement," and, if determined necessary, an" increased cost of construction endorsement"" or "continuant liability from operation of building laws endorsement" or a "demolition endorsement" or the equivalent. The Casualty Insurance shall insure the Buildings from loss or damage caused by or resulting from at least the following: fire and other hazards covered by the standard extended coverage endorsement and by sprinkler leakage, windstorm, vandalism, malicious mischief, debris removal and demolition, and such other risks as shall customarily be covered with respect to projects or developments similar to the Buildings in construction, location and use. 10.3 Flood Insurance. If determined appropriate by the Board or if required by an Institutional Mortgagee, a master or blanket policy of flood insurance covering the ASSOCIATION Property and the Buildings, if available, under the National Flood Insurance Program, which flood insurance shall be in the form of a standard policy issued by a member of the National Flood Insurance Insurers ASSOCIATION, and the amount of the coverage of such insurance shall be the lesser of the maximum amount of flood insurance available under such program, or one hundred percent (100%) of the current replacement cost of all Buildings and other insurable property located in the flood hazard area. 10.4 Form of Policy and Insurance Trustee. The ASSOCIATION may, to the extent possible and not inconsistent with the foregoing, obtain one (1) policy to insure all of the insurable improvements operated by the ASSOCIATION. The premiums for such coverage and other expenses in connection with said insurance shall be paid by the ASSOCIATION and assessed as part of the Quarterly Assessment. The company (or companies) with which the ASSOCIATION shall place its insurance coverage, as provided in this DECLARATION, must be a good and responsible company (or companies) authorized to do business in the State of Florida. In addition, the insurance agent must be located in the State of Florida. The ASSOCIATION shall have the right to designate a trustee ("Insurance Trustee") and upon the request of the Institutional Mortgagee holding the highest dollar indebtedness encumbering Units ("Lead Mortgagee") shall designate an Insurance Trustee. Thereafter the ASSOCIATION from time to time shall have the right to change the Insurance Trustee to such other trust company authorized to conduct business in the State of Florida or to such other person, firm or corporation as Insurance Trustee as shall be acceptable to the BOARD and the Lead Mortgagee. The Lead Mortgagee shall have the right, for so long as it holds the highest dollar indebtedness encumbering Units within BRIDGEWATER ON TAYLOR CREEK to approve: (i) the form of the insurance policies; (ii) the amounts thereof; (iii) the company or companies which shall be the insurers under such policies; (iv) the insurance agent or agents; and (v) the designation of the Insurance Trustee if it deems the use of an Insurance Trustee other than the Board to be necessary, which approval(s) shall not be unreasonably withheld or delayed; provided, however, for so long as DEVELOPER owns any Unit(s), DEVELOPER shall have the right, but not the obligation, to require the ASSOCIATION to designate an Insurance Trustee other than the BOARD. Notwithstanding anything to this DECLARATION to the contrary, the Board may act as the Insurance Trustee hereunder unless otherwise required by the Lead Mortgagee or DEVELOPER. The Lead Mortgagee shall inform the ASSOCIATION by Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 24 written notification if it requires the use of an Insurance Trustee other than the BOARD. If the use of an Insurance Trustee other than the BOARD is requested in writing, then the Lead Mortgagee shall be deemed to have approved the Insurance Trustee unless the Lead Mortgagee's written disapproval is received by the ASSOCIATION within thirty (30) days after notice from the ASSOCIATION of the identity of the proposed Insurance Trustee. If no Insurance Trustee is required, the Board shall receive, hold and expend insurance proceeds in the manner hereinafter provided as if it were the Insurance Trustee. 10.5 Required Policy Provisions. All such aforesaid policies shall provide that they may not be cancelled without at least ten (10) days' prior written notice to the ASSOCIATION and "Listed Mortgagees" (as hereinafter defined) and shall be deposited with the Insurance Trustee upon its written acknowledgment that the policies and any proceeds thereof will be held in accordance with the terms hereof. Said policies shall provide that all insurance proceeds payable on account of loss or damage shall be payable to the Insurance Trustee. In the event of a casualty loss, the Insurance Trustee may deduct from the insurance proceeds collected a reasonable fee for its service as Insurance Trustee. The ASSOCIATION is hereby irrevocably appointed agent for each OWNER to adjust all claims arising under insurance policies purchased by the ASSOCIATION. The Insurance Trustee shall not be liable for payment of premiums, for the renewal or the sufficiency of the policies nor for the failure to collect any insurance proceeds. The ASSOCIATION may determine to act as Insurance Trustee, in which event references herein to Insurance Trustee shall refer to the Board. 10.6 Restrictions of Mortgazees. No mortgagee shall have any right to participate in the determination of whether property is to be rebuilt, nor shall any mortgagee have the right to apply insurance proceeds to repayment of its loan unless such proceeds are distributed to OWNERS and/or their respective mortgagees. 10.7 Distribution of Insurance Proceeds and Losses. The duty of the Insurance Trustee shall be to receive any and all proceeds from the insurance policies held by it and to hold such proceeds in trust for the ASSOCIATION, OWNERS and mortgagees under the following terms: 10.7.1 In the event a loss, insured under the policies held by the Insurance Trustee, occurs to any improvements within any of the Units alone, without any loss to any other improvements, the Insurance Trustee shall immediately pay all proceeds received because of such loss directly to the OWNERS of the Units damaged and their mortgagees, if any, as their interests may appear, and it shall be the duty of these OWNERS to use such proceeds to effect necessary repair to the Units. The Insurance Trustee, where other than the ASSOCIATION, may rely upon the written statement of the ASSOCIATION as to whether or not there has been a loss to the Units alone, the Common Structural Elements or any combination thereof. 10.7.2 In the event that a loss of Fifty Thousand Dollars ($50,000) or less occurs to improvements within one (1) or more Units and to improvements within Common Structural Elements contiguous thereto, or to improvements within the Common Structural Elements, the Insurance Trustee shall pay the proceeds received as a result of such loss to the ASSOCIATION. Upon receipt of such proceeds, the ASSOCIATION will cause the necessary repairs to be made to the improvements within the Common Structural Elements and within the damaged Units. In Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 25 such event, should the insurance proceeds be sufficient to repair the improvements within the Common Structural Elements, but insufficient to repair all of the damage within the Units, the proceeds shall be applied first to completely repair the improvements within the Common Structural Elements and the balance of the funds ("Balance") shall be apportioned by the ASSOCIATION to repair the damage to the improvements within Units, which apportionment shall be made to each Unit in accordance with the proportion of damage sustained to improvements within said Units as estimated by the insurance company whose policy covers such damage. Any deficiency between the Balance apportioned to a damaged Unit and the cost of repair shall be paid as a special assessment to the ASSOCIATION by the OWNER of such damaged Unit. 10.7.3 In the event the Insurance Trustee receives proceeds in excess of the sum of Fifty Thousand Dollars ($50,000) as a result of damages to the improvements within the Common Structural Elements and/or Units and Common Structural Elements that are contiguous, then the Insurance Trustee shall hold, in trust, all insurance proceeds received with respect to such damage, together with any and all other funds paid as hereinafter provided, and shall distribute the same as follows: 10.7.3.1 The BOARD shall obtain or cause to be obtained reliable and detailed estimates and/or bids for the cost of rebuilding and reconstructing the damage and for the purpose of determining whether insurance proceeds are sufficient to pay for the same. 10.7.3.2 In the event the insurance proceeds are sufficient to rebuild and reconstruct all the damaged improvements, or upon the collection of the necessary funds that are described in subparagraph 10.7.3.3 below, then the damaged improvements shall be completely repaired and restored. In this event, all payees shall deliver paid bills and waivers of mechanics' liens to the Insurance Trustee and execute affidavits required by law, by the ASSOCIATION, by any Institutional Trustee and shall deliver the same to the Insurance Trustee. Further, the ASSOCIATION shall negotiate and obtain a contractor willing to do the work on a fixed price basis or some other reasonable terms under the circumstances, which said contractor shall post a performance and payment bond, and the Insurance Trustee shall disburse the insurance proceeds and other funds held in trust in accordance with the progress payments contained in the construction contract between the ASSOCIATION and the contractor. Subject to the foregoing, the BOARD shall have the right and obligation to negotiate and contract for the repair and restoration of the premises. 10.7.3.3 In the event the insurance proceeds are insufficient to repair and replace all of the damaged improvements within the Common Structural Elements and Units contiguous to such damaged Common Structural Elements, the Board shall hold a special meeting to determine a special assessment against all of the OWNERS to obtain any necessary funds to repair and to restore such damaged improvements. Upon the determination by the BOARD of the amount of such special assessment, the BOARD shall immediately levy such special assessment against the Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 26 respective Units setting forth the date or dates of payment of the same, and any and all funds received from the OWNERS pursuant to such special assessment shall be delivered to the Insurance Trustee and disbursed as provided in subparagraph 10.7.3.2 immediately preceding. In the event the deficiency between the estimated cost of the repair and replacement of the damaged property and the insurance proceeds exceeds the sum of Twenty -Five Thousand Dollars ($25,000), and three -fourths (3/4) of the OWNERS advise the Board in writing on or before the date for the first payment thereof that they are opposed to a special assessment, then the Insurance Trustee shall divide the net insurance proceeds equally among the OWNERS and shall promptly pay each share of such proceeds to the OWNERS and mortgagees of record as their interests may appear ("Insurance Proceeds Distribution"). In making any such Insurance Proceeds Distribution to the OWNERS and mortgagees, the Insurance Trustee may rely upon a certificate of an abstract company as to the names of the then OWNERS and their respective mortgagees. Any Insurance Proceeds Distribution shall also require the approval of the Lead Mortgagee. 10.7.4 In the event that after the completion of and payment for the repair and reconstruction of the damage to the damaged property and after the payment of the Insurance Trustee's fee with respect thereto any excess insurance proceeds remain in the hands of the Insurance Trustee, then such excess shall be disbursed in the manner of the Insurance Proceeds Distribution. However, in the event such repairs and replacements were paid for by any special assessment as well as insurance proceeds, then it shall be presumed that the monies disbursed in payment of any repair, replacement and reconstruction were first disbursed from insurance proceeds and any remaining funds held by the Insurance Trustee shall be distributed to the OWNERS in proportion to their contributions by way of special assessment. 10.7.5 In the event the Insurance Trustee has on hand, within ninety (90) days after any casualty or loss, insurance proceeds and, if necessary, funds from any special assessment sufficient to pay fully any required restoration and repair with respect to such casualty or loss, then no mortgagee shall have the right to require the application of any insurance proceeds or special assessment to the payment of its loan. Any provision contained herein for the benefit of any mortgagee may be enforced by a mortgagee. 10.7.6 Any repair, rebuilding or reconstruction of damaged property shall be substantially in accordance with the architectural plans and specifications for BRIDGEWATER ON TAYLOR CREEK, as: (i) originally constructed; (ii) reconstructed; or (iii) new plans and substantial change in new plans and specifications approved by the Board from the plans and specifications of BRIDGEWATER ON TAYLOR CREEK as previously constructed shall require approval by the Lead Mortgagee. 10.7.7 The BOARD shall determine, in its sole and absolute discretion, whether damage or loss has occurred to improvements with Units alone, Common Structural Elements alone or to improvements within any combination thereof. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 27 10.7.8 Notwithstanding anything in this Section to the contrary, the amounts set forth for the purchase of insurance in this Section are the minimum amounts to be purchased. Therefore, OWNERS or the ASSOCIATION, as the case may be, may purchase insurance in excess of the amounts set forth herein. The amounts set forth do not constitute a representation of warranty of any kind by DEVELOPER or the ASSOCIATION as to the proper amount or kinds of insurance required. 10.7.9 Policies insuring the property purchased pursuant to the requirements of this Section shall provide that any insurance trust agreement shall be recognized; the right of subrogation against OWNERS will be waived; the insurance will not be prejudiced by any acts or omission of individual OWNERS who are not under the control of the ASSOCIATION; and the policy will be primary, even if an OWNER has other insurance that covers the same loss. 10.7.10Nothing contained herein shall prohibit the ASSOCIATION from obtaining a "Master" or "Blanket" form of insurance to meet the requirements of this Section, provided that the coverages required hereunder are fulfilled. 10.8 Fidelity Coverage. Adequate Fidelity Coverage to protect against dishonest acts of the officers and employees of the ASSOCIATION and the Directors and all others who handle are responsible for handling funds of the ASSOCIATION (whether or not they receive compensation), such coverage to be in the form of fidelity bonds which meet the following requirements: 10.8.1 Such bonds shall name the ASSOCIATION as an obligee and premiums therefor shall be paid by the ASSOCIATION; 10.8.2 Such bonds shall be written in an amount equal to at least the sum of one - quarter (1/4) of the annual Assessments on all Contributing Units, plus the Reserves, if any, but in no event less than Ten Thousand Dollars ($10,000) for each such person; and 10.8.3 Such bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. Notwithstanding the foregoing, in the event the ASSOCIATION determines that the cost of such insurance is economically unwarranted or is not obtainable, the ASSOCIATION may determine to either reduce the amount of such insurance, increase the deductible amount of discontinue coverage. 10.9 Cancellation or Modification. All insurance policies purchased by the ASSOCIATION shall provide that they may not be cancelled (including for nonpayment of premiums) or substantially modified without at least ten (10) days prior written notice to the ASSOCIATION and to each first mortgage holder named in the mortgage clause. 10.10 Condemnation. In the event the ASSOCIATION receives any award or payment arising from the taking of any ASSOCIATION Property or any part thereof as a result of the exercise of the right of condemnation or eminent domain. The net proceeds thereof shall first be Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 28 applied to the restoration of such taken areas and improvements thereon to the extent deemed advisable by the ASSOCIATION and approved by OWNERS owning at least two-thirds (2/3) of the Units, and the remaining balance thereof, if any, shall then be distributed pro rata to OWNERS and mortgagees of lots as their respective interests may appear. 11 DEVELOPER'S LOTS AND PRIVILEGES; DEVELOPER DESIGNEES The following provisions shall apply in addition to any and all provisions contained elsewhere in this DECLARATION with respect to the DEVELOPER's Lots and privileges. The provisions of this Section shall take precedence over any other provisions to the contrary in this DECLARATION, or in the Articles or By -Laws. 11.1 Chanaes in General Plan of Development. Until the completion of all of the contemplated improvements to the Properties in BRIDGEWATER ON TAYLOR CREEK and the sale of all Lots contemplated within BRIDGEWATER ON TAYLOR CREEK, the DEVELOPER reserves the right, without joinder of any person or entity, to make such changes to the General Plan of Development as may be required by any lender, governmental authority, or as may be, in its judgment, necessary or desirable; provided that any changes when made will provide facilities as good as or better than those shown on the development plans filed with the appropriate governmental authority. 11.2 Deposits and Payments. The DEVELOPER shall be entitled to receive back any and all deposits refunded by any utility company or governmental authority, and shall be entitled to payments received by the ASSOCIATION with respect to the construction of private street lights, if any. 11.3 Sales/Lease Activities. The DEVELOPER, until all of the lots contemplated within BRIDGEWATER ON TAYLOR CREEK have been sold and closed, shall be irrevocably empowered to sell, lease or rent lots to any person or entity approved by the DEVELOPER without any interference or objection from the ASSOCIATION, and without any limitation. Furthermore, the DEVELOPER reserves the right to retain title to any lots and lease all or portions of same, without any intention of selling them. The DEVELOPER shall have the right to transact upon the Properties any business necessary to consummate the sale/lease of lots, including, but not limited to, the right to construct, install, maintain and use temporary construction, office, storage and sales facilities, place signs, banners and flags on the Properties for construction or sales purposes; use the Common Area for sales offices or for sales and promotional purposes; the right to maintain models, have signs, employees in the office, use the Common Areas and to show Units and conduct sales activities relating to property owned by the DEVELOPER or any of its affiliates which are situated outside of BRIDGEWATER ON TAYLOR CREEK. Any sales office, signs, fixtures, furnishings or other tangible personal property belonging to the DEVELOPER shall not be considered as part of the Properties nor owned by the ASSOCIATION and shall remain the property of the DEVELOPER. 11.4 Special Provision Regarding The DEVELOPER's Designees. The DEVELOPER shall be permitted, without relinquishing any rights of the DEVELOPER hereunder, to designate certain builders and contractors (whether or not affiliated with the DEVELOPER) who shall be permitted to transact any business necessary to consummate the sale/lease of Lots, including, but not limited to, the right to maintain models, have signs, staff employees, maintain Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 29 offices, use the Properties and show Lots. The DEVELOPER shall be permitted to impose limitation(s) upon anyone or more of said builders and contractors in connection with same. Any sales office, signs, fixtures or furnishings or other tangible personal property belonging to the particular builder and/or contractor shall not be considered as part of the Properties nor owned by the ASSOCIATION and shall remain the property of the particular builder and/or contractor. 11.5 Charges and Liens, Common Expenses. 11.5.1 Exemption from Interest and Late Charges. The DEVELOPER's Lots shall be exempt from any obligation to pay interest or late fees with respect to non-payment of monies due and owing by the DEVELOPER to the ASSOCIATION, and at no time shall the ASSOCIATION be permitted to file a Claim of Lien against any Lot owned by the DEVELOPER. The DEVELOPER shall be entitled to injunctive relief and/or damages, including punitive damages, for any such liens filed. 11.5.2 Credits. The DEVELOPER shall be permitted to pay any common expenses of the ASSOCIATION, and when doing so, shall be entitled to credit/offset against any sums due and owing by the DEVELOPER to the ASSOCIATION. 11.6 Assignment and Assumption of DEVELOPER's Rights and Privileges. The DEVELOPER hereby reserves the right to assign any or all of the rights of the DEVELOPER under the Governing Documents, in whole or in part, with respect to the Properties, to any other person or entity. In connection with such assignment, any assignee shall not be liable for any action of a prior developer. Any Institutional Mortgagee acquiring title to any of the Properties by foreclosure or by a deed in lieu of foreclosure has the right, but not the obligation, to assume any of the rights and obligations of the DEVELOPER; and regardless of such assumption, shall have the right to assign any rights of the DEVELOPER under the Governing Documents to any subsequent purchaser from the Institutional Mortgagee. 12 MISCELLANEOUS PROVISIONS. 12.1 Common Area and Other Disputes With the DEVELOPER. In the event that there are any warranty, negligence or other claims against the DEVELOPER or any party having a right of contribution from, or being jointly and severally liable with, the DEVELOPER (the "Claims") relating to the design, construction, furnishing or equipping of the Common Area, or other Properties, same shall be adjudicated pursuant to binding arbitration, rather than civil litigation, as permitted by the Florida Arbitration Code (the "Code"), Chapter 682, Florida Statutes, in the following manner: 12.1.1 The party making the Claims, which shall include the ASSOCIATION as well as any OWNER, (the "Claimant") shall notify the DEVELOPER in writing of the Claims, specifying with particularity the nature of each component thereof and providing a true and complete copy of each and every report, study, surveyor other document supporting or forming the basis of the Claims. Such notice shall be provided to the DEVELOPER within one hundred and twenty (120) days after the date for the DEVELOPER to relinquish control of the BOARD as Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 30 provided for in the By-laws. The failure of the ASSOCIATION or any OWNER to provide the DEVELOPER written notice within such time period shall act as a bar to the ASSOCIATION or OWNER filing any Claims against the DEVELOPER. Such bar shall not serve to permit the ASSOCIATION or any OWNER to then file any Claim in court. 12.1.2 Within thirty (30) days of receipt of the notice of the Claims, the DEVELOPER will engage, at its own expense, a duly licensed engineer or architect, as appropriate (the "Arbitrator") to serve as the arbitrator of the Claims pursuant to the Code. Such engineer or architect shall be independent of the DEVELOPER and the Claimant, not having any then -current business relationship with the DEVELOPER or Claimant, other than by virtue of being the Arbitrator. Upon selecting the Arbitrator, the DEVELOPER shall notify the Claimant of the name and address of the Arbitrator. 12.1.3 Within thirty (30) days after the DEVELOPER notifies the Claimant of the name and address of the Arbitrator, the Claimant and the DEVELOPER shall be permitted to provide the Arbitrator with any pertinent materials to assist the Arbitrator in rendering his findings. 12.1.4 Within sixty (60) days from the date of his appointment, the Arbitrator shall review the Claims and supporting materials, inspect the Common Area or other Properties in question, and all appropriate plans, specifications and other documents relating thereto, and render a report (the "Final Report") to the DEVELOPER and the Claimant setting forth, on an item by item basis, his findings with respect to the Claims and the method of correction of those he finds to be valid. If the DEVELOPER so requests, by written notice to the Arbitrator, the Arbitrator will specify the estimated cost of the correction of each of those Claims he finds to be valid and shall offset therefrom costs reasonably attributable to any ASSOCIATION failure to maintain or mitigate or to any contributory negligence, in all cases whether chargeable to the Claimant or others. At the request of the Claimant or DEVELOPER that a conference be held to discuss the Claims, such a conference shall be held, and the Arbitrator shall establish procedures, guidelines and ground rules for the holding of the conference. The Claimant and the DEVELOPER shall be entitled to representation by its attorney and any other expert at the conference. In the event such a conference is held, the sixty (60) day time period referenced in this subsection shall be extended as the Arbitrator deems warranted. At the conference, the Arbitrator shall notify the DEVELOPER and Claimant as to when the Final Report shall be issued. 12.1.5 The DEVELOPER shall have one hundred eighty (180) days after receipt of the Final Report in which to (i) correct the Claims found to be valid or (ii) pay to the Claimant the amount estimated by the Arbitrator to be the cost to correct same after the offset referred to in subsection 13.1.4 above. 12.1.6 As to those matters the DEVELOPER elects to correct, upon the completion of all corrective work the DEVELOPER will so notify the Arbitrator (with a copy of such notice to the Claimant) and the Arbitrator shall then inspect the corrected items and render a report (the "Remedial Report") to the DEVELOPER and the Claimant on whether those items have been corrected. Such procedure shall be repeated as often as necessary until all items have been corrected. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 31 12.1.7 For all purposes, the Final Report and Remedial Report of the Arbitrator will constitute binding and enforceable arbitration awards as defined in Section 682.09 of the Code and any party affected by such reports will have the right to seek the enforcement of same in a court of competent jurisdiction. Moreover, no party will have the right to seek separate judicial relief with respect to disputes as defined above, or to seek to vacate the aforementioned arbitration awards, except in accordance with the Code, and then only upon the specific grounds and in the specified manner for the vacation of such awards as established by Section 682.13 of the Code. 12.1.8 The Arbitrator shall not be liable to the ASSOCIATION, the Claimant or the DEVELOPER by virtue of the performance of his services hereunder, fraud and corruption excepted. 12.1.9 The procedures set forth above shall also be the sole means by which disputes as to ASSOCIATION finances (including, without limitation, the DEVELOPER's payment of assessments, deficit funding obligations, if any, the handling of reserves, if any, and the keeping of accounting records), except that the Arbitrator shall be a Certified Public Accountant who (i) is a member of Community Associations Institute and (ii) meets the independence test set forth above. 12.1.101n the event that there is any dispute as to the legal effect or validity of any of the Claims (e.g., as to standing, privity of contract, statute of limitations or laches, failure to maintain or mitigate, existence of duty, foreseeability, comparative negligence, the effect of disclaimers or the interpretation of this DECLARATION as it applies to the Claims), such dispute shall be submitted to arbitration, as herein provided, by an attorney in good standing with The Florida Bar chosen by the DEVELOPER, which arbitrator shall be independent of the DEVELOPER and the Claimant as set forth above. In such event, all time deadlines which cannot be met without the resolution of such disputed matters shall be suspended for such time as the arbitration provided for in this subsection continues until final resolution. 12.1.11No provision in this Section shall confer standing which is not otherwise available to a party under law. 12.2 Assignment of Rights and Duties to ASSOCIATION. The DEVELOPER may at any time assign and delegate to the ASSOCIATION all or any portion of the DEVELOPER's rights, title, interest, duties or obligations created by this DECLARATION. It is understood that the ASSOCIATION has been formed as a home owners association in order to effectuate the intent of the DEVELOPER for the proper development, operation and management of the Property. Wherever herein the DEVELOPER or the ASSOCIATION, or both, are given the right, the duty or the obligation to approve, enforce, waive, collect, sue, demand, give notice or take any other action or grant any relief or perform any task, such action may be taken by the DEVELOPER or the ASSOCIATION until such time as the DEVELOPER has recorded a Certificate of Termination of Interest in the Property. Thereafter, all rights, duties and obligations of the DEVELOPER shall be administered solely by the ASSOCIATION in accordance with procedures set forth herein and in the Governing Documents. 12.3 Certificate of Termination of Interest. Notwithstanding anything in this DECLARATION, the Articles or the Bylaws to the contrary, the DEVELOPER may, in its sole Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 32 discretion and at any time hereafter, elect to give up and terminate any and all rights reserved to the DEVELOPER in this DECLARATION, the Articles and the Bylaws. The rights relinquished shall include, but not be limited to, (1) the right to appoint any member of the BOARD; (2) the right to amend this DECLARATION, the Articles or the Bylaws; (3) the right to require its approval of any proposed amendment to this DECLARATION, the Articles or the Bylaws; and (4) all veto powers set forth in this DECLARATION. Such election shall be evidenced by the execution by the DEVELOPER and the recording in the Public Records of Okeechobee County, Florida, of an instrument entitled Certificate of Termination of Interest. Immediately upon the recording of such Certificate, and so long as the DEVELOPER does own at least one (1) Unit, the DEVELOPER shall become a MEMBER with no more rights or obligations in regards to BRIDGEWATER ON TAYLOR CREEK than those of any other OWNER of a Unit. The number of votes attributable to the DEVELOPER shall be calculated in accordance with the Governing Documents in the same manner as the number of votes would be calculated for any other OWNER. 12.4 Waiver. The failure of the DEVELOPER or the ASSOCIATION to insist upon the strict performance of any provision of this DECLARATION shall not be deemed to be a waiver of such provision unless the DEVELOPER or the ASSOCIATION has executed a written waiver of the provision. Any such written waiver of any provision of this DECLARATION by the DEVELOPER or the ASSOCIATION may be canceled or withdrawn at any time by the party giving the waiver. 12.5 Covenants to Run with the Title to the Land. This DECLARATION and the Covenants, as amended and supplemented from time to time as herein provided, shall be deemed to run with the title to the land, and shall remain in full force and effect until terminated in accordance with the provisions set out herein. 12.6 Term of this DECLARATION. All of the foregoing covenants, conditions, reservations and restrictions shall run with the land and continue and remain in full force and effect at all times as against all OWNERS, their successors, heirs or assigns, regardless of how the OWNERS acquire title, for a period of fifty (50) years from the date of this DECLARATION. After such fifty (50) year period these covenants, conditions, reservations and restrictions shall be automatically extended for successive periods of ten (10) years each, until a majority of the votes of the entire membership of the ASSOCIATION execute a written instrument declaring a termination of this DECLARATION. Any termination of this DECLARATION shall be effective on the date the instrument of termination is recorded in the Public Records of Okeechobee County, Florida, provided, however, that any such instrument, in order to be effective, must be approved in writing and signed by the DEVELOPER so long as the DEVELOPER owns any portion of the Property. 12.7 Amendments to DECLARATION, Articles or Bylaws of the ASSOCIATION. This DECLARATION, as well as the Articles or Bylaws of the ASSOCIATION, may be amended at any time upon the approval of at least two-thirds (2/3) of the MEMBERS as evidenced by the recordation of an amendatory instrument executed by the President and Secretary of the ASSOCIATION. As long as the DEVELOPER appoints a majority of the members of the BOARD, the DEVELOPER shall have the right to unilaterally amend this DECLARATION, the Articles or the Bylaws of the ASSOCIATION without the joinder or approval of any member of the BOARD or any MEMBER and no amendment to the Articles or Bylaws shall be effective Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 33 without the written approval of the DEVELOPER as long as the DEVELOPER owns any portion of the Property. 12.8 Disputes. In the event there is any dispute as to the interpretation of this DECLARATION or whether the use of the Property or any portion thereof complies with this DECLARATION, such dispute shall be referred to the BOARD. An OWNER may refer a final BOARD decision for mediation in accordance with Section 720.311, Florida Statutes. However, any use by the DEVELOPER and its successors, nominees and assigns of the Property shall be deemed a use which complies with this DECLARATION and shall not be subject to a determination to the contrary by the BOARD. 12.9 Governine Law. The construction, validity and enforcement of this DECLARATION shall be determined according to the laws of the State of Florida. The venue of any action or suit brought in connection with this DECLARATION shall be in Okeechobee County, Florida. 12.10 Invalidation. The invalidation of any provision or provisions of this DECLARATION by lawful court order shall not affect or modify any of the other provisions of this DECLARATION, which other provisions shall remain in full force and effect. 12.11 Usage. Whenever used herein, the singular number shall include the plural and the plural the singular, and the use of any gender shall include all genders. 12.12 Conflict. This DECLARATION shall take precedence over conflicting provisions in the Articles and Bylaws of the ASSOCIATION and the Articles shall take precedence over the Bylaws. 12.13 Notice. Any notice required to be sent to any MEMBER or OWNER under the provisions of this DECLARATION shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as MEMBER or OWNER on the records of the ASSOCIATION at the time of such mailing. 12.14 Priorities in Case of Conflict. In the event of conflict between or among the provisions of any of the following, the order of priorities shall be from highest priority to lowest: 12.14.1 Florida Statute §617.0302 12.14.2 Florida Statute §§720.301, et. seq. 12.14.3 Other Florida Statutes which apply. 12.14.4 This DECLARATION. 12.14.5 The Articles. 12.14.6 The By-laws. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 34 IN WITNESS WHEREOF, the DEVELOPER, B&T Fair Investments, Inc., a Florida corporation, has caused this instrument to be executed in its name as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF B&T Fair Investments, Inc. a Florida corporation By: Subarna Joshi, President The foregoing instrument was signed before me this day of , 2023 by Subarna Joshi, as President of B&T Fair Investments, Inc., a Florida corporation, on behalf of the Company, Physical Presence Online Notarization Personally Known Produced Identification Type of Identification (NOTARY SEAL) Notary Public --State of Florida Print Notary Name: My Commission Number is: My Commission Expires: Name: Typed, printed or stamped I am a Notary Public of the State of Florida Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 35 JOINDER AND CONSENT OF MORTGAGEE WAUCHULA STATE BANK, the holder of that certain Mortgage encumbering the Property, which instrument is dated April 14,2022, and is recorded as Official Records File # 2022005264, Public Records of Okeechobee County, Florida, and the holder of that certain Assignment of Rents encumbering the Property, which instrument is dated April 14, 2022, and is recorded as Official Records File # 2022005386, by execution hereof consents to the placing of these covenants and restrictions on the Property and further covenants and agrees that the lien of the Mortgage shall be and stand subordinate to such covenants and restrictions as if said covenants and restrictions had been executed and recorded prior to the recording of the Mortgage. Signed, sealed and delivered in the presence of: By: Print Witness Name: Print Name: Its: Print Witness Name: STATE OF COUNTY OF The foregoing instrument was acknowledged and subscribed before me ® in my physical presence or ❑ by online notarization by , in his/her capacity as of WAUCHULA STATE BANK, on behalf of the Bank, who ❑ is personally known to me or ® has produced as identification, and who did not take an oath. Name: Typed, printed or stamped Notary Public of the State of Florida (NOTARY SEAL) Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 36 SCHEDULE OF EXHIBITS EXHIBIT "A" Articles of Incorporation of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation EXHIBIT `B" By -Laws of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation EXHIBIT "C" Legal Description Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 37 850-817-8381 8/17/2023 12:45:40 PM PAGE 1/002 Fax Server of tatr::°" - �C�C� ;Irvartmrnt of Otatr I certify the attached is a true and correct copy of the Articles of Incorporation of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida corporation, filed on August 16, 2023, as shown by the records of this office. I further certify the document was electronically received under FAX audit number H23000285101. This certificate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below The document number of this corporation is N23000009901. Authentication Code: 323A00018984-081723-N23000009901-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Seventeenth day of August, 2023 Secretary of State 850-617-6381 8/17/2023 12:45:40 PM PAGE 2/002 Fax Server August 17, 2023 FLORMA DEPARTMENT OF STATE Division ofCorpomtions BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC 511 S PARROT AVE OKEECHOBEE, FL 34974US The Articles of Incorporation for BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC. were filed on August 16, 2023, and assigned document number N23000009901. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. To be official, the certification for a certified copy must be attached to the original document that was electronically submitted and filed under FAX audit number 923000285101. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. It is your responsibility to remember to file your annual report in a timely manner. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Apply today with the IRS online at: https://sa.www4.irs.gov/modiein/individual/index.jsp. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have questions regarding corporations, please contact this office at (850) 245-6052. Carlos E Rico Supervisor New Filings Section Division of Corporations Letter Number: 323A00018984 P.0 BOX 6327 - Tallahassee, Flonda 32314 H23000285101 ARTICLES OF INCORPORATION OF BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC. a Florida not -for -profit corporation ARTICLE I NAME AND ADDRESS 1. Name and Address. The name and address of the corporation is: CREEK BRIDGEWATER ON TAYLOR TOWNHOUSE ASSOCIATION, INC. (hereinafter referred to as the "ASSOCIATION"). The address of the corporation's principal office and mailing address is: 511 South Parrot Avenue, Okeechobee, FL 34974. ARTICLE 2 2. Definitions. Unless defined in these Articles or the Bylaws all terms used in the Articles and the Bylaws shall have the same meanings as used in the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWATER ON TAYLOR CREEK (the "Declaration"). ARTICLE 3 PURPOSE 3. Purpose. The purposes for which the ASSOCIATION is organized are as follows: 3.1 To operate as a corporation not -for -profit pursuant to Chapter 617, Florida Statutes, and as a homeowners' association pursuant to Chapter 720, Florida Statutes (2023). 3.2 To administer, enforce and carry out the terms and provisions of the Declaration as same may be amended or supplemented from time to time. 3.3 To administer, enforce and carry out the terms and provisions of any other Declaration of Covenants and Restrictions or similar document, submitting property to the jurisdiction of or assigning responsibilities, rights or duties to the ASSOCIATION and accepted by the Board of Directors of the ASSOCIATION (the "BOARD"). H23000285I0I Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page I H23000285101 3.4 To promote the health, safety, comfort and social and economic welfare of the MEMBERS of the ASSOCIATION and the OWNERS and Residents of Lots in BRIDGEWATER ON TAYLOR CREEK, as authorized by the Declaration, by these Articles, and by the Bylaws. 3.5 To operate, maintain and manage the surface water or storm water management system(s) in a manner consistent with the South Florida Water Management District permit applicable to BRIDGEWATER ON TAYLOR CREEK, a copy of which is attached to the Declaration as an Exhibit and made a part thereof, as well as all requirements and applicable District rules, and shall assist in the enforcement of the Declaration which relate to the surface water or storm water management system, as well as to levy and collect adequate assessments against MEMBERS of the ASSOCIATION for the costs of maintenance and operation of the surface water or stormwater management system(s) in a manner consistent with the South Florida Water Management District permit requirements and applicable District rules. ARTICLE 4 POWERS 4. Powers. The ASSOCIATION shall have the following powers: 4.1 All of the common law and statutory powers of a corporation not -for -profit and a homeowners' association under the laws of Florida, specifically, Chapters 617 and 720, Florida Statutes (2023), which are not in conflict with the terms of these Articles. 4.2 To sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person. 4.3 To enter into, make, establish and enforce, rules, regulations, Bylaws, covenants, restrictions and agreements to carry out the purposes of the ASSOCIATION. 4.4 To make and collect Assessments for Common Expenses from OWNERS to defray the costs, expenses, reserves and losses incurred or to be incurred by the ASSOCIATION and to use the proceeds thereof in the exercise of the ASSOCIATION'S powers and duties. 4.5 To own, purchase, sell, convey, mortgage, lease, administer, manage, operate, maintain, improve, repair and/or replace real and personal property. 4.6 To hold funds for the exclusive benefit of the MEMBERS of the ASSOCIATION as set forth in these Articles and as provided in the Declaration and the Bylaws. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 2 H23000285101 4.7 To purchase insurance for the protection of the ASSOCIATION, its officers, directors and MEMBERS, and such other parties as the ASSOCIATION may determine to be in the best interests of the ASSOCIATION. 4.8 To operate, maintain, repair, and improve all Common Areas and such other portions of BRIDGEWATER ON TAYLOR CREEK as may be determined by the BOARD from time to time. 4.9 To honor and perform under all contracts and agreements entered between third parties and the ASSOCIATION or third parties and the DEVELOPER which are assigned to the ASSOCIATION. 4.10 To exercise architectural control, either directly or through appointed committees, over all buildings, structures and improvements to be placed or constructed upon any portion of BRIDGEWATER ON TAYLOR CREEK. Such control shall be exercised pursuant to the Declaration. 4.11 To provide for private security, fire safety and protection, and similar functions and services within BRIDGEWATER ON TAYLOR CREEK as the BOARD in its discretion determines necessary or appropriate. 4.12 To provide, purchase, acquire, replace, improve, maintain and/or repair such buildings, structures, streets (to the extent not maintained by Martin County), pathways, and other structures, landscaping, paving and equipment, both real and personal, related to the health, safety and social welfare of the MEMBERS of the ASSOCIATION and the OWNERS and Residents of BRIDGEWATER ON TAYLOR CREEK as the BOARD in its discretion determines necessary or appropriate. 4.13 To employ personnel necessary to perform the obligations, services and duties required of or to be performed by the ASSOCIATION and/or to contract with others for the performance of such obligations, services and/or duties and to pay the cost thereof in accordance with whatever contractual arrangement the BOARD shall enter. 4.14 To operate, maintain and manage the surface water or stormwater management system(s) in a manner consistent with the South Florida Water Management District permit applicable to BRIDGEWATER ON TAYLOR CREEK, a copy of which is attached to the Declaration as an Exhibit and made a part thereof, as well as all requirements and applicable District rules, and shall assist in the enforcement of the Declaration which relate to the surface water or stormwater management system, as well as to levy and collect adequate assessments against MEMBERS of the ASSOCIATION for the costs of maintenance and operation of the surface water or stormwater management system(s) in a manner consistent with the South Florida Water Management District permit requirements and applicable District rules. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 3 H23000285101 ARTICLE 5 5.1 Membership. Except as is set forth in this Article 5, every Person who is a record titleholder of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the ASSOCIATION shall be a MEMBER of the ASSOCIATION, provided that any such Person which holds such interest merely as a security for the performance of any obligation shall not be a MEMBER. The DEVELOPER shall retain the rights of membership including, but not limited to, the Voting Rights, to all Lots owned by Persons not entitled to Membership as herein defined. 5.2 Transfer of Membership. Transfer of membership in the ASSOCIATION shall be established by the recording in the Public Records of Martin County, Florida of a deed or other instrument establishing a transfer of record title to any Lot for which membership has already been established. The OWNER designated by such instrument of conveyance thereby becomes a MEMBER, and the prior MEMBER's membership thereby is terminated. In the event of death of a MEMBER, his membership shall be automatically transferred to his heirs or successors in interest. Notwithstanding the foregoing, the ASSOCIATION shall not be obligated to recognize such a transfer of membership until such time as the ASSOCIATION receives a true copy of the recorded deed or other instrument establishing the transfer of ownership of the Lot, and shall be the responsibility and obligation of both the former and the new OWNER of the Lot to provide such true copy of said recorded instrument to the ASSOCIATION. 5.3 Prohibition Against Transfer. 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 Lot associated with the membership of that MEMBER, nor may a membership be separately assigned, hypothecated or transferred in any manner except as an appurtenance to the Lot. 5.4 Determination of Voting Rights. The ASSOCIATION shall have two (2) classes of membership: Class A. The Class A Member shall be all OWNERS with the exception of the DEVELOPER, and shall be entitled to one (1) vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Persons shall be MEMBERS. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the DEVELOPER and the DEVELOPER shall be entitled to three (3) votes for each Lot owned. The Class H23000285101 Articles of incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 4 H23000285101 B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occur earlier: (a) Three (3) months after ninety percent (90%) of all the Lots that will ultimately be operated by the ASSOCIATION have been conveyed to the Class A Membership (other than the DEVELOPER); or (b) At an earlier date at the sole discretion of the DEVELOPER; provided, however, Developer shall, at all times, comply with Section 720.307, Florida Statutes (2023) relative to transition and control. From and after the happening of these events, whichever occurs earlier, the Class B Members shall be deemed Class A Members entitled to one (1) vote for each Lot in which it holds the interest required under this Article. 5.5 Voting by CO -OWNERS. If the Lot associated with the membership of a MEMBER is owned by more than one person, the vote(s) of the MEMBER may be cast at any meeting by any CO-OWNER of the Lot. If when the vote(s) is (are) to be cast, a dispute arises between the CO -OWNERS as to how the vote(s) will be cast, they shall lose the right to cast their vote(s) on the matter being voted upon, but their vote(s) continue to be counted for purposes of determining the existence of a quorum. 5.6 Proxies. Every MEMBER entitled to vote at a meeting of the MEMBERS, or to express consent or dissent without a meeting, may authorize another person to act on the MEMBER'S behalf by a proxy signed by such MEMBER. Any proxy shall be delivered to the Secretary of the ASSOCIATION or the person acting as Secretary at the meeting, at or prior to the time designated in the order of business for so delivering such proxies. No proxy shall be valid after the expiration of ninety (90) days from the date of the meeting for which the proxy was given. Every proxy shall be revocable at any time at the pleasure of the MEMBER executing it. 5.7 Calculation of Votes. Any question concerning the number of votes which may be cast by a MEMBER shall be decided by the BOARD. ARTICLE 6 PERSONS SERVING ON THE BOARD 6.1 Persons Serving on the BOARD. The affairs of the ASSOCIATION shall be managed by a BOARD consisting of not less than three (3) persons, nor more than seven (7) persons, and which shall always be an odd number. The number of persons on the BOARD shall be determined in accordance with the Bylaws. In the absence of such determination, there shall be three (3) persons on the BOARD. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 5 H23000285101 6.2 Developer shall have the right to retain control of the ASSOCIATION as more particularly outlined in the Bylaws of the ASSOCIATION and in accordance with Section 720.307, Florida Statutes (2023), or until such earlier time as is determined by DEVELOPER, in DEVELOPER's sole discretion. DEVELOPER shall have the right to appoint all Class B Members of the BOARD and to otherwise govern the affairs of the ASSOCIATION in accordance with the Bylaws of the ASSOCIATION. The Class A Members appointment to the BOARD shall be at the times and by the procedures outlined in the Bylaws of the ASSOCIATION; provided, however, that such appointment shall at all times comply with Section 720.307, Florida Statutes, (2023); provided, further however, that DEVELOPER is entitled to elect at least one (1) member of the BOARD as long as DEVELOPER holds for sale in the ordinary course of business at least five percent (5.00%) of all the LOTS owned. 6.3 All of the duties and powers of the ASSOCIATION existing under Chapters 617 and 720, Florida Statutes (2023), the Declaration, these Articles and the Bylaws shall be exercised exclusively by the BOARD, its agents, contractors or employees, subject to approval by the MEMBERS only when specifically required. 6.4 A member of the BOARD may be removed and vacancies on the BOARD shall be filled in the manner provided by the Bylaws. However, any member of the BOARD appointed by the DEVELOPER may only be removed by the DEVELOPER, and any vacancy on the BOARD of a member appointed by the DEVELOPER shall be filled by the DEVELOPER. 6.5 The names and addresses of the members of the BOARD who shall hold office until their successors are elected or appointed, or until removed, are as follows: Thomas Chacko 511 South Parrot Avenue Okeechobee, FL 34974 Subarna Joshi 511 South Parrot Avenue Okeechobee, FL 34974 Sabbhu Shrestha Joshi 1208 SE 12" Drive Okeechobee, FL 34974 H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 6 H23000285101 ARTICLE 7 OFFICERS 7. Officers. The Officers of the ASSOCIATION shall be a President, Vice President, Secretary, Treasurer and such other officers as the BOARD may from time to time by resolution create. The Officers shall serve at the pleasure of the BOARD, and the Bylaws may provide for the removal from office of Officers, for filling vacancies, and for the duties of the Officers. The names of the Officers who shall serve until their successors are designated by the BOARD are as follows: President: Thomas Chacko Vice President: Subama Joshi Secretary: Sabbhu Shrestha Joshi Treasurer: Sabbhu Shrestha Joshi ARTICLE 8 INDEMNIFICATION 8. Indemnification of Officers. Members of the BOARD or Agents. The ASSOCIATION shall indemnify any Person who was or is a party or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a member of the BOARD, employee, Officer or agent of the ASSOCIATION, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the ASSOCIATION; and, with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; or matter as to which such Person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duty to the ASSOCIATION unless and only to the extent that the court in which such action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such Person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, in and 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 H23000285101 Articles of incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 7 R23000285101 opposed to, the best interest of the ASSOCIATION; and with respect to any criminal action or proceeding that he had no reasonable cause to believe that his conduct was unlawful. 8.1 To the extent that a member of the BOARD, Officer, employee or agent of the ASSOCIATION is entitled to indemnification by the ASSOCIATION in accordance with this Article 8, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonable incurred by him in connection therewith. 8.2 Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the ASSOCIATION in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the members of the BOARD, Officer, employee or agent of the ASSOCIATION to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the ASSOCIATION as authorized in this Article. 8.3 The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the laws of the State of Florida, any Bylaw, agreement, vote of MEMBERS or otherwise. As to action taken in an official capacity while holding office, the indemnification provided by this Article shall continue as to a Person who has ceased to be a member of the BOARD, Officer, employee, or agent of the ASSOCIATION and shall inure to the benefit of the heirs, executors and administrators of such a Person. 8.4 The ASSOCIATION shall have the power to purchase and maintain insurance on behalf of any Person who is or was a member of the BOARD, Officer, employee or agent of the ASSOCIATION, or is or was serving at the request of the ASSOCIATION as a member of the BOARD, Officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, as arising out of his status as such, whether or not the ASSOCIATION would have the power to indemnify him against such liability under the provisions of this Article. ARTICLE 9 BYLAWS 9. Initial Bylaws. The initial Bylaws shall be adopted by the BOARD, and may be altered, amended or rescinded in the manner provided by the Bylaws. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 8 H23000285101 ARTICLE 10 AMENDMENTS 10. Amendments. Amendments to these Articles shall be proposed and adopted in the following manner: 10.1 Ini iation. A resolution to amend these Articles may be proposed by a majority of the members of the BOARD, or by MEMBERS holding not less than ten percent (10%) of the votes of the entire membership of the ASSOCIATION. 10.2 Notice. 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. 10.3 Adoption of Amendments. 10.3.1 A resolution for the adoption of the proposed amendment shall be adopted by MEMBERS having not less than a majority of the votes of the entire membership of the ASSOCIATION. 10.3.2 Amendment of the Articles shall require the assent of two-thirds of the votes of the MEMBERS. 10.3.3 Upon the approval of an amendment to these Articles, Articles of Amendment shall be executed and delivered to the Department of State as provided by law, and a copy certified by the Department of State shall be recorded in the Public Records of Okeechobee County, Florida, as an amendment to the Declaration. ARTICLE 11 TERM 11. The ASSOCIATION shall have perpetual existence. If, for whatever reason, the ASSOCIATION is dissolved by the MEMBERS, any Common Area, expressly including, the operation and maintenance of the surface water or stormwater management system, shall be conveyed to an appropriate agency of the local government for control and maintenance purposes. If no agency of the local government will accept such conveyance and responsibility, such property must be conveyed to a not -for -profit corporation similar to the ASSOCIATION. Notwithstanding the above, in the event of termination, dissolution or final liquidation of the ASSOCIATION, the responsibility for the operation and maintenance of the surface water or stormwater management system must be transferred to and accepted by an entity which would comply with Section 40C-42.027, F.A.C., and be approved by the South Florida Water Management District prior to such termination, dissolution or liquidation. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 9 H23000285101 ARTICLE 12 INCORPORATOR 12. The name and street address of the Incorporator is: Kenneth A. Norman 2400 SE Federal Highway, Fourth Floor Stuart, FL 34994 ARTICLE 13 INITIAL REGISTERED OFFICE ADDRESS AND NAME OF INITIAL REGISTERED AGENT The street address of the initial registered office of the ASSOCIATION is 2400 SE Federal Highway, Fourth Floor, Stuart, Florida 34994. The initial Registered Agent of the ASSOCIATION at that address is Kenneth A. Norman. H23000285101 Articles of Incorporation of Bridgewater on Taylor Creek Townhouse Association, Inc. Page 10 H 23000285101 IN WITNESS WHEREOF. the Incorporator and the initial Registered Agent have executed these Articles. WITNI:SSF'S: I: � 1:Tt-1 A. NORMAN. Incorporator and Registered Agent STATE ur FLORIDA C'()UNTY OI: NAAWHN The Ioregoing instrument was acknowledged before tile this Ihth day ol':\ucu,t.'U? . by KI:NNF1'l I A. NORiMAN. who: [ \ I is personalty known to tile. and who (lid not take un oath. KAREN L. MCOHEE MY COMMISSION f HH 379900 EXPIRES: APOI 6.2027 (NOTARY Sl:i\I.) Natlle: Typed. printed or stamped I am a Notary Public ofthe State olTlorida baring it commission number ol, and Illy commission expires: 1123000285101 Articles orincm1wratim or Briil_e%\ater on Tav[or Creek'ro%%nhouse Association. Inc. I I H23000285101 CERTIFICATE DESIGNATING REGISTERED AGENT FOR THE SERVICE OF PROCESS WITHIN THIS STATE, Pursuant to Chapter 48. Florida Statutes. the f011owin" is submitted in compliance with said Act: BRIDGEWATIT ON TAYI.Ott CRf:1 K'I'O1\'NI IC)L1Sf. \SSUCIA'1'ION. INC., desiring to or�igani-r_e as it nut-tier-prolit corporation tinder the laws ol'thc State offlorida with its registered oPtice to 2400 tile: Federal I li;"IlWay. fourth 11001'. Stuart. 1:1. '1 4994. located at the above registered oft -ice. as its Registered Agent to accept service of process within this state. ACKNOWL.EDGMEN'r: Ilaving been named to accept service of* I: desiunuted in this Certilicate. I herebv atoree to at with the provisions ol'said Act relative to kcepin; Dated: August 16. 2023 H23000285101 Articles of Inc Bridgewater on Taylor C'rcek BYLAWS OF BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC. a Florida not -for -profit corporation 1. General. 1.1 Identi . These are the Bylaws of BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., (the "ASSOCIATION"), a Florida not -for - profit corporation and homeowners' association formed under the laws of the State of Florida. The ASSOCIATION has been organized for the purposes stated in the Articles of Incorporation (the "Articles"), and the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWATER ON TAYLOR CREEK (the "Declaration"). The ASSOCIATION shall have all of the powers provided in these Bylaws, the Articles, the Declaration (collectively, the "Governing Documents"), and any other statute or law of the State of Florida or any other power incident to any of the above powers. 1.2 Principal Office. The principal office of the ASSOCIATION shall be at such place as the BOARD may determine from time to time. 1.3 Fiscal Year. The fiscal year of the ASSOCIATION shall be the calendar year. 1.4 Seal. The seal of the ASSOCIATION shall have inscribed upon it "BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC. ", the year "year of incorporation" and the words "Corporation Not -For -Profit". The seal may be used by causing it, or a facsimile thereof, to be impressed, affixed or otherwise reproduced upon any instrument or document executed in the name of the ASSOCIATION. 1.5 Inspection of Books and Records. The records of the ASSOCIATION shall be open to inspection by any MEMBER of the ASSOCIATION, upon request, during normal business hours or under other reasonable circumstances. The records of the ASSOCIATION shall include current copies of the Declaration, the Articles, the Bylaws, any Rules and Regulations of the ASSOCIATION, any contracts entered into by the ASSOCIATION, and the books, records and financial statements of the ASSOCIATION. The ASSOCIATION shall be required to make available to perspective purchasers of any Lot, current copies of the Governing Documents, the most recent annual financial statement of the ASSOCIATION and any further records as may be required by Chapter 720, Florida Statutes. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 1 1.6 Definitions. Unless the context otherwise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Declaration and the Articles. 2. Membership in General. 2.1 Qualification. The qualification of MEMBERS, the manner of their admission to membership, changes in membership, and the termination of such membership, shall be as set forth in the Declaration and the Articles. 2.2 MEMBER Re ister. The Secretary of the ASSOCIATION shall maintain a register in the office of the ASSOCIATION showing the names and addresses of the MEMBERS of the ASSOCIATION. Each MEMBER shall at all times advise the Secretary of any change of address of the MEMBER or of any change of ownership of the MEMBER's Lot. The ASSOCIATION shall not be responsible for reflecting any changes until notified of such change in writing. 3. Membership Voting. 3.1 Majority Vote. The acts approved by a majority of the votes present in person or by proxy at a meeting at which a quorum is present, shall be binding upon all MEMBERS for all purposes, except where otherwise provided by law or in the Governing Documents. 3.2 Determination of Voting Rights. The ASSOCIATION shall have two (2) classes of membership: Class A. Class A Members shall be all OWNERS with the exception of the DEVELOPER, and shall be entitled to one (1) vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Persons shall be MEMBERS. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the DEVELOPER and the DEVELOPER shall be entitled to three (3) votes for each Lot owned. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occur earlier: (a) Three (3) months after ninety percent (90%) of all the Lots that will ultimately be operated by the ASSOCIATION have been conveyed to the Class A Membership (other than the DEVELOPER); or (b) At an earlier date at the sole discretion of the DEVELOPER; provided, however, Developer shall, at all times, comply with Section 720.307, Florida Statutes (2023) relative to transition and control. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 2 From and after the happening of these events, whichever occur earlier, the Class B Members shall be deemed Class A Members entitled to one (1) vote for each Lot in which it holds the interest required under this Article; provided, however, that such appointment shall at all times comply with Section 720.307, Florida Statutes(2023); provided, further however, that DEVELOPER is entitled to elect at least one (i) member of the BOARD as long as DEVELOPER holds for sale in the ordinary course of business at least five percent (5.00%) of all the LOTS owned. 3.3 Voting by CO -OWNERS. If the Lot associated with the membership of a MEMBER is owned by more than one individual or by an entity, the vote(s) of the MEMBER may be cast at any meeting by any CO-OWNER of the Lot. If when the vote(s) is (are) to be cast, a dispute arises between the CO -OWNERS as to how the vote(s) will be cast, they shall lose the right to cast their vote(s) on the matter being voted upon, but their vote(s) shall continue to be counted for purposes of determining the existence of a quorum. 3.4 Proxies. Every MEMBER entitled to vote at a meeting of the MEMBERS, or to express consent or dissent without a meeting, may authorize another Person to act on the MEMBER's behalf by a proxy signed by such MEMBER. Any proxy shall be delivered to the Secretary of the ASSOCIATION or the Person acting as Secretary at the meeting, at or prior to the time designated in the order of business for so delivering such proxies. The proxy shall be dated, and shall state the date, time and place of the meeting for which it is given, and shall be signed by the authorized person giving the proxy. No proxy shall be valid after the expiration of ninety (90) days from the date of the meeting for which it was originally given. Every proxy shall be revocable at any time at the pleasure of the MEMBER executing it. 3.5 Calculation of Votes. Any question concerning the number of votes which may be cast by a MEMBER shall be decided by the BOARD. 4. Membership Meetings. 4.1 Who May Attend. Any Person entitled to cast the votes of the MEMBER, and in the event any Lot is owned by more than one Person, all CO -OWNERS of the Lot may attend any meeting of the MEMBERS. However, the votes of any MEMBER shall be cast in accordance with the provisions of Section 3 above. Any Person not expressly authorized to attend a meeting of the MEMBERS, as set forth above, may be excluded from any meeting of the MEMBERS by the presiding officer of the meeting. 4.2 Place. All meetings of the MEMBERS shall be held at the principal office of the ASSOCIATION or at any other location as designated by the BOARD and stated in the notice of meeting. 4.3 Quorum Requirements. Except as set forth hereinafter or unless otherwise so provided, at any regular or special meeting of the MEMBERS, the presence in person or by proxy of MEMBERS entitled to cast thirty (30%) percent of the votes of the entire membership at the time of such vote shall constitute a quorum. If any meeting of the MEMBERS cannot be organized because a quorum is not present, a majority of the votes of the MEMBERS present, Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 3 either in person or by proxy, may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called, at which meeting the quorum requirement shall be the presence in person or by proxy of MEMBERS holding at least twenty-five percent (25%) of the votes of the entire membership. Such an adjourned meeting may be held without notice thereof as provided in subsection 4.4, provided that notice is given by announcement at the meeting at which such adjournment is taken. If a meeting of MEMBERS is adjourned for more than thirty (30) days from the originally scheduled meeting date, or if the MEMBERS adjourn a meeting without specifying a date for holding the adjourned meeting, the quorum and notice requirements for the holding of such adjourned meeting shall then be the same as the notice and quorum requirements prescribed for special meetings. 4.4 Notices. Written notice stating the location, day and hour of any meeting and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be mailed, delivered or electronically transmitted to each MEMBER not less than five (5) nor more than sixty (60) days before the date of the meeting, by or at the direction of the President, the Secretary, or the Officer or persons calling the meeting. The notice may set forth time limits for speakers and nominating procedures for the meeting. The notice of any meeting at which members of the BOARD are to be elected shall include the names of all those who are nominees at the time the notice is given to the MEMBERS. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail, addressed to the MEMBER at the MEMBER'S address as it appears on the records of the ASSOCIATION, unless such MEMBER shall have filed a written request with the Secretary of the ASSOCIATION stating that notices to him be mailed to some other address. All notices shall be dated and shall be mailed, delivered or electronically transmitted to the MEMBERS as soon after the date of the notice as is practical. The date of the notice shall be the date used for the purpose of determining MEMBERS entitled to notice of, or to vote at, any meeting of the MEMBERS of the ASSOCIATION, or in order to make a determination of the MEMBERS for any other purpose. The BOARD shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. If the Lot of a MEMBER is owned by more than one Person, only one notice shall be required to be sent with respect to the MEMBER, which shall be made to the person designated in the records of the ASSOCIATION. 4.5 Waiver of Notice. Whenever any notice is required to be given to any MEMBER under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver in writing signed by the Person or Persons entitled to such notice whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a MEMBER at a meeting shall constitute a waiver of notice of such meeting except when the MEMBER objects at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened. 4.6 Annual Meeting. The annual meeting for the purpose of electing members of the BOARD and transacting any other business shall be held at 7:00 p.m. on the first Monday in February or at such other time during the first quarter of a calendar year as shall be selected by the BOARD. If the BOARD fails to call the annual meeting during the first quarter of a calendar year, then within thirty (30) days after the written request of any MEMBER, Officer or member of the BOARD of the ASSOCIATION, the Secretary shall call the annual meeting. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 4 4.7 Special Meetings. Special meetings of the MEMBERS may be requested by written notice to the Secretary by any member of the BOARD, the President, or any MEMBERS having not less than ten percent (10%) of the votes of the entire membership, or as otherwise provided by law. Such request shall state the purpose of the proposed meeting. Business transacted at all special meetings shall be confined to the subjects stated in the notice of meeting. Notice of any special meeting shall be given in accordance with subsection 4.3 to all of the MEMBERS within thirty (30) days after a special meeting is duly requested. 4.8 Adjournments. Any meeting may be adjourned or continued by a majority of the votes present at the meeting in person or by proxy, regardless of a quorum, or if no MEMBER entitled to vote is present at a meeting, then any Officer of the ASSOCIATION may adjourn the meeting. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjourned meeting, if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and any business may be transacted at the adjourned meeting that might have been transacted at the original meeting. If the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, notice of the adjourned meeting may be given to MEMBERS not present at the original meeting, without giving notice to the MEMBERS who were present at such meeting. 4.9 Organization. At each meeting of the MEMBERS, the President, or in his absence, the Vice President shall act as chairman of the meeting. The Secretary, or in his absence or inability to act, any person appointed by the chairman of the meeting shall act as Secretary of the meeting. 4.10 Minutes. The minutes of all meetings of the MEMBERS shall be kept in a book available for inspection by the MEMBERS or their authorized representatives, and the members of the BOARD, at any reasonable time. 4.11 Actions Without a Meetin¢. While the DEVELOPER is in control of the Association, any action required or permitted to be taken at any annual or special meeting of the 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 having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all MEMBERS entitled to vote thereon were present and voted. Within ten (10) days after obtaining such authorization by written consent, notice shall be given to those MEMBERS who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. If the Lot(s) for which membership is established in the ASSOCIATION is owned by more than one Person or by an entity, the consent for such Lot(s) need only be signed by one Person who would be entitled to cast the vote(s) for the Lot(s). 5. BOARD. 5.1 Number of Members of the BOARD. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 5 5.1.1 The affairs of the ASSOCIATION shall be managed by a BOARD comprised of three (3) nor more than seven (7) members. So long as the DEVELOPER is entitled to appoint all members of the BOARD pursuant to the Articles, the number of members of the BOARD will be determined, and may be changed from time to time, by the DEVELOPER by written notice to the BOARD. In the absence of such notification, there shall be three (3) members of the BOARD. 5.1.2 When the DEVELOPER is no longer entitled to appoint all members of the BOARD, the number of members of the BOARD shall be increased to at least five (5). 5.1.3 Notwithstanding the foregoing, in no event shall there be less than three (3) members of the BOARD, and the number of members of the BOARD shall always be an odd number. The MEMBERS shall not have the right to change the number of members of the BOARD so long as the DEVELOPER has the right to determine the number of members of the BOARD as set forth above. 5.2 Election of Members of the BOARD. Election to the BOARD by the MEMBERS of the ASSOCIATION shall be conducted in the following manner: 5.2.1 At any time after the DEVELOPER no longer has the right to appoint one or more members of the BOARD or upon the earlier voluntary relinquishment by the DEVELOPER of its right to appoint any of all members of the BOARD, the existing BOARD shall appoint a nominating committee composed of MEMBERS. The BOARD shall send a notice to all MEMBERS advising of the impending election of members to the BOARD, the names and addresses of members of the nominating committee, and the date the committee will make decisions concerning nominations for election to the BOARD, which date shall be no less than fifteen (15) days after the date of the notice. MEMBERS may then submit names in writing of proposed members of the BOARD to members of the nominating committee. 5.2.2 The nominating committee shall make as many nominations for election to the BOARD as it shall in its discretion determine, but not less than the number of vacancies that are to be filled (see subsection 5.1.2). Such nominations may be made from among MEMBERS or nonmembers as the committee in its discretion shall determine. Nominations shall be placed on a written ballot provided in subsection 5.2.3 for the mailing of such ballots to the MEMBERS. shall: 5.2.3 All elections to the BOARD shall be made by written ballot which (a) indicate the number of vacancies to be filled; (b) set forth the names of those nominated by the nominating committee; Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 6 MEMBERS; and (c) contain a space for write-in vote by the (d) contain a requirement that the MEMBER must cast the same number of votes as the number of vacancies on the BOARD. For example, if the MEMBER has one (1) vote, there are five (5) nominees and three (3) vacancies, the MEMBER must vote for no more and no less than three (3) nominees or the ballot will not be counted. If the MEMBER is entitled to, for instance, five (5) votes, in the example in the previous sentence, the MEMBER must vote his five (5) votes as a block for no more and no less than three (3) nominees or the ballot will not be counted. That is, three (3) nominees on that ballot will receive exactly five (5) votes each. Such ballots shall be prepared and mailed by the Secretary to the MEMBERS at least fourteen (14) days in advance of the date set forth therein for a return (which shall be a date not later than the day before the annual meeting). The Secretary shall include with the ballot a brief summary and description of each Person nominated by the BOARD. 5.2.4 The completed ballot shall be returned as follows: (a) Each ballot shall be placed in a sealed envelope which shall bear on its face the name and signature of the MEMBER or his proxy, the number of votes of that MEMBER, and such other information as the BOARD may determine will serve to establish his right to cast the vote or votes presented in the ballot or ballots contained therein. The ballots shall be returned to the Secretary at the address of the ASSOCIATION. 5.2.5 Upon receipt of each return, the Secretary shall immediately place it in a safe or other locked place until the day set for the return of all ballots. On that day the envelopes containing the ballot(s) shall be turned over, unopened, to a separate Election Committee which shall consist of three (3) Persons appointed by the BOARD. The Election Committee shall then adopt a procedure which shall: (a) establish that the number of votes set forth on the envelope and on the ballot corresponds to the number of votes allowed to the MEMBER or his proxy; and (b) that the signature of the MEMBER or his proxy on the outside envelope is genuine; and (c) if the vote is by proxy that a proxy has been filed with the Secretary as provided herein, and that such proxy is valid. The Election Committee shall proceed to the opening of the envelopes and the counting of the votes. The Election Committee shall immediately send written notice to all MEMBERS advising of the results of the election. The ballots and the outside envelopes shall be returned to the Secretary to be kept in a safe or other locked place for a minimum of thirty (30) days. If no Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 7 MEMBER requests a review of the procedures and vote within said thirty (30) days, the ballots and outside envelopes shall be destroyed. 5.3 Term of Office. On the first occasion that the MEMBERS, other than the DEVELOPER, have the opportunity to elect any members of the BOARD, the MEMBERS shall have the right to elect at least two (2) members of the BOARD. The term of office of the member of the BOARD receiving the highest number of votes shall be two (2) years and the term of office of the member(s) of the BOARD receiving the next highest number of votes shall be one (1) year. Each member of the BOARD shall hold office until his successor has been elected or until his death, resignation, removal or judicial adjudication of mental incompetence. Just prior to each annual meeting thereafter, new members of the BOARD shall be elected to fill vacancies created by the death, resignation, removal, judicial adjudication of mental incompetence or expiration of the terms of past members of the BOARD and the term of each such member of the BOARD shall be two (2) years. On the first occasion that the MEMBERS, other than the DEVELOPER, have the opportunity to elect all members of the BOARD, the new members of the BOARD shall be elected to replace the members of the BOARD appointed by the DEVELOPER as provided in these Bylaws. The term of office of the two (2) members of the BOARD receiving the highest number of votes shall be two (2) years and the term of office of the other member of the BOARD shall be one (1) year. It is the intention of this provision to create staggered terns so that at least one-third (1 /3) of the members of the BOARD shall be elected each year. The term of office of each member of the BOARD elected to fill a vacancy created by the expiration of the term of office of the respective past member of the BOARD shall be two (2) years. The term of office of each member of the BOARD elected or appointed to fill a vacancy created by the resignation, death or removal of his predecessor shall be the balance of the unserved term of his predecessor. Any Person serving as a member of the BOARD may be re-elected, and there shall be no limitation on the number of terms during which he may serve. 5.4 Organizational Meeting. The newly elected BOARD shall meet for the purposes of organization, the election of officers and the transaction of other business immediately after their election or within ten (10) days of same at such place and time as shall be fixed by the members of the BOARD, and no further notice of the organizational meeting shall be necessary. 5.5 Regular Meetings. Regular meetings of the BOARD may be held at such time and place as shall be determined, from time to time, by a majority of the members of the BOARD. 5.6 Special Meetings. Special meetings of the BOARD may be called by any member the BOARD, or by the President if not otherwise a member of the BOARD, at any time. 5.7 BOARD Action Without a Meetin .While the Association is under the control of the DEVELOPER, any action required to be taken at a meeting of the members of the BOARD, or any action which may be taken at a meeting of the members of the BOARD, may be Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 8 taken without a meeting if a consent in writing setting forth the action so to be taken is signed by all members of the BOARD and is filed in the minutes of the proceedings of the BOARD. Such consent shall have the same effect as a unanimous vote. 5.8 Notice of Meetings. Notice of each meeting of the BOARD shall be given by the Secretary, or by any other officer or member of the BOARD, stating the day, location and time of the meeting. Notices of all BOARD meetings shall be posted in a conspicuous place in Bridgewater on Taylor Creek at least forty-eight (48) hours in advance of such meeting, except in case of emergency. Alternatively, notice of each meeting of the BOARD shall be mailed or delivered to each MEMBER at least seven (7) days before the meeting of the BOARD, except in case of emergency. Notice of such meeting shall be delivered to each member of the BOARD either personally or by telephone or e-mail, at least forty-eight (48) hours before the time at which such meeting is to be held, or by first class mail, postage prepaid, at least seven (7) days before the day on which such meeting is to be held. Notice of a meeting of the BOARD need not be given to any member of the BOARD who signs a waiver of notice either before or after the meeting. Attendance of a member of the BOARD at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place, the time or the manner in which the meeting has been called or convened, except when a member of the BOARD states, at the beginning of the meeting, an objection to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the BOARD need be specified in any notice or waiver of notice of such meeting. 5.9 Attendance at BOARD Meetings. All meetings of the BOARD shall be open to all MEMBERS. A member of the BOARD may appear at a BOARD meeting by telephone conference, but in that event a telephone speaker shall be attached so that any discussion may be heard by the members of the BOARD and any MEMBERS present as in an open meeting. 5.10 Quorum and Manner of Acting. A majority of the BOARD shall constitute a quorum for the transaction of any business at a meeting of the BOARD. The act of the majority of the members of the BOARD present at a meeting at which a quorum is present shall be the act of the BOARD unless the act of a greater number of members of the BOARD is required by statute or the Governing Documents. 5.11 Adjourned Meetings. A majority of the members of the BOARD present at a meeting, whether or not a quorum exists, may adjourn any meeting of the BOARD to another location and time. Notice of any such adjourned meeting shall be given to the members of the BOARD who are not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other members of the BOARD. Any business that might have been transacted at the meeting as originally called may be transacted at any adjourned meeting without further notice. 5.12 Presiding Officer. The presiding officer of the meetings of the BOARD shall be the Chairman of the BOARD if such an officer is elected; and if none, the President of the ASSOCIATION shall preside if the President is a member of the BOARD. In the absence of Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 9 the presiding officer, the members of the BOARD shall designate one of their members to preside. 5.13 Minutes of Meetings. The minutes of all meetings of the BOARD shall be kept in a book available for inspection by the MEMBERS or members of the BOARD. 5.14 Committees. The BOARD may by resolution appoint committees. Any committee may exercise such powers, duties and functions as may be determined by the BOARD which may include any powers which may be exercised by the BOARD. 5.15 Resignation. Any member of the BOARD may resign at any time by giving written notice of his resignation to the Secretary. Any resignation shall take effect at the time specified therein or, if the time when such resignation is to become effective is not specified therein, immediately upon its receipt. Unless otherwise specified therein, the acceptance of a resignation shall not be necessary to make it effective. 5.16 Removal of Members of the BOARD. Members of the BOARD may be removed as follows: 5.16.1 Any member of the BOARD other than a member appointed by the DEVELOPER may be removed by majority vote of the remaining members of the BOARD if such member has been absent for the last three consecutive BOARD meetings, and/or adjournments and continuances of such meetings. 5.16.2 Any member of the BOARD other than a member appointed by the DEVELOPER may be removed with or without cause by a majority of the votes the MEMBERS cast at a special meeting of the MEMBERS called by MEMBERS having not less than twenty-five percent (25%) of the votes of the entire membership expressly for that purpose. The vacancy on the BOARD caused by any such removal may be filled by the MEMBERS at such meeting or, if the MEMBERS shall fail to fill such vacancy, by the BOARD as in the case of any other vacancy on the BOARD. Any member of the BOARD may also be recalled by an agreement in writing or a written ballot without a membership meeting as provided in Section 720.303, Florida Statutes. 5.17 Vacancies. Vacancies on the BOARD of any member of the BOARD appointed by the DEVELOPER shall be filled by appointment by the DEVELOPER. Unless the vacancy is filled by the MEMBERS in accordance with subsection 5.16.2, vacancies on the BOARD of any member of the BOARD elected by MEMBERS may be filled by a majority vote of the members of the BOARD then in office, though less than a quorum, or by a sole remaining member of the BOARD. If there are no members of the BOARD in office, then a special election shall be held to elect members of the BOARD to till the vacancies. 5.18 Members of the BOARD Appointed by the DEVELOPER. Notwithstanding anything contained herein to the contrary, the DEVELOPER shall always have the right to appoint the maximum number of members of the BOARD in accordance with the privileges granted to the DEVELOPER pursuant to the Articles; provided, however, that such Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 10 appointment shall at all times comply with Section 720.307, Florida Statutes, (2023); provided, further however, that DEVELOPER shall always be entitled to elect at least one (1) member of the BOARD as long as DEVELOPER holds for sale in the ordinary course of business at least five percent (5.00%) of all the LOTS owned. All members of the BOARD appointed by the DEVELOPER shall serve at the pleasure of the DEVELOPER, and the DEVELOPER shall have the absolute right, at any time, and in its sole discretion, to remove any member of the BOARD appointed by him, and to replace such member with another Person to serve on the BOARD. Replacement of any member of the BOARD appointed by the DEVELOPER shall be made by written notice to the ASSOCIATION which shall specify the name of the Person designated as successor member of the BOARD. The removal of any member of the BOARD and the designation of his successor by the DEVELOPER shall become effective immediately upon delivery of such written notice by the DEVELOPER. The DEVELOPER may waive its right to appoint one or more members of the BOARD which it has the right to appoint at any time upon written notice to the ASSOCIATION, and thereafter such member(s) of the BOARD shall be elected by the MEMBERS. 5.19 Compensation. The BOARD shall not be entitled to any compensation unless the MEMBERS elect to pay them compensation and set the amount of such compensation, at any meeting of the MEMBERS. 5.20 Power and Duties. The BOARD shall have the right to exercise all of the powers and duties of the ASSOCIATION, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. Such powers and duties of the BOARD shall include without limitation (except as limited elsewhere herein), the following: 5.20.1 The operation, care, upkeep and maintenance of the Common Areas, and any other portion of Bridgewater on Taylor Creek determined to be maintained by the ASSOCIATION. 5.20.2 The determination of the expenses required for the operation of the ASSOCIATION. 5.20.3 The collection of Assessments for Common Expenses from MEMBERS required to pay same. 5.20.4 The employment and dismissal of personnel. 5.20.5 The adoption and amendment of Rules and Regulations covering the details of the operation and use of property owned and/or maintained by the ASSOCIATION. 5.20.6 Maintaining bank accounts on behalf of the ASSOCIATION and designating signatories required therefor. 5.20.7 Obtaining and reviewing insurance for property owned and/or maintained by the ASSOCIATION. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 11 5.20.8 The making of repairs, additions and improvements to, or alterations of, property owned and/or maintained by the ASSOCIATION. 5.20.9 Borrowing money an behalf of the ASSOCIATION provided however, that the consent of the MEMBERS having at least two-thirds (2/3) of the votes of the entire membership, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these Bylaws, shall be required for the borrowing of any sum in excess of $50,000.00. 5.20.10 Contracting for the management and maintenance of property owned and/or maintained by the ASSOCIATION. Authorizing a management agent or company 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 Areas 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 all Governing Documents, including but not limited to, the making of Assessments, promulgation of rules, and execution of contracts on behalf of the ASSOCIATION. 5.20.11 Exercising all powers specifically set forth in the Governing Documents, and as otherwise provided by statute or law, and all powers incidental thereto or implied therefrom. 5.20.12 Entering into and upon any portion of the Property, including the Lot(s), when necessary to maintain, care and preserve any property in the event the respective OWNER fails to do so. 5.20.13 Collecting delinquent Assessments by suit or otherwise, abating nuisances, and enjoining or seeking damages from the MEMBERS and/or OWNERS for violations of these Bylaws and the terms and conditions of the Declaration or of the Rules and Regulations of the ASSOCIATION. 5.20.14 Acquiring and entering into agreements whereby the ASSOCIATION acquires leaseholds, memberships, and other possessory or use interests in lands or facilities, whether or not contiguous to the lands operated by the ASSOCIATION, intended to provide for the enjoyment, recreation, or other use and benefit of the MEMBERS and/or OWNERS and declaring expenses in connection therewith to be Common Expenses; all in such form and in such manner as may be deemed by the BOARD to be in the best interest of the ASSOCIATION; and the participation in the acquisition of any interest in lands or facilities for the foregoing purposes may be direct or indirect, meaning, without limiting the generality of the foregoing, by direct ownership of land or acquisition of stock in a corporation owning land. 6. Officers. 6.1 Positions and Qualifications. The Officers of the ASSOCIATION shall include a President, a Vice President, a Treasurer and a Secretary, all of whom shall be elected Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 12 by the BOARD and may be preemptively removed from office with or without cause by vote of the BOARD at any meeting by concurrence of a majority of the members of the BOARD. Any Person may hold two or more offices except that the President shall not also be the Secretary. The BOARD may, from time to time, elect such other officers and designate their powers and duties as the BOARD shall find to be appropriate to manage the affairs of the ASSOCIATION. Each Officer shall hold office until his successor shall have been elected, qualified, or until his death, resignation, or removal. 6.2 Resignation. Any Officer of the ASSOCIATION may resign at any time by giving written notice of his resignation to any member of the BOARD, the President or the Secretary. Any resignation shall take effect at the time specified therein, or if there is no time specified therein, immediately upon its receipt; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation effective. 6.3 Vacancies. A vacancy in any office, whether arising from death, resignation, removal or any other cause may be filled for the unexpired portion of the term of the office which shall be vacant in the manner prescribed in these Bylaws for the regular election or appointment of such office. 6.4 The President. The President shall be the chief executive officer of the ASSOCIATION. He shall have all of the powers and duties which are usually vested in the office of president of an association or corporation including, but not limited to, the power to appoint committees to assist in the conduct of the affairs of the ASSOCIATION. 6.5 The Vice President. The Vice President shall, in the absence or disability of the President, exercise the powers and perform the duties of the President. He shall also assist the President generally and exercise such other powers and perform such other duties as may be prescribed by the BOARD. 6.6 The Secretary. The Secretary shall be responsible for preparing and keeping the minutes of all proceedings of the BOARD and the MEMBERS. He shall be responsible for attending to the giving and serving of all notices to the MEMBERS and the members of the BOARD and other notices required by law. He shall have custody of the seal of the ASSOCIATION and affix the same to instruments requiring a seal. He shall keep the records of the ASSOCIATION, except those of the Treasurer, and shall perform or direct performance of all other duties incident to the office of Secretary of the ASSOCIATION, and as may be required by the BOARD or the President. 6.7 The Treasurer. The Treasurer shall have custody of all property of the ASSOCIATION, including funds, securities, and evidences of indebtedness. He shall oversee the keeping of books of account for the ASSOCIATION in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the BOARD for examination at reasonable times. He shall cause a Treasurer's Report to be submitted to the BOARD at reasonable intervals and shall perform or cause to be performed all other duties incident to the office of Treasurer. He shall collect, or direct collection of, all Assessments and shall report promptly to the BOARD the status of collections. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 13 6.8 Compensation. The Officers of the ASSOCIATION shall not be entitled to compensation unless the BOARD specifically votes to compensate them. However, neither this provision, nor the provision that members of the BOARD will not be compensated unless otherwise determined by the MEMBERS, shall preclude the BOARD from employing a member of the BOARD or an Officer as an employee of the ASSOCIATION and compensating such employee, nor shall they preclude the ASSOCIATION from contracting with a member of the BOARD for the management of the Common Property or any portion thereof, or for the provision of services to the ASSOCIATION, including, but not limited to, engineering, architectural, planning, landscape planning, accounting or legal services, and in either such event to pay such member of the BOARD a reasonable fee for such management or provision of services. 7. Finances and Assessments. 7.1 Adoption of the Budget. 7.1.1 By October 31 st of each year, or as soon thereafter as is reasonably possible, the BOARD shall adopt a budget for the next fiscal year, necessary to defray the Common Expenses of the ASSOCIATION for such fiscal year as set out in the Declaration. The Common Expenses of the ASSOCIATION shall include all expenses of any kind or nature whatsoever anticipated to be incurred, by the ASSOCIATION for the next fiscal year. In the event the BOARD fails to adopt an annual budget for any year, the prior year's budget shall remain in effect until a new budget is adopted or the existing budget is amended or revised. 7.1.2 If, after the adoption of any budget, it shall appear that the adopted budget is insufficient to provide adequate funds to defray the Common Expenses of the ASSOCIATION for the fiscal year in which the adopted budget applies, the BOARD may adopt an amended budget to provide such funds. All of the above provisions shall apply to the adoption of an amended budget. 7.2 Assessments and Assessment Roll. 7.2.1 Pursuant to the terms of the Declaration, the BOARD shall fix and determine the amount and frequency of the MEMBERS' Assessments for Common Expenses. Such Assessments shall be due not more frequently than monthly, and shall each be in an amount no less than required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. Any periodic Assessments for Common Expenses, whether quarterly, monthly, or otherwise, shall be equal unless the BOARD determines unequal Assessments are required to provide funds in advance for the expenses of the ASSOCIATION. As soon as practicable after the determination of the Assessments for Common Expenses, the ASSOCIATION shall notify each MEMBER, in writing, of the amount, frequency and due date of such MEMBERS' Assessments, provided, however, that no Assessment shall be due in less than ten (10) days from the date of such notification. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 14 7.2.2 In the event the expenditure of funds by the ASSOCIATION is required that cannot be paid from the Assessments for Common Expenses, the BOARD may make Special Assessments in the manner as set out in the Declaration. 7.2.3 The ASSOCIATION shall maintain an Assessment roll for each MEMBER, designating the name and current mailing address of the MEMBER, the amount of each Assessment payable by such MEMBER, the dates and amounts in which the Assessments come due, the amounts paid upon the account of the MEMBER, and the balance due. 7.3 Depositories. The funds of the ASSOCIATION shall be deposited in such banks and depositories as may be determined and approved by appropriate resolutions of the BOARD from time to time. Funds shall be withdrawn only upon checks and demands for money signed by such officers, members of the BOARD or other persons as may be designated by the BOARD. 7.4 Application of Payments and Commingling of Funds. All sums collected by the ASSOCIATION from Assessments may be commingled in a single fund or divided into more than one fund, as determined by the BOARD. Reserve Funds shall be deposited in separate interest bearing accounts. 8. Parliamentary Rules. 8.1 Roberts' Rules of Order (latest edition) shall govern the conduct of the meetings of MEMBERS when not in conflict with the Governing Documents. 9. Amendments. 9.1 Initiation. A resolution to amend these Bylaws may be proposed by any member of the BOARD, or by MEMBERS holding not less than ten percent (10%) of the votes of the entire membership of the ASSOCIATION. 9.2 Notice. 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. 9.3 Adoption of Amendments. 9.3.1 As long as the DEVELOPER appoints a majority of the members of the BOARD, the DEVELOPER shall have the right to unilaterally amend these Bylaws without the joinder or approval of any member of the BOARD or any MEMBER. No amendment to these Bylaws shall be effective without the written approval of the DEVELOPER as long as the DEVELOPER owns any portion of the Property. 9.3.2 A resolution for the adoption of the proposed amendment shall be adopted by MEMBERS having not less than a majority of the votes of the entire membership of the ASSOCIATION. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 15 9.4 Restriction. No amendment shall make any changes in the qualification for membership nor in the voting rights or property rights of MEMBERS without approval by all of the MEMBERS. So long as the DEVELOPER owns any portion of the Property, no amendment shall 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, unless the DEVELOPER shall join in the execution of the amendment. 10. Rules and Regulations. The BOARD may, from time to time, adopt or amend previously adopted, Rules and Regulations concerning the use of the Common Areas and concerning the use, operation and maintenance of other portions of the Property in order to further implement and carry out the intent of the Governing Documents. The BOARD shall make available to any MEMBER, upon request, a copy of the Rules and Regulations adopted from time to time by the BOARD. 11. Miscellaneous. 11.1 Tenses and Genders. The use of any gender or of any tense in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires. 11.2 Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, the remaining provisions shall, nevertheless, be and remain in full force and effect. 11.3 Conflicts. In the event of any conflict, any applicable Florida statute, the Declaration, Articles, and Bylaws, and the Rules and Regulations of the ASSOCIATION shall govern, in that order. 11.4 Captions. Captions are inserted herein only as a matter of convenience and for reference, and in no way are intended to or shall define, limit or describe the scope of these Bylaws or the intent of any provisions hereof. 11.5 Waiver of Objections. The failure of the BOARD or any Officers of the ASSOCIATION to comply with any terms and provisions of the Governing Documents which relate to time limitations shall not, in and of itself, invalidate the act done or performed. Any such defect shall be waived if it is not objected to by a MEMBER within thirty (30) days after the MEMBER is notified, or becomes aware of the defect. Furthermore, if such defect occurs at a general or special meeting, the defect shall be waived as to all MEMBERS who received notice of the meeting and failed to object to such defect at the meeting. Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 16 IN WITNESS WHEREOF, the President of the Association has executed these Bylaws this day of 12023. Bridgewater on Taylor Creek Townhouse Association, Inc., a Florida not -for profit corporation By: Thomas Chacko, President Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 17 EXHIBIT "B" M:3�ilt:il.� OF BRIDGEWATER ON TAYLOR CREEK TOWNHOUSE ASSOCIATION, INC., a Florida not -for -profit corporation Bylaws of Bridgewater on Taylor Creek Township Association, Inc. Page 18 EXHIBIT "C" LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING ALL OF LOTS 6 THROUGH 10, INCLUSIVE, TAYLOR CREEK MANOR, PLAT BOOK 3, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 5, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY FOR THE UNNAMED STREET, 66 FEET IN WIDTH, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR, AND AS DEDICATED AND SHOWN ON THE PLAT OF WILCOX SHORES, PLAT BOOK 2, PAGE 89, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, NOW NAMED SOUTHEAST 8TH AVENUE, SAID CORNER BEING A POINT ON A CURVE TO THE RIGHT AND CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 601.12 FEET, A RADIAL LINE BEARS N75°47'43"W FROM SAID POINT TO THE RADIUS POINT; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING 2 COURSES; (1) THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 22000'13", A DISTANCE OF 230.85 FEET, TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 738.75 FEET; (2) THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE SUBTENDING A CENTRAL ANGLE OF 4°05'31 ", A DISTANCE OF 52.76 FEET, TO A POINT OF NON -TANGENCY, SAID POINT BEING THE NORTHEAST CORNER OF LOT 11, AS SHOWN ON SAID PLAT OF TAYLOR CREEK MANOR; THENCE, DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, N89°2645"W, ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 199.46 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY EDGE OF TAYLOR CREEK, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY EDGE OF TAYLOR CREEK, MORE OR LESS, FOR THE FOLLOWING 4 COURSES; (1) THENCE N 14028'24"E, A DISTANCE OF 90.83 FEET; (2) THENCE N 17°52'43"E, A DISTANCE OF 36.13 FEET; (3) THENCE N11°26'53"E, A DISTANCE OF 63.57 FEET; (4) THENCE N23°0428"E, A DISTANCE OF 72.94 FEET, TO THE SOUTHWEST CORNER OF AFORESAID LOT 5; THENCE, DEPARTING THE EASTERLY EDGE OF TAYLOR CREEK, S89°26'45"E, ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 251.80 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Amended Declaration of Protective Covenants, Conditions and Restrictions PAGE 1 INDEPENDENT NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 01 /31 /24, 02/14/24 (Print Dates) or by publication on the newspaper's website, if authorized, on 01/31/24. 02/01/24, 02/02/24, 02/03/24, 02/04/24, 02/05/24, 02/06/24, 02/07/24, 02/08/24, 02/09/24, 02/10/24, 02/11124, 02/12/24, 02/13/24, 02/14/24 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katritia Elsken Muros Sworn to and subscribed before me by means of Physical Presence X Online Notarization physical presence or online notarization, this 14th day of February. 2024. -- — t PH 129,4a (Signature of Notary Public) STAMP OF NOTARY PUBLIC • MINUTE FILE a-/aD/Aq Ce. s*_,M_VAi Sx 7 Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 C rrYOFOKEECNOBFE PUBLIC HEARIM NOME OONSWERADOP IMAFINALPLATAPPLICATION FOR BREGEWATER ON TAYLOR CREBC NanCE IS HERESY GrAN tha ]In Rm has fled a Fire) Pik AP* =L 1 awrnyB&TFBIrkm The PLBLIC HERR M wl be held before the Qy GxrSS Sotli�s, 2024, d 6 PM, (QAya�ssom tha®Rer as at atLdd ad a Fie3d m F treHLes FL The Ptl, W b hwEed to The raqu� m m* a paton d the eMsttg nJdatld &hd- Y9a� YLLR tFffiC Aan or e m 12 LXc, 6� be Utle2 BttIDM WATBL L>rl TAYLOR ad burled U I1b SE Zth AVE The newly ptaped stbdrl9a, tnduds ore ha+rtn,e m ma, bt d*es 4mM t ktbn d the piopatY ID be reptlO�ad yLQft 66 In P�Book3, Pape 4 P reo>,ds� f Olaeerirobee Am 100 won c�enbe hwkipeduNme r� s Ptk4. 0 P�ht1 orboA fir hoi0, amd the w b d the Oly C] k stal�18 BC,3.76 P 14 II wi be pmadaloeanewedsprlartothePLdcFkot with the ONOa+d agada mam6ls rn the t1y weh5he a =AMYww 'tea BE ADVLSM thal9nid you t m,d m d,ow any don+ne'4 paa>S Vft or6gnslotheCburYha;p��La�tpcoppodtkn6�an/Lemmthea9erda a I''i f�tMdQyh PE7tSONaL1E(�IIiG TO APPEAL Oak nede the Cxmxl vAh re�ea m any mace w gh kaed at utis ' wi toanna�ebatlri=do thepmoa3rY4kmadradthenmd bduds the O!0=y ad Mde m Casa. In amotdarm� wtIh the Amalmrs wCi CisabRla Pa. Pasxs wth dsabibs tithe Ctmoe o18fi3 763�J8„ 144,pFF`0��o3lYangdgr9;M � 1-1 rotatethan lnr budre$days pdato prooadirg. e5494LON I/31XIV2024 rL`3 14 2024 0 s • MINUTE FILE 'P-pol zs/ CP— {:1 A� tic 7 Katie Rogers -.Purl Vf I From: Katie Rogers Sent: Monday, February 19, 2024 10:15 AM To: jr.twps@yahoo.com Cc: Bsmith@m-da.com; zmcharris@m-da.com; Lane Gamiotea Subject: Final Plat #23-009-TRC/FP, 2/20 Council Agenda and Exhibit Attachments: 2024 02 20 Published Agenda.pdf; 2024 02 20 Exhibit 7.zip Good Morning. This is to officially notify you that Final Plat Application No. 23-009-TRC/FP is on the Tuesday, February 20, 2024, City Council Agenda for final adoption. This meeting is scheduled to begin at 6:00 P.M. A copy of the agenda and exhibit are attached. Please notify Lane Gamiotea at 863-763-9814 if you or a representative will not be in attendance. Katie Rogers I Deputy Clerk CITY CLERK'S OFFICE CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAx: (863) 763-1686 EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE.COM Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. I; - _ � ILE qvi IC54 '.I iK#v 7 Katie Rogers From: Katie Rogers Sent: Monday, February 19, 2024 3:05 PM To: btfairinv@gmaii.com Cc: Lane Gamiotea il Agenda and Exhibit Subject: an Final Plat #23-009-TRC/FP, 2/20 Council Attachments: 2024 02 20 Published Agenda.pdf; 2024 02 20 Exhibit 7.zip Mr. Joshi, Kindly find the attached Agenda and Exhibit for Tuesday's Meeting. This email was returned back from Mr. Rice's email address. Katie Rogers I Deputy Clerk CITY CLERK'S OFFICE CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAx: (863) 763-1686 EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE.COM Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are pu35r records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. I From: Katie Rogers Sent: Monday, February 19, 202410:15 AM To: jr.twps@yahoo.com Cc: Bsmith@m-da.com; zmcharris@m-da.com; Lane Gamiotea<Iamiotea@cityofokeechobee.corn> Subject: Final Plat #23-009-TRC/FP, 2/20 Council Agenda and Exhibit Good Morning. This is to officially notify you that Final Plat Application No. 23-009-TRCIFP ir February 20, 2024, City Council Agenda for final adoption. This meeting is scW P.M. A copy of the agenda and exhibit are attached. Please notify Lane Gamy you or a representative will not be in attendance. Katie Rogers I Deputy Clerk CITY CLERK'S OFFICE CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAx: (863) 763-1686 EMAIL: DEPUPTYCLERK(CDCITI'O=OKEECHOBEE.COM Z' "now Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.