This instrument prepared by and return to: CharIes D. Bailey, 111, Esq. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. 2033 Main Street - Suite 600 Sarasota, Florida 34236

FIRST SUPPLEMENT TO THE DECLARGTllON OF COVENANTS AND RESTRICTIONS FOR

GREYHAWK LANDING

This First Supplement to the Declaration of Covenants and Restrictions for Greyhawk

Landing ("Supplement") is made this day of , 2002 by Sam Rodgers

Properties, hc., a Florida Corporation ("Declarant").

BACKGROUND:

A. Declarant recorded a Declaration of Covenants and Restrictions for Greyhawk Landing,

in Official Records Book 171 1, Page 2524, of the Public Records of Manatee County, Florida,

("Declaration") which Declaration submits to its terms certain real property referred to in the

Declaration as "Subject Property." The Subject Property previously submitted to the Declaration

is legally described as set forth in Exhibit "A" of the Declaration.

B. Declarant desires to declare the real property described in Exhibit "A" of this Supplement

as part of the Subject Property, pursuant to Sections 1.2 1 and 9 of the Declaration.

C. Declarant desires to further supplement and amend the Declaration, as set forth in this

Supplement.

D. Pursuant to Section 1 0.1 of the Declaration, so long as Declara~~t owns any portion of the , b : . d - GC? ' &.j**

hcCFPTED IN OPEN SESSION BOARD OF COUNTY COMMISSIONEBS. MANATEE COUNT)'

Subject Property, the Declaration may be amended from time to time by Declarant without the

consent of the Greyhawk Landing Property Owners Association, Inc. C4Association"), the Greyhawk j'

.rr Landing Community Development District or any owner. Declarant presently owns portions of the

d

Subject Property.

TERMS:

.r) 1 . Recitals. The foregoing recitals are true and accurate and are hereby incorporated herein

4

by reference.

2. Definitions. Capitalized terms which are not otherwise defined in this Supplement shall

' have the same meaning ascribed to such terms in the Declaration.

3. Additional Land. The real property described in Exhibit "A" of this Supplement is

included within the Additional Lands Owned by Declarant described in Exhibit "D" of the

Declaration. Pursuant to Sections 1.2 1 and 9 of the Declaration, the Declarant hereby declares,

submits, adds and designates the real property described in Exhibit "A" of this Supplement as part

of the Subject Property under the Declaration. The Subject Property, as supplemented by Exhibit

"A" hereto, is subject to all terms and provisions of the Declaration.

4. Amendments to the Declaration. Pursuant to Section 10.1 of the Declaration, Declarant

hereby amends the Declaration as follows:

a. Amendment of Exhibit "A". Exhibit "A" of the Declaration is amended to add

and include the real property described in Exhibit "A" of this Supplement.

b. Amendment of Exhibit "Em. Exhibit "E" of the Declaration is deleted in its

entirety and replaced with Exhibit "Em of this Supplement.

c. Amendment of Exhibit "F". Exhibit "I=" of the Declaration is deleted in its

ACCEPTED IN OPEN SESS]O~+~ 0L.r 4 2 2i-m -

EOARO OF COUNTY COMMISSIONERS, MANATEE COUNTY

entirety and replaced with Exhibit "F" of this Supplement.

d. Amendment of Exhibit "G". Exhibit "G" of the Declaration is deleted in its

entirety and replaced with Exhibit '%" of this Supplement.

e. Amendment of Exhibit "H". Exhibit "W of the Declaration is deleted in its

entirety and replaced with Exhibit " H of this Supplement.

f. Amendment of Exhibit ''I". Exhibit 'T' of the Declaration is deleted in its entirety

and replaced with Exhibit 'S" of this Supplement.

g. Amendment of Exhibit T. Exhibit "J" of the Declaration is amended to add and

include Exhibit '7" af this Supplement.

h. Amendment of Exhibit " K . Exhibit "K" of the Declaration is amended to add

and include Exhibit "K" of this Supplement.

5. Covenants Runnine, with the Land. The covenants, restrictions and other provisions of

the Declaration, as amended by this Supplement, shall run with the land and bind the Subject

Property and shall inure to the benefit of and be enforceable by Declarant and Association.

6. Severability If any paragraph, phrase or portion of this Supplement is held invalid or

unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,

distinct and independent provision and shall not affect the validity of the remaining portion thereof.

7. Conflicts Between Provisions. In the event of any conflict between the provisions of the

Declaration and the provisions of this Supplement, the provisions of this Supplement shall control.

8. Effective Date. The effective date of this Supplement shall be the date it is recorded in

the Public Records of Manatee County, Florida.

J

- 2 2 rn ACCEPTED IM OPEPd SESSION BOARD OF COUNTY COMM{SSIONEWS, M A W E E COUNTY

JOINDER ANZ) CONSENT

The Greyhawk Lading Community Development Met, a Community Development District organized under the Laws of the State of Florida, hereby joins in, ratifies and consents to this First Supplement to Declaration of Covenants and Restrictions for Greyhawk Landing.

GiREyHAWKmING COMMUMlY DEWLOPMEN' DISTRICT

WITNESSES:

C By: .w - ,&-h Sam R Rodgers, Chairman. Board of Supervisors

C

L

Print ~ a m e : u ' Cam1 3, V u o n o

State of Florida County of Manatee

The foregoing consent was acknowIedged before me this 1 5 day of a d o b e r 1

2002, by Sam R Rodgers, as Chainnan of the Board of Supervisors on behalf of the Greyhawk Landing Community Development District, a Community Development District, who is personally known to me or who has produced , as identification

Notary Public, State of Florida at Large

My Commission Expires:

KATHLEEN SUE DlXOM

1

WFT 2 2 ACCEPTED IN OPEN SESSION --- - BOARD OF COUNTY COMMISSlONEQS, MANATEE COUNTY d

WITNESS WHEREOF, the undersigned having executed this Supplement on the date first

set forth above.

SAM RODGERS PROPERTIES, INC., a Florida corporation

Printed Name of Witness

Printed Name of Witness I

By: &- L5 Title: President Name: Sam R . Rodaers -

STATE OF FLORIDA

COUNTY OF SARASOTA

Theforegoinginstmentwasacknowledged beforemethis 15thdayof A U ~ . ,2002, by Sam R. Rodgers whoisthe President of Sam Rodgers Properties, Inc., on behalf of said corporation, who is personally known to me or has produced as evidence of identification. C

(SEAL)

KATHLEEN SUE OLXON Signature of Notary public , Print Name: /(q+\lpen he bu*cz7 MY ~omrnission Expires: 7 3,83 /

4 $P=i 2 2 m

ACCEPTED IN OPEN SFSSION ,_ . -- "..:. , ,-, .-* ---- BO/rRD OF COUNTY f ::-i:tdi.;'~! - ! ~ J F T & .bn: #g,.* EF .r ~ ~ J N T ~

EXHIBIT " A "

GREYHAWK LANDING, PHASE 2 JOB NO. 00-06-06M-pH2

MAR. 03, 2002 R E V . MAY 10, 2002

DESCRIPTION

A TRACT OF LAND IN SECTIONS 20 , 21 AND 28, TOWNSHIP 34 SOUTH, RANGE 1 9 EAST, MANATEE COUNTY, FLORI DA DESCRIBED AS FOLLOWS :

BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 28: THENCE ~.00'06'402~., ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 2 8 , A DISTANCE OF 1322.09 FEET, TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2 8 ; THENCE ~ . 8 9 " 5 4 ' 2 9 " E . ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1325.31 FEET TO THE WESTERLY LINE OF GREYHAWK LANDING, PHASE 1, RECORDED IN PLAT BOOK 38 AT PAGE 129 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA (THE FOLLOWING SEVEN CALLS ARE ALONG THE LINES OF GREYHAWK LANDING, PHASE 1); THENCE ~.00~13'11"W., A DISTANCE OF 58.02 FEET; THENCE ~.36"45'38"E., A DISTANCE OF 9 4 . 4 1 FEET TO A POINT ON A CURVE O F WHICH THE RRDIUS POINT L I E S S.36°45'38"W., A RADIAL DISTANCE OF 475.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRRL ANGLE OF 11°13'30", A DISTANCE OF 93.06 FEET; THENCE S.42°00'52"E., A DISTANCE OF 422.96 FEET TO THE POINT OF CURVE (PC) OF A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET AND A CENTRAL ANGLE OF 21°45'29' t ; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 180.38 FEET; THENCE i d . 6 g 0 4 4 ' 3 7 " E . , A DISTANCE OF 50 .00 FEET TO A POINT ON A CURVE O F W H I C H THE R A D I U S POINT LIES 5. 6 g 0 4 4 ' 3 7 " ~ . , A RADIAL DISTANCE OF 5 2 5 . 0 0 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 21°04'58", A DISTANCE OF 193.18 FEET TO THE POINT OF REVERSE CURVE (PRC) OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25 .00 FEET AND A CENTRAL ANGLE OF 87°56'04"; THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 38.37 FEET; THENCE ~ . 4 1 ~ 0 1 ' 5 6 ' ' W . , A DISTANCE OF 8 4 . 0 9 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES ~.43~50'24"W., A RADIAL DISTANCE OF 2 5 . 0 0 FEET; THENCE NORTHWESTERLY ALONG THE ARC. THROUGH A CENTRAL ANGLE OF 91G49'33", A DISTANCE OF 40.07 FEET; THENCE ~.42"00'52"W., A DISTANCE OF 119 .98 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S N. 3 9 ° 5 7 ' 4 6 " ~ . , A RADIAL DISTANCE OF 3 1 3 . 0 0 FEET; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 10"37'23", A DISTANCE OF 58.03 FEET TO THE PRC OF A CURVE TO THE R I G H T HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 16"15 '21" ; THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 6 9 . 5 1 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES ~ . 6 2 ' 3 4 ' 5 2 " ~ . , A RADIAL DISTANCE O F 3 3 0 . 0 0 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 61°02'25", A DISTANCE OF 3 5 1 . 5 7 FEET TO THE PRC OF A CURVE TO THE R I G H T HAVING A RADIUS OF 4 9 2 4 . 3 6 FEET AND A CENTRAL ANGLE O F 0 Z 0 1 5 ' 5 9 " ; THENCE NORTHWESTERLY, ALONG THE ARC, A DISTANCE O F 1 9 4 . 7 9 FEET; THENCE S . 5 8 " 3 1 ' 0 7 " ~ . , A DISTANCE OF 61 .35 FEET TO A POINT ON A CURVE OF W H I C H THE mDrus POINT LIES S.83"04'26"W.. A R A D I A L DISTANCE OF 890.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE O F 0 g 0 2 4 ' 4 9 " , A DISTANCE O F 146.23 FEET TO THE POINT OF COMPOUND CURVE (FCC) OF A C U R V E TO THE LEFT I l A V I N G A R A D I U S OF 30.00 FEET AND A CENTRAL ANGLE O F 5 6 " 19 '08" ; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 29 .49 FEET TO THE PRC O f A CURVE TO 'THE RIGHT I IAVING A RADIUS OF 4 5 3 . 0 0 FEE'I' AND A CENTRAL ANGLE OF 39" 1 1 ' 4 2"; 'I'HENCE NORTHWESTERLY ALONG T11E A R C , A IILSTANCE O F 309.813 FEET -1'0 n I'orwr ON A c:rrRvr.. or:. w H r c i [ ' I * ~ I E R - ~ ~ U S

ocr g i wc ACCEPTED I # OPEeE SESS!8N 8OARC OF COUNTY COMkhlSSiOiJf RS, MANATEE COUNTY

POINT L I E S N.0l001'01"~., A RADIAL DISTANCE O F 200-00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 110°06'00w, A DISTANCE O F 3 8 4 . 3 2 FEET; THENCE ~.70"55'02"W., A DISTANCE OF 64.85 FEET; THENCE N.l4"51'09"E., A DISTANCE OF 116.47 FEET TO THE PC O F A CURVE TO THE LEFT HAVING A RADIUS OF 133.00 FEET AND A CENTRAL ANGLE OF 4g007'07"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 114.02 FEET TO THE PRC OF A CURVE.TO THE RIGHT HAVXNG A RADIUS OF 50.02 FEET AND A CENTRAL ANGLE OF 31°15'10't; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 23.29 FEET; THENCE N-03"00*48"W., A DISTANCE OF 91.33 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES S.34"43'2SWW., A RADIAL DISTANCE OF 280.00 FEET; THEMCE NORTHWESTERLY ALONG THE &RC, THROUGH A CENTRAL ANGLE OF 3Z048'09", A DISTANCE OF 160.30 FEET; THENCE N.88"04'43"~,, A DISTANCE OF 137.29 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S ~ . 1 9 " 3 2 ' 5 3 " ~ . , A RADIAL DISTANCE OF 245.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 21°28'10", A DISTANCE OF 91.80 FEET; THENCE N.8a004'43"W., A DISTANCE OF 76.24 FEET; THENCE ~ . 0 1 ' 5 5 ' 1 7 * ' ~ . , A DISTANCE OF 120.00 FEET TO THE PC O F A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 39.27 FEET; THENCE ~ . 0 . 3 " 4 8 ' 5 4 " ~ , , A DISTANCE OF 84.04 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES N.01"55'17"E1, A RADIAL DISTANCE OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 84"52 '13" , A DISTANCE O F 37.03 FEET TO THE PRC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5 3 0 . 0 0 FEET AND A CENTRAL ANGLE OF 1l029'34"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 106.31 FEET; THENCE N.75"17'56"E., A DISTANCE OF 62.96 FEET; THENCE S . 8 8 ° 0 4 ' 4 3 " ~ . , A DISTANCE OF 3 3 . 0 6 FEET TO THE PC O F A CURVE TO THE RIGHT HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 21"28'10"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 91.80 FEET; THENCE S,88"04'43"E., A DISTANCE OF 137.29 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 19"36*14"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 212.13 FEET; THENCE ~.21"31'3i"E., A DISTANCE O F 47.39 FEET TO THE PC OF A CURVE TO THE LEFT HAVING A RADIAL DISTANCE OF 70.00 FEET AND A CENTRAL ANGLE OF 50~59'29"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 62.30 FEET TO THE PRC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 345.50 FEET AND A CENTRAL ANGLE OF 46°27'08"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 200-11 FEET TO THE PRC OF A CURVE TO THE LEFT HAVING A RADIUS OF 74.50 FEET AND A CENTRAL ANGLE OF 17O38'38"; THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 22 .94 FEET; THENCE ~.00"39'29"W., A DISTANCE OF 5 1 . 4 4 FEET; THENCE ~.89"20'31"~., A DISTANCE OF 2 4 . 5 5 FEET TO THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 20°11'50"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 116.33 FEET; THENCE ~ . 6 9 " 0 8 ' 4 1 " ~ . , A DISTANCE OF 319.76 FEET TO A POINT ON A CURVE OF WHICH TfdE RADIUS POINT L I E S N . 4 2 * 1 9 ' 2 9 " ~ . , A RADIAL DISTANCE O F 245 .00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 21°28'10", A DISTANCE OF 91.80 FEET; THENCE S.69"08'4lW~., A DISTANCE OF 7 1 - 2 4 FEET; THENCE N.2Qa51'19"W., A DISTANCE O F 1 2 0 - 0 0 FEET TO THE PC OF A CURVE TO THE R I G H T HAVING A RADIUS OF 2 5 . 0 0 FEET AND A CENTRAL ANGLE OF 90"00 '00" ; THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 3 9 . 2 7 FEET; THENCE N . 2 U 0 5 1 ' 1 9 " ~ . , A DISTANCE O F 84.00 FEET T O A POINT ON A CURVE OF WHICH THE R A D I U S POINT LIES ~.20"51'19"W., A R A D I A L DISTANCE OF 2 5 . 0 0 FEET; THENCE NORTflWESTERF,Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 9O000 ' 0 0 " , A DISTANCE O F 3 9 . 2 7 FEET; THENCE t4.2O051 ' 19"W., A LITS1rAN!'E: O F 120.00 FEET; TIIENCE N. 6 9 " 0 8 ' 1 1 " 5 . , A

ACCEPTED tN WEN SESSION O(:T 2 am

BOARD OF COUNTY CO~JIMISS)ONERS. MANATEE COUNTY

DISTANCE OF 71.24 FEET TO THE PC O F A CURVE TO THE RIGHT HAVTNG A RADIUS OF 245-00 FEET AND A CENTRAL ANGLE OF 21°28' 10"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE O F 91.80 FEET; THENCE ~.69"08'41"E., A DISTANCE OF 319.76 FEET; THENCE N.23"44'08"~., A DISTANCE OF 269.15 FEET; THENCE N.88°07'06f'W., A DISTANCE OF 100.86 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 2 Z 0 I 4 ' l 9 " ; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 42.70 FEET; THENCE N-65°52'47"~., A DISTANCE OF 68.14 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 54"30'10"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 104.64 FEET; THENCE ~.11~22'37"W., A DISTANCE OF 92.79 FEET; THENGE S.77"59'02"~., A DISTANCE OF 102.14 FEET TO THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80-00 FEET AND A CENTRAL ANGLE OF 34"10120"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 47.71 FEET; THENCE S . 4 3 " 4 8 ' 4 2 " ~ . , A DISTANCE OF 96.74 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S N.67"39'28"W., A RADIAL DISTANCE OF 245.00 FEET; THENCE SOUTHNESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 2l028'10", A DISTANCE OF 91.80 FEET; THENCE S . 4 3 " 4 8 ' 4 Z t T W . , A DISTANCE OF 62 .05 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S S.38"07'26"W., A RADIAL DISTA-NCE OF 626.00 FEET;-THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 05"34'01", A DISTANCE OF 60.82 FEET TO THE PRC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 650.00 FEET AND A CENTRAL ANGLE OF 05°06'03"; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 57.87 FEET TO THE PCC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 9 6 " 0 9 ' 1 4 " ; THENCE NORTHWESTERLY ALONG THE ARC, A DISTANCE OF 41.96 FEET; THENCE N.46"11118'*~., A DISTANCE OF 84.00 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES N . 4 6 " 1 1 1 1 8 " W . , A RADIAL DISTANCE O F 2 5 . 0 0 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 96°09'14m, A DISTANCE OF 41.96 FEET; THENCE S.39"08'53"W., A DISTANCE OF 60.99 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S ~ . 4 9 ~ 0 2 * 3 1 ~ E . , A RADIAL DISTANCE OF 710.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 29*39 '3oW, A DISTANCE OF 367.52 FEET; THENCE S.78"42'01t'W., A DISTANCE OF 170-74 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 98'52'22"; THENCE NORTHWESTERLY,ALONG THE ARC A DISTANCE OF 310.62 FEET; THENCE ~ . 4 4 ~ 3 6 ' 3 6 " ~ . , A DISTANCE OF 410.41 FEET; THENCE S.53°19'45"W., A DISTANCE OF 69 .91 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 7 8 " 2 2 ' 3 3 " ; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 547.17 FEET; THENCE N.48°17'42"W., A DISTANCE OF 9 - 3 3 FEET; THENCE ~ . 4 1 " 4 2 ' 1 8 * ~ ~ . , A DISTANCE OF 105.57 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S S.44"53'23"W,, A RADIAL DISTANCE OF 450.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 21°22'36", A DISTANCE OF 1 6 7 . 8 9 FEET TO THE PRC OF A CURVE TO THE LEFT HAVING A RADIUS O F 2 0 0 . 0 0 FEET AND A CENTRAL ANGLE OF 6 4 " 1 7 ' 2 9 " ; THENCE SOUTHEASTERLY ALONG THE ARC, A DISTANCE OF 224 .42 FEET TO THE PRC O F A CURVE TO THE RIGHT HAVING A R A D I U S OF 900.00 FEET AND A CENTRAL ANGLE OF 04°06'02"; THENCE SOUTHEASTERLY ALONG THE ARC, A DISTANCE OF 6 4 - 4 1 FEET; THENCE S.O6"04'33"W., A DISTANCE OF 1 7 5 . 0 0 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S S.06°04'33"W,, A RADIAL DISTANCE OF 7 2 5 . 0 0 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 0 1 ° 1 4 ' 3 8 " , A DISTANCE OF 1 5 . 7 4 FEET; THENCE S.07"19'11"W., A DISTANCE O F 125.00 FEET TO A POINT ON A CURVE OF W H I C H THE R A D I U S POINT L I E S ~ . 0 7 ~ 1 9 ' 1 1 " W . , A RADIAL DISTANCE O F 6 0 0 . 0 0 FEET; TIIENCE SOUTHEASTERLY ALONG TfIE ARC, THROUGH A CENTRAL ANGLE OF 0 2 " 1 1 ' 4 7 " , A DISTANCE O F 2 3 . 0 0 FEET; TfIENCE

cc: 2 r M12 d ACCEPTED IN OPXN SESSION BOARD OF COUNTY COIEMISS!QNERS, MANATEE COUNTY *

~.39"37'59"E., A DISTANCE OF 29.50 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES 5.39"37'59"~., A RADIAL DISTANCE OF 47.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 59"12 '50" , A DISTANCE OF 48.57 FEET TO THE PCC OF A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET AND A CENTRAL ANGLE OF 05O17'33"; THENCE SOUTHEASTERLY ALONG THE ARC, A DISTANCE OF 3 2 . 3 4 FEET TO THE PCC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 36°20150"; THENCE SOUTHEASTERLY ALONG THE ARC, A DISTANCE O F 31.72 FEET TO THE PRC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 1 8 3 " 5 9 ' 0 Z W ; THENCE SOUTHWESTERLY ALONG THE ARC, A DISTANCE OF 578.00 FEET; THENCE ~ . 3 8 " 3 1 ' 3 2 " ~ , , A DISTANCE OE.26.49 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S ~.38~31'32"~., A RADIAL DISTANCE OF 650.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 1 7 " 1 0 1 3 9 " , A DISTANCE OF 194.87 FEET TO THE PRC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 44O29'38"; THENCE SOUTHEASTERLY ALONG THE ARC, A DISTANCE OF 77.66 FEET; THENCE ~.11~12'3-1~~., A DISTANCE OF 175.00 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S N.11°12'33"~., A RADIAL DISTANCE OF 275.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 02"14'501', A DISTANCE OF 10.79 FEET; THENCE S . 0 8 ° 5 7 ' 4 2 " ~ . , A DISTANCE OF 125.00 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT LIES N.08"57'4ZWE., A RADIAL DISTANCE OF 409.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 17O52'23", A DISTANCE OF 124.78 FEET; THENCE ~ . 3 0 ~ 2 5 ' 0 5 " ~ . , A DISTANCE OF 47.52 FEET TO THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2 2 5 - 0 0 FEET AND A CENTRAL ANGLE OF 20°06'29"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 7 8 - 9 6 FEET; THENCE S.10°18'37"~., A DISTANCE OF 123.89 FEET TO THE PC OF A CURVE TO THE RIGHT HAVING A RADIOS OF 405.00 FEET AND A CENTRAL ANGLE OF 28*33'06"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 201.82 FEET; THENCE S.S1°08'17"E., A DISTANCE OF 125.00 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT L I E S ~.85~40'05"~., A M D I A L DISTANCE OF 220.07 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 1 9 " 4 2 ' 4 4 " , A DISTANCE OF 75.71 FEET TO THE PCC OF A CURVE TO THE LEFT HAVING A RADIUS OF S10,SO FEET AND A CENTRAL ANGLE OF 30°20'25"; THENCE SOUTHEASTERLY ALONG TRE ARC, A DISTANCE OF 270.33 FEET; THENCE S.O0"02'56"W., A DISTANCE OF 4 3 . 2 8 FEET TO THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE AFORESAID SECTION 20; THENCE S.89"57'04"~., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1401.66 FEET TO THE POINT OF BEGINNING.

CONTAINING 134.562 ACRES, MORE OR LESS.

fiCCEPf ED IN OFEM SESSION Ocr z Bl.E

BOARD OF COUNTY COMMISSIONERS, MANATEE COUNTY

GREYHAWK LANDING Property Owners Association 10 year Proforma Budget

Income: Main t . FeeslDeveloper

Expense: Grounds Mainl. Conlracts Utilit~es Prop. Taxes

Total Expenses:

Not Income:

EXHlBlTUE" P g . I o f 2 Print Date: 51812002 I

Year 1 Year2 . Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10

GREYHAWK LANDING Community Development Dlstrlct 10 year Proforma Budget

Reserve Recap

Guard House Road Resurfacing IrrigationlLandscape

Total Reserve

Income: assess men!^

Expense: Administration Grounds Maint . Contracts Utilities

Print Date: 51812002

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10

Total Expenses: $193,575.00 $238,988.75 $31 1,988.19 $ 327,587.60 $ 343,966,98 $ 361,165,33 $ 379,223.59 $ 398,184,76 S 4 1 8,094 .OO S 438,998,70

Net Income: 0.00 0,OO 0.00 0.00 0,OO 0.00 0.00 0.00 (0.00) 0.00

EXHIBIT "F"

RIGHT OF ENTRY AND

COMPLIANCE WITH MANATEE COUNTY LAND DEVELOPMENT CODE

w The Manatee County Land Development Code, Ordinance 90-01, adopted on July 25, 1990 by the Board of County Commissioners of Manatee County, Florida requires adequate w

ownership and management measures be provided in residential developments to protect and *4

perpetually maintain all common improvements and open space. The following provisions are e stipulated in Chapter Nine of the Land Development Code (Subdivision Procedures and

w Standards), Section 909.5, and are hereby incorporated as part of the.Declaration of Covenants, and Restrictions for GREYHAWK LANDING, as amended and supplemented by the First e Supplement to said Declaration. d

I. . Right of Entry by County. The Manatee County law enforcement officers, health and pollution control emergency medical service personnel, and fire fighters, while 1

in pursuit of their duties, are hereby granted authority to enter upon any and all portions * of the Common Areas as may be necessary to perform those duties. 4

11. Ownership of the Common Areas. Notwithstanding anything herein contained to the contrary, the Association shall not dispose of any Common Area, by sale or otherwise, 4

except to an organization conceived and organized to own and maintain such Common w Areas (including but not limited to the CDD), without first offering to dedicate the same *I to Manatee County or other appropriate governmental agency.

.rl

111. DisturbanceofCommonAreas. NolandsintheCommonAreaspaceshallbedenuded, *4

defaced, or otherwise disturbed in any manner at any time, except for maintenance or w repair, without the prior written approval of the Manatee County Planning Director. . ~ r

IV. Maintenance and Care. In the event the Association or its successors fail to maintain the * Common Area in reasonable order and condition, the provisions of the Manatee County d

Land Development Code allow for Manatee County, upon notice and hearing, to enter w said Common Area for the purpose of maintaining same. The cost of such maintenance

d by the County shall be assessed pro-ratedly and such charges will be made payable by property owners within sixty (60) days after receipt of a statement therefor, and shall * become a lien on the property if unpaid at the end of such period. ..J'

w V. Notwithstanding any other provision of this Declaration, no violation of federal, state, or

d local law shall be permitted.

d

VI. Notwithstanding any other provision of this Declaration relating to amendments, neither * this Exhibit nor any provision of this Declaration affecting this Exhibit may be amended * without the written consent of Manatee County.

.rr

bc'r g 2 m. d ".CCEFTEO !M OPEN SESSION ---- .,,,r".RD OF COUNTY COMi\lllsSlQrd~RS, MANATEE COUNTY d

EXHIBIT "G"

"LISTING OF HOLDINGS" STATEMENT

GREYHAWK LANDING, PHASES 1 and 2, A SUBDIVISION

LISTING OF HOLDINGS

The following is a complete listing of all Common Areas and improvements of the GREYHAWK LANDING PROPERTY OWNERS ASSOCIATION, INC., a non-profit Florida corporation, as of the date of recording of the Declaration to which this Exhibit is attached. This organization has been established for the ownership and maintenance of all land, buildings, equipment, facilities, and other holdings as described, and depicted on the plat as Tracts 40 1 and 402.

1 Tracts "4,O 1 " and "402" - Consists of Private Recreation Area.

The following is a complete list of dl property and improvements of the GREYHA WK LANDING COMMUNITY DEVELOPMENT DISTRICT, a community development district established pursuant to Chapter 190, Florida Statutes, as of the date of recording of the Declaration to which this Exhibit is attached. This entity has been established for the ownership and maintenance of all land, buildings, equipment, facilities, and other holdings as described, and depicted on the plat as Tracts 301,501,502,503,504,505,506, 507,508,509,5 10,5 1 1,5 12, 513,514,515,516,517,518,519,520,521,522,523,601,602,603,604,605,606,607,608, 609,610,611,612,613,614,615,616,617,618,619,620,621,622,623,624,625,626,627, 628,629,801,802,803,804,805,806,807,808,809,810 and 81 1 .

1. Tracts "801,802,803.804.805.806.807.808.809.810. and 81 1 " - Consist of Conservation Areas and Public Flowage.

2. Tract "301" - Consist of Road, Drainage and Utility. These areas also include landscaped medians with entrance signs, imgation system, and various shrubbery and flowers as well as sidewalks and a manned gatehouse.

3. Tracts "501,502,503.504,505,506,507,508,509, 510,511,512,513,514, 5 15.5 16.5 17. 5 18.5 19. 520.52 1.522. and 523" - Consist of Drainage Areas and Public Flowage, including ponds for the purpose of stormwater drainage retention. The ponds include planted areas with permitted plant species in accordance with the Southwest Florida Water Management District permits and Manatee County approvals.

4. Tracts "601,602,603,604,605,606,607,608,609,610,611,612 613,614, 615.616.617,618,619,620.621.622.623,624,625,626.627,628, and 629" - Consists of open areas and Drainage.

(!C7 y 2 -a KCEPTEO !M OPEN SESSlflW , OOARD OF COUNTY CUHYISSIONEWS, MANATEE cOUNr

EXHIBIT "B"

MAINTENANCE PROGMM

* A maintenance program has been established for the operation and care of the subdivision

1 amenities. The following is a schedule for the inspection and maintenance of all lands, streets, facilities and lakes under the purview of GREYHAWK LANDING PROPERTY OWNERS * ASSOCIATION, TNC., or GREYHAWK LANDING COMMUNITY DEVELOPMENT ~ J I

DISTRICT. * Weekly: Lawn and landscape maintenance, irrigation repairs and adjustments. Cleaning w

and maintenance of amenity service buildings. ul

w Monthly: Lake maintenance, tree and planter bed maintenance, electric street light and w signage maintenance.

w

Ouarterl y: Inspection of roadways, sidewalks and service structures. - *

Yearly: Inspection andor replacement of trees, shrubbery. Repair and/or painting of & signs, buffer wall/fence. Ir

The streets and sidewalks will be inspected by outside professional firms for disrepair and need r~

of maintenance. lp

The GREYHAWK LANDING PROPERTY OWNERS ASSOCIATION, MC. or the J

GREYHAWK LANDING COMMUNITY DEVELOPMENT DISTRICT shall submit for its d

respective properties inspection reports in the form required by the Southwest Florida Water 4 Management District, in accordance with the folio wing schedule:

*rl

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

-

g z r 2 2 iw WCEPfED IH OPEN SESSION -* -JARij OF COUNTY COMMISSIONERS, MANATEE COUNT'*

EXHIBIT "I"

NOTICE TO BUYERS

To the purchasers of lots in GREYHAWK LANDING, PHASES 1 and 2, Manatee County, Florida-

You are hereby notified that the purchase of your lot is subject to:

1. The Declaration of Covenants and Restrictions (the "Declaration"), a copy of which is provided upon execution of your contract to purchase.

2. Ownership of a lot in said Subdivision automatically makes you a member of the GREYHA WK LANDING PROPERTY OWNERS ASSOCIATION, INC., and you are subject to its Articles of Incorporation, By-Laws and Regulations. Each lot entitles its Owner to one-vote in the affairs of the Association.

3. The Association owns and controls the association property, as described in the Listing of Holdings, and has the right and power to assess and collect for the wst of maintenance and care of all property and uses under the purview of the non-profit organization which you have the right to enjoy, in accordance with the Declaration, the Articles of Incorporation, and Bylaws of the Association. A ten year Fiscal Program is included as part of the Declaration to provide adequate reserve funds for the Association.

4. The initial assessment by GREYHAWK LANDING PROPERTY OWNERS ASSOCIATION, INC. is $100.00 annually for each lot. You are notified hereby that the Association may increase that amount as may be required to maintain the amenities of the Subdivision.

5. There are interneighborhood ties to existing and hture development, and traffic from adjoining development may use Grey Hawk Landing's roadways. The interneighborhood tie connections shall be aesthetically pleasing and designed with electronic or pressure sensitive gate activators. The north-south spine road connecting Upper Manatee River Road with SR 64 shall be open during declared times of emergency evacuations or notification by the Director of Public Safety.

There are neighboring agricultural uses, including possible use of pesticides and herbicides, and odors and noises associated with agricultural uses may exist from time to time.

You are advised that GreyHawk Landing encourages homeowner participation in the Florida Neighborhood Yards Program.

6 . You are advised that the-Florida Department of Transportation has initiated a Project Development Environment (PD&E) study for location and design concept acceptance for the bridge connection of Upper Manatee River Road and Fort Hamer Road.

QET 2 5 %a;El ':CCCPTED IN OPEN SESSiON jOA6D OF COUNTY COMMISSIONEHS, MANATEE COUNTY

7. The presently planned source of irrigation for the subdivision will be an idgation well or - other non-public water sources. Irrigation water from the well is not for the human * consumption. The Code requires that all users of the irrigation system comply with all provisions of the Water Shortage Plan and the Water Shortage Emergency. ~r

w 8. The foregoing statements are only summary in nature and shall not be deemed to supersede J

or modify the provisions of the Declaration, or any lot sales contract between a and the Developer. d

9. Unless permitted by the Manatee County Land Development Code, the following acts and .rl activities are expressly prohibited within the boundaries of Conservation Easement to be * granted from Declarant to Manatee County (with respect to Tracts 801,802,803,804, 805, 806 and 807 of Greyhawk Landing, Phase 1 according to the plat thereof as recorded in the *rr

Public Records of Manatee County, Florida, and Tracts 802,808,809,8 10 and 8 1 1 of d Greyhawk Landing, Phase 2, according to the plat thereof as recorded in the Public Records

4 of Manatee County, Florida) without the prior consent of Manatee County:

w

(a) Construction or placing of buildings, roads, signs, billboards or other advertising, or d

other structures on or above the ground. &

(b) Construction or placing of utilities on, below or above the ground without appropriate local, state and federal permits or other authorization.

4 (c) Dumping or placing of soil or other substances or material as landfill or dumping or

placing trash, waste, unsightly or offensive materials. .rl

* (d) Removal, mowing, or trimming of trees, shrubs or other vegetation. *.lr

* (e) Application of herbicides, pesticides or fertilizers.

(0 Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material w substances in such manner as to affect the surface. *

(g) Surface use except for purposes that permit the land or water areas to remain in its w

natural condition. d

(h) Any activity detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation.

(i) Acts or uses detrimental to such retention of Iand or water areas. - w 10. Pursuant to Section 7 15.3.4 Manatee County Land Development Code, each Owner shall

plant within twenty-five (25) feet of the right-of-way of each local street within the * subdivision prior to receiving a Certificate of Occupancy one canopy tree meeting the *lr requirements of Section 7 15.10.5 of the Manatee County Land Development Code for * every fifty (50) linear feet, or substantial fraction thereof, of the right-of-way. (A canopy

e

CCFPTED IN OPEN SESSION - > W 3 F CO!Jj(TY C O + l M ! S s I ~ % . ~ . ~ ~ ~ ~ COUNT'' * -

L

tree shall mean a tree species which produces one ( I ) main trunk and normally reaches a height of thirty (30) feet or more upon maturity. All canopy trees shall be a miniurn of one and one-half to two (1.5 to 2) inches in diameter breast height at the time of planting, unless otherwise indicated.) None of these required trees shall be planted within a public or private utilities easement. The trees shall be spaced no closer together than twenty-five (25) feet, unless a decorative grouping or alternative method is shown and approved on the final site plan or landscape plan. Existing native trees should be used to fulfill these requirements wherever they meet the spacing and size requirements of this paragraph. Palm trees may be utilized, when grouped at least two (2) together to wunt as one (1) canopy tree. Responsibility for installation and maintenance is each Owner's. In the event a street tree dies or is removed, the Owner of the Lot is responsible for replacing the tree within thirty (30) days.

11. OwnershipofalotinsaidsubdivisionmakesyousubjecttotheGREYHAWKLANDMG COMMUNITY DEVELOPMENT DISTRICT. THE GREYHAWK LANDING COMMUNITY DEVELOPMENT DESTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS ON THIS-PROPERTY. , a - -

THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS AN3 IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. Please refer to the Declaration for further disclosures in this regard.

Purchaser Purchaser

Date: Date:

ac.r 2 2 a '-S?EPTED fN OP€N SESSim dOARD OF COUNTY COMMISSIONERS, MANATEE COUNTY

EXHIBIT "J" d

CONSERVATION EASEMENT

In consideration of the premises and mutual covenants, terms, conditions, and restrictions d

contained herein and other good and valuable considerations the receipt of which is hereby \ji

acknowledged, SAM RODGERS PROPERTIES, N C . ("Developer" or "Grantor"), whose d address is 575 Center Road, Venice, Florida 34292, certifies ownership of the property described as follows: w

ul

ATTACH LEGAL DESCRIPTION AS EXHIBIT "A" OF CONSERVATION EASEMENT w

w on behalf of itself and its successors, heirs and assigns, grants and gives unto Manatee County, a political subdivision of the State of Florida, whose mailing address is P.O. Box 1000, Bradenton, d

Florida 34026 ("Grantee"), a Conservation Easement pursuant to Florida Statute 704.06 over the ~r )

abovedescribed property of the Grantor. - - d

Unless permitted by the Manatee Countv Land Development Code, the following acts and activities are expressly prohibited within the boundaries of Conservation Easement without the d

prior consent of Manatee County: - e

a Construction or placing of buildings, roads, signs, billboards or other advertising, * or other structures on or above the ground. * a Construction or placing of utilities on, below or above the ground without

appropriate local, state and federal permits or other authorization.

Dumping or placing of soil or other substances or material as landfill or dumping .r)

or placing trash, waste, unsightly or offensive materials. e

a Removal, mowing, or trimming of trees, shrubs or other vegetation.

a Application of herbicides, pesticides or fertilizers. w .rl

Excavation, dredging or removal of loam, peat, gravel, sol, rock or other material J substances in such manner as to affect the surface. e

a Surface use except for purposes that permit the land or water areas to remain in rl

its natural condition. w

rl • Any activity detrimental to drainage, flood control, water conservation, erosion

control, soil conservation or fish and wildlife habitat preservation. r,

a Acts of uses detrimental to such retention of land or water areas. w

7 r - 2 2 ../ .4 c*

A EPTED IN QPEN SESSION + .

2 i lAf iD OF COUNTY CO?JHISSIONERS, MAHATEE COUNT'*

SIGNED, SEALED and DELIVERED

In the presence oE

Witness

Witness

SAM RODGERS PROPERTIES, INC., a Florida corporation .,

r

Signature

5 , - L 1.. 3 6 ~ 4 5

Printed name

Printed Name

STATE OF FLORIDA

COUNTY OF SARASOTA

The foregoing instruction was acknowledged before me this 20U4by ,%R. b ( G e r 5 ,asthe Inc., a Florida corporatiori;'as and who is personally_known to be or who has produced (type of identification) as identification.

NOTARY SEAL:

r:nCEPTED iH OPEH SESSIOW, Ucr a 2 BOARD OF COUNTY COMM1SSIOFBERS, MANATEE COUNTY

EXHIBIT "A" OF CONSERVATION EASEMENT

Tracts 802, 8 08, 809, 8 10, and. 8 1 1, of Greyhawk Landing, Phase 2, according to the plat thereof recorded in the Public Records of Manatee County, Florida.

(JCT ;i 2 * .F:CCF?T€O fFJ OPEN SESSIOW boARO OF COUNTY COMMISSIONERS, MANATEE COUNTY *

EXHIBIT "K" GREY HAWK LANDING RESIDENTIAL LOT PHASE 2

TREE PLANTING SUMMARY

I I LOT # I MlNlMUM NUMBER CANOPY TREES I

Page 1 of 3

I

Cara

1 2 3 4 5 6 7 8 9 10 11

L 12 13 14 15 16 17 18

.- 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Cara Loop

1 1 I 1 I 2 1

I 1 1 2 4 I 1 I 2 1 1 1 I 2 I 1 1 1 1 2 1 I 1 1 1 1 2

EXH l BIT "K" GREY HAWK LANDING RESIDENTIAL LOT PHASE 2

TREE PLANTING SUMMARY d

LOT #

m

MINIMUM NUMBER CANOPY TREES 4

* Irl

I

, Snap Dragon Loop d

74 4 75 * 76

e w

79 80 81 82 83 84

- 85 343 1 44 145 146 147

2 I 1 4 2 2 3 2 1 3 3 1

d

d

3r

W

* e .II

#

148 149 150

I I e 2 1 d -

-d + 22

F

1. REFER TO LANDSCAPE PLANS FOR NON-RESIDENTIAL STREET TREES AND PROPERW BUFFER TREE REQUIREMENTS - FSP-02-1 I.

EXHIBIT " K GREY HAWK LANDING RESIDE NTIAL LOT PHASE 2

TREE PLANTING SUMMARY

2. REFER TO SECTION 5.1 1 OF THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR INFORMATlON REGARDING REQUIRED LANDSCAPE PLANTING RESPONSIBILITIES.

LOT #

3. REFER TO EXHIBIT "I", NOTICE TO BUYERS. ITEM 9. FOR MINIMUM CANOPY TREE SPECIFICATIONS. REFER TO SECTION 5.1 1 OF THE DECLARATION OF COVENANTS AND RESTRlCTlONS FOR DETAILED TREE PLANTING REQUIREMENTS CONCERNING CANOPY TREE SIZES.

MINIMUM NUMBER CANOPY TREES

l, a a082 KMPEO IN O M SSSlW

Page 3 of 3 :3OARD OF COiJNV c ~ $ ~ ~ ~ ~ s : $ N E I ? S , &IA?!~*E COUNT'

, Aster C

I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 86 87 88 89 A

90 91 92 93 94 95 96 97 98 99 100 101 102

Avenue

2 2 1 2 2 3 2 1 1 2 1 I 2 1 2 1 3 1 I 2 1 2 I I 2 4 2 1 2 2 1 2 2

TOTAL: 134

NOTES:

ARTICLES OF INCORPORATION 0 - of

GREYHAWKLANDING . ,.

PROPERTY OWNERS ASSOCX-ATXON, INC. a Florida corporation not-for-profit

PREAMBLE

Sam h d g m Properties, Inc. ( t l D e c ~ t H ) , owns certain property in Manatee County, Florida (the "Subject Prope*"), and intent& to record aDecIa&on of Covenants and Ressictionqof GreyHawk Landing Property Owngs Association, Inc. (the "Declaration") which will affect the Subject Property. This Association is being formed as the Association to administer the Dechtion and to perform the duties and exache the p m pursuant to the Declaration, as and when the Declaration is recorded in the Public Records of Manatee County, Florida, with these Articles of Incorporation attached as an Exhibit. All of the definitions contained in the :

Declaration shall apply to these Articles, and to the Bylaws of the Association.

ARTICLE I - NAME AND ADDRESS

The name of the corporation is GREYHAM LANDING PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not-for-profit, hereinafter referred to as the "Association",

The address of the principle ofice of the corporation is: 575 Center Road, Venice, Florida 34292, and the corporation's mailing address is: P.O. Box 1555, Venice, Florida 34284- 1555. --

AR-rrCLE II - PURPOSES

The purposes for which the Association is organized are as follows:

1. TO operate as a corporation not-for-profit pursuant to Chapter 6 17 of the Florida Statutes.

2. To enforce and exercise the duties of the Association as provided in the Declaration.

3. 1.0 promote the health, safety, welfare, comfort, and social and economic benefit of the membeis of the Association.

4. Not to operate as a condominium association or be governed by Chapter 7 18, Florida S bates.

""CEPTED IN OPEN $€=ON DCT 2

WARD OF mum COMMISSIONERS, MANATEE COUNTY

1. The Association shall have all of the common law and statutory powers ofa corporation not- for-pmfit under the laws of the State of Florida

2. The Association shall have the power to administer, enforce, carry out and perform all of the acts, ~c t ions , rights and dutia provided in, or contemplated by, the Declaration, including but not limited to, the following:

2.1. To own, purchase, sell, mortgage, encumber, lease, administer, manage, operate, maintain, improve, rep air and/or replace real and personal property.

2.2. ~6rnak;and collect Assessments against Owners to dcfiay the costs, expenses 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 and to place liens on any Lot(@ if an owner fails to pay any Assessment

L

d 23. To enforce the provisions of the Declaration, these Articles, and the Bylaws. d

2.4. To make, establish, and enforce reasonable rules and regulations governing the use 4 of Common Areas, Lots, Units and other property under the jurisdiction of the Association.

4

2.5. To grant and modify easements, and to dedicate property owned by the Association B - to any public or quasi-public agency, authority or utility company for public, utility, drainage -d and cable television purposes.. - --a -ad -

2.6. To borrow money for the purposes of canying out the powers and duties of the Association.

a- =- a0

2.7. To exercise control over exterior alterations, additions, improvements, or changes * - 4 IU QI

in accordance with the terms of the Declaration. a

2 *J

2.8. To obtain insurance as provided by the Declaration.

2.9. To employ personnel necessary to perfom the obligations, services and duties required o f or to be performed by the Association and for proper operation of the properties for which the Association is responsible, or to contract with others for the performance of such obligations, services andbr duties.

2.10. To sue and be sued.

2.1 1. 'The Association shall operate, maintain and manage the surface water or stomwater management system(s) in a manner-consis tent with any Southwest Florida Water Management Disbict permit requirements and applicable District mles, and shall assist in the

'-SCEPTED IN OPEN SESSlON ~ O A R D OF COUNTY C O M M ~ S S ~ , MANATEE c0uNTY

enforcement of the Declaration of Covenants and Restrictions which relate to the surface water or stomwater management system.

The Association s h d levy and collect adequate assessments against members of the Association for the costs of maintebce and operation of the surface water or stomwater management system.

2.12. To contract for cable television, water for irrigation systems supplied to the Lot line of any Lot, and any other s e ~ c e s for the Subject Property.

2.13. The Association shall have the right to contract for professional management or services on such terms and conditions-as the Board deems desirable in its sole discretion, provided, however,-'that any such contract shall not exceed three (3) yuvs and shall be ' tednable by either party without cause and without payment of a termination or penalty fee I

on niaety (90) days or less written notice.

ARTICLE IV - MEMBERSHIP AND VOTING

1. The members of the Association shall consist of all of the record owners o f Lots. Membership shall be established as to each Lot upon the recording of the Declaration. Upon the transfer o f ownership of fee title to, or fee interest in, a Lot, whether by conveyance, devise, judicial decree, foreclosure, or othewise, and upon the recordation amongst the public records in the county in which the Subject Property is located of the deed or other instrument establishing the acquisition and designating the Lot affect thereby, the new Owner designated in such deed or other instrument shall thereupon becomea member of the Association, and the membership of the prior Owner as to the Lot designated shall be terminated, provided, however, that the Association shall not have the responsibility or obligation of recognizing any such change in membership until it has been delivered a true copy of the applicable deed or other instrument, or is othenvise informed of the transfer of ownership of the Lot. Prior to .he recording of the Declaration, the incorporator shall be the sole member of the Association:

2. The share of each member in the funds and assets of the Association, and the Common Surplus, and any membership in this Association, cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Lot for which that membership is established.

3. h the event any Lot is owned by more than y e person andor by entity, the vote for such Lot shall be cast in the manner provided by the Bylaws. b y person or entity owning more than one Lot shall be entitled to one vote for each Lot owned.

4. ?he Bylaws shall provide for an annual meeting of the members of the Association and shall make provision for special meetings.

5 . The Association shall have the following classes of voting members:

(a) Class A. Class A members shall be all Owners, except the Declarant, and shali be entitled to one vote for each Lot owned.

(b) Class B. The la& B member shall be the Declarant, who shall be entitled to ten (10) votes for each Lot owned The Class B membership shall cease and be converted to CLass A membership ten (10) years fmm the date of recording the Declaration or 90 days after the Owners other than Declarant own 90% of the Lots,

ARTICLE V - TERM OF EXISTENCE

Existence of the Association shall commence with the filing of these Articles of Incorporation r3 with the Secretary of state, Tallahassee, Florida The Association shall exist in perpetuity. '

d

ARTICLE VI: - INCORPORATOR

4 The name and street address of the incoworator is: Sam Rodgm Properties, Inc., 575 Center -; Road, Venice, Florida 34292. 4

w ARTICLE VTI - DIRECTORS

m 1. The property, business and affairs of the Association shall be managed by a Board which -d shall consist of not less than three (3) diectors and which shall always be an odd number. The +_ =* Bylaws may provide for a method of determining the number of directors earn time to time. In the absence of a determination as to the number of directors, the Board shall consist of three ~4

( 3 ) directors. Directors are not required to be memben of the Association * J

2. All ofthe duties and powers ofthe Association existing under theDeclaration, theseecles 2- k3

and the Bylaws shall be exercised exclusively by the Board, its agents, conkactors ;or gwd employees, subject to approval by the members only when specifically required. 22-

3. The Declarant shall have the right to appoint all of the directors until 90 days after Declarant has conveyed 90% of the Lots within the Subject Property, or until ten (10) years after the Declaration is recorded in the public records in the county in which the Subject Property is .

located, whichever occurs first, and thereafter shall have the right to appoint one director as - long as the Declarant holds for sale in the ordinw course of business at least 5 percent of the

Lots. The Declarant may waive its right to elect one or more directors by written notice to the Association,.and thereafter such directors shall be elected by the members. When the Declarant no longer holds for sale in the ordinary course of business at least 5 percent of the Lots, all of the directors shall be elected by the members (including Declarant while it is still an Owner of any Lots) in the manner provided in the Bylaws.

'CCEPTED ~ i \ b OPE^ SESSION -- ocr P P 4 -

d A R D OF COUNTY COMMISSIONERS, MANATEE COUNTY J

4. Directors may be removed and vacancies on the Board shall be filled in the mmerprovided by the Bylaws; provided, however, to the extent that the Declmt retains the right 16 appoint dkectors, no director appointed by the Dtclaraot may be removed except by the Declarant,

The ofticen of the Association shaii be a president, vice president, secretary, treasurer and such other officers as the Board may fiom time to time by resolution create. The officers shall senre at the pleasure of the Board, and the Bylaws may provide for the removal from office of +officers, for sing vacancies, and for the duties of the officers.

1. The Association shall indemnify any person who was or is a pw, or is threatenid to be '

made a party, to any threatened, pending or contemp1ated action, suit or proceedihg, whether civil, crimioa, administrative or investigative (otheithan an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the 4.

Association, against expenses (including attorneys' fees), judgements, fines and amounts paid in settlement actually and reasonably incumd by him in connection with the 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 unlawhtl; except that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable to gross negligence or willful misfeasance or malfeasance in the performance of his duties to the Association unles3 and only to the extend that the court in which the 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 penon is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper. The termination of any action, suit or proceeding by judgement, order, settlemenf conviction, upon a plea of nolo contendere or its equivalent, shall not, in an of itself, create a presumptioa 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.

2. TO the extent that a director, officer, employee or agent of the Association has been . successful on the merits or othenvise in defense of any action, suit or proceeding referred to in Pafitgraph 1 above, or in defense of any claim, issue or matter therein, he shall be indmnnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith.

3. Any indemnification under Paragraph 1 above (unless ordered by a court) shall be made by -

the Association only as authorized in ?he specific case upon a determination that indemnif~cation of the Director, officer, employee or agent is proper under the circumstances because he has met the applicable standard of conduct set forth in Paragraph 1 above. Such

determination shall be made (a) by the Board by a majority vote of a quorum conskhg of Directors who were not parties to such action, suit of prowding, or (b) if such quonun is not obtainable, or, even if obtainable, a quonun of disinterested Directors so directs, by independent legal counsel in written opinion, or (c) by a majority of the Members.

d 4. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as

w

authorized by the Board in the specific case up& receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by the Association as authorized herein.

5. The indemnifcation provided herein shall not be deemed exclus'ive of any other rights or - which those ~ e e k i n ~ i n d e d c a t i o n may be entitled under the laws of the State of Florida, any - . d Bylaw, agreement, vote of members or otherwise, and as to action taken in an official capacity . .

while holding office, shall continue as to a person who has ceased to be a director,-officer, ur

einployee, or agent and shall inure to the benefit of the heirs, executors and administratoa of rl

such a person. rS

6. The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Association, or is or was serving at the request of the Association as a director, 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 X - BYLAWS

The first Bylaws shall be adopted by the Board and may be altered, amended or rescindedby the Declarant, the Directors andor members in the manner provided by the Bylaws.

Amendments to these Articles shall be proposed and adopted in the following manner: rl

1. A majority of the Board shall adopt a resolution setting foah the proposed amendment and directing that it be submitted to a vote at a meeting of the members, which may be the annual or a special meeting.

2. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote thereon within the time and in the manner provided in the Bylaws for t he giving of notice of a meeting of the members. If the

QC7 % a aJ2 4'

f PTED IN OPEN SESSIQU -4 ,MRD OF COUNTY C O M ~ S S I ~ & H S , MNATEE COUNTY

3r

meeting is an annual meeting, the proposed amendment or such sllmmary may be included in the notice of such annual meeting.

3. At such meeting, a vote of the members entided to vote thereon shall be taken on the proposed amendment The proposed amendment shall be adopted upon receiving the afkmt ive vote of a majority of the votes of the entire membership of the Association.

4. Any number of amendments may be submined to the members and voted upon by them at any one meeting.

5. If all of the directors and all of the members eligible to vote ,siga a written statement .- manifesting their intention that an amendment to these Articles be adopted, then the amendment .

shall thereby be adopted as though the above requirements had been satisfied.

6. No amendment shall make any changes in the qualifications for membership nor in the voting rights of members without approval by-all of the members and the joinder of all Institutional Lenders holding mortgages upon the h. No amendment shall be made that is in conflict with the Declaration. Prior to the closing of the sale of all Lots within the Propeq, -' no amendment shall make any changes which would in any way affect any of the rights, privileges, powen or options herein provided in favor of, or reserved to, the Declaranf unless the Declarant shall join in the execution of the amendment, including, but not limited to, any right of the Declarant to appoint directors pursuant to Article W.

zz 7. N o amendment to these Articles shall be made which discriminates against any Owner(s);

l-- or affects less than all of the Owners within the Property, without the written approvd of of 4 4 the Owners so discriminated against or affected. -

-.c-. a 8. Upon the approval of an amendment to these Articles, the articles of amendment shall be w - executed and delivered to the Department of State as provided by law, and a copy certified by +

a u

the Department of State shall be recorded in the public records of the county in which.the - e Subject Property is located. 2

s

ARTICLE X I - DISSOLUTION

The Association may be dissolved as provided by law, provided that any such dissolution must receive the affmnative vote of two-thirds of the votes of the entire membership of the Association, and any such dissolution shall alsqrequire the consent of Declarant so long as Declarant owns any portion of the Subject Property, or holds a mortgage encumbering any portion of the Subject Property other than a Unit. In the event of dissolution or final liquidation of the Assdciation, the assets, both real and personal, of the Association, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable to the same as those to which they were required to be devoted by the Associatioo. h the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, bust or other organization, to be devoted to purposes as nearly as practicable to the same as those to which they were required to be devoted by the Association. In the event of termination, dissolution or fmal liquidation of the Association, the .

7 Q C 1 2 2 m- rE$ iK 3pEN SESSION

;!..-t3O OF CClUNTV COKMISSI()NERS, MANATEE COUNT" ..-

responsibility for the operation and maintenance of the s&ace water or stomwater - --- management system must be transferred to and accepted by an entity which would ~ ~ m p l y with Section 40C-42.027, FA.C., and be approved by the Southwest Florida Water Management District prior to such termination, dissolution or liquidation. No such disposition of Association properties s h d be effective to divest or M s h any right or title of any Member vested in him under the recorded Declaration unless made in accordance with the provisions of such DecIaratiou.

ARTICLE XlD - INITIAL REGISTERED OFFICE ADDRESS AND NAME OF REGISTERED AGENT

The street address ofthe iaitial registered office of the Association shall be at 575 Center Road, '

Venice, FL 34292. The initial registered agent of the Association at that address Sam R -.

Rodgers. -

The undenigned hi0rp~&0r adopts these Articles of Incorporation this 5 day of - , ,2001.

SAM RODGERS PROPERTIES, mC. h

Sam R Rodgers, its President

a 4

a 2 a!! i_b"ZI hr 4

'+PCFPTED IN OPEN SESSlQM E ~ ~ A R D OF COUNTY COMMISSIONERS, MANATEE COUNTY J

ACCEPTANCE OF APPOINTMENT . F f ~ ~ o AS RIEGISTERED AGENT - " l ~ ~ Y 1 7 A;:

FOR GWYHAWKLANDING

PROPERTY OWNERS ASSOCIATION, INC., -* v: 4 !(jA a Florida corporation not-for-profit

Having been named to accept service ofprocess for the above stated corporation, at the place designated in the corporation's Articles of hcorpomtion, . the undersigned hereby -. achowledges and accepts the appointment and agrees to act in this capacity, and it further agrees to comply with the provisions of all statutes rehtive to the proper and complete performance of its duties.

BY:

ITS: ~ L ~ F J 0 ~ ~ 7

'EPTED IN OPEN SESSlON 6C1 2 a

~ ~ A A D OF COUNTY COMMISSIONERS. MANAT€E COUNTY

EXHIBIT "C"

BYLAWS OF

GREYHAWK LANDING PROPERTY OWNERS ASSOCLATION, INC.

a Florida corporation not-for-profit

1. GENERAL PROVTSIONS.

1 . I . Identification. These are the Bylaws of GREYHAWK LANDING PROPERTY OWNERS AS SOCIATION, INC., a Florida corporation not- for-pro fit, hereinafter referred to as the "Association". The Association has been organized for the purposes stated in the .

Articles and shall have all of the powers provided in these Bylaws, the Articles, the Declaration and any statute or law of the State of Florida, or any-other power incident to any of the above powers.

d 1.2. Princi~al Ofice. The principal office of the Association shall be at such place as

the Board may determine from time to time. w d

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 the name of the

Association, the year of its incorporation and the words "Corporation Not-for-Profitf'- The seal may be used by causing it, or a facsimile thereof, tb 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 books and records of the Association shall be open to inspection by all Owners or their authorized representatives, and all holders, insurers or guarantors of any fmt mortgage encumbering a Lot, upon request, during normal business hours or under other reasonable circumstances. Such records of the Association shall include those items from time to time required by law to be maintained which on the date of the initial adoption of these Bylaws includes the following:

1.5.1. Minutes of all meetings of the members and of the Board, these to be kept in a businesslike manner and retained for at least seven (7) years.

1.5.2. Copies of any plans, specifications, permits, and warranties related to improvements constructed on the Common Areas or other property that the Association is obligated to maintain, repair, or replace.

1 -5.3. A copy of the Declaration and of each amendment to it.

1.5.4. A certified copy of the Articles, and of each amendment to them. d

'CEPTED 1N OPEN SESSJO~ dOAAD OF COUNTY COMMISSIONERS, MANATEE COUNT d

1.5.5. A copy of these Bylaws and of each amendment to them.

1 5 6 . A copy of any current rules of the Association.

1.5 -7. A current roster of all members and their mailing addresses, Lot numbers, and, if known, telephone numbers.

1.5.8. All current insurance policies of the Association or a copy thereof, which policies must be retained for at least 7 years.

1.5.9. A curent copy of all contracts to which the Association is a party, including, without limitation, any management agreemen4 lease, or other contract under which the Association has any obligation or responsibility. Bids received by the Association for work to be performed must also be considered official records and must be kept for a period of 1 year.

1.5.1 0. The fmancial and accounting iecords of the Association, kept according to good accounting practices. All fmancial and accounting records must be maintained for a period of at least 7 years. The fmancial and accounting records must include:

1. Accurate, itemized, aod detailed records of all receipts and expenditures.

2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member,, the date and amount of each payment on the account, and the balance due.

3. All tax returns, fmancial statements, and fmancial reports of the association.

4. Any other records that identi@, measure, record, or communicate financial . information.

The Association shall be required to make available to prospective purchasen of Lots current copies of the Declaration, Articles and Bylaws, and the most recent annual financial statement of the Association.

1.6. Definitions. Unless the context othewise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Articles and the Declaration.

2, MEMBERSrn IN GENERAL.

2.1. Oualification. Pursuaclt to the Articles, all of the record owners of Lots shall be members of the Association. Membership for each Lot shall be established upon the recording of the Declaration. Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association, but its membmhip shall terminate upon the recording of the Declaration, unless it owns any Lot@).

2.2. ' Changes in Membership. The transfer of the ownership of any Lot, either voluntarily or by operation of law, shall automatically terninate the members hip of the prior Owner, and the transferee or new Owner shall automatically become a member of the Association. It shall be the responsibility of any such transferor and transferee of a Lot to notify the Association of any change in the ownership of any Lot, and the corresponding change in any membership, by delivering to the Association a copy of the deed or other instrument of conveyance which established a transfer of ownership. In the absence of such notification, the Association shall not be obligated to recognize any change in membership or ownership of a Lot for purposes of notice, voting, Assessments or for any other purpose.

2.3. Member Register. The secretary of the Association shall maintain a register in the ofice of the Association showing the names and addresses of the members of the Association. It shall be the obligation of each member of the Association to advise the secretary of any change of address of the member, or of the change of ownership of the member's Lot, as set forth above. Any member who mortgages his lot shall notify the Association of the name and address of his mortgagee. Any member who satisfies the mortgage encumbering his Lot shall also notify the Association thereof, and shall file a copy of the satisfaction of mortgage with the Association. The names and address of any such mortgagee shall also be maintained in the member register.

3. MEMBERSHIP V O T M .

3.1. Votine Rights. There shall be one (1) vote for each Lot owned by a Class A member' and ten (10) votes for each Lot owned by the Class B member, as defmed in the Articles of Incorporation. In the event any Lot is owned by more than one person, or is owned by a person other than an individual, the vote for such Lot shall be cast as set forth below, and votes shall not be divisible. In the event any member owns more than one (1) Lot, the member shall be entitled to one (1) vote for each such Lot.

3.2. Ma-iority Vote and Ouorum Requirements. 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 and Owners for all purposes, except where otherwise provided by law, in the Declaration, in the Articles or in these Bylaws. Unless otherwise so provided, at any regular or special meeting, the presence in person or by proxy of persons entitled to cast the votes for 30% of the total voting interests shall constitute a quorum.

3.3. Proxies. The members have the right to vote in penon or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy fom expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

3.4. Determination as to Voting Rights.

3.4.1. In the event any Lot is owned by one person, his right to cast the vote for the Lot shall be established by the record title to this Lot.

3.4.2. In the event any Lot is owned by more than one person or by an entity, the vote for the Lot may be cast at any meeting by any co-owner of the Lot, provided, however, that in the event a dispute arises between the co-owners i s to how the vote for the Lot shall be cast, or in the event the co-owners are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to cast the vote for the Lot on the matter being voted upon at that meeting, but their membership shall be counted for purposes of determining the existence of a q u o m For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Lot shall be deemed co-ownen of the Lot, and the directors and officers of a corporation owning a Lot shall be deemed co-ownen of the Lot.

4.1. Who Mav Attend. 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. In the event any Lot is owned by a corporation, any director or officer of the corporation may attend any meeting of the members. However, the vote for any Lot shall be cast in accordance with the provisions of -

Paragraph 3.4 above. Institutional Lenders have the right to attend all members meetings.

4.2. Place. All meetings of the members shall be held at the principal office of the Association or at such other place and at such t h e as shall be designated by the Board and stated in the notice of meeting.

4.3. Notices. Written notice stating the place, day and hour of any meeting and, in the case of a special meeting, the purpose or purpqses for which the meeting is called, shall be given by fmt class mail or personal delivery to each member entitled to vote at such meeting not less than five ( 5 ) nor more than sixty (60) days before the date of the meeting, either personally or by f ~ s t class mail, by or at the direction of the president, the secretary or the officer or persons calling the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail, addressed to the member at his address as it appears on the records of the Association, with postage thereon prepaid.' For the purgose of determining members entitled to notice of, or to vote at, any meeting of the members of the

ACCEPTED IN OPEN SESS]ON &CT 2 0 rn

BOARD OF COUNTY COMM{SSiONERS, MANATEE COUNT'

Association, or in order to make a determination of the members for any other purpose, the Board shall be entitled to rely upon the member register as same exists ten (1 0) days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in its sole and absolute discretion, do so. Notwithstanding the foregoing, if a Lot is owned by more than one person or by an entity, only one notice shall be required to be sent with respect to the Lot, which shall be given to any coowner as defmed in Paragraph 3.4.2. of these Bylaws. Notice to a member shall be sent to the Lot of such member or co-owner, unless the Lot Owner(s) of the Lot otherwise request Notice of any meeting in which assessments are to be established shall specifically contain a statement that assessments shall be considered and a statement of the nature of such assessments.

4.4. Waiver of Notice. Whenever any notice is'required to be given to any member - e under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver 4 thereof in writing signed by the person or persons entitled to such notice, whether hefore or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a 4

member at a meeting shall constitute a waiver of hotice of such meeting, except when the * member objects at the beginning of the meethg to the transaction of any business because the , 4 meeting is not tawfully called or convened.

.j

4.5. Annual Meeting. The annual meeting for the purpose of electing directors and d transacting any other business shall be held once each year at a time and place to be determined

rP by the Board and as is contained in the notice of such meeting. However, so long as Declarant is entitled to appoint a majority of the directors of the Association, no annual meetings will be =d

w required. Sd

v d 4.6. Special Meetings. Special meetings of the members may be called at any time by rn

any director, the president, or at the request, in writing, by not less than 10% of the members. bod Such request shall state the purpose of the proposed meeting. Business transacted at all special o 0 . J ' meeting shall be confined to the subjects stated in the notice of meeting. Notice of any special *

meeting shall be given by the secretary, or other officer of the Association, to all of the % d z

members within thirty (30) days after same is duly called, and the meeting shall be held within S d forty-five (45) days after same is duly called. d

4.7. Adioumments. Any meeting may be adjoumed or continued by a majority vote of the members present in person or by proxy and entitled to vote, and if no member entitled to vote is present, then any officer for the Association may adjourn the meeting fiom time to time. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjoumed meeting, if the time and place to which the meeting is adjoumed 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 rhe original meeting, without giving notice to the members which were present r~

at such meeting. .rr

4.8. Organization. At each meeting of the members, the president, the vice preside* or any person chosen by a majority of the members present, in that order, shall act as chairman of the meeting. The secretary, or in his absence or inability to act, my person appointed by the chairman of the meeting, shall act as secretary of the meeting.

4.9. Order of Bus hess. The order of business at the annual meetings of the members shall be:

4.9.1. Determination of chairman of the meeting;

4.9.2. Calling of the roll and certimg of proxies;

4.9.3. Proof of notice of meeting or waiver of notice;

4.9.4. Reading and disposal of any unapproved minutes;

4.9.5. Election of inspectors of election;

4.9.6. Determination of number of directors;

4.9.7. Election of directors;

4.9.8. Reports of directors, officers or committees;

4.9.9. Unfmished business;

4-9-10, New business; and

4.9.1 1. Adjournment.

4.10. Actions Without a Meeting. Any action required or permitted to be taken at any annual or special meeting of the members of the Association 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 a Lot is owned by more than one person or by a corporation, the consent for such Lot need only be signed by one person who would be entitled to cast the vote for the Lot as a co-owner pursuant to paragraph 3.4.2. of these Bylaws.

Q 2 4 &

ACCEPTED IN QPEK SESS!ON HOARD OF COUNTY COMMISSIONERS, MANATEE COUN

5. DIRECTORS. * 5.1. Membership. ul

5.1.1. The affairs of the Association shall be managed by a Board of not less than three (3) nor more than nine (9) directors. So long as the Declarant is entitled to appoint the majority of directon pursuant to the Articles, the number of directors will be determined, . and may be changed from time to time, by the Declarant by written not ice to the Board. After the Declarant is no longer entitled to appoint the majority of directon, the number of directors may be changed at any meeting where the members are to elect any directors (i) by the then existing Board, if prior to such meeting of the members the Board votes to change the number of directors and such change is indicated in the notice of the meeting sent to the members, or d (ii) by the members at the meeting prior to the election of directors. If the number of directors A

4 on the Board is not changed, then the number of directors shall be the same as the number on the Board prior to such meeting (plus any unfilled vacancies created by the death, resignation , d

or removal of a director). In any event there shall always be an odd number of dhectors. II

J' 5.2. Election of Directors by Members. Election of directors to be elected by the -

members of the Association shall be conducted in the following manner: w

5.2.1. Within sixty (60) days after themembers other than Declarant are entitled to elect any directors, as provided in the Articles, or within sixty (60) days after the Declarant notifies the Association that it waives its rights to appoint one or more directors, the Association shall call, and give not less than thirty (30) days nor more than forty (40) days notice of, a special meeting of the members to elect any directon the members are then entitled to elect, or to replace the appropriate number of dkectors previously appointed by the Declarant. Such special meeting may be called and the notice given by any member if the Association fails to do so. At such special meeting the members shall be required to elect any directors which they are entitled to elect, and if they fail to do so any directors appointed by Declarant which would have been replaced by any directors elected by the members may resign -

without further liability or obligation to the Association. In the event such a special meeting is called and held, at the meeting the members may elect not to hold the next annual meeting of the members if such next annual meeting would be less than six (6) months after the date of the special meeting, and upon such election the next annual meeting of the members shall not be held.

5.2.2. Except as provided above, the members shall elect directors at the annual members' meeting.

5.2.3. Prior to any special or annual meeting at which directors are to be elected by the members, the existing Board may nominate a committee, which committee shall nominate one person for each director to be elected by the members, on the basis that the number of directors to serve on the Board will not be altered by the members at the members meeting. Nominations for additional directorships created at the meeting shall be made horn the floor, and other nominations may be made fiom the floor.

5.2.4. The election of directors by the members shall be by ballot (unless dispensed with by unanimous consent) and by a p Iurality of the votes cast, each member voting being entitled to cast his votes for each of as many nominees as then are vacancies to be filled. There shall be no cumulative voting.

5.3. Term of Office. All directors elected by the members shall hold office until the next annual meeting of the members and until their successors are duly elected, or until such directof s death, resignation or removal, as hereinafter provided or as othawise provided by statute or by the Articles.

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 '

directors at the meeting at which they were elected, and no further notice of the organizational a

meeting shall be necessary, unless required by law.

5.5. Remlar Meetings. Regular meetings of the Board may be held at such tkne and place as shall be determined, fiom time to time, by a majority of the directors.

5.6. S~ecial Meetinas. Special meetings of the Board may be called by any director, or by the President, at any time.

5.7. Notice of Meetings. Notice of each meeting of the Board shall be given by the secretary, or by any other officer or director, which notice shall state the day, place and hour of the meeting. Notice of such meeting shall be delivered to each director either personally or by telephone or telegraph, at least forty-eight (48) hours before the time at which such meeting is to be held, or by fmt class mail, postage prepaid, addressed to such director at his residence, or usual place of business, at least three (3) days before the day on which such meeting is to be held. Notices of meeting shall be posted in a conspicuous place on the Subject Property at least forty-eight(48)hoursinadvance,exceptinanemergency.Noticeofanymeethghwhich . assessments are to be established shall specifically contain a statement that assessments shall be considered and a statement of the nature of such assessments. Notice of a meeting of the Board need not be given to any director who signs a waiver of notice either before or after the meeting. Attendance of a director at a meeting shall constitute a waiver or notice of such meeting and a waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a director states, at the beginning of the meeting, an objection to the transaction of any business because the meeting is not lawfu1Iy 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.

5.8. Attendance at Board Meetings. All meetings of the Board shall be open to all Members and Institutional Lenders except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. A director 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 directors and any Members present as in an open meeting.

5.9. Ouorum and Manner of Acting. A majority ofthe directon determined in the mannet provided in these Bylaws shall constitute a quonun for the transaction of any business at a meeting of the Board. The act of the majority ofthe directon present at a meeting at which a quonun is present shall be the act of the Board, unless the act of a greater number of directon is requbed by statute, the Declaration, the Articles or by these Bylaws. A director may join by written concunence in my action taken at a meeting of the Board but such concurrence may not be used for the purposes of creating a quorurn.

5.1 0. Adi ourned Meetin@. A majority of the directors present at a meeting, whether d

or not a quolum exists, may adjourn any meeting of the Board to another place and time. . rl

Notice of any such adj owed meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are , w announced at the time of the adjournment, to the other directors. At any adjourned meeting, rl

any business that might have been transacted at the meeting as originally called may be 4 transacted without further notice.

4

5.1 1. Presidine Officer. The presiding officer of the Board meetings shall be the d

president of the Association. In the absence of the president, the directors shall designate one w of their members to preside.

5.1 2. Order of Business. The order of business at a Board meeting shall be: a t---r.

lrJl

5.12.1. Calling of roll;

5.1 2.2. Proof of due notice of meeting;

5.12.3. Reading and disposal of any unapproved minutes; -* h h3

w + 5.12.4. Reports of officers and committees; w

5.12.5. Election of officers;

5.1 2.6. Unfinished business;

5.12.7, New business; and d

5.12.8. Adjournment.

5.1 3. Committees. The I3 oard may, by resolution duly adopted, appoint committees. &

Any committee shall have and may exercise such powers, duties and functions as may be 4

determined by the Board from time to time, which may include any powers which may be *

exercised by the Board and which are not prohibited by law fiom being exercised by a committee.

5.14. Resirnation. Any d k t o r may resign at any time by giving written notice of his resignation to another -or or officer. Any such 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, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to makc it effective.

5.15. Removal ofDirectors. Directors may be removed as follows:

5.15.1. Any director other than a director appointed by the Declarant may be removed by majority vote of the remaining directors, if such director (a) has been absent for the last three (3) consecutive Board meetings, andor adjournments and continuances of such meetings; or @) is an Owner and has been delinquent for more than thirty (30) days after written notice in the payment of Assessments or other moneys owned to the-Association. - -

, - - - -

5.15.2. Any director other than a director appointed by the Declarant may be removed with or without cause by the vote of a majority of the members of the ~skciation at a special meeting of the members called by not less than ten (1 0%) percent of the members of the Association 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. eJcr

5. i 6. Vacancies.

5.16.1. Vacancies in the Board may be filled by a majority vote of the directors UI --a then in office, though less than a quorum, or by a sole remaining director, and a director so w - chosen shall hold ofice until the next annual election and until his successor is duly elected, ES unless sooner displaced. If there are no directors, then a special election of the members shall - w be called to elect the directors. Notwithstanding anything contained herein to the contrary, the 3 Declarant at all times shall have the right to appoint the maximum number of directors m 0

permitted by the Articles, and any vacancies on the Board may be filled by the Declarant to the extent that the number of directors then swing on the board which were appointed by the Declarant is less than the number of directors the Declarant is then entitled to appoint. -

5.16.2. In the event that Association fails to fill vacancies on the Board sufficient to constitute a quonun in accordance with these Bylaws, any Lot Owner may apply to the Circuit Court of the County in which the Property is located for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to apply to the Circuit Court, the Lot Owner shall mail to the Association and post in a conspicuous place on the property served by the Association, a notice describing the intended action giving the Association the opportunity to fill the vacancies. If during such time the Association fails to fill the vacancies, the Lot Owner may proceed with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs and attorneys' fees.

OCF 2 L m2 ;C.CEFTED 1% OPES SFSSlON ---- iOARD OF COUNTY CGMMISSIQNERS, MANATEE COuN

The receiver shall have all powers and duties of a duly constituted member of the Board, and shall serve until the Association fills vacancies on the Board sufficient to constitute a quorum.

5.17. Directors Aqoointed by the DecIamt. Notwithstanding anything contained herein to the con-, the Declarant shall have the right to appoint the maximum number of directors in accordance with the privileges granted to the Declaraat pursuant to the Articles. A11 directors appointed by the Declarant shall serve at the pleasure of the Declarmt, and the Declarant shall have the absolute right, at any time, and in its sole discretion, to remove any director appointed by it, and to replace such director with another person to serve on the Board. Replacement of any director appointed by the Declarant shall be made by written instrument delivered to any officer or any other director, which instrument shall specify the name of the - person designated as successor director. The removal of any director and the designation of his successor by the Deckant shall become effective immediately upon delivery of such written instrument by the Declarant.

5.1 8. Compensation. The directors shall not be entitled to my compensation for sewing as Directors unless the members approve such -compemation, provided, however, the Association may reimburse any Director for expenses incuffed on behalf of the Association without approval of the members.

5.19. Powen and Duties. The directors shall have the right to exercise all of the powen 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 directors shall include, without limitation (except as limited elsewhere herein), the following:

5.1 9.1. Operating, caring, up keeping and maintaining the Common Areas, and any other portion of the Subject Property determined to bc maintained by the Board or the Association.

5.19.2. Prepare and adopt an annual operating budget, which budget would be '

sufficient in amount to pay for all necessary expenses and expenditures to be shared in common 2 - by the Owners, including a reasonable reserve for repairs, upkeep and replacement of Common 1 Areas and for contingencies.

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5.1 9.3. Determining the expenses required for the operation of the Association. * 5.19.4. Establishing, levying, collecting and Assessments for Common Expenses

from Owners required to pay same, and placbg liens on any Lot(@ for failure to pay any Assessment.

.rJ 5.19.5. Employing and dismissing personnel.

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5.1 9.6. Adopting and amending rules and regulations covering the details of the operation and use of property owned and/or maintained by the Association.

Ll; : g 2 ;;$i 3CFOTED IN OFEI? SESSION ,..-. -

GOARD OF COUNTY COMMISS!ONEaS, MANATEE COub @

5.19.7. Maintaining bank accounts on behalf of the Association and designating signatories required therefor.

5.1 9.8. Determine who shall ad as legal come1 for the Association whenever necessary.

5.19.9. Obtaining and reviewing insmce for p r o p a t y d and/or maintained by the Association.

5.19.10. .Making repairs, additions and improvements to, or alterations of, property owned andlor maintained by the Association.

5.19.1 1. Borrowing money on behalf of the Association; provided, however, that .

(i) the consent of the Owners having at least two-thirds (213) 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 my sum in- excess of 625,000.00; and (ii) no lien to secure repayment of k y sum borrowed may be created on any property without the consent of the owner of such property.

5.19.12. Contracting for the management and maintenance of property owned andlor maintained by the Association, authorizhg 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 the Declaration, the Articles, these Bylaws or my rules, and maintenance, repair and replacement of the Common Areas with 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 Association documents and the Dectaration, incIuding, but not limited to, the making of Assessments, enforcement of the Declaration, Articles, Bylaws, and any rules, promulgation of rules, and execution of contracts on behalf of ihe Association.

5.19.13. Exercising all powers specifically set forth in the Declaration, the Articles, these Bylaws, and as otherwise provided by statute or law, and all powers incidental thereto or implied therefrom.

5.19.14. Entering into and upon any portion of the Subject Property, including Units, when necessary to maintain, care and preserve any property in the event the Owner fails to do so.

5.1 9.1 5 . Collecting delinquent Assessments by suit or othewise, abating nuisances, and enjoining or seeking damages fiom the Owners or anyone else for violations of these Bylaws and the terms and conditions of the Declaration or of the Rules and Regulations of the Association.

5.1 9.1 6. 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 tfie Association;intended to provide for the enjoyment, recreation, or other use and benefit of the Owners and declaring expenses in connection therewith to be Common Expenses; all in such fom 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.

5.1 9.1 7. Owning, leasing, acquiring, building, operating, and main- streets, 3r roads, rights-of-way and fighting facilities incident thereto, dra'iage facilities, ditches, retention

. and detention ponds, landscape buffers, wetlands mitigation areas, preservation easements and 3'

recreation facilities, and any other real or personal property, all for 'the benefit of the Owners. r~

3' 5.19.18. Insofar as permitted by law, to do any other thing that, in the opinion ,

of the Board, will promote the common benefit and enjoyment of the Owners. * 6. OFFICERS.

6.1. .Members and Oualifications_. The officers of the Association shall include a 4 president, a vice president, a treasurer and a secretary, all of whom shall be elected by the d directors and may be pre-emptively removed from office with or without cause by the directors.

lrrl 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 m

w d Association from time to time. Each officer shall hold office until the meeting of the Board --a

following the next annual meeting of the members, or upti1 his successor shall have been duly X d elected and shall have qualified, or until his death, or until he shall have resigned, or until he 2 % - shall have been removed, as provided in these Bylaws. bo J = * 6.2. Resimations. Any officer may resign at any time by giving written notice of his - - v resignation to any director or officer. Any such resignation shall take effect at the time % * specified therein, or if there is no time specified therein, immediately upon its receipt; and w unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation effective. *

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6.3. Vacancies. A vacancy in any office, whether arising from death, resignation, removal or any ofher cause may be filled for the unexpired portion of the tern of the office which shall be vacant in the manner prescribed in these Bylaws for the regular election or appointment of such office. J

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 ofice of president of an association or corporation, including, but not limited to, the power to appoint committees from among the members from time to time, as he may in his discretion deem appropriate to assist in the conduct of the affairs of the Association.

f 3 jl

1.J I,'? 2 2 a,&& b L . d

"'PTED 1N OPEN SESS;ON . . v n d ~ OF COUNTY C&jh;jjSIaNsAS, IIZANATEE COUNTY j

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 directors.

6.6. The Secretam. The secretary shall prepare and keep the minutes of all proceedings of the directon and the members. He shall attend to the giving and senring of all notices to the members and directors and other notices required by law. He shall have custody of the seal of the Association and a& the same to instruments requkbg a seal when duly executed. He shall keep the records of the Association, except those of the treasurer, and shall perform all other duties incident to the ofice of secretary of an association, and as may be required-by the directors or the president

6.7. The Treasurer. The treasurer shall have custody of ail property o f t Association, including funds, securities and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, - which; together - with -

- - .'

substantiiting papers, shall be made available to the Board for examination at reasonable times. He shall submit a Treasurer's Report to the Board at reasonable intervals and shall perform all - other duties incident to the office of treasurer. He shall collect all Assessments and shall report to the Board the status of collections as requested.

6.8. Com~ensation. The officers shall not be entitled to compensation unless the Board specifically votes to compensate them. However, neither this provision, nor the provision that directors will not be compensated unless othenvise determined by the members, shall preclude the Board from employing a director or an officer as an employee of the Association and compensating such employee, nor shall they preclude @e Association from contracting with a director for the management of property subject to the jurisdiction of the Association, or for the provision of sewices to the Association, and in either such event to pay such director a reasonable fee for such management or provision of services.

7. FINANCES ANI) ASSESSMENTS.

7.1. Assessment Roll. The Association shall maintain an Assessment roll for each Lot, designating the name and current mailing address ofthe Owner, the amount of each Assessment against such Owner, the dates and amounts in which the Assessment come due, the amount paid upon the account of the Owner, and the balance due.

7.2. Budget Pursuant to paragraph 5.1 9+of these Bylaws, the Board of Directors shall have the power and duty of preparing and adopting an annual operating budget for the Association. The Board of Directors shall mail a meeting notice and copies of the proposed annual budget of Common Expenses to Owners prior to the Board meeting at which the budget will be considered. Notice of any meeting which Assessments against parcels are to be established shall specifically contain a statement that Assessments shall be considered and a

. . statement of the nature of each Assessment. The meeting will be open to Owners, and if an adopted budget requires Assessment against Ownen in any fiscal or calendar year exceeding

0 . c ~ 2 2 i!W !:EPTEP IN OPEN SESSjt3W

.JAR9 OF CirU&TY COMMISSID:JERS, MANATEE COUNn

& 1 15% of the ~ssessments for the preceding year, the Board, upon written application of 25% of Class A members to the Board, shall call a special meeting of the Owners within thirty (30) J'

days, upon not less than ten (1 0) days written notice to each Owner. At the special meeting, IJ

Owners shall consider and enact a budget, and the adoption of such budget shall require a vote rp of not less than a majority of those Udt Owners present in person or by proxy, provided that a quorum is present. The Board may propose a budget to Owners at a meeting of membas or d

in writing, and if the budget or proposed budget is approved by Owners at the meeting or by d

majority of Owners in writing, the budget shd be adopted. In determining whether .rl Assessments exceed 1 1 5% of similar Assessment in prior years, any authorized provisions for reasonable reserves for repair or replacement of the Association property, expenses which are d

not anticipated to be incurred on a regular or annual basis (such as, but not limited to, expenses w incurred in connection with lawsuits against the Association or incurred in connection with d - damage to property or injury or death to any person which are not covered by insurance

'

proceeds), and Assessments for betterment to the Association property or the Common Areas .. 4

shall be excluded kom the computation. 4 w *g

7.3. Depositories. The funds of the Associalion shall be deposited in such bark and depositories as may be determined and approved by appropriate resolutions of the Board fkom d

time to time. Funds shall be withdrawn only upon checks and demands for money signed by w such officers, directors or other persons as may be designated by the Board. Fidelity. bonds shall be required of all signatories on any account of the Association as provided for by the Declaration except for the Declarant.

7.4. Aoolication of Pavments and Comminnlinp of Funds. All sums collected by the Association fiom Assessments may be commingled in a single fund or divided into more than one fund, as determined by the Board.

7.5. Accounting Records and Re~orts. The Association shall maintain accounting records according to good accounting practices. The records shall be open to inspection by Owners and Institutional Lenders or their authorized representatives, at reasonable times. The records shall include, but not be limited to, (a) a record of all receipts and expenditures; @) the Assessment roll of the members referred to above; and (c) such other items as may be required by law. The Board may, and upon the vote of a majority of the Association shall, conduct a review of the accounts of the Association by a certified public accountant, and if such a review is made, a copy of the report shall be furnished to each member, or the member's authorized representative, within fifteen (1 5 ) days afier same is completed.

7.6. Reserves. The budget of the Association shall provide for a reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Areas and those other portions of the Subject Property which the Association is obligated to maintain.

8. PARLIMNTARY RULES. 3r

4 8.1. Roberts' Rules of Order (latest edition) shall govern the conduct of the Association

meetings when not in conflict with any Declaration, the A-ticles or these Bylaws. 4

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15 w

9. AMENDMENTS.

Except as orhenvise provided, these Bylaws may be amended hi the following manner:

9.1. Notice. Notice of the shject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is to be considered.

9.2. Initiation. A resolution to amend these Bylaws may be proposed either by any director or at the direction of ten (10%) percent or more of the members of the Association.

9.3. Ado~tion of Amendments.

9.3.1. A resolution for the adoption of the proposed amendment shall be adopted either. (a) by unanimous vote of all of the directors; or (b) by not less than a majority of the votes of the entke membemhip of the Association. Any amendment approved by the members may provide that the Board may not further amend, modify or re@ such amendment.

9.3.2. Notwithstanding anything contained herein to the contrary, so long as the -

Declarant is entitled to appoint a majority of the directors, the Declarant shall have the right to unilaterally amend these Bylaws without the joinder or approval of the Board or any member, and so long as the Declarant owns any Lot, no amendment to these Bylaws shall be effective without the written approval of the Declarant.

9.4. 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 and the joinder of all record owners of mortgages upon the Lots. No amendment shall be made that is in conflict with the Declaration or the Articles. Prior td the closing of the sale of all Lots, 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 Declarant, unless the Declarant shall join in the execution of the amendment, including, but not limited to, any right -

of the Declarant to appoint directors.

9.5. ,No amendment to these Bylaws shall be made which discriminates against any Owner(s), or affects less than all of the Owners without the written approval of all of the Owners so discriminated against or affected.

9.6. Execution and Recording. No modification of, or amendment to, the Bylaws shall be valid until recorded in the public records o f $e county in which the Property is located.

10. MISCELLANEOUS.

10.1. 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.

10.2. 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.

1 0.3. Conflicts. In the event of any conflict, the Declaration, the Articles and these w Bylaws shall govern, in that order.

10.4. Ca~tions. 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 ofthese Bylaws or the intent of any provisions hereof.

10.5. Waiver of Ob-iections. The failure of the Board or any officers of the Association to comply with any terms and provisions of the Declaration, the Articles or these Bylaws which relate to lime limitations shall not, in and of itself, invalidate the act done or performed. Any such failure shall be waived if it is not objected to be a member of the Association within ten (1 0) days after the member is notified, or becomes aware, of the failure. Furthermore, if such ,

failure occurs at a general or special meeting, the failure shall be waived as to all members who received notice of the meeting or appeared and failed to object to such failure at the-meeting. -

- The foregoing was adopted as the Bvlaws orthe Associatiocl at the First Meeting of the Board on the day of ,2001.

@[?T 2. 2 im CCEPf EE IN OPEN SESSION

* 17 JSAHD OF COUNTY COMMISSIDNE~~S, MANATEE COUNTY