PREPARED BY AND RETURN TO:
Christian F. O'Ryan, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
401 East Jackson Street, Suite 2200
Tampa, Florida 33602

111111111111111111111111111r
GFN	20:1.807214-1.
Bi'. ':,:nv Ps s 3- 1.0 6 0 011 pg ;)
DATE 05/07/2108 10 53:54 AM ARMMmo fW ilREZ;	CLERK OF COLHn, OSCEOLA COUNTY
fu ORDING FEES $885. 50

MASTER DECLARATION FOR
TOHOQUA

TABLE OF CONTENTS
Recitals	1
Definitions	1
Plan of Development.	6
Amendment	7
Annexation a	awal	8
Dissolution	9
Binding Effe t  nd	bership	9
Paramount Ri	e	nt	11
Common Areas	aciii i  s	11
Maintenance by t	Ass ci lion	17
Maintenance by O	r	19
:	!!e : i i-	_......··;	--.-. -N gl -ig  t·E···;; ;h 	i·:::::::::::::::::::::::::::
Responsibility for	r	a·    and Replacement. 	31
Property Rights	34
Tohoqua Community Develop	District	36
Assessments	40
Information to Lenders, -- and Owners	46
Design Control	47
Enforcement.	51
Additional Rights of Declarant and Authorized Builders	53
Refund of Taxes and Other Charges	57
Assignment of Powers	57
General Provisions	57
Surface Water Management System	59
Resolution of Disputes	63

Exhibits:

Exhibit 1 - Legal Description Exhibit 2 - Articles of Incorporation Exhibit 3 - Bylaws
Exhibit 4 - Permit

MASTER DECLARATION FOR
TOHOQUA
THIS MASTER DECLARATION FOR TOHOQUA (this "Declaration") is made this o< ay of April, 2018, by TOHOQUA DEVELOPMENT GROUP, LLC, a Florida limited liability company (the "Declaran"t), joined in by TOHOQUA MASTER ASSOCIATION, INC., a Florida not-for-profit corporation (the "Association").

RECITALS

The Declarant is the record title owner of the real property  located  in  Osceola  County, Florida, more particularly described on Exhibit 1 attached hereto and incorporated herein by reference ("TOHOQUA").

The Declarant hereby desires to subject TOHOQUA to the covenants, conditions and restrictions contained in this Declaration.

This Declaration is a covenant running with all of the land comprising TOHOQUA, and each present and future owner of interests therein and their heirs, successors and assigns are hereby subject	claration.

"Articles"  shall  mean the  A·	ncorporation of the Association filed with the Florida Secretary of State in the form attached hereto as Exhibit  2 and made a part hereof, as amended  from  time to time.

"Assessments"  shall mean any assessments  made in accordance  with this Declaration  and as further defined in Section 17.1 hereof.

"Association" shall mean TOHOQUA MASTER ASSOCIATION, INC., a Florida not-for-profit corporation, its successors and assigns.

"AuthorizedBuilde"r  shall mean any Builder (as defined herein) that has been authorized by the Declarant to exercise certain rights, privileges and exemptions as provided herein. Authorized Builders shall be entitled to exercise certain rights, privileges and exemptions under this Declaration so long as they are the record title owners of any Lot. MATTAMY ORLANDO LLC, a Delaware limited liability company ("Mattamy") is hereby approved by the Declarant as an "Authorized Builder."

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

"Builder" means any person or entity other than the Declarant who (i) holds title to a Lot prior to, during and until completion of construction of  a Home thereon  (as evidenced by issuance  of  a certificate of occupancy) and the sale of such Home to a third party, and (ii)  is duly licensed, either  itself  or through an affiliated entity, to perform construction services. The term "Builders" shall collectively refer  to  all persons or entities meeting the definition of "Builder" as provided herein.

"Bylaws" shall mean the Bylaws of the Association in the form attached hereto as Exhibit 3 and made a part hereof, as amended from time to time.

"Ci ty" shall mean the City of St. Cloud, Florida.

"C ommon Areas " shall mean all real property interests and personalty within TOHOQUA designated as Common Areas from  time to time by the Oeclarant, by the Plat or by recorded amendment  to this Declaration  and provided  for, owned, leased by, or dedicated  to, the common  use and enjoyment  of the Owners within TOHOQUA. The Common Areas may include, without limitation , entrance features , buffer or landscaped areas, open space areas, internal buffers, perimeter buffers , perimeter walls and fences , easement areas owned by others, any private rights of way, irrigation facilities, sidewalks, street lights, and commonly used utility facilities . The term "Common Area s" shall include Exclusive Common Areas as defined herein. NOTWITHSTANDING ANYTHING  HEREIN  CONTAINED  TO  THE CONTRARY, THE DEFINITION OF "COMMON AREAS " AS SET FORTH IN THIS DECLARATION IS  FOR DESCRIPTIVE PURPOSES ONLY AND SHALL IN NO WAY BIND, OBLIGATE OR LIMIT THE DECLARANT TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS SET FORTH IN  SUCH DESCRIPTION. THE CONSTRUCTION OR SUPPLYING OF ANY SUCH ITEM BEING IN THE DECLARANT'S SOLE DISCRETION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REPRESENTATION OR WARRANTY AS TO THE EXTENT OF THE COMMON AREAS TO BE O ED BY THE ASSOCIATION , EXCEPT AFTER CONSTRUCTION AND CONVEYANCE OF ANY U EM TO THE ASSOCIATION. FURTHER, AND WITHOUT LIMITING THE FOREGOING,  CE        N         AS THAT  WOULD  OTHERWISE  BE COMMON  AREAS  SHALL  BE OR HAVE BEEN CONV	T HE COD AND SHALL COMPRISE PART OF THE FACILITIES. COD FACILITIES  SHALL NOT I		MMON AREAS. MOST, IF NOT ALL, COMPONENTS THAT ARE TYPICALLY  CONSIDERED			AREA" OF A DEVELOPMENT OF THIS NATURE HAVE INSTEAD BEEN DESIGNAT			OF THE COD FACILITIES.

II mean the date upon which all Homes in TOHOQUA, as ave been conveyed by the Declarant and/or Builders to

"Contractors" shall have th

"Declarant" shall mean TOHOQUA DEVELOPMENT GROUP, LLC, a Florida limited liability company, or any successor or assign who has or takes title to any portion of the property described in Exhibit 1 for development and/or sale and who is designated as the Declarant  in  a written  instrument which the immediately preceding Declarant executes. The Declarant shall have the right to assign all or a portion of any rights granted to the Declarant in this Declaration. The Declarant shall also have the right to assign all or a portion of any obligations of the Declarant in this Declaration. In the event of a partial assignment of some, but not all, Declarant rights and/or obligations, the assignee shall not be deemed the Declarant, but may exercise only those rights, or shall be responsible for only those  obligations,  of Declarant assigned to such assignee. Additionally, any partial assignee that does not assume all of the obligations of Declarant shall not be deemed the Declarant. BY ACCEPTANCE OF A DEED TO A LOT, EACH OWNER ACKNOWLEDGES THAT MATTAMY WAS NOT AND IS  NOT  THE  INITIAL DEVELOPER OF TOHOQUA.

"Declaration" shall mean this MASTER DECLARATION FOR TOHOQUA, together with all amendments and modifications thereof.

"Design Review Board" or "ORB " shall mean the Design Review Board for TOHOQUA  established pursuant to Section 19.1 hereof.

"Design Review Manual" shall mean such standards of design, maintenance  or other  activity,  if any , established by the Declarant or the ORB pursuant to Section 19.5 hereof.

TOHOQUA
D eclaration
2

"District" or "CDD" shall mean the TOHOQUA COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing pursuant to Chapter 190, Florida Statutes, together with any additional community development districts (as defined  in  Chapter  190,  Florida Statutes) or special districts (as defined in Chapter 189, Florida Statutes) that may service TOHOQUA or any portion thereof.

"District Debt Service Assessments" shall have the meaning set forth in Section 16.2 hereof.

"District Maintenance Special Assessments" shall have the meaning set forth in Section 16.2
hereof.

"District Revenue Bonds" shall have the meaning set forth in Section 16.2 hereof.

"Electronic Transmission" shall mean any form of communication, not directly involving the physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and reviewed by a recipient and which may be directly reproduced  in a comprehensible  and legible  paper  form by such .recipient through an automated process. Examples of Electronic Transmission include, without limitation, telegrams, facsimile transmissions and text that is sent via electronic mail between computers. Electronic Transmission may be used to communicate with only those members of the Association who consent·f·f]·nto receiving notice by Electronic Transmission.   Consent by a member to receive notice by  Elect   n·	smission shall be revocable by the member only by written notice to the Board.

"Exclusive Common re " all mean and refer to a portion  of  the  Common  Area  primarily benefiting one or more, but le s an , eighborhoods, as more particularly described in Section 9.14.

"Governing Documents" sha mean this Declaration, the Articles, the Bylaws, the Rules and Regulations, the Design Review Manual, and any applicable Supplemental Declaration all  as amended from time to time.

"Home" shall mean a residential dwelling and appurtenances thereto constructed on a Lot within TOHOQUA. The term Home may not reflect the same division of property as reflected on the  Plat.  A  Home shall be deemed created and have perpetual existence upon the issuance of a final or temporary Certificate of Occupancy for such residence; provided,  however,  the subsequent  loss of  such Certificate of Occupancy  (e.g., by casualty or remodeling)  shall not affect the status of a Home, or the obligation of  an Owner to pay Assessments with respect to such Home. The term "Home" includes any interest in land, improvements, or other property appurtenant to the Home.

"Immediate Family Members" shall mean regardless of actual or perceived sexual orientation, gender identity or legal marital status, the individuals living as a family unit in the Home, including, without limitation, the Owner's child, spouse or domestic  partner, parent, grandparent,  or any other  person living in the Home who qualifies as a "Family Member" as defined under FHA Single Family Housing Policy Handbook 4000.1. No person shall qualify as an Immediate Family Member unless such person is living with the Owner within the Home. All references to "family members" of Owners used in this Declaration shall mean "Immediate Family Members."

"Individual Assessments" shall have the meaning set forth in Section 17.2.5 hereof.

"Initial Contribution" shall have the meaning set forth in Section 17.11 hereof.

TOHOQUA
Declaration
3

"Installment Assessments" shall have the meaning set forth in Section 17.2.1 hereof.

"Lende r" shall mean (i) the institutional and licensed holder of a first mortgage encumbering a Lot or Home or (ii) the Declarant, Authorized Builders and their affiliates, to the extent the  Declarant,  Authorized Builders and their affiliates finances  the purchase  of  a Home or Lot initially  or by assignment of an existing mortgage .

"Lessee" shall mean the lessee named in any written lease respecting a Home who is legally entitled to possession of any Home within TOHOQUA.

"Lot" shall mean any platted lot shown on the Plat. The term "Lot" includes any interest in land, improvements, or other property appurtenant to the Lot, including, without limitation, a Home.

"Lot Wall/Fence" shall mean any fence or wall built as part of the original construction of two or more Homes that is placed on the dividing line or platted lot line between the Lots of such Homes.

"Master Plan" shall mean collectively any full or partial concept plan for the development of TOHOQUA, as it exists as of the date of recording this Declaration, regardless of whether such plan is currently on file with one or more governmental agencies . The Master Plan is subject to change as set forth herein. The Master Pia is not a representation by the Declarant as to the development of TOHOQUA, as the Declar	es the right to amend all or part of the Master Plan from time to time.

"Neighborho  od"	an and refer to a group of Homes designated as a separate Neighborhood pursuant to t          cl         nor  a Supplemental Declaration designating a Neighborhood.  A Neighborhood may be compri f m than one housing type and may include noncontiguous Homes.

"Nei hborhood Associati	"	·.=- Y condominium association, as defined by Chapter
718,  Florida  Statutes,  or  any  homeo       rs  association,  as  defined  by  Chapter  720,  Florida  Statutes, having authority to administer additional covenants applicable  to a particular  Neighborhood.  Nothing in this Declaration requires the creation of a Neighborhood Association, and Neighborhoods may exist hereunder without  a Neighborhood  Associ ation.  The  jurisdiction of any Neighborhood  Association shall be subordinate to that of the Association. So long as the Declarant owns any portion of TOHOQUA, no Neighborhood Association may be formed without the express written consent of the Declarant.

"Neighborhood Declaration" shall mean and refer to the  declaration  of  covenants,  conditions and restrictions applicable to a particular Neighborhood, which may include use restrictions and specific maintenance obligations applicable to such Neighborhood(s) . In the event of a conflict between this Declaration and any applicable Neighborhood Declaration, the terms of this Declaration  shall  control except to the extent that such Neighborhood Declaration provides specific use restrictions  and maintenance requirements for the Neighborhood. The lien rights provided in  any  Neighborhood Declaration shall be subordinate to the lien rights provided in this Declaration.

"Neighborhood Expenses " shall mean and refer to the actual and estimated expenses which the Association incurs or expects to incur for the benefit of Owners of Homes  within  a  particular  Neighborhood or Neighborhoods.

"Operating Expenses" shall mean all actual and estimated costs and expenses of operating the Association as provided herein. Operating Expenses may include, without limitation,  the  following:  all costs of ownership, maintenance, operation, and administration of the Common Areas, including, without limitation, all amounts payable by the Association under the terms of this Declaration; all costs of

TOHOQUA
Declarat'lon
4

community lighting including up-lighting and entrance lighting (except for the costs of street  or  other lighting applicable to the COD); amounts payable to a Telecommunications Provider for Telecommunications Services furnished to Owners; utilities; taxes; insurance; bonds; salaries;  management fees; professional fees; pest control costs; service costs; costs of supplies; maintenance, repair, replacement, and refurbishment costs; all amounts payable in connection with Association sponsored social events; and any and all costs relating to the discharge of the Association's obligations hereunder, or as determined to be part of the Operating Expenses by the Board. By way of example, and not of limitation, Operating Expenses shall include all of the Association's legal expenses  and  costs relating to or arising from the enforcement and/or interpretation of this Declaration. Notwithstanding anything to the contrary herein, Operating Expenses shall not include Reserves. If any of the foregoing items identified as possible Operating Expenses are included as District Maintenance  Special Assessments, the same shall not be included in Operating Expenses.

"Owner" shall mean the record title owner (whether one or more persons or entities) of fee simple title to any Lot. The term "Owner" shall not include the Declarant or Builders, even  after  the Turnover  Date.

"Parcel" shall mean a platted or unplatted lot, tract, unit or other subdivision of real property upon which a Home has been, or will be, constructed. Once improved, the term Parcel shall include all improvements  thereona nrtenances  thereto.  The  term  Parcel, as used herein, may include  more than one Lot.

tolr.

"Permit" shall m	r It No. 49-02426-P issued by SFWMD, a copy of which is attached
hereto as Exhibit 4, as amen	ified from time to time.

"Plat"  shall mean any    !		ortion of TOHOQUA filed in the Public Records, from time to time.  This  definition  shall  be	r I amended to include the plat of any additional phase of TOHOQUA,  as such phase is adde    o			claration.

ecords of Osceola County, Florida.

"Reserves" shall have the m

"Rules and Regulations" sha mean the Rules  and  Regulations  governing  TOHOQUA  as adopted by the Board from time to time. The Rules and Regulations may be incorporated in the Design Review Manual or may be adopted separately by the Declarant or the Board, as applicable. To the extent authorized by the COD, the Association shall have the right to adopt and enforce Rules and Regulations applicable to the Facilities and shall have the right to take enforcement action against any  Owner  to compel compliance with the Rules and Regulations whether they apply to the Common Areas or to the Facilities.

"SFWMD" shall mean the South Florida Water Management District.

"Special Assessments" shall mean those Assessments more particularly described as Special Assessments in Section 17.2.2 hereof.

"Supplemental Declaration" shall mean and refer to an instrument filed in the Public Records pursuant to Section 5.1 which subjects additional property to this Declaration, designates Neighborhoods, creates additional classes of members, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. The Declarant may, by Supplemental Declaration, create additional classes of membership with such rights, privileges and obligations as may be specified in such Supplemental Declaration in recognition of the different character and intended use of the property subject to such Supplemental Declaration.

"Surface Water Management System" or "SWMS" shall mean the collection of devices, improvements, or natural systems whereby surface waters are controlled, impounded or obstructed. This

TOHOQUA
Declaration
5

term includes exfiltration trenches, mitigation areas, swales, retention and detention areas, water management areas, ditches, culverts, structures, dams, impoundments, reservoirs, drainage easements and those works defined in Section 373.403, Florida Statutes (2017). The Surface Water Management System includes those works authorized by SFWMD  pursuant  to the Permit.  The SWMS will be part of  the Facilities and will be maintained by the COD.

"Telecommunications Provider" shall mean any party contracting with  the  Association  to provide Owners with one or more Telecommunications Services. With respect to any particular Telecommunications Services, there may be one or more Telecommunications Providers.

"T elecommunicationsServices" shall mean delivered entertainment services, if provided; all services that are typically and in the future identified as telecommunication services; cable television services; and data transmission services. Without limiting the foregoing, such  Telecommunications Services may include the development, promotion, marketing, advertisement, provision, distribution, maintenance, transmission, and servicing of any of the foregoing services. The term Telecommunications Services is to be construed as broadly as possible.

'T itle Documents" shall have the meaning set forth in Section 24.8 hereof.

" Wetland Conservation  Ar	ave e meaning set forth in Section 25.4 herein. The Wetland Conservation Areas will be part of the Facilities and will be owned and maintained by the COD.

Plan of Development.

Plan. The planning process for TOHOQUA is an ever-evolving one and must remain flexible in order to be responsible to and accommodate the needs of the community. Subject to the Title Documents, the Declarant may and has the right to develop TOHOQUA and adjacent property owned by the Declarant into residences, comprised of homes, villas, coach homes, townhomes, patio homes, single-family homes, estate homes, multi-family homes, condominiums, rental  apartments,  and  other forms of residential dwellings. The existence at any point in time of walls, landscape screens, or berms is not a guaranty or promise that such items will remain or form part of TOHOQUA as finally developed .

Governing Documents. The Governing Documents create a general plan of development for TOHOQUA which may be supplemented by additional covenants , restrictions and  easements applicable to particular Neighborhoods within TOHOQUA. Nothing in this Section shall preclude any Supplemental Declaration or other recorded covenants applicable to any portion of TOHOOUA from containing additional restrictions or provisions that are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners, Builders and to all occupants of Homes, as well as their respective Lessees, guests and invitees. Any Lease Agreement (as defined herein) for a Home within TOHOQUA shall provide that the Lessee  and all occupants  of  the leased Home shall be bound by the terms of the Governing Documents.  Specific  requirements  for Lessees are set forth in this Declaration. If there is any conflict between the provisions of Florida law, the Articles of Incorporation, the Bylaws and this Declaration, the provisions of Florida law as it exists as of

TOHOOUA
Declaration
6

the date of recording this Declaration, this Declaration, the Articles and the Bylaws, in that order, shall prevail.

Site Plans and Plats. Site plans or the Plat may identify some of the Facilities or Common Areas within TOHOQUA. The description of the Facilities or Common Areas on the Plat or site plans is subject to change and the notes on a Plat are not a guarantee of  what improvements  will be constructed as Facilities or Common Are as. Site plans and renderings used by the Declarant or Builders in their marketing efforts may illustrate the types of improvements that may be constructed as Facilities  or Common Areas but such site plans are not a guarantee of what improvements will actually be constructed as Facilities or Common Areas. Each Owner should not rely on the Plat or any site plans  used for illustration purposes as the Declaration governs the rights and obligations of the Declarant  and Owners with respect to the Common Areas or Facilities.

Neighborhood Designation. Certain Homes within TOHOQUA may be located within a Neighborhood. This Declaration or a Supplemental  Declaration  may designate  Homes,  Lots,  or  Parcels to a Neighborhood (by name, tract, or other identifying designation), which Neighborhood may be then existing or newly created. So long as it has the right to subject additional property to this Declaration pursuant to Section 5.1, the Declarant may amend this Declaration or any Supplemental Declaration to re-designate Neighborhood boundaries.

Amendment.

General

Amendment s. Notwithstanding any other provision herein to the

r

contrary,   no   amendment to  5i	ration shall affect the rights of the Declarant unless such amendment receives the prio ritte c nsent of the  Declarant,  which  consent may be withheld for any  reason whatsoever.  Further  no  ·     t    ·     any other provision herein to the contrary, no amendment to this Declaration shall materially a a er affect the Lots owned by Authorized Builders, unless such amendment  receives  the  pri  r   ·			t of such Authorized Builders who own Lots which are materially  and  adversely  affe e        '.		e dment, which written consent shall not be unreasonably withheld, delayed or conditione . No---ct.rru llll':int shall alter the provisions of this Declaration benefiting Lenders without  the prior  approval of  the L			s) enjoying the benefit of such provisions. If the prior written approval of any governmen ntit o a y having jurisdiction is required by applicable law or governmental regulation for any arnEi1l;t!IieiAt---re--tt!l1 Declaration, then the prior written consent of such entity or agency must also be obtained. All amendments must comply with Section 25.2 which benefits SFWMD. No amendment shall be effective until it is recorded in the Public Records.

No Vested Rights. Each Owner by acceptance of a deed to a Home irrevocably  waives any claim that such Owner has any vested rights pursuant to case law or statute with respect to this Declaration or any of the other Governing Documents. It is expressly intended that the Declarant and the Association have the broad right to amend this Declaration  and the other  Governing  Documents, except as limited by applicable law as it exists on the date this Declaration is recorded in the Public Records or except as expressly set forth herein.

Amendments Prior to the Turnover. Prior to the Turnover, the Declarant  shall have the right to amend this Declaration as it deems appropriate, without the joinder or consent of any person or entity whatsoever, except as limited by applicable  law as it exists on the date this Declaration  is recorded in the Public Records or except as expressly set forth herein. Such amendments may include, without limitation (i) the creation of easements for telecommunications systems, utility, drainage, ingress  and egress and roof overhangs over any portion of TOHOQUA; (ii) additions or deletions from TOHOQUA and/or the properties comprising the Common Areas; (iii) changes in the Rules and Regulations; (iv) changes in maintenance,repair and replacement obligations; and (v) modifications  of  the use restrictions for Homes. The Declarant's right to amend under this provision is to be construed as broadly  as possible. By way of example, and not as a limitation, the Declarant may create easements over, under  and across Lots conveyed to Owners provided that such easements  do not prohibit  the use of  Homes  on such Lots as residential dwellings. In the event the Association shall desire to amend this Declaration prior to the Turnover, the Association must first obtain the Declarant's prior written consent to any proposed

TOHOQUA
Declaration
7

amendment. Thereafter, an amendment identical to that approved  by the Declarant  may be adopted by  the Association pursuant to the requirements for amendments from and after the Turnover. The Declarant shall join in such identical amendment so that its consent to the same will be reflected in the Public Records. To the extent legally required, each Owner shall be deemed to have granted  to the Declarant, and thereafter, the Association , an irrevocable power of attorney, coupled with an interest, for  the purposes herein expr essed. Notwithstanding any other provision  of  this Declaration  to the contrary, prior to the Community Completion Date and so long as an Authorized Builder shall own any Lot, such Authorized Builder's prior written consent to any proposed amendment that materially  and  adversely affects the Lots owned by such Authorized Builder shall be obtained prior  to  effectuating  such amendment; provided, however, such consent shall not be unreasonably  withheld,  conditioned  or delayed.

Amendments after the Turnover. After the Turnover, but subject to the  general  and specific restrictions on amendments set forth herein, this  Declaration  may be amended  with the approval of (i) a majority of the Board; and (ii) fifty-one percent (51%) of the Voting  Interests  present  (in person or by proxy) at a duly noticed meeting of the members of the Association at which there is a quorum.

Compliance with HUD, FHA, VA, FNMA, GNMA and SFWMD. Notwithstanding any provision of this Declaration to the contrary, prior to the Turnover, the Declarant shall have the right to amend this Declaration, f o · to time, to make such changes, modifications and additions therein and thereto as may be requ s o equired by HUD, FHA, VA, FNMA, GNMA, SFWMD, or any other governmental agency or dy a condition to, or in connection with, such agency's or body's regulatory requirements or agreem urchase, accept, insure, guaranty or otherwise approve loans secured by mortgages on Lo  .  o  roval or joinder  of the Association,  other Owners,  or any other party shall be required or nee ary t  ch amendment. After the Turnover, but subject to Section 4.1 of this Declaration, the Board sh	e ight to amend this Declaration, from time to time, to make such changes, modifications and add1  s  r   and thereto as may be requested or required by HUD, FHA, VA, FNMA, GNMA, SFWMD o n ot governmental agency or  body  as  a  condition  to,  or  in connection with such agenc s  odY,' r ulatory  requirements  or  agreement  to make,  purchase, accept, insure, guaranty  or  ot  rw  a  o  loans  secured by mortgages  on Lots.   No approval  or joinder of the Owners, or any other party sh I required or necessary to any such amendments by the Board. Any such amendments by Bo d hall quire the approval of a majority of the Board.

Annexation and Withdrawal.

Annexation by Declarant. Prior to the Community Completion  Date, additional lands may be made part of TOHOQUA by the Declarant. Except for applicable governmental approvals (if any), no consent to such annexation shall be required from any other party (including, but not limited to, the Association, Owners or any Lenders). Such annexed lands shall be brought within the provisions and applicability of this Declaration by the recording of a Supplemental Declaration to this Declaration in the Public Records. The Supplemental Declaration shall subject the annexed lands to the covenants, conditions, and restrictions contained in this Declaration as fully as though the annexed lands were described herein as a portion of TOHOQUA. Such Supplemental Declaration may contain additions to, modifications of, or omissions from the covenants, conditions, and restrictions  contained  in  this Declaration as deemed appropriate by the Declarant and as may be necessary to reflect the different character, if any, of the annexed lands. Prior to the Community Completion Date, only the Declarant may add additional lands to TOHOQUA.

Annexation by the Association. After the Community Completion Date, and subject to applicable governmental approvals (if any), additional lands may be annexed with the approval of (i) a majority of the Board; and (ii) fifty-one percent (51%) of the Voting Interests  present  (in person  or by proxy) at a duly noticed meeting of the members of the Association at which there is a quorum.

Withdrawal. Prior to the Community Completion Date, any portions of TOHOQUA (or any additions thereto) may be withdrawn by the Declarant from the provisions and applicability of this Declaration by the recording of an amendment to this Declaration in the Public Records . The right of the

TOHOQUA
Declaration
8

Declarant to withdraw portions of TOHOQUA shall not apply to any Lot that has been conveyed to an Owner or Builder unless that right is specifically reserved in the instrument of conveyance or the prior written consent of the Owner or Builder is obtained. The withdrawal of any portion of TOHOQUA shall not require the consent or joinder of any other party (including, without limitation, the Association, Owners, or any Lenders). The Association shall have no right to withdraw land from TOHOQUA.

Effect of Filing Supplemental Declaration. Any Supplemental Declaration filed pursuant to this Section shall be effective upon recording in the Public Records, unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and Assessment liability in accordance with the provisions of the Supplemental Declaration and this Declaration.

Dissolution.

Generally. In the event of the dissolution of the Association without reinstatement within thirty (30) days, other than incident to a merger or consolidation, any Owner  may petition the Circuit Court of the appropriate Judicial Circuit of the State of Florida for the appointment of a receiver to manage the affairs of the dissolved Association and to manage the Common Areas in the place and stead of the Association, and to make such provisions as may be necessary for the continued management of the  affairs of the dissolved Asso· ·

c  ration after Dissolution. In the event of dissolution of the Association, II  continue  to  be  subject  to  the  provisions  of this  Declaration, s respecting Assessments specified in this Declaration. Each bligated  to  the  successors  or  assigns  of  the  Association for
Assessments  to  the extent tha	es		ts are required to enable the successors or assigns of the Association  to properly maintain, o    r	a		reserve the Common Areas. The provisions  of this Section
only  shall  apply  with rega d	t	nance,  operation,  and  preservation  of  those  portions of

TOHOQUA that had been C m enjoyment of the Owners.

, s	d continue to be so used for the common use and

Mer  er  or  Consolid  ·   n  o		rhood Association . In the event of a merger or consolidation  of a Neighborhood Ass	e Associ ation, the Neighborhood Declaration of such merged or consolidated Neighborhood Association shall continue to encumber the Neighborhood, and the Association shall have the right to enforce such Neighborhood Declaration.

Binding Effect and Membership.

Term. Subject to the Declarant's right  to  amend this Declaration  prior  to Turnover  and the Association's right to amend this Declaration after Turnover,  the  covenants,  conditions  and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded in the Public Records , after which time the covenants, conditions and restrictions contained in this Declaration shall be automatically extended for successive periods of ten (10)  years unless prior to the end of such twenty-five (25) year period, or each successive ten (10) year period, an instrument signed by eighty percent (80%) of the total Voting Interests agreeing to terminate  this Declaration has been recorded in the Public Records . Provided, however, that no such agreement to terminate the covenants, conditions and restrictions shall be effective unless made and recorded at least ninety (90) days in advance of the effective date of such change.

Transfer. The transfer of the fee simple title to a Home or Lot, whether voluntary or by operation of law, terminating an Owner's or Builder's title to that Home or Lot, shall terminate the rights to use and enjoy the Common Areas and shall terminate such Owner's or Builder's membership in the Association. An Owner's or Builder 's rights and privileges under this Declaration are not assignable separately from a Lot. The record title owner of a Lot is entitled to the benefits of, and is burdened with

TOHOOUA
Declaration
9

the duties and responsibilities set forth in the provisions of this Declaration. All parties acquiring any right, title and interest in and to any Lot shall be fully bound by the provisions of this  Declaration.  In no event shall any Owner acquire any rights that are greater than the rights granted to, and limitations  placed upon its predecessor in title pursuant to the provisions of this Declaration. The transferor of any Lot, whether a Builder or an Owner, shall remain jointly and severally liable with the  transferee  for  all  obligations pursuant to this Declaration that accrue prior to the date of such transfer, including, without limitation, payment of all Assessments accruing prior to the date of transfer.

Membership and Voting Rights.  In addition to the Declarant,  upon acceptance  of  title to  a Lot, and as more fully provided in the Articles  and Bylaws, each Owner  and Builder  shall be a member of the Association . Membership rights are governed by the provisions of this Declaration, the Articles and Bylaws. Membership shall be an appurtenance to, and may not be separated  from, the ownership  of  a  Lot. The Declarant rights with respect to membership in  the Association  are set forth in this Declaration, the Articles and Bylaws. The Association shall have the following two (2) classes of voting membership:

Class A Members. Class A Members shall be all Owners and Builders. Each Class A Member shall be entitled to one (1) vote for each Lot owned.  When more  than  one  person holds an interest in any Lot as an "Owner, " all such persons shall be members . The vote for such Lot shall be exercised as such persons determine, but in no event shall more than one
(1) vote be cast wit	ct to any Lot.

ember. The Declarant shall be the Class B Member and shall be entitled to nine (9 "'""",.,...,,,.,.,. ch Lot owned; provided, however, as to land which is annexed or added  pursuant  to th    s			this Declaration, the Declarant shall be entitled to  fourteen  (14) votes per acre or fr · n th r  of  contained  within  a Parcel,  until  such  time  as  the  Parcel  is platted, whereupon  th      ar       hall be entitled to nine (9) votes per Lot in lieu of the votes per  acre. Notwithstanding t o oi , from and after the Turnover Date, the Declarant shall be entitled to one (1) vote for   a   otned. "Turnover" shall mean the transfer of operation of the Association  by the D		to			r and Builders. The Turnover of the Association by the Declarant  shall  occur        t				v Date  at  the  Turnover  meeting.  The  purpose  of  the  Turnover  meeting  is to  elect a maj			the Association's Board of Directors. No more than sixty  (60)  days and no les       an t  I				days prior to the Turnover meeting, the Association shall notify in writing all Clas.:t::eC!ILl0Rlberrs'"-bf the date, location, and purpose of the Turnover meeting. The Turnover shall take place within three (3) months of the occurrence of the following events, whichever occurs earliest:

When ninety percent (90%) of the total Lots ultimately planned for TOHOQUA are conveyed to Owners;

When the Declarant makes the election, in its sole and absolute discretion, to give written notice to the Association of its decision to cause the Turnover to occur; or

As otherwise required by Section 720.307, Florida Statutes (2017).

Ownership by Entity. In the event that an Owner is other than a  natural  person,  that Owner shall, prior to occupancy of the Home, designate one or more persons who  are  to  be  the occupants of the Home and register such persons with the Association . All provisions of this Declaration and other Governing Documents shall apply to both such Owner and the designated occupants.

Voting Interests. Voting Interests in the Association are governed by this Declaration, the Articles and Bylaws.

Document Recordation Prohibited. Neither the Association nor any Owner, nor group of Owners, may record any documents that, in any way, affect or restrict the rights  of  the  Declarant  or conflict with the provisions of this Declaration or the other Governing Documents.

TOHOOUA
Declaration
10

Conflicts. In the event of any conflict among this Declaration, the Articles, the Bylaws or any of the other Governing Documents, this Declaration shall control.

Paramount Right of Declarant. Notwithstanding anything to the contrary herein, prior to the Community Completion Date, the Declarant shall have the paramount right to dedicate, transfer, and/or convey (by absolute conveyance, easement, or otherwise) portions of TOHOOUA for various public purposes or for the provision of telecommunications systems, or to make any portions of  TOHOQUA  part of the Common Areas, or to create and implement a special taxing district which may include all or any portion of TOHOQUA. SALES BROCHURES, SITE PLANS, AND MARKETING MATERIALS ARE CURRENT CONCEPTUAL REPRESENTATIONS AS TO WHAT IMPROVEMENTS, IF ANY, WILL BE INCLUDED WITHIN THE COMMON AREAS OR FACILITIES, AS APPLICABLE. THE DECLARANT SPECIFICALLY RESERVES THE RIGHT TO CHANGE THE LAYOUT,  COMPOSITION,  AND DESIGN OF ANY AND ALL COMMON AREAS OR FACILITIES, AS APP LICABLE, AT ANY TIME, WITHOUT NOTICE AND AT ITS SOLE DISCRETION.

Common Areas and Facilities.

General. The Common Areas shall be  operated,  maintained,  and administered  at  the sole cost of the Association for all purposes and uses reasonably intended.  The  Declarant  shall be the sole  judge  of the compositi		any Common Area improvements constructed by the Declarant. The Declarant shall have the r'  h  o   and access Common  Areas  without  interference  from  any Owner  or any other person  or entit  w  ats  ev  r. Owners  shall have no right in or to any Common Areas referred to  in  this Declaration  unles	u · ame are actually constructed, completed, and conveyed to the Association.  Prior to the Comm  ni		pletion Date, the Declarant reserves the absolute right to add to, delete from , or modify any of h Co n Areas referred to herein at its discretion without  notice.  The  Declarant   is   not   obligated t ,					it represented that it will, construct any Common Area improvements.  MOST, IF NOT				P NENTS THAT ARE TYPICALLY CONSIDERED "COMMON AREA" OF A  DEVELOPMENT OF						RE HAVE INSTEAD BEEN DESIGNATED AS PART OF THE DISTRICT  FACILITIES.						0 MON AREAS ARE LIMITED TO THOSE COMMONLY SHARED IMPROVEMENTS T							Fi ILITIES OWNED BY THE DISTRICT.

Construction  of	nd Facilities Im rovements. Since most of the commonly shared improvements witl'll(l::!::5ru!J.UYA:-w!II be owned by the District, the Declarant anticipates it will construct very limited, if any, improvements as part of the Common Areas and/or Facilities. The Declarant shall be the sole judge of the composition of any Common Area improvements  constructed by the Declarant. Prior to the Community Completion Date, the Declarant reserves the absolute right to construct additional Common Area improvements within TOHOQUA, from time to time, in its  sole discretion, and to remove, add to, modify and change the boundaries, facilities and improvements now or then part of the Common Areas. The Declarant is not obligated to, nor has it represented that it will, construct any Common Area improvements. The Declarant is the sole judge of the Common Area improvements constructed by the Declarant, including the plans,  specifications,  design,  location, completion schedule, materials, size, and contents of the facilities,  improvements,  appurtenances, personal property, color, textures, finishes or changes or modifications to any of them.

Use of Common Areas by Declarant. Until the Community  Completion  Date,  the Declarant shall have the right to use any portion of the Common Areas, without charge, for any purpose deemed appropriate by the Declarant.

Conveyance.

Generally. The Common Areas may be designated by the Plat, created in the form of easements, or conveyed to the Association by quitclaim deed, or other instrument of conveyance, as determined by the Declarant in its sole and absolute discretion. The Association shall  pay  all costs  of  the conveyance  at the  Declarant's  request.   The designation  of Common
Areas,  creation   by   easemen,t   or   conveyance   shall   be   subject   to   easements, restrictions,
reservations,  conditions,  limitations,  and declarations  of  record, real estate  taxes for  the year of

TOHOOUA
Declaration
11

conveyance, zoning, land use regulations and survey matters.  The Association shall be deemed  to have assumed and agreed to pay all continuing obligations and service and similar contracts relating to the ownership operation, maintenance, and administration of the conveyed portions of Common Areas and other obligations relating to the Common Areas imposed herein. The Association shall, and does hereby, indemnify and hold the Declarant harmless  on  account thereof. The Association, by its joinder to this Declaration, hereby accepts such dedication(s) or conveyance(s) without setoff, condition, or qualification of any nature. The  Association  shall accept any and all transfer of permits from the Declarant, Authorized Builders or any other permittee, of any permit  required by a governmental  agency in connection  with the development of TOHOQUA, as modified and/or amended. The Association shall cooperate with the Declarant, Authorized Builders or any other permittee of  such permits, as modified  and/or  amended,  with any applications, certifications, documents or consents required to effectuate any such transfer of permits to the Association. THE COMMON AREAS, PERSONAL PROPERTY AND EQUIPMENT THEREON AND APPURTENANCES THERETO SHALL BE  CONVEYED  TO  THE ASSOCIATION IN "AS IS, WHERE IS" CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IN FACT OR BY LAW, AS TO THE CONDITION, FITNESS    OR    MERCHANTABILITY    OF    THE    COMMON    AREAS    BEING CONVEYED.
Notwithstanding the foregoing,  any such conveyance  or encumbrance  of such Common  Areas is
subject to an irrevocable ingress and egress easement in favor of each Owner and  Builder granting access tot · spective Lots.

mm n Area Reservations. Each deed of the Common  Areas shall be subject to the following p

n-exclusive easements in favor of the Declarant,
Authorized Builder	ssors, and assigns in, to, upon and over all of the Common Areas fo ii:f}es'E of vehicular and pedestrian  ingress  and  egress, installation of improvements, utilities, landscaping and/or drainage, without charge, including, without limitation, the right to use such roadways for construction vehicles and equipment. These easements shall run in favor of the Declarant, Authorized Builders and their employees, representatives, agents, licensees, guests, invitees, successors and/or assigns;

all restrictions, easements, covenants and other matters of record;

in the event the Association believes that the Declarant shall have failed in any respect to meet the Declarant's obligations under this Declaration or  has failed to comply with any of the Declarant's obligations under law, or the Common Areas conveyed herein are defective in any respect, the Association shall give written notice to the Declarant detailing the alleged failure or defect. Once the Association  has  given written notice to the Declarant pursuant to this Section, the Association  shall be obligated to permit the Declarant and their agents to perform  inspections  of  the Common  Areas and to perform all tests and make all repairs/replacements deemed necessary by the Declarant to respond to such notice at all reasonable times. The Association agrees that any inspection,  test  and/or  repair/replacement scheduled  on a business  day between  9
a.m. and 5 p.m. shall be deemed scheduled at a reasonable time. The rights reserved in this Section include the right of the Declarant to repair or address, in the Declarant's sole option and expense, any aspect of the Common Areas deemed defective  by  the  Declarant during its inspections of the Common Areas. The Association's failure to give

TOHOQUA
Declaration
12

the notice and/or otherwise comply with the provisions of this Section will damage the Declarant; and

a reservation of right in favor of the Declarant (so long as the Declarant owns any portion of TOHOQUA) to require the Association re-convey all or a portion of the Common Areas by Quitclaim Deed in favor  of  the Declarant  in the event that such property is required to be owned by the Declarant for any purpose, including, without limitation, the reconfiguration of any adjacent property by replatting or otherwise.  To the extent legally required, each Owner shall be deemed to have granted to the Declarant, and thereafter the Association, an irrevocable power of  attorney, coupled with an interest, for the purposes herein expressed.

Operation after Conveyance. Subject to the Association's right to grant easements and other interests as provided herein, the Association may not convey, abandon, alienate, encumber, or transfer all or a portion of the Common Areas to a third party without (i) if prior to the  Turnover,  the approval of (a) a majority of the Board; and (b) the consent of the Declarant, or (ii) from and after the Turnover, approval of (x) a majority of the Board; and (y) fifty-one percent (51%) of the Voting Interests present (in person or by proxy) at a duly noticed meeting of the members.

Paved and	ete Common Areas. The Common Areas may contain certain paved or
concrete  areas. Without Ii  ·i	other provision  of this Declaration,  the Association is responsible for
the maintenance, repair a d/or e urfacing of all paved and concrete surfaces forming a  part  of  the Common Areas, if any. 1-WTl"KU.1£1h  ement appears  to be a durable material,  it requires maintenance. The Association  shall have t  e			not the obligation, to arrange for periodic inspections of all paved and concrete surfaces formin				e Common Areas by a licensed contractor and/or engineer. The cost  of  such inspection  shall					f the Operating Expenses. The Association shall determine periodically  the parameters of		s ct n to be performed, if any. Any patching, grading, or other maintenance  work  should be perf						company licensed to perform the work. Most paved or concrete  areas within TOHO	r    anti   p  ted to be part of  the Facilities under  the  jurisdiction  of the
District.
Delegation. Once c veye de·  ated to the Association or the District, the Common Areas and improvements located t   r	ilities, as applicable, shall at all times be under the complete supervision, operation, control, and management of the Association or the District, as applicable. Notwithstanding the foregoing, the Association may delegate all or a portion of its obligations hereunder to a licensed manager or professional management company. The Association specifically shall have the right to pay for management services on any basis approved by the Board (including bonuses or special fee arrangements for meeting financial or other goals). Further, in the event that Common Area is created by easement, the Association's obligations and rights with respect to such Common Area may be limited by the terms of the document creating such easement. Likewise, the District may delegate all or a portion of its obligations hereunder to the Association or a licensed manager or professional management company.

Use.

Nonexclusive Use. The Common Areas shall be used and enjoyed by the Owners and Builders on a non-exclusive basis in common with other persons, entities and corporations (who may, but are not required to be, members of the Association) entitled to use those portions of the Common Areas. Prior to the Community  Completion  Date, the Declarant,  and thereafter, the Association has the right, at any and all times, and from time to time, to further additionally provide and make the Common  Areas  available  to other individuals,  persons, firms, or corporations, as it deems appropriate. The granting of such rights shall not invalidate this Declaration, reduce or abate any Owner's obligations pursuant to this Declaration, or give any Owner the right to avoid any of the covenants, agreements or obligations to be performed hereunder.

TOHOOUA
Declaration
13

Right to Allow Use. The Declarant and/or the Association may enter into easement agreements or other use or possession agreements whereby the Owners, Telecommunications Providers, the Association , and/or others may obtain the use, possession of, or other rights regarding certain property, on an exclusive or non-exclusive basis , for certain specified purposes. Association may agree to maintain and pay the taxes, insurance, administration, upkeep, repair, and replacement of such property, the expenses of which shall be Operating Expen ses. Any such agreement by the Association prior to the Community Completion Date shall require the prior written consent of the Declarant.  Thereafter,  any  such  agreement shall require the approval of the majority of the Board, which consent shall not be unreasonably withheld or delayed .

Retention/Detention Areas . NEITHER  THE  DECLARANT,  THE  DISTRICT, THE ASSOCIATION , NOR ANY NEIGHBORHOOD ASSOCIATION MAKE ANY REPRESENTATION CONCERNING THE CURRENT OR FUTURE WATER LEVELS IN ANY OF THE RETENTION /DETENTION AREAS IN TOHOQUA ; PROVIDED, FURTHER, NEITHER THE DECLARANT, THE DISTRICT, THE ASSOCIATION , NOR ANY NEIGHBORHOOD ASSOCIATION BEAR ANY RESPONSIBILITY TO ATTEMPT TO ADJUST OR MODIFY THE WATER LEVELS SINCE SUCH LEVELS ARE SUBJECT  TO  SEASONAL  GROUNDWATER AND RAINFALL FLUCTUATIONS THAT ARE BEYOND THE CONTROL OF THE DECLARANT, THE   DISTRICT TSSOCIATION,   AND   ANY   NEIGHBORHOOD   ASSOCIATION.     BY ACCEPTANCE	D TO A HOME OR LOT, EACH OWNER ACKNOWLEDGES  THAT THE WATER L LS FALL RETENTION /DETENTION AREAS MAY VARY.  THERE  IS  NO GUARANTEE B E CLARANT , THE DISTRICT, THE ASSOCIATION, AND  ANY NEIGHBORHOOD		ION THAT WATER LEVELS OR RETENTION/DETENTION AREAS  WILL BE CO    AN     R  AESTHETICALLY  PLEASING  AT ANY  PARTICULAR  TIME; AT  TIMES, WATER      Y				Y BE NONEXISTENT. THE DECLARANT, THE DISTRICT, THE   ASSOCIATION ,			N NEIGHBORHOOD ASSOCIATION SHALL NOT BE OBLIGATED  TO ERECT					, ATES, OR WALLS AROUND OR ADJACENT TO ANY RETENTION/DETEN						HIN TOHOQUA.

9.8.4	=   "'-"-'=   "'-'-'--.,.   ,_=    :;,,..,.;=   ..:A...!!r.."e",a.,"s"F'/ '"-"c'"a""',.i,_l,i_eti =.sNo portion  of  the Common  Areas  or
s  uct	, encumbered, or used by Owners for any purpose lCJ.clUGFl-()l'.)the District.

Assumpt ion of Risk. Without limiting any other provision herein, each Owner accepts and assumes all risk and responsibility for noise, liability, injury,  or  damage  connected with use or occupancy of any portion of such Common Areas or Facilities, as applicable, including without limitation : (i) noise from maintenance equipmen;t (ii) use of pesticides, herbicides and fertilizers; (iii) view restrictions and impairment caused by the construction  of  any  structures and/or the maturation of trees and shrubbery; (iv) reduction in privacy caused by the removal or pruning of shrubbery or trees within TOHOQUA; and (v)  design  of  any portion  of  TOHOQUA. Each Owner expressly indemnifies and agrees to hold harmless the Declarant, the Builders, the Asso ciation, and Neighborhood Associations , and all employees,  directors,  representatives, officers, agents and partners of the foregoing from any and all damages, whether direct or consequential, arising from or related to the person's use of the Common Areas and/or Facilities, including attorneys' fees, paraprofessional fees and costs at trial  and  upon  appeal.  Without limiting the foregoing, all persons using the Common Areas or Facilities  do so at their  own risk.  BY ACCEPTANCE OF A DEED TO THEIR LOT, EACH OWNER ACKNOWLEDGES THE FACILITIES, COMMON AREAS , AND AREAS IN THE VICINITY  OF THE COMMON  AREAS AND FACILITIES MAY CONTAIN WILDLIFE SUCH AS, BUT NOT LIMITED TO, INSECTS, ALLIGATORS, COYOTES, RACCOONS , SNAKES, DUCKS, DEER, SWINE, TURKEYS, AND FOXES . THE DECLARANT, THE DISTRICT, THE BUILDERS, THE ASSOCIATION AND ANY NEIGHBORHOOD ASSOCIATION SHALL HAVE NO RESPONSIBILITY FOR MONITORING SUCH WILDLIFE OR NOTIFYING OWNERS OR OTHER PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER AND HIS OR HER LESSEES, GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN SAFETY.

TOHOQUA
Declaration
14

Owners' Obligation to Indemnify. Each Owner agrees to indemnify and hold harmless the Declarant, the District, the Builders, the Association, and their respective officers, partners, agents, employees, affiliates, directors and attorneys (collectively, " Indemnfiied Parties") against all actions, injury, claims, loss, liability, damages , costs and expenses of any kind or nature whatsoever ("Losses") incurred by or asserted against any of the Indemnified Parties from and after the date hereof, whether direct , indirect, or consequentia,l as a result of or in any way related to the Common Areas or the Facilities, including, without limitation , use of the Common Areas by Owners, and their Lessees, guests, family members, invitees, or agents. Should any Owner bring suit against the Declarant, the District, the Builders, the Association, or any of the Indemnified Parties for any claim or matter and fail to obtain judgment therein against such Indemnified Parties, such Owner shall be liable to such parties for all Losses, costs and expensesincurred by the Indemnified Parties in the defense of such suit, including attorneys' fees and paraprofessional fees at trial and upon appeal.

Rules and Regulations.

Generally. Prior to the Turnover, the Declarant, and  thereafter  Association , shall have the right to adopt Rules and Regulations governing the  use of  the  Common  Are as. The Rules and Regulations need not be recorded in the Public Records . The Common Areas and Facilities  shall  be	in accordance with this Declaration and Rules and Regulations promulgated her    n    r.     the extent authorized by the COD, the Association  shall have the right to adopt and enf r  Ru es and Regulations  applicable to the Facilities and shall have the right to take  enforceme         ·		ainst any Owner to compel compliance with the Rules and Regulations whether t			to the Common Areas or to the Facilities.

Dec	uthorized Builders Not Su·b ect to Rules and Re ulations. The Rules and Regulations			ply to the Declarant and/or Authorized Builders , or to any property owned by the De				r Authorized Builders, and shall not be applied in a manner that would prohibit or   s		v lopment or operation of TOHOQUA or adversely affect the interests   of   the Deel    nt					orized Builders. Without limiting the fo regoing, the Declarant, Author ized Builders, and/ r ir agents, contractors and assigns, shall have the right to:  (i)  develop  and  constr       " ,-'-'--  _   om    ,  Common  Areas  and  related  improvements  within TOHOQUA, and make any  d· ·						ns, improvements, or changes thereto ; (ii) maintain sales offices (for the sale and re-sale of (a) Lots and Homes and (b) residences and properties located outside of TOHOQUA), general office and construction operations within TOHOQUA; (iii) place , erect or construct portable, temporary or accessory buildings or structures within TOHOQUA for sales, construction storage or other purposes; (iv) temporarily deposit, dump or accumulate materials, trash, refuse and rubbish in connection with the development or construction of any portion of TOHOQUA; (v) post, display, inscribe or affix to the exterior of any portion of the Common Areas or other portions of TOHOQUA , signs and other materials used in developing, constructing, selling or promoting the sale of any portion of TOHOQUA including, without limitation , Lots, Parcels and Homes; (vi) excavate fill from any retention/detention areas or water bodies within and/or contiguous to TOHOQUA by dredge or dragline , store fill within TOHOQUA and remove and/or sell excess fill; and grow or store plants and trees within, or contiguous to, TOHOQUA and use and/or sell excess plants and trees; and (vii) undertake all activities which, in the sole opinion of the Declarant and/or Authorized Builders, are necessary or convenient for the development and sale of any lands and improvements comprising TOHOQUA. Notwithstanding any other provision of this Declaration to the contrary, the exercise of any rights reserved in favor of Authorized Builders pursuant to this Section 9.9.2 shall be subject to the Declarant's prior written authorization provided in a written instrument executed by the Declarant and, at the Declarant's option, recorded in the Public Records .

9.1O   Public Facilities.  TOHOQUA  may include one or more facilities  that may be dedicated to the District, the City or the County. One or more lift stations dedicated to the District  or the City as part of the waste water treatment system shall be located within TOHOQUA's boundaries. EXCEPT AS OTHERWISE PROVIDED HEREIN, MOST, IF NOT ALL, ROADWAYS AND ALLEYWAYS WITHIN,

TOHOOUA
Oeclaration
15

ADJACENT OR IN PROXIMITY TO TOHOQUA ARE PART OF THE PUBLIC SYSTEM OF ROADWAYS. EACH OWNER BY THE ACCEPTANCE OF A DEED TO THEIR LOT ACKNOWLEDGES AND AGREES THE DECLARANT, THE DISTRICT, THE BUILDERS,  THE  ASSOCIATION,  AND  ANY NEIGHBORHOOD ASSOCIATION HAVE NO CONTROL WITH REGARD TO ACCESS AND USAGE OF SUCH ROADWAYS AND ALLEYWAYS BY THE GENERAL PUBLIC.

Default by Owners. No default by any Owner in the performance of the covenants and promises contained in this Declaration shall be construed or considered (i)  a breach by the Declarant  or the Association of any of their promises or covenants in this Declaration; (ii) an actual, implied or constructive dispossession of another Owner from the Common Areas or Facilities; or (iii) an excuse, justification, waiver or indulgence of the covenants and promises contained in this Declaration.

Special Taxing Districts. For as long as the Declarant controls the Association, the Declarant shall have the right, but not the obligation, to dedicate or transfer or cause the dedication or transfer of all or portions of the Common Areas of TOHOOUA to a special taxing district,  or a public  agency or authority under such terms as the Declarant deems appropriate in order  to create or contract with special taxing districts and community development districts (or others) for lighting, perimeter walls, fences, entrance features, roads, landscaping, irrigation areas, ponds, SWMS, wetlands mitigation areas, parks, recreational or other services, security or communications, or other similar purposes deemed appropriate by the Declarant · luding, without limitation, the maintenance and/or operation of any of the foregoing. As hereinafter r · the Declarant may sign any taxing district petition as attorney-in-fact
for each Owner. Each O	r's	r  ation to pay taxes  associated  with such district shall be in addition to

V,

)D8"4

such Owner's obligation	s essments. Any special taxing district shall be created pursuant to all applicable ordinances of Coun 1 other applicable governing entities having jurisdiction with respect
to the same.
Association's  ·  10  t  lndemnif  . The Association  and each Owner covenant and agree jointly and severally to inde   f	d and hold harmless the Declarant, Builders, their officers, directors, shareholders, and   r  I  ted   r   ns or corporations  and their employees  from and against any and all claims,  suits, actio    , c       s		ion or damages arising from any personal injury, loss of life, or damage to property, sustained on or			the Common Areas and/or Facilities, or other property serving Association, and improvem  ts th  e  n,   resulting from or arising out of activities or operations of the Association or Owners, and o  d"aQm;liall costs, expenses, court costs, attorneys' fees and paraprofessional fees (including, but no 1mited to, all trial and appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall be Operating Expenses to the extent such matters are not covered by insurance maintained by the Association.

Exclusive Common Areas.

Purpose. Certain portions of the Common Area may  be  designated  as Exclusive Common Area and reserved for the exclusive use or primary benefit of Owners and occupants within a particular Neighborhood or Neighborhoods. By way of illustration and not limitation, Exclusive Common Areas may include entry  features,  recreational  facilities,  landscaped medians and cul-de-sacs, lakes and other portions of the Common Area within a particular Neighborhood or Neighborhoods. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Neighborhood Expense allocated among the Owners in the Neighborhood(s) to which the Exclusive Common Areas are assigned.

Designation.  Initially, any Exclusive Common Area shall be designated as such in this Declaration, the deed conveying such area to the Association, in a  Supplemental Declaration establishing a Neighborhood or on the subdivision Plat  relating  to  such Common Area; provided, however, any such assignment shall not preclude the Declarant from later

TOHOQUA
Declaration
16

assigning use of the same Exclusive Common Area to additional Homes, and/or Neighborhoods , so long as the Declarant has a right to subject additional property to this Declaration pursuant to Section 5.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned  upon approval  of  the  Board and the vote of (i) more than fifty percent (50%) of the Voting Interests in the Association, and (ii) fifty-one percent (51%) of the Voting Interests within the Neighborhood(s) affected by the proposed assignment or reassignment. As long as the Declarant owns any property subject to this Declaration, or which may become subject to this Declaration in accordance with Section 5.1, any such assignment or reassignment shall also require the Declarant's prior written consent.

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

Maintenance. Maintenance, repair and replacement of  Exclusive  Common Areas shall be a Neighborhood Expense assessed to the Neighborhood(s) to which the Exclusive Common Areas are assigned, notwithstanding that the Association may be responsible for performing such maintenance hereunder.

Maintenance b	iation.   Except  as may be  otherwise  provided in a Supplemental
Declaration  designating  a Nei	b  rhood  or  a  Neighborhood   Declaration  specifying  the  maintenance

requirements applicable TOHOQUA:

10.1

lar Neighborhood, the following provisions shall relate to all of

as otherwise specifically provided in this Declaration to the maintain, repair, replace and insure the Common Are as,

Landsca e M· ten e. x e t as otherwise provided  in a Supplemental  Declaration designating a Neighborhood or a Neighbor. o Declaration specifying the maintenance requirements applicable to a particular Neighbor      d, a       otw·    standing any other provision of this Declaration to the contrary,  the  Association shall hav	· ·· for the maintenance of landscaped  areas within any Lot, including, without limitation , sod, irrigation, yards, grass, shrubs, trees, mulch, or any  other landscaping. The record title owner of each such Lot shall be responsible for the repair, replacement and maintenance of the irrigation and all landscaped areas and other improvements within any portion of the Lot. Any such repair , replacement and maintenance shall be consistent with the Landscape Maintenance Standards set forth in this Declaration.

Roadways and Alleyways. Most, if not all, roadways and alleyways  within  TOHOQUA  shall be public roadways maintained by either the District, the City or the County, and shall not be maintained by the Association . Any private roadways or alleyways within a Neighborhood shall be owned by the applicable Neighborhood Association as common area of such Neighborhood and such private roadways or alleyways shall be maintained by the applicable Neighborhood Association as an expense of such Neighborhood Association. MOST, IF NOT ALL, ROADWAYS AND ALLEYWAYS WITHIN , ADJACENT OR IN PROXIMITY TO TOHOQUA ARE PART OF THE PUBLIC SYSTEM OF ROADWAYS. EACH OWNER BY THE ACCEPTANCE OF A DEED TO THEIR LOT ACKNOWLEDGES AND AGREES THE DECLARANT, THE DISTRICT, THE  BUILDERS, THE  ASSOCIATION,  AND  ANY NEIGHBORHOOD ASSOCIATION HAVE NO CONTROL WITH REGARD TO ACCESS AND USAGE OF SUCH ROADWAYS AND ALLEYWAYS BY THE GENERAL PUBLIC.

Adjoining Areas . The Association shall maintain swales, slopes, banks, and landscape areas within the Common Areas and certain Lots only to the extent specifically  provided  herein.  Such areas shall be readily accessible to the Association. The Association shall have no responsibility for the Facilities except and to the extent provided in any agreement between Association and the District. Under

TOHOOUA
Declaration
17

no circumstances shall the Association be responsible for maintaining any inaccessible  areas  within fences or walls that form a part any Lot.

Negligence. The expense of any maintenance, repair or construction of any portion of the Common Areas, Facilities or any Lot necessitated by the negligent or willful acts of an Owner or persons utilizing the Common Areas or Facilities through or under an Owner, shall be borne solely by such Owner and the Lot owned by such Owner shall be subject to an Individual Assessment  for  that expense. By way of example, and not of limitation , an Owner shall be responsible for the removal of all landscaping and structures placed within easements or Common Areas or Facilities  without the prior  written  approval  of the Association or District, as applicable. Further, an Owner shall be responsible for all costs  of maintenance , repair or construction of any portion of the drainage facilities located on such Owner's Lot if such maintenance, repair or construction is necessitated by the negligent or willful acts of an Owner  or such Owner's Lessees, guests, or invitees.

Right  of  Entry.  The  Declarant,  the  Association , and  Authorized  Builders, as  applicable, are granted a perpetual and irrevocable easement over, under and across all of TOHOQUA for the purposes herein expressed, including, without limitation, for inspections to ascertain compliance with the provisions of this Declaration, and for the performance of any maintenance, alteration or repair which they are entitled to perform. Without limiting the foregoing, the Declarant, for itself and on behalf of Authorized Builders, specifically reserves sements for all purposes necessary to comply with any governmental requirement  or to satisfy	· tion that is a prerequisite for a governmental approval. By way of example, and not of limit io , th clarant may construct, maintain, repair, alter, replace and/or remove improvements;  install Ian   c  ·   g, install utilities; and/or  remove  structures  on any portion of  TOHOQUA if the Declarant  or  an  Autho  e  B·   is required  to do so in order  to obtain the release  of  any bond posted with any governmental

Maintenance of	t ned b Others. The Association shall, if designated by the Declarant (or by the Board after th			· y Completion Date) by amendment to this Declaration or any    document    of    record,     a·    in			tation, landscaping, irrigation systems, community identification/feat ures, infrastruc   e,        r				areas or elements designated by the Declarant (or by the Board after the Community  omple 10n  t  upon areas that are within or outside of  TOHOOUA. Such areas may abut, or be proxima to, T  Q , and may be owned by, or be dedicated to, others including, but not  limited  to, a utilit		n			r quasi-governmentalentity or a property owners association.  These  areas  may  include    or  example  and not  limitation)  parks,  swale  areas,  landscape buffer areas, berm areas or median areas within the right-of-way of public streets, roads, drainage areas, community identification or entrance features, community signage or other identification. The Association shall have the right to enter into new agreements or arrangements from time to time for improvements and facilities serving the members of the Association or to amend the foregoing if the Board deems the same reasonable and appropriate for the continued use and benefit of any part of the Common Areas.

Retain ing Walls. The Declarant may construct retaining walls within TOHOQUA (the "RetainingWalls"). Retaining Walls located within Common Areas shall be maintained by the Association and the costs thereof shall be deemed Operating Expenses  of  the  Association.  Structural  maintenance and repairs of Retaining Walls located within Lots shall be the responsibility of  the  Association; however, the Owner of the Lot that includes  the  Retaining  Wall shall be responsible  for  day-to-day maintenance and cleaning of such Retaining Wall. Failure of the Association to  undertake  any  maintenance, replacement or repair of the Retaining Wall shall in no event be deemed a waiver of the right to do so thereafter. Notwithstanding anything contained in this Section to the contrary, the  Declarant  neither commits to, nor shall hereby be obligated to, construct such Retaining Walls. NO STRUCTURES OR LANDSCAPING, INCLUDING , WITHOUT LIMITATION, FENCES, IRRIGATION PIPES, AND TREES, SHALL BE INSTALLED WITHIN TWO FEET (2') FROM ANY RETAINING WALL.

Right-of -Way. Except as otherwise maintained by the City, the County or the COD, and except as may be otherwise provided in a Supplemental Declaration designating a Neighborhood or a Neighborhood Declaration the Association shall be responsible for the costs, charges and expenses incurred in connection with maintenance of the trees and landscaping located in the public right-of-way

TOHOOUA
Declaration
18

Book5329/Page21	CFN#2018072141	Page 19 of 104

adjacent to any Common Areas; however, the Association shall not be responsible for replacement of any such trees or landscaping. Each Owner agrees to reimburse the Association any expense incurred in repairing any damage to trees or landscaping caused by such Owner's negligent or willful acts.  Failure of an Owner to reimburse the Association any costs necessitated by the negligent or willful acts of an Owner shall subject the Owner to an Individual Assessment for such costs. The cost associated with any such maintenance of the trees and landscaping located in the public right-of-way adjacent to  any  Common Areas shall be part of the Operating Expenses. Notwithstanding anything contained in this Section to the contrary, each Owner shall be responsible for the maintenance of all landscaping in public right-of -ways adjacent to such Owner's Lot.

10.1O District Facilities. The District may contract with the  Association  for  the maintenance, repair, and replacement of the Facilities in the District's sole and absolute discretion and subject to any written agreement accepted by the Association.

Maintenance by Owners. Except as may be otherwise provided in a Supplemental Declaration designating a Neighborhood or a Neighborhood Declaration specifying the maintenance requirements applicable to a particular Neighborhood, all Lots and Homes, including, without limitation, all lawns, landscaping, irrigation systems, driveways, walkways and any property, structures, improvements and appurtenances not maintained by the Association shall be well maintained and kept in first class, good, safe, clean, neat and attrac·  ondition consistent  with the general  appearance  of  TOHOQUA  by the  record title owner of the p· a Lot. Except as otherwise provided in a Neighborhood Declaration or Supplemental Declarati n desi n ting a Neighborhood, each Owner is specifically responsible for  maintaining  all grass, Ian        ·		improvements within any portion of a Lot. No tree installed by the Declarant or a Builder on any= be felled, removed, or cut down unless such tree represents a hazard to the Home or other  i  rove  e  ts on the Lot, or to persons  occupying  or utilizing TOHOQUA.  If any such tree dies, such  tree      II      r       ced by the Owner  of the Lot upon which the tree  was located, at  the Owner's expense,  by  a s  ·			e f similar size in diameter, unless otherwise approved by the ORB.  No other objects or landsca·  a  1:5   installed in place of  any such trees.  In the event Lots and Homes  are not maintained by	ord ti wner of the Lot in accordance with the requirements of this Section  11,  the Association m			al o e obligated to, perform the maintenance  obligations  on behalf of the Owner.

Ri  ht  of  the  Assoc t       o	. The Declarant hereby grants the Association an easement over each Lot for the purpose of ensuring compliance with the requirements of this Section 11. In the event an Owner does not comply with this Section 11, the Association may perform the necessary maintenance and charge the costs thereof to the non-complying Owner as an Individual Assessment. The Association shall have the right to enforce this Section 11 by all necessary legal action. In the event the Association is the prevailing party with respect to any litigation respecting the enforcement of compliance with this Section 11, it shall be entitled to recover all of its attorneys' fees and paraprofessional fees, and costs, at trial and upon appeal.

Landscape Maintenance Standards. The following maintenance standards (the "Landscape Maintenance Standards") apply to landscaping within all Lots other than Lots owned by the Declarant, regardless of whether any such Lots are maintained by the record title owner of the Lot or by a Neighborhood Association pursuant to a Neighborhood Declaration:

Trees. Trees are to be pruned as needed and maintained in a safe and appropriate manner, in accordance with all applicable laws and ordinances.

Shrubs. All shrubs are to be trimmed as needed and maintained in a neat and appropriate manner.

Grass.

TOHOQUA
Declaraiton
19

Cutting Schedule. Grass shall be maintained in a neat and appropriate manner. In no event shall any lawn within any Lot be in excess of five inches (5") in height.

Edging. Edging of all streets, curbs, beds and borders shall be performed as needed. Chemical edging shall not be permitted.

St. Augustine Grass. Subject to applicable law and local ordinances, only St. Augustine grass (i.e. Floratam or a similar variety) is permitted in the front yards and side yards, including side yards facing a street.

Mulch. Mulch shall be replenished as needed on a yearly basis.

Insect Control and Disease. Insect control  and disease  shall be performed  on an as needed basis. Failure to do so could result in additional liability if the disease and insect spread to neighboring Lots and Common Areas. Dead grass shall  be removed  and  replaced within thirty (30) days of dying . If the County code or SFWMD regulations require Bahia grass in the rear yards, it shall remain as Bahia and if it dies, may only be replaced with Bahia.

·· tion. Fertilization of all turf, trees, shrubs, and palms shall be performed according to Bes    ag     ent Practices  as provided by the County Extension  Service (if  any) or The University o F rida F S Extension.

!!..!...S	ept  as  otherwise  provided   in  a Supplemental  Declaration r a Neighborhood Declaration specifying the maintenance icular Neighborhood, watering  and irrigation, including the   nt of irrigation facilities and components will be the sole
of the respective Lot and must be done in accordance with licies set forth in the Design Review Manual. Lots shall be lawn at all times. Sprinkler heads shall be maintained 'nklers  shall not extend beyond  any property  line of the
te shall not cause water to run onto neighboring Lots, walkways, streets or the Ii ce.... J-S H-111Cl\:lde a timing system to limit hours of operation . All components of the irrigation system, clock, pump stations and valves shall be checked as needed by an independent contractor to assure proper automatic  operation.  It  is  the  Owner's responsibility to comply with all applicable watering  restrictions  imposed  by the County,  the City or pursuant to the Design Review Manual.

Weeding . All beds are to be weeded upon every cut. Weeds growing in joints in curbs, driveways, and expansion joints shall be removed as needed. Chemical treatment is permitted.

Trash Removal. Dirt, trash, plant and tree cuttings and debris resulting from all operations shall be removed and all areas left in clean condition before the end of the day.

Modification to Landscaped Areas. Without the prior written consent of the ORB, no sod, topsoil, tree or shrubbery shall be removed from TOHOOUA and there shall be no change in the plant landscaping, elevation , condition of the soil or the level of the land of such areas which results in any change in the flow and drainage of surface water which the DRB, in its sole discretion,  considers detrimental or potentially detrimental to person or property. Notwithstanding the foregoing, Owners who install improvements to the Lot (including, without limitation, concrete or brick pavers) that result in any change in the flow and/or drainage of surface water shall be responsible for all of the costs of drainage problems resulting from such improvement. Further, in the event that such Owner fails to pay for such required repairs, each Owner agrees to reimburse the Association for all expenses incurred in fixing such drainage problems including, without limitation, removing excess water and/or repairing the SWMS. No landscape lighting shall be installed by an Owner without the prior written approval of the DRS.

TOHOOUA
Declaration
20

Weeds and Refuse . No weeds, underbrush, or other unsightly growth  shall be permitted to be grown or remain upon any Lot. No refuse or unsightly objects shall be allowed to be placed or  allowed to remain upon any Lot.

Exterior Home Maintenance. Each Owner is solely responsible for  the  proper maintenance and cleaning of the exterior walls of his or her Home. Exterior walls may be improved with a finish material composed of stucco or cementitious coating (collectively, "Stucco/Cementitious Finish"). While Stucco/Cementitious Finish is high in compressive or impact strength, it is not of sufficient tensile strength to resist building movement. It is the nature of Stucco/Cementitious Finish to experience some cracking and it will expand and contract in response to temperature, sometimes creating minor hairline cracks in the outer layer of the stucco application. This is normal behavior and considered a routine maintenance item for the Owner. Each Owner is responsible to inspect  the Stucco/CementitiousFinish  to the exterior walls for cracking and engage a qualified professional to seal those cracks and repair the affected area. In addition,  each Owner is responsible  for inspecting  the exterior  paint  and caulk  material in the exterior wall system openings (i.e. windows, doors, hose bibs, etc.) for peeling, cracking or separating. If the inspection reveals any such items, the Owner is responsible for engaging a qualified professional to clean, repair, re-caulk and repaint those areas of  the Home.  Each Owner is  responsible  for all maintenance and repairs described in this Section 11.5, and they should be completed in a timely fashion to prevent any damage to the Home.

Paved an Neighborhood Associatio

nc		e Surfaces. Except  as  such  responsibility  may  be  delegated  to  a e ghborhood Declaration or Supplemental Declaration designating a

Neighborhood, each Own	II
walkways , sidewalks, including comprising  part  of  a  Lot.   In t	ev

esponsible to timely repair, maintain and/or replace the driveways, imitation, brick pavers, and other paved and concrete surfaces the County, the City or the CDD, or any of their respective

subdivisions, agencies, and/or ·vi· n located  within an Owner's Lot to	·

ust remove any  portion  of  the paved  and concrete  surfaces II ion, repair, replacement or maintenance of utilities, then the

Owner of the applicable Lot will be
such Owner's expense. In tH

n "t:5		to replace or repair the paved and concrete surfaces at  er does not comply with this Section, the Association or

applicable Neighborhood Ass	ati	a ,
maintenance  and charge the costs thereof to	e

shall not be obligated to, perform the necessary
n-complying Owner as an Individual Assessment.

..:..:...:='---"-=-== Q.!  )U8flCEffi heavy  rainfall  and  humidity  on  a  regular  basis. Each Owner is responsible for making sure his or her Home remains watertight  including,  without limitation, checking caulking around windows and seals on doors.  Each  Owner  acknowledges  that running air conditioning machinery with windows and/or doors open in humid conditions can result in condensation, mold and/or water intrusion. The Declarant, Builders and the Association shall not have liability under such circumstances for any damage or loss that an Owner may incur. FURTHER, GIVEN  THE CLIMATE AND HUMID CONDITIONS IN FLORIDA, MOLDS, MILDEW, TOXINS AND FUNGI MAY EXIST AND/OR DEVELOP WITHIN HOMES. EACH OWNER IS HEREBY ADVISED THAT CERTAIN MOLDS, MILDEW, TOXINS AND/OR FUNGI MAY BE, OR IF ALLOWED TO REMAIN FOR  A SUFFICIENT PERIOD MAY BECOME, TOXIC AND POTENTIALLY POSE A HEALTH RISK. BY ACQUIRING TITLE TO A HOME OR LOT, EACH OWNER SHALL BE DEEMED TO HAVE  ASSUMED THE RISKS ASSOCIATED WITH MOLDS, MILDEW, TOXINS AND/OR FUNGI AND TO  HAVE RELEASED THE DECLARANT, THE BUILDERS, THE DISTRICT, THE ASSOCIATION, AND ANY NEIGHBORHOOD ASSOCIATION FROM ANY AND ALL LIABILITY RESULTING FROM SAME.

Lot Walls/Fences. Each wall or fence, any part of which is placed on a dividing line between separate Lots shall constitute a "Lot Wall/Fence ." Each adjoining  Owner's  obligation  with respect to Lot Walls/Fences shall be determined by this Declaration, except as otherwise required by Florida law and except as otherwise provided in a  Neighborhood  Declaration,  or  Supplemental Declaration designating a Neighborhood.

Sharing Repair and Maintenance. Each Owner shall maintain  the  exterior surface of a Lot Wall/Fence facing its Lot. Except as provided in this Section 11.8, the cost of reasonable repair shall be shared equally by adjoining Lot Owners.

TOHOOUA
Declaration
21

Damage by One Owner. If a Lot Wall/Fence  is damaged  or destroyed  by the act of one adjoining Owner, or its guests, Lessees, licensees, agents or family members (whether or not such act is negligent or otherwise culpable), then that Owner shall immediately rebuild or repair the Lot Wall/Fence to its prior condition without cost to the adjoining Owner and shall indemnify the adjoining Owner from any consequential damages, loss  or  liabilities. Notwithstanding anything to the contrary in this Section 11.8, the Declarant and the Association have the right to enforce the provisions of this  Section 11.8, however  neither  the Declarant  nor the Association shall have any obligation whatsoever to enforce the provisions of this Section
11.8 or become involved in any dispute between Owners in connection with this Section 11.8. No Owner shall violate any of the following restrictions and any damage (whether cosmetic or structural) resulting  from violation  of any of the following restrictions shall be considered caused  by the Owner causing such action or allowing such action to occur on such Owner's Lot:

No Owner shall allow sprinklers to spray or other water sources to deliver water within one foot (1') of any Lot Wall/Fence, excluding rainfall that falls directly on such area (i.e. an Owner shall not collect rainfall from other portions of the Lot and deliver it within one foot (1') of any Lot Wall/Fence);

	No Owner shall allow any tree to grow within six feet (6') of any Lot uch distance measured from the above-ground part of the tree that is
o		all/Fence  within five feet (5') of the ground level of  the tree, including r ot system that is not completely covered by soil);

Owner shall  allow  attachment  of  anything,  including  but  not nt or vine, to any wall; and

Other  Da	all/Fence is damaged or destroyed by any cause other than the act of one of the adjoining Owners, its agents, Lessees, licensees, guests or family members (including ordinary wear and tear and deterioration from lapse of time),  then  the adjoining Owners shall rebuild or repair the Lot Wall/Fence to its prior condition,  equally  sharing the expense; provided, however, that if a Lot Wall/Fence is damaged or destroyed as a result  of  an accident or circumstances that originate or occur on a particular Lot (whether or not such accident or circumstance is caused by the action or inaction of the Owner of that  Lot,  or  its agents, Lessees , licensees, guests or family members) then in such event, the Owner of that particular Lot shall be solely responsible for the cost of rebuilding or repairing the Lot Wall/Fence and shall immediately repair the Lot Wall/Fence to its prior condition.

Right of Entry. Each Owner shall permit the Owners of adjoining Lots, or their representatives, to enter its Lot for the purpose of installations, alteration, or repairs to a Lot Wall/Fence on the Lot of such adjoining Owners, provided that other than for emergencies, requests for entry are made in advance and that such entry is at a time reasonably convenient to the Owner of the adjoining Lot. An adjoining Owner making entry pursuant to this Section shall not be deemed guilty of trespassing by reason of such entry. Such entering Owner shall indemnify the adjoining Owner from any consequential damages sustained by reason of such entry.

Right of Contribution. The right of any Owner to contribution from any other Owner under this Section 11.8.5 shall be appurtenant to the land and shall pass to such Owner's successors in title.

TOHOOUA
Declaration
22

Consent of Adjoining Owner. In addition to meeting the requirements of this Declaration and of any applicable building code and similar regulations or ordinances, any Owner proposing to modify, alter, make additions to or rebuild (other than rebuilding in a manner  materially consistent with the previously existing Lot Wall/Fence) the Lot Wall/Fence, shall first obtain the written consent of the adjoining Owner, which shall not be unreasonably withheld, delayed or conditioned.

Right of Wav. Except as otherwise provided in a Neighborhood Declaration, or Supplemental Declaration designating a Neighborhood, each Owner shall be responsible for the costs, charges and expenses incurred in connection with maintenance of the irrigation facilities, trees, sidewalk and landscaping located immediately adjacent to such Owner's Lot between such Lot and the roadway or alleyway (the "Owner's Right-of-Way"). Every Owner shall be required to irrigate the grass and landscaping located in such Owner's Right of Way in a routine and ordinary manner and shall ensure that sufficient irrigation occurs. Further, each Owner is required to timely repair, maintain and/or replace the driveways, walkways, sidewalks, including, without limitation, brick pavers, and other paved and concrete surfaces comprising part of a Lot and the Owner's Right of Way. No tree installed by the Declarant or a Builder in the Owner's Right of Way shall be felled, removed, or cut down unless such tree represents an immediate hazard to the Home or other improvements on the Lot, or to persons occupying or utilizing TOHOQUA. If any such tree dies, such tree shall be replaced by the Owner of the Lot directly adjacent to where the tree was located,	Owner's expense, by a similar tree.

Water M i		h event the City, the County or any of their respective subdivisions, agencies, and/or division	t r ve any portion of an Owner's driveway, then the Owner of such driveway shall be responsibl to ce or repair the driveway  at  such Owner's  expense,  if  such  expenses are not paid for by  City the County. In the event an Owner does not comply with this  Section 11.10, the Associatio			, b hall not be obligated to, perform the necessary maintenance and charge the costs thereof to    o    o.   lying Owner as an Individual Assessment. In the event that the  Association  is  the prevailin      -	Ii respect to any litigation respecting the enforcement of compliance   with  this  Sectio      1   ,  it		be entitled to recover all of its attorneys' fees and paraprofessional  fees,  and  co    ,     ·   I			pon appeal. Each Owner grants the Association an easement over its Lot for the purpose of ensu n ompliance with the requirements of this Section 11.10.

Retention/Detention	he rear yard of some Lots may contain slopes adjacent to the retention/detention areas ("Retention/Detention Area Slopes"). Except as otherwise provided in a Neighborhood Declaration, or Supplemental Declaration designating a Neighborhood, and except as otherwise required by the COD, the City or the County, all Retention/Detention Area Slopes will be regulated and maintained by the Owner of the Lot located immediately adjacent to such Retention/Detention Area Slopes. The Association may establish from time to time standards for the Retention/Detention Area Slopes maintenance by Owners who own Lots adjacent to such areas ("Retention/Detention Area Slopes Maintenance Standards"). Such Retention/Detention Areas Slopes Maintenance Standards may include requirements respecting compaction  and strengthening  of  banks. The Association shall have the right to inspect such Retention/Detention Area Slopes to ensure that each Owner has complied with its obligations hereunder and under the Retention/Detention Area Slopes Maintenance Standards. Each Owner hereby grants the Association an easement of ingress and egress across his or her Lot to all retention/detention areas for the purpose of insuring compliance with the requirements of this provision and the Retention/Detention Area Slopes Maintenance Standards. For the purposes of this Declaration, each day that an Owner fails to comply with the requirements of  this paragraph or any Retention/Detention Area Slopes Maintenance Standards shall be deemed a separate and independent violation of this Declaration.

Use Restrictions. The following Use Restrictions shall apply to all Lots within TOHOOUA,  except for any Lots owned by the Declarant; provided however, a Neighborhood Declaration, or Supplemental Declaration designating a Neighborhood  may include restrictions  or provisions  other  than the provisions of this Declaration as may be necessary to reflect the different character, if any , of  the Neighborhood. Each Owner and Builder must comply with the following:

TOHOOUA
Declaration
23

Alterations and Additions. Except as otherwise provided in Section 19 of this Declaration with respect to Authorized Builders, no material alteration, addition or modification to a Lot or Home , or material change in the appearance thereof, shall be made without the prior written approval thereof being first had and obtained from the ORB as required by this Declaration.

Animals . No animals of any kind shall be raised, bred or kept within TOHOQUA for commercial purposes . No swine, poultry or other livestock of any kind may be kept in and/or on any Lot and/or Home or brought into TOHOQUA by an Owner, or its guests, Lessees, licensees, agents or family members. Owners may keep domestic pets as permitted by County ordinances and otherwise in accordance with the Rules and Regulations established by the Board from time to time. Pets permitted by this Section 12.2 may be kept or harbored in a Home only so long as such pets or animals do not constitute a nuisance. A determination by the Board that an animal or pet kept or harbored in a Home is a nuisance shall be conclusive and binding on all parties. All pets shall be walked on a leash. No pet shall be permitted outside a Home unless such pet is kept on a leash or within an enclosed portion of the Lot. No pet or animal shall be "tied out" on the exterior of the Home or in the Common Areas, or left unattended in a yard or on a balcony, porch , or patio. No dog runs or enclosures shall be permitted on any Lot. When notice of removal of any pet is given by the Board, the pet shall be removed within forty­ eight (48) hours of the receipt of such notice. The Owner responsible for a pet shall be responsible for removing from the Common Areas any matter created by the pet and disposing of the same in a sanitary manner. Each Owner shall b onsible for all the activities of its pet. Notwithstanding anything to the contrary, service animals    al	governed by the restrictions contained in this Section 12.2.

12.3	Artificial

tio

plants or other artificial vege a· upon the exterior portion of an

xcept as otherwise permitted by Florida  law,  no artificial  grass, cks or other  landscape  devices,  shall be placed or  maintained s approved by the ORB.

12.4

Parking.  Owners' v .h	s shall be parked in the garage or driveway of the
respective Owner 's Lot and  hall  o  blo  the  sidewalk.  No  vehicles  of  any  nature  shall be parked  on  any portion  of	rcM ot except on the surfaced parking area thereof. Vehicles shall not park on the paved or concrete surfaces comprising the Common Area, or Facilities, including any roadways and alleyways, except in designated parking areas,  if  any.  To the extent TOHOQUA has any guest parking, Owners are prohibited from parking in such guest parking spaces. No vehicles used in business for the purpose of transporting  goods, equipment and the like, shall be parked in TOHOQUA except during the period of delivery of goods or during the provision of services. MOST, IF NOT ALL , ROADWAYS AND  ALLEYWAYS  LOCATED WITHIN TOHOQUA SHALL BE PUBLIC ROADWAYS AND ALLEYWAYS AND SHALL NOT BE MAINTAINED OR REGULATED BY THE ASSOCIATION . EACH OWNER BY  THE ACCEPTANCE OF A DEED TO THEIR HOME ACKNOWLEDGES AND AGREES THE ASSOCIATION HAS NO CONTROL WITH REGARD TO ACCESS, PARKING AND USAGE OF SUCH ROADWAYS AND ALLEYWAYS BY THE GENERAL PUBLIC  AND/OR MEMBERS  OF THE ASSOCIATION. THE RESPONSIBILITY FOR ENFORCEMENT OF ANY  LAWS REGARDING ACCESS, PARKING AND USAGE OF PUBLIC ROADWAYS AND ALLEYWAYS RESTS SOLELY WITH THE APPLICABLE GOVERNMENTAL AUTHORITY AND THE ASSOCIATION DISCLAIMS RESPONSIBILITY FOR SUCH ENFORCEMENT.

Repairs and Maintenance of Vehicles . No vehicle which cannot operate on its own power shall remain on TOHOQUA for more than twelve (12) hours, except in the garage of a Home. No repair or maintenance, except emergency repair, of vehicles shall be made within TOHOQUA, except in the garage of a Home. No vehicles shall be stored on blocks. No tarpaulin covers on vehicles shall be permitted anywhere within the public view.

TOHOOUA
Declaration
24

Prohibited Vehicles . No commercial vehicle, limousine, recreational vehicle, all-terrain vehicles (ATV), boat (or other watercraft), trailer, including, without limitation,  boat  trailers, house trailers, mobile homes, and trailers of every other type, kind or  description,  or camper, may be kept within TOHOQUA except in the garage of a Home. The term "commercial vehicle" shall not be deemed to include law enforcement vehicles, utility vehicles (e.g. Broncos, Blazers, Explorers, Navigators, etc.) or clean "non-working" vehicles such as pick-up  trucks, vans, or cars if they are used by the Owner on a daily basis for normal  transportation;  provided, however, vehicles with ladders, racks, and hooks or such other equipment attached to  such vehicles shall be "commercial vehicles" prohibited by this Section. No vehicles displaying commercial advertising shall be parked within the public view. No vehicles  bearing  a  "for sale" sign shall be parked within the public view anywhere within TOHOQUA. For  any  Owner  who drives an automobile issued by the County or other governmental entity (e.g. police cars), such automobile shall not be deemed to be a commercial vehicle and may be parked in the garage or driveway of the Lot. No vehicle shall be used as a domicile or residence either temporarily or permanently . No all-terrain vehicles (ATVs), golf carts, scooters or mini motorcycles are permitted at any time on any paved surfaces forming a part of the Common Areas (if any) . Additiona lly, no all-terrain vehicle (ATV) or mini motorcycle may be parked or stored within TOHOQUA, including any Lot, except in the garage  of  a Home. Notwithstanding any other provision  in this Declaration to the contrary, the foregoing restrictions shall not apply to construction vehicles utilized in connection with co tion, improvement, installation,  or  repair  by  the  Declarant,  Authorized Builders, or their

bject to applicable laws and ordinances, any vehicle parked in
tions contained herein or in the Rules and Regulations may be
ole expense of the owner of such vehicle if such vehicle remains our  (24) hours  from the time a notice  of  violation  is placed on
s  ited for  such violation  within the preceding  fourteen (14) day
period.   Each Owner by a-   e' -· ....::-,	f title to a Home irrevocably  grants the Association  and its
designated towing se ·  e  righ  o  nter  a Lot and tow vehicles  in violation of  this Declaration. Neither the Associatio	· ompany shall be liable to the owner of such vehicle for trespass , conversion or otherwise, r ilty  of  any  criminal  act,  by  reason  of  such towing  or removal and once the notic ·  pos  d  neit  er its removal, nor failure of  the owner to receive it for any  other  reason,  shall b	d	· et of any kind. For purposes of this paragraph, "vehicle" shall also mean campers, mobile homes, trailers, etc. By accepting title to a Home, the Owner provides to the Association the irrevocable right to tow or remove vehicles parked on the Owner's  Lot, Common Areas or the Facilities  that are in violation  of this Declaration.  An affidavit of the person posting the foresaid notice stating it was properly posted shall be  conclusive evidence of proper posting. MOST, IF NOT ALL, ROADWAYS AND ALLEYWAYS LOCATED WITHIN TOHOQUA ARE PART OF THE PUBLIC SYSTEM OF ROADWAYS AND ALLEYWAYS . AS SUCH, IN NO EVENT SHALL THE ASSOCIATION BE RESPONSIBLE FOR TOWING VEHICLES PARKED ON THE ROADWAYS AND ALLEYWAYS LOCATED WITHIN TOHOQUA.

Casualty Destruction to Improvements. In the event that a Home or other improvement is damaged or destroyed by casualty loss or other loss, then the Owner thereof shall commence to rebuild or repair the damaged Home or improvement in accordance with Section 14.2.2 of this Declaration. As to any such reconstruction of a destroyed Home or improvements, the same shall only be replaced as approved by the DAB. Notwithstanding anything to the contrary herein, to the extent that insurance coverage obtained and maintained by the Association covers such casualty destruction, the Owner of such damaged or destroyed Home shall not perform any activities that would negate such coverage or impair the availability of such coverage.

Commercial Activity . Except for normal construction activity, sale, and re-sale of a Home, sale or re-sale of other property owned by the Declarant and/or  Authorized Builders, administrative offices of the Declarant and/or Authorized Builders, no commercial or business activity shall be conducted within TOHOQUA, including, without limitation, within any Home. Notwithstanding the foregoing, and subject to applicable statutes and ordinances, an Owner may maintain a home business office within a  Home  for such Owner's personal use; provided, however, business invitees, customers, and clients shall not be

TOHOOUA
Declaration
25

permitted to meet with Owners in Homes unless the Board provides otherwise in the Rules and Regulations. No Owner may actively engage in any solicitations for commercial purposes within TOHOQUA. No solicitors of a commercial nature shall be allowed within TOHOOUA, without the prior written consent of the Association. No day care center or facility, "half-way house," assisted living facility, nursing home or group home may be operated out of a Home. No garage sales are permitted, except as permitted by the Association. Prior to the Community Completion Date, the  Association  shall not permit any garage sales without the prior written consent of the Declarant.

Completion and Sale of Homes. No person or entity shall  interfere  with the completion and sale of Homes and/or Lots within TOHOQUA by the Declarant and Builders.  WITHOUT  LIMITING THE FOREGOING, EACH OWNER, BY ACCEPTANCE OF A DEED, AGREES THAT ACTIONS OF OWNERS MAY IMPACT THE VALUE OF HOMES AND/OR LOTS; THEREFORE EACH OWNER IS BENEFITED BY THE FOLLOWING RESTRICTIONS: PICKETING AND  POSTING  OF  NEGATIVE SIGNS IS STRICTLY PROHIBITED IN ORDER TO PRESERVE THE VALUE OF THE HOMES AND/OR LOTS IN TOHOQUA AND THE RESIDENTIAL ATMOSPHERE THEREOF.

Control of Contractors. Except for direct services which may be offered to Owners (and then only according to the Rules and Regulations relating thereto as adopted from  time to time),  no  person other than an Association officer shall direct, supervise, or in any manner attempt to assert any control  over any contractor	Association.

V.

Cooking   o co   i  g shall be permitted  nor  shall any goods  or beverages  be consumed on the Common  Areas o   t    a·· ·    s, except  in areas designated  for those purposes by the District  or the Association.  The Board s	e right to prohibit or restrict the use of grills or barbecue facilities throughout TOHOQUA.

Decorations. N	objects including, but not limited to, birdbaths, light fixtures, sculptures, statues, or weather v		oles shall be installed or placed within or upon any portion of TOHOQUA without the p  r  r tten   oval of  the  ORB. Notwithstanding the  foregoing,  holiday lighting and decorations shall     pe      e			placed upon the exterior portions of the Home and upon the Lot in the manner permitted hereunde mencing the week before Thanksgiving and shall be removed not later than January 151        f th				year. The ORB may establish standards for holiday lights  and  decorations  at  its sole d				ORB may require the removal of any lighting or decoration that creates a nuisance (e.g. unacceptable spillover to adjacent Home or excessive travel through TOHOQUA). Except as otherwise provided in Section 720.304(2)(b), Florida Statutes (2017), and subject to the requirements of such provision, no flag poles are permitted without the prior written approval of the ORB.

Disputes as to Use. If there is any dispute as to whether the use of any portion of TOHOQUA complies with this Declaration, such dispute shall, prior  to the Community  Completion  Date, be decided by the Declarant, and thereafter by the Board. A determination rendered by such party with respect to such dispute shall be final and binding on all persons concerned.

Extended Vacation and Absences. In the event a Home will be unoccupied for  an extended period, the Home must be prepared prior to departure by: (i) notifying the Association in writing;
(ii) removing all removable  furniture, plants and other objects from  outside the Home; and (iii) designating a responsible firm or individual to care for the Home, should the Home suffer damage or require attention, and providing a key to that firm or individual. The name of the designee shall be furnished to the Association. Neither Association, the Declarant nor any Builder shall  have  any  responsibility  of  any nature relating to any unoccupied Home.

Fences and Walls. Except for walls or fences erected or installed by the Declarant,  no walls or fences shall be erected or installed without prior written consent  of  the  ORB.  No chain link fencing of any kind shall be allowed. Fences shall not  be installed  flush to the ground  so  that  drainage will be blocked in any way. All fences must be in compliance with the Design Review Manual. Due to the Association's maintenance requirements and responsibilities, the installation of fences within a drainage

TOHOQUA
Declaration
26

easement area is not expected to be approved by the ORB. However, in the event a fence is installed within a drainage easement area, with prior written ORB approval, the Owner is solely responsible for fence repair or replacement if the drainage easement area needs to be accessed or as otherwise provided in Section 15.9 hereof. All screening and screened enclosures shall have the prior written approval of the ORB and shall be in compliance with the Design Review Manual. All enclosures of balconies or patios, including addition of vinyl windows, shall be approved by the ORB and all decks shall have the prior written approval of the ORB.

Fuel Storage. No fuel storage shall be permitted within TOHOQUA, except as may be necessary or reasonably used for swimming pools, spas, barbecues, fireplaces or similar devices.

Garages. No garage shall be converted into a general living area. Garage doors shall remain closed at all times except when vehicular or pedestrian access is required.

Garbage Disposal. Trash collection and disposal procedures established by the Association shall be observed. No outside burning of trash or garbage is permitted. No garbage cans, supplies or other similar articles shall be maintained on any Lot so as to be visible by the general public. Each Owner shall be responsible for properly depositing his or her garbage and trash in garbage cans and trash containers sufficient for pick-up by the appropriate collection agencies in accordance with the requirements of any such a	All such trash receptacles shall be maintained in a sanitary condition and shall be shielded fr m e iew of adjacent properties and streets. Garbage cans  and trash  containers shall not be pl c d o s· e the Home for pick-up earlier than 7:00 p.m. on the day preceding the pick-up and shall be reit1 Jne.. ay of pick-up.

Hurricane	hurricane shutters or other protective devices visible from outside a Home shall be of a t		ved in writing by the ORB. Panel, accordion and roll-up style hurricane  shutters  may  not be 1""+1>-1"!,....cn			uring hurricane season (or at any other time). Any such approved hurricane shutters may ,::rir, <*- lll lli r closed up to forty-eight (48) hours prior to the expected arrival of a hurricane and mu					opened within seventy-two (72) hours after the end of a hurricane  watch  or warning o						ay determine otherwise. Except as the Board may otherwise decide, shutters may not be close a y time other than a storm event. Any approval by the ORB shall not be deemed an endors				e e ctiveness of hurricane shutters.

Irrigation. Due to water quality, irrigation systems may cause staining on Homes, other structures or paved areas. It is each Owner's responsibility to treat and remove any such staining within an Owner's Lot.

Laundry. Subject to the provisions of Section 163.04, Florida Statutes (2017), to the extent applicable, no rugs, mops, or laundry of any kind, or any other similar type article, shall be shaken, hung or exposed so as to be visible outside the Home or Lot. Clotheslines may be installed in the rear of a Lot so long as not visible from the front of the Lot; provided, that, any such clothesline shall be removed when it is not in use as a clothesline.

Lawful Use. No immoral, improper, offensive , unlawful or obnoxious use shall be made in any portion of TOHOOUA. All laws, zoning ordinances and regulations of all governmental entities having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental entities for maintenance, modification or repair of a portion of TOHOQUA shall be the same as the responsibility for maintenance and repair of the property concerned.

Leases. Homes may be leased, licensed or occupied only in their entirety and no fraction or portion may be rented. No bed and breakfast facility may be operated out of a Home. Individual rooms of a Home may not be leased on any basis. No transient tenants may be accommodated in a Home. All leases or occupancy agreements of Homes (collectively, "Lease Agreements") are subject to the provisions of this Section 12.21. All Lease Agreements shall be in writing. A copy of all Lease Agreements shall be provided to the Association. No Lease Agreement may be for a term of less than one (1) year, and no Home may be leased more than two (2) times in any calendar year unless otherwise

TOHOOUA
Declaration
27

approved by the Association in the case of hardship . The Lessee, as part of the Lease Agreement, shall agree to abide by and adhere to the terms and conditions of this Declaration together with all Rules and Regulations and all policies adopted by the Association. By acceptance of a deed to a Home, the Owner hereby agrees to remove, at the Owner's sole expense, by legal means including eviction, his  or  her Lessee should the Lessee refuse or fail to abide by and adhere to this Declaration, the Rules and Regulations and any other policies adopted by the Association. Notwithstanding the foregoing, should an Owner fail to perform his or her obligations under this Section 12.21, the Association  shall have the right, but not the obligation,  to evict such Lessee and the costs of the same shall be charged  to the Owner  as  an Individual Assessment. All Lease Agreements shall require the Home to be used solely as a private single family residence. Each leased Home shall be occupied by Lessees, members of  the  Lessee's family, overnight guests and professional caregivers as a residence and for no  other  purpose .  During such time as a Home is leased, the Owner of such Home shall not enjoy the  use privileges  of  the Common Areas appurtenant to such Home.

Mailboxes and Lampposts. No mailboxes or lampposts shall be installed on any  Lot without prior written consent of the ORB. The ORB shall have the right to require that all mailboxes lampposts shall be of one particular type or design specified by the ORB so long as such designated  type or design, in the case of mailboxes, meets the rules and regulations of the United States Post Office Department.

Minor's U  e		monl Shared Facilities. Adults shall be responsible for all actions of their minor children or g  e  s at all times in and about  TOHOQUA.  Neither  the Declarant,  Builders, nor  the Association shall be r	io r any use of the Common Areas, by anyone, including minors.

Nuisances.    ,    c		or any use or practice that is the source of unreasonable annoyance  to  others or which		ith the peaceful possession and proper use of TOHOQUA is permitted.  No firearms  shall be ·	e. within TOHOQUA. Nothing shall be done by any Owner or Builder, and no Owner or Builder I e  ny item  within the Common  Areas or any other portion of  TOHOQUA,  including  a  Ho     o     ot,     ic    will  increase  the  rate  of  insurance  to  be  paid  by  the Asso ciation.     This  Section  12.     s       n		ly to sales, marketing, construction and development activities by Authorized Builders.

Oil  and Minin    O e   t	, ·11ing development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or on any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or on any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.

Paint. The exterior of Homes shall be repainted within forty-five (45) days of notice by the ORB to the Owner of the applicable Lot, or to the Neighborhood Association , in the event the Neighborhood Association is responsible for painting the exterior of Homes pursuant to a Neighborhood Declaration.

Personal Property. All personal property of Owners or other occupants of Homes shall be stored within the Homes. No personal property, except usual patio furniture, may be stored on, nor  any  use made of, the Common Areas, any Lot or Home, or any other portion of TOHOOUA, which is unsightly or which interferes with the comfort and convenience of others.

Removal of Soil and Additional Landscaping. Without the prior consent of the ORB, no Owner shall remove soil from any portion of  TOHOQUA,  change the level of  the land within TOHOQUA, or plant landscaping which results in any permanent change in the flow and drainage of surface water  within TOHOQUA. Owners may place additional plants, shrubs, or trees within any portion of TOHOQUA within their respective Lots with the prior written approval of the ORB.

Roofs, Driveways and Pressure Cleaning. Roofs and/or exterior  surfaces  and/or pavement , including, but not limited to, walks and driveways, shall be pressure cleaned within thirty (30) days of notice by the Board or the ORB to the Owner of the Lot. No surface applications to driveways

TOHOOUA
Declaration
28

shall be permitted without the prior written approval of the ORB as to material, color and pattern. Such applications shall not extend beyond the front Lot line or include the sidewalk. All roofs must be in compliance with the Design Review Manual.

Satellite Dishes and Antennae . No exterior visible antennae, radio masts, towers, poles, aerials, satellite dishes , or other similar equipment shall be placed on any Home or Lot without the prior written approval thereof being first had and obtained from the ORB as required by this Declaration. The ORB may require, among other things, that all such improvements be screened  so that  they  are  not visible from adjacent Homes, or from the Common Areas. Each Owner agrees that the location of such  items must be first approved by the ORB in order to address the safety and welfare of the residents of TOHOOUA. No Owner shall operate any equipment or device which will interfere with the radio  or television reception of others. All antennas not covered by the Federal Communications Commission ("FCC") rules are prohibited. Installation, maintenance, and use of all antennas shall comply  with  the Design Review Manual and shall be governed by the then current rules of the FCC.

Screened Enclosures. All screening and screened enclosures shall have the prior written approval of the ORB and shall be in accordance with the Design Review Manual. All enclosures of balconies or patios, including addition of vinyl windows, shall be approved by the ORB and shall comply  with the Design Review Manual.

o sign, flag, banner, advertisement, notice or other lettering shall be ted or affixed in, or upon any part of TOHOQUA,  including, without hat is visible from the outside; provided, however, any Owner may

N

display in a respectful manner   n	rtable, removable United States flag or official flag of the State of Florida and one (1) portable, e ova e official flag of the United States Army , Navy, Air Force , Marine  Corps, or Coast  Guard, or a		Any such permitted flags may not exceed four and one-half feet (4 ½') by six feet (6'). Eac.,.....·•••m = . y erect one (1) freestanding  flag pole that is no more than  twenty  feet  (20')  high on any  ort·   h			Owner 's Lot if the flag pole does not obstruct sightlines at intersections  and is not  erec   ·   in  or   p  n any easement.   The  flag pole may not be installed any    closer  than ten feet  (10') from  e  of  u   , or  within ten  feet (10') of  any  Lot boundary  line.   ORB approval is required prior to the installation f y flag pole. Any  Owner  may  further  display  from  the flagpole,  one (1)  official United  Sta   flag  n  t lar  er than four and one-half  feet (4 ½') by six  feet (6'),   and may additionally  display  one (1   o· ·   I			e State of Florida or the United States Army, Navy, Air Force, Marine Corps, or Coast  Guard, or a POW-MIA  flag.  Such additional flag must be equal in size to or smaller than the United States  flag. Any flag pole installed in accordance  with this Section is subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, without limitation, noise and lighting ordinances in the County and all setback  and location  criteria  contained in this Declaration or the Design Review Manual.

The Declarant and the Association are exempt from this Section. The Declarant specifically reserves, for itself and for Authorized Builders, and their respective agents, employees, nominees and assigns, the right, privilege and easement to construct, place and maintain upon any property within TOHOOUA such signs as the Declarant deems appropriate in connection with the development, improvement, construction, marketing and sale of any of the Lots and Homes. The Declarant reserves the right to institute a signage plan for TOHOOUA, which such signage plan must be complied with by all Builders, including Authorized Builders. The prohibitions on signs displayed on  or  within  vehicles contained above in this Section shall not apply to commercial vehicles such as for construction use or providing pick-up and delivery services and other commercial services.

Sports Equipment. No recreational, playground or sports equipment shall be installed or placed within or about any portion of TOHOQUA without prior written consent of the ORB. No portable basketball equipment shall be permitted. No basketball backboards, skateboard ramps, trampolines  or  play structures will be permitted without  the prior  written approval by the ORB. Tree houses  or platforms  of a similar nature shall not be constructed on any part of a Lot. Rules and Regulations  governing basketball hoops may be adopted by the Association from time to time.

TOHOQUA
Declaration
29

Storage. No temporary or permanent utility or storage shed,  storage  building,  tent,  or other structure or improvement shall be permitted and no other structure or improvement shall be constructed, erected, altered, modified or maintained without the prior written approval of the ORB , which approval shall conform to the requirements of this Declaration and the Design Review Manual. Water softeners, trash containers, propane tanks, and other similar devices shall be properly screened from roadways in a manner approved by the DRB. This Section  12.34 shall not apply to temporary  structures and storage facilities utilized by Authorized Builders.

Subdivision and Regulation of Land. No portion  of  any Lot shall be divided or subdivided or its boundaries changed without the prior written approval of the Declarant prior to the Community Completion Date, and thereafter, by the Association. No Owner shall inaugurate  or  implement  any variation from, modification to, or amendment of governmental regulations, land use plans, land development regulations, zoning, or any other development orders or development permits applicable to TOHOQUA, without the prior written approval of the Declarant, which may be granted or denied in its sole discretion. This Section 12.35 shall not apply to Authorized Builders.

Substances. No flammable, combustible or explosive fuel, fluid, chemical,  hazardous waste, or substance shall be kept on any portion of TOHOOUA or within any Home or Lot, except those which are required for normal household use. All propane tanks  and bottled gas  for  household  and/or pool purposes  (excluding	cue grill tanks) must be installed underground or in a manner to be screened from view by I d ap1 or other materials approved by the ORB.

v -ground pools shall be permitted. All in-ground pools, hot require the prior  written  approval of  the DRB.  The design
(i) the composition of the material must be thoroughly struction; (ii) any swimming  pool constructed on any  Lot
I of ot over two feet (2') above the natural grade unless approved by the DAB; (iii) pool ca 0 't: "'11lS-nJ."..t.i;	:)fc!HJesign, color and material approved by the ORB ; and
(iv) pool cages shall in no event be higher than the roof line of the Home. Pool cages shall not extend beyond the sides of the Home without express approval by the DRB. All pools shall be adequately maintained and chlorinated (or cleaned with similar treatment). Unless installed by  the  Declarant,  no diving boards, slides, or platforms shall be permitted without  the  DRB's  approval.  Under  no circumstances may chlorinated water be discharged onto other Owners ' lawns, roadways, alleyways  or into any retention/detention areas within TOHOQUA or adjoining properties.

Unmanned Aircraft Systems. Drones or similar unmanned aircraft, either with or without cameras, shall not be operated by an Owner, Members, Lessees, guests or invitees on, over or from  any Lot or Common Area within TOHOQUA, except for the purpose of an Owner or their authorized agent periodically inspecting the Owner's respective Lot or Home, or as otherwise permitted by the Board from time to time. The Board is specifically vested with the exclusive authority to adopt reasonable rules and regulations concerning or related to the operation of drones or similar unmanned aircraft on, over or from Lots or Common Areas. All drones or similar unmanned aircraft systems shall only be operated in accordance with Federal, State and Local regulations, all as amended from time to time. In no event shall an operator of a drone or similar unmanned  aircraft system invade the privacy of  another person on any Lot or the Common Area. No person shall operate a drone or similar unmanned aircraft system in any manner that constitutes a nuisance or harasses, annoys , or disturbs the quiet enjoyment  of  another person , including without limitation, to another Owner, Lessees, guests or invitees

Use of Homes. Each Home is restricted to residential use as a residence by the Owner or permitted occupant thereof, its Immediate Family Members, guests, Lessees and invitees. This Section
shall not apply to Builders.

TOHOOUA
Declaration
30

Visibility on Corners. Notwithstanding anything to the contrary in this Declaration, no obstruction to visibility at street intersections shall be permitted and such visibility clearances shall be maintained as required by the Board and governmental agencies. No vehicles, objects, fences , walls, hedges, shrubs or other planting shall be placed or permitted on a corner Lot where such obstruction would create a traffic problem.

Wells and Septic Tanks. No individual wells or septic tanks will be permitted on any Lot.

Wetlands and Mitigation Areas . If the Facilities or Common Areas include one or more preserves, wetlands, and/or mitigation areas, no Owner or other person shall take any  action  or  enter  onto such areas so as to adversely affect the same without ORB approval and approval from any governmental agencies having jurisdiction. Such areas are to be maintained by the District in their natural state.

Window Treatments. Window treatments shall consist of drapery , blinds,  decorative panels, or other window covering, and temporary window treatments are permitted, except for periods not exceeding one (1) week after an Owner or Lessee first moves into a Home or when permanent window treatments are being cleaned or repaired. No security bars shall be placed on the windows of any Home. Except as otherwise provided in Section 12.17 of this  Declaration, no awnings,  canopies  or shutters  shall be affixed to the exterior of a e. No reflective tinting or mirror finishes on windows shall be permitted. Window treatments facing a ay shall be of a neutral color, such as white, off-white or wood tones.

-W:-'-'ni ,d:,;o,<..w:e!.s:"'-"''-==       =·   :..:.· No window  or  wall air conditioning  unit  may be installed in any window or wall of a Home.

n-Ne Ii ent Encroachments. If any building or improvement upon a Lot shall encroach upon e o. r upon the Common Areas or Facilities by reason of original construction by the Declarant or an  e   , t en an easement for such encroachment shall exist so long as the encroachment exists,	urth  tion required by the Declarant, Builder, or any Owner to establish such easement. Lots ay  ai I ovements such as balconies, HVAC systems or other improvements  that may pass over or under	an adjacent Lot or over or underneath the Common Areas or Facilities. A perpetual none   lusiv   se    nt is herein granted to allow such improvement and to permit any natural water runoff fro				, eaves and other protrusions onto an adjacent Lot.

Responsibility for Insurance, Repair and Replacement.

Insurance. The Association shall maintain the following insurance coverage:

Flood Insurance. If the Common Areas are located within an area which has special flood hazards and for which flood insurance has been made available under the National Flood Insurance Program (NFIP), coverage in appropriate amounts, available under NFIP for all buildings and other insurable property within any portion of the Common Areas located within a designated flood hazard area.

Liability Insurance. Commercial general liability insurance coverage providing coverage and limits deemed appropriate by the Board. Such policies must provide that they may not be cancelled or substantially modified by any party, without at least thirty  (30)  days' prior written notice to the Declarant (until the Community Completion Date) and the Association .

Directors and Officers Liability Insurance. Each member of the Board shall be covered by directors and officers liability insurance in such amounts and with such provisions as approved by the Board.

Other Insurance . The Association shall maintain such other insurance coverage as appropriate from time to time. All coverage obtained by the Association shall cover all activities

TOHOOUA
Declaration
31

of the Association and all properties maintained by the Association, whether or not  Association owns title thereto.

.5 Declarant. Prior to the Turnover, the Declarant shall have the right, at Association's expense, to provide insurance coverage under its master insurance policy in lieu of any of the foregoing.

14.1.6 Neighborhood Insurance. The Board may authorize, if so specified  in  a Supplemental Declaration applicable to any Neighborhood,  the  Association  to  obtain  and maintain property insurance on insurable improvements within such  Neighborhood  which insurance shall comply with the requirements of this Section 14.1 and liability insurance in such amount as the Board determines appropriate. Premiums for insurance on Exclusive  Common Areas or Homes within a Neighborhood may be included in the Neighborhood Expenses of the Neighborhood to which such Exclusive Common Areas are assigned or in which such Homes are located, unless the Board determines that other treatment of the premiums is more appropriate.

2	Homes.

14 .2.1 Requirement to Maintain Insurance. Except as otherwise provided in a Neighborhood Deel ·  n,  or  Supplemental  Declaration  designating  a  Neighborhood,  each Owner  shall be r	obtain and maintain adequate insurance on his or her Home. Such insurance shall		for necessary repair or reconstruction work , and/or shall cover the costs  to  demolis  a  ed  Home  as  applicable,  remove  the  debris,  and  to  re-sod  and  landscape  land com  r			Lot. Upon the request of the Association, each Owner shall be required to  supply  th   ard    i    evidence  of  insurance  coverage  on its Home which complies with the provisions of · s cf  .  Without  limiting any other provision  of  this Declaration or  the powers of the Associat1				s ciation shall specifically have the right to bring an action to require an Owner to compl · o her obligations hereunder.

Re u   m	struct or Demolish. In the event that any Home is destroyed by fire or other casua y, t		ner of such Home shall do one of the following: (i) the Owner shall commence reco   true·			r repair of the Home ("Required Repair"), or (ii) the Owner shall tear the Home o , rem.c -au the debris, and re-sod and landscape the property comprising  the Home as require    by the  ORB ("Required Demolition") to the extent permitted under law. If an Owner elects to perform the Required Repair, such work must be commenced within thirty (30) days of the Owner's receipt of the insurance proceeds respecting such Home and the Required Repair must be completed within six (6) months from the date of the casualty or such longer period of time established by the Board in its sole and absolute discretion subject to extension if required by law. If an Owner elects to perform the Required Demolition, the Required Demolition must be completed within six (6) months from the date of the casualty or such longer period of time established by the Board in its sole and absolute discretion subject to extension if required by law. If an Owner elects to perform the Required Repair, such reconstruction and/or repair must be completed in a continuous, diligent, and timely manner. The Association shall have the right to inspect the progress of all reconstruction and/or repair work. Without limiting any other provision of this Declaration or the powers of the Association , the Association shall have a right to bring an action against an Owner who fails to comply with the foregoing requirements. By way of example, the Association may bring an action against an Owner who fails to either perform the Required Repair or Required Demolition on his or her Home within the time periods and in the manner provided herein. Each Owner acknowledges that the issuance of a building permit or a demolition permit in no way shall be deemed to satisfy the requirements set forth herein, which are independent of, and in addition to, any requirements for completion of work or progress requirements set forth in applicable statutes, zoning codes and/or building codes.

Standard of Work. The standard for all demolition, reconstruction, and other work performed as required by this Section 14.2 shall be in accordance with the Design Review

TOHOOUA
D eclaration
32

Book5329/Page35	CFN#2018072141	Page 33 of 104

Manual and any other standards established by the Association with respect to any casualty that affects all or a portion of TOHOQUA.

Additional Rights of the Association. If an Owner refuses or  fails,  for  any reason, to perform the Required Repair or Required Demolition as herein provided, then Association, in its sole and absolute discretion, by and through its Board is hereby irrevocably authorized by such Owner to perform the Required Repair or Required Demolition. All Required Repair performed by the Association pursuant to this Section shall be in conformance with the original plans and specifications for the Home. Association shall have the  absolute  right  to perform the Required Demolition to a Home pursuant to this Section if any contractor certifies in writing to the Association that such Home cannot be rebuilt or repaired. The Board may levy an Individual Assessment against the Owner in whatever amount sufficient to adequately pay for Required Repair or Required Demolition performed by the Association, including any costs  incurred with the management and oversight of any such Required Repair or Required Demolition performed by the Association.

Association Has No Liability. Notwithstanding anything to the contrary this Section, the Association, its directors and officers, shall not be liable to any Owner should an Owner fail for any reason whatsoever to obtain insurance coverage on a Home. Moreover, the Association, its dire and officers, shall not be liable to any person if Association does not enforce the rights	he Association in this Section.

Com lia
in any other Governing Docu ensuring or confirming compli
by all Owners that such monit	n

. Notwithstanding any provision to the contrary contained herein or
·ther the Association nor  the  Declarant  shall  be responsible for he insurance provisions contained herein, it being acknowledged be unnecessarily expensive and difficult. Moreover, neither the

Association  nor the Declarant s	 ,,,_,_"Y in any manner whatsoever for failure of an Owner to comply
with this Section 14.

Fidelity  Bonds.   f a  ·	Association shall procure a blanket fidelity bond for all officers, directors, trustees and emp oyee the  Association,  and  all  other  persons  handling  or responsible  for funds of, or administ   ed b ,  t    A    ociation. In the event the Association delegates some or  all  of  the  responsibility  for the         ·		funds to a professional management company or licensed manager, such bonds shall e required for its officers, employees and agents, handling or responsible for funds of, or administered on behalf of the Association. The amount  of  the fidelity  bond shall be based upon the Board's reasonable business judgment.

Association and District as Agent. The Association is irrevocably  appointed  agent  for each Owner of any interest relating to the Common Areas to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment  of  claims. The District is irrevocably appointed agent for each Owner of any  interest  relating  to the Facilities  to adjust all claims arising under insurance policies purchased by District and to execute  and  deliver  releases upon the payment of claims.

Casualty to Common Areas. In the event of damage to the Common  Areas,  or  any portion thereof, the Association shall be responsible for reconstruction after casualty.

Nature of Reconstruction. Any reconstruction of improvements hereunder shall be substantially in accordance with the plans and specifications of the original improvement, or as the improvement was last constructed, subject to modification to conform to the then current governmental regulation(s).

Cost of Payment of Premiums. The costs of all insurance maintained by the Association hereunder, and any other fees or expenses incurred that may be necessary or incidental to carry out the provisions hereof are Operating Expenses.

TOHOQUA
Declaration
33

Declarant and Builder has No Liability. Notwithstanding anything to the contrary in this Section, the Declarant, Builders, their officers, directors, shareholders, and any related persons or corporations and their employees, attorneys, agents, officers and directors shall not be liable to any Owner or any other person should the Association fail for any reason whatsoever to obtain insurance coverage required by this Section 14 or should the Owner fail for any reason whatsoever to obtain insurance coverage for their Home.

Additional Insured. Prior to the Community Completion Date, the Declarant  shall  be named as additional insured on all policies obtained by the Association, as their interests may appear.

Property Rights.

Owners' Easement of Enjoyment. Every Builder, Owner, Immediate Family Members, Lessees, guests and invitees, shall have a non-exclusive right and  easement  of  enjoyment  in and to those portions of the Common Areas that it is entitled to use for their intended purpose, subject to the following provisions:

Easements, restrictions, reservations, conditions, limitations and declarations of record, now or hereafter existing, and the provisions of this Declaration, as amended or supplemented from· o time;

The right of the Declarant and/or the Association to dedicate or transfer  all or any part of the Common Areas. No such dedication or transfer shall be effective prior to the Community Completion Date without prior written consent of the Declarant;

The right of the Declarant and/or the Association to modify the Common Areas as set forth in this Declaration;

The perpetual right of the Declarant to access and enter the Common Areas constructed by the Declarant or such Builder, as applicable, or the Facilities, at any  time, even  after the Community Completion Date, for the purposes of inspection and  testing  of  such Common Areas or Facilities. The Association and each Owner shall give the Declarant and applicable Builders unfettered access, ingress and egress to such Common Areas so  the Declarant, and/or its agents can perform all tests and inspections deemed necessary by the Declarant. The Declarant and applicable Builders shall have the right to make all repairs and replacements deemed necessary by the Declarant and such Builders, as applicable. At no time shall the Association or any Owner prevent, prohibit and/or interfere with any testing, repair or replacement deemed necessary by the Declarant  and applicable  Builders  relative to any portion  of the Common Areas or Facilities;

The rights of the Declarant, Builders, the District and/or the  Association regarding TOHOQUA as reserved in this Declaration; and

TOHOQUA
Declaration
34

An Owner relinquishes his or her rights to use of the Common Areas and Facilities during the time that a Home is leased to a Lessee.

Ingress and Egress. An ingress and egress easement is hereby created and reserved by the Declarant for the Owners, their Lessees, guests, and invitees, for pedestrian traffic over, and through and across sidewalks, paths, walks, driveways, passageways, and lanes as the same, from time to time, may exist upon, or be designed as part of, the Common Areas or Facilities and for vehicular traffic over, through and across such portions of the Common Areas or Facilities, as may be paved and intended for such purposes.

Development Easement. In addition to the rights reserved  elsewhere  herein,  the Declarant reserves an easement for itself and for Authorized Builders, and their nominees, over, upon, across, and under TOHOQUA as may be required in connection with the development of  TOHOQUA, and/or other lands designated by the Declarant, and to promote or otherwise facilitate the development, construction and sale and/or leasing of Homes, or any portion of TOHOQUA,  and/or  other  lands designated by the Declarant. Without limiting the foregoing, the Declarant specifically  reserves  for itself and for Authorized Builders the right to use all paved roads and rights of way within TOHOQUA for  vehicular and pedestrian ingress and egress to and from construction sites. Specifically, each Owner acknowledges construction vehicles and trucks may use portions of  the Common  Areas  and Facilities. The Declarant shall have no· · Iity or obligation to repave, restore, or repair any portion of the Common Areas  or  Facilities  as a  s  o  e  use  of  the  same  by construction  traffic,  and all maintenance  and repair of such Common A eas  acilities, shall be deemed ordinary  maintenance  of  the  Association payable  by all Owners		erating Expenses or as part of the District Maintenance Special Assessments.  Without limitin			going, at no time shall the Declarant be obligated to pay any amount  to the Association o				f the Declarant's and/or Builder's use of the Common Areas or Facilities .   The Declarant inte    s					he Common Areas and Facilities for sales of Lot and Homes. Further, the Declarant may ma""' rrn,,.. r  sidences  and properties  located  outside  of  TOHOQUA  from the  Declarant's  sales facilities loc					·  TOHOQUA.  The Declarant  and Authorized  Builders  have the right to use all portions of	mo A as and Facilities in connection with its marketing activities, including,  without  limitation,  al    in    m    r     f the general  public to inspect  model homes,  installing  signs and displays, holding promotiona  parti  s  d  outings,  and using the Common  Areas  and Facilities for every other type  of promotional  sale  tivit  that may be employed  in the marketing  of residential  homes,  as  approved  by  the  Deel  a   .			ents created by this Section 15.3, and the rights reserved herein in favor of the Dec arant and Authorized Builders, shall be construed as broadly  as possible and supplement the rights of  the Declarant  and Authorized  Builders  set forth in this Declaration. At no time shall the Declarant and/or Authorized Builders incur  any expense  whatsoever  in connection with its use and enjoyment of such rights and easements. Notwithstanding any other provision of this Declaration to the contrary, the exercise of such the easement rights reserved in favor of Authorized Builders pursuant to this Section 15.3 shall be subject to the Declarant's prior  written  authorization provided in an written instrument executed by the Declarant  and,  at the Declarant's  option, recorded  in the Public Records .

Public Easements. Fire, police, school transportation, health, sanitation and other public service and utility company personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas and Facilities.

Delegation of Use. Every Owner shall be deemed to have delegated  its  right  of enjoyment to the Common Areas and Facilities to Lessees, subject to the provisions  of  this Declaration and the Rules and Regulations, as may be promulgated, from time to time. Any such delegation shall not relieve any Owner from its responsibilities and obligations provided herein.

Easement  for Encroachments. In the event that any improvement  upon Common  Areas, as originally constructed, shall encroach upon any other property or improvements thereon, or for any reason, then an easement appurtenant to the encroachment shall exist for so long as the encroachment shall naturally exist.

TOHOOUA
Declaration
35

Permits, Licenses and Easements. Prior to the Community Completion Date, the Declarant, and thereafter the Association, shall, in addition to the specific rights reserved to the Declarant herein, have the right to grant, modify, amend and terminate permits, licenses and easements over, upon, across, under and through TOHOQUA (including Lots, Parcels and/or Homes) for utilities, roads and other purposes reasonably necessary or useful as it determines, in its sole discretion. To the extent legally required, each Owner shall be deemed to have granted to the Declarant, and thereafter the Association, an irrevocable power of attorney, coupled with an interest, for the purposes herein expressed.

8     Support Easement and Maintenance Easement. An easement is hereby created for the existence and maintenance of supporting structures (and the replacement thereof) in favor of the entity required to maintain the same. An easement is hereby created for maintenance purposes (including access to perform such maintenance) over and across TOHOQUA (including Lots, Parcels, and Homes) for the reasonable and necessary maintenance of Common Areas, Facilities, utilities, cables, wires and other similar facilities.

Drainage. A non-exclusive easement shall exist in favor of the District, the Declarant, the Association, and their designees, SFWMD, the County, and/or any federal agency having jurisdiction over TOHOQUA  over, across and upon TOHOQUA  for drainage, irrigation and water management  purposes. Any such drainage easement I be deemed a part of the SWMS.  Any such drainage easement shall not  contain  permanent i    r		ts, including but not limited to sidewalks, driveways, impervious surfaces , patios, decks, p o , air c nditioners, structures, utility sheds, poles, fences, irrigation systems, trees, shrubs, hedges or I	p1 lants other than grass, except for (i) improvements installed by the Declarant, the  District  or  Bu,  --  ndscaping  of  the SWMS, (iii)  as required by the District,  the County, the City or the Per it and/ r (iv) improvements approved by the OR B. A non-exclusive easement  for ingress and egr			cl ess exists for such parties in order to construct, maintain, inspect,  record  data  on,  morn   ,				repair, as necessary, any water management areas, conservation areas, mitigation area · rri		ystems and facilities thereon and appurtenances thereto. No structure, landscaping, or o				erial h I be placed or be permitted to remain which may damage or interfere with the drainage or·   rig ·     of			QUA and/or installation or maintenance of utilities or which may obstruct or retard the flow o water gh TOHOQUA and/or water management areas and facilities or otherwise interfere with an rain g , irri tion and/or easement provided for in this Section or

the use rights set forth elsewhere in t ·. s 

;:ir-   ::.	R- 0

15.1O Blanket Easement in favor of the Association. The Association is hereby granted an easement over all of TOHOQUA, including all Lots, for the purposes of: (i) constructing, maintaining, replacing and operating all Common Areas; (ii) performing any obligation the Association is obligated to perform under this Declaration; and (iii) performing any obligation of an Owner for which the Association intends to impose an Individual Assessment.

Blanket Easement in Favor of District. The District shall also have blanket easements necessary for District operations over, above, across, and under TOHOQUA. The easement shall permit, without limitation, all construction, maintenance and replacement activities of the District.

Duration. All easements created herein or pursuant to the provisions hereof shall be perpetual unless stated to the contrary.

Tohoqua Community Development District.

Generally. Portions of TOHOQUA may be owned by Tohoqua Community Development District (the "COD" or "District"), such as the retention/detention areas, Wetland Conservation Areas, Recreational Facilities, roadways and alleyways, street lighting, open space areas, the SWMS, and/or utilities. In the event that any portions of TOHOQUA are owned by the COD, such facilities shall not be part of the Common Areas, but will be part of the infrastructure facilities owned by the COD (the "Facilities"). EACH PERSON BY ACCEPTANCE OF A DEED TO A LOT HEREBY ACKNOWLEDGES AND AGREES THE FACILITIES ARE NOT COMMON AREA OWNED AND CONTROLLED BY THE

TOHOOUA
Declaration
36

Book5329/Page39	CFN#2018072141	Page 37 of 104

ASSOCIATION AND FURTHER WAIVES ANY CLAIM OR RIGHT TO HAVE ANY PORTION OF THE FACILITIES BE CONSIDERED AS COMMON AREA.

Creation of the COD. The COD may issue, or has issued, Special Assessment Bonds (the "Bonds") to finance a portion of the cost of the Facilities. The COD is an independent, multi-purpose, special district created pursuant to Chapter 190 of the Florida Statutes. The creation of the COD puts Homes and other portions of TOHOQUA under the jurisdiction of the COD. The COD may be authorized to finance, fund, install, equip, extend, construct or reconstruct , without limitation, the following: water and sewer facilities, environmental mitigation, landscape and hardscape fe atures, roadways and alleyways, the SWMS, utility plants and lines, land acquisition, perimeter walls/fences,miscellaneous utilities for the community and other infrastructure projects and services necessitated by the development of, and serving lands, within TOHOQUA (the "Public Infrastructure"). The estimated design, development, construction and acquisition costs for these Facilities may be funded by the COD in one or more series of governmental bond financings utilizing special assessment bonds or other revenue backed bonds. The COD may issue both long term debt and short term debt to finance the Public Infrastructure . The principal and interest on the special assessments bonds may be repaid through non ad valorem special assessments (the "Di strict Debt Service Assessments") levied on all benefiting properties in the COD, which property has been found to be specially benefited by the Public Infrastructure. The principal and interest on the other revenue backed bonds (the "District Revenue Bonds") may be repaid through user fees, franchise fees or other  related revenues. In addition to the bonds issued to fund the Public Infrastructure costs, the C	lso impose an annual non ad valorem special assessment to fund the operations  of  the COD   n		intenance and repair of its Public Infrastructure and services (the "DistrictMaintenance S	essments").
COD Assess e s. T  District  Debt  Service  Assessments  and  District  Maintenance Special  Assessments will not	t, under Florida law, constitute a lien co-equal with the lien of state, County, municipal,  and S""''"'"L--""  axes  and may be  collected  on the  ad valorem  tax  bill sent each year by the Tax  Collector  of O   e				nty and disbursed to the COD. The homestead exemption is not  applicable  to the COD		B cause a tax bill cannot be paid in part, failure to pay the District Debt Service Assessme     ,			i nance Special Assessments  or any other portion of  the tax bill will result in the sale of tax certi I   ates    n    ould ultimately result in the loss of  title to the property  of  the delinquent  taxpayer  through th   issu   c   of    tax deed. The District Revenue Bonds are not taxes or liens  on property.  If  the fees an  u  hu,...,....--...:w,d erlying the  District Revenue  Bonds are not paid, then such fees and user charges coul  ecome liens on the property  which could ultimately  result  in the loss of title to the property through the issuance of a tax deed. The actual amount of District Debt Service Assessments will be set forth in the District Assessment Methodology Report.  District  Maintenance  Special Assessments relating to Facilities will be determined by the COD. Any future COD assessments and/or other charges due with respect to the Facilities  are direct  obligations  of Owner and are secured by a lien against Owner's Lot and Home. Failure to pay such sums may result in loss of an Owner's Lot and Home. The COD may construct, in part or in whole, by the issuance of Bonds certain facilities that may consist of roads, perimeter walls/fences, utilities and/or drainage  facilities,  as  the COD  determines  in its sole discretion.

Common Areas and Facilities Part of COD. Portions of the Common Areas may become part of the COD. In such event, Common Areas will become part of the Facilities, will be part of the COD and the COD shall govern the use and maintenance of the Facilities. Some of the provisions of this Declaration will not apply to such Facilities, as the Facilities will no longer be Common Areas once conveyed to the COD. ANY CONVEYANCE OF COMMON AREAS TO THE COD SHALL IN NO WAY INVALIDATE THIS DECLARATION. The Declarant may decide, in its sole and absolute discretion,  to convey additional portions of the Common Areas to either the COD or the Association. If conveyed to the COD, such portions of the Common Areas shall thereafter be part of the COD Facilities. The COD or the Association may promulgate rules, regulations and/or covenants that may outline use restrictions for the Facilities, or the Association's responsibility to maintain the Facilities,  if  any.  The  establishment  of  the COD and the inclusion of Facilities in the COD will obligate each Owner to become responsible for the payment of District Debt Service Assessments and District Maintenance Special Assessments for the construction and operation of the Facilities as set forth in this Section.

TOHOOUA
Declaration
37

Book5329/Page40	CFN#2018072141	Page 38 of 104

Facilities Owned by COD. The Facilities may be owned and operated by the COD or owned by the COD and maintained by the Association. The Facilities may be owned by a governmental entity other than the COD. The Facilities shall be used and enjoyed by the Owners on a non-exclusive basis, in common with such other persons, entities, and corporations that may be entitled to use the Facilities.

Retention/Detention Areas. THE FACILITIES MAY INCLUDE RETENTION/DETENTION AREAS. NEITHER THE DECLARANT, THE BUILDERS, THE COD NOR  THE  ASSOCIATION  MAKE ANY REPRESENTATION CONCERNING THE CURRENT OR FUTURE WATER LEVELS IN ANY  OF THE RETENTION/DETENTION AREAS IN TOHOQUA; PROVIDED, FURTHER, NEITHER THE DECLARANT, THE BUILDERS, THE COD NOR THE ASSOCIATION BEAR ANY RESPONSIBILITY TO ATTEMPT TO ADJUST OR MODIFY THE WATER LEVELS SINCE SUCH LEVELS ARE SUBJECT TO SEASONAL GROUNDWATER AND RAINFALL FLUCTUATIONS THAT ARE BEYOND THE CONTROL OF THE DECLARANT, THE BUILDERS, THE COD AND THE ASSOCIATION . BY ACCEPTANCE OF A DEED TO A LOT, EACH OWNER ACKNOWLEDGES THAT THE WATER LEVELS OF ALL RETENTION/DETENTION AREAS MAY VARY. THERE IS NO GUARANTEE  BY  THE  DECLARANT, THE BUILDERS, THE DISTRICT, THE ASSOCIATION, AND ANY NEIGHBORHOOD ASSOCIATION THAT WATER LEVELS WILL BE CONSTANT OR AESTHETICALLY PLEASING AT ANY PARTICULAR TIME; AT TIMES,  WATER  LEVELS  MAY  BE NONEXISTENT. THE DECLARANT,  THE BUILDERS, THE
DISTRICT,   THE   ASSO[¥,1AND   ANY   NEIGHBORHOOD   ASSOCIATION   SHALL   NOT   BE

 	a ·

OBLIGATED   TO  EREC		S, GATES, OR WALLS AROUND OR ADJACENT TO ANY RETENTION/DETENTIO	RE		ITHIN TOHOQUA.

Right-of-Way .	Section 11.9 herein, the District shall be responsible for the
costs,  charges  and expenses  i  urre  i  connection  with maintenance  of  the  sidewalk, irrigation, trees and landscaping located in th · f- adjacent to any Facilities. The cost associated  with any  such maintenance  of the right-of-way	c rged to Owners as part of the District Maintenance Special
Assessments.    Each  Owner  agre	urse the District any expense incurred in repairing any damage to trees or landscapi a &u) Owner's negligent or willful acts.
Perimeter Walls/Fences. T e clarant, the District and/or Authorized  Builders  may install perimeter walls or fences wit·   TO	A e "Perimeter Walls/Fences"). Except as otherwise provided in a Neighborhood  Declar ·    ,  r		ental Declaration designating a Neighborhood, and except as otherwise required by the City or County, the District at all times shall have the exclusive right and obligation to maintain, repair, replace any Perimeter Walls/Fences within TOHOQUA, including Perimeter Walls/Fences located on Lots; however, each Owner shall be responsible for the routine maintenance and cleaning the interior of any Perimeter Walls/Fences, or portion thereof, located on Owner's Lot. The District shall perform any such maintenance, repairs or replacement of the Perimeter Walls/Fences at its discretion and the costs of such maintenance, repairs or replacement shall be charged to Owners as part of the District Maintenance Special Assessments . Failure of the District to undertake any such maintenance, replacement or repair of the Perimeter Walls/Fences shall in no event be deemed a waiver of the right to do so thereafter. Notwithstanding anything contained in this Section to the contrary, the Declarant neither commits to, nor shall hereby be obligated to, construct such Perimeter Walls/Fences.

Retaining Walls. Retaining Walls located within the Facilities shall be maintained by the District and the costs of such maintenance shall be charged to Owners as part of the District Maintenance Special Assessments . Failure of the District to undertake any maintenance, replacement or repair of the Retaining Walls shall in no event be deemed a waiver of the right to do so thereafter. Notwithstanding anything contained in this Section to the contrary, the Declarant neither commits to, nor shall hereby be obligated to, construct such Retaining Walls. NO STRUCTURES OR LANDSCAPING, INCLUDING, WITHOUT LIMITATION, FENCES, IRRIGATION PIPES, AND TREES, SHALL BE INSTALLED WITHIN TWO FEET (2') FROM ANY RETAINING WALL

TOHOOUA
Declaration
38

Recreational Facilities.

General Restrictions. Certain Facilities are intended for recreational activities (collectively, the "Recreational Facilities ") , which such Recreational Facilities  shall  be  owned and maintained by the CDD.  Each Owner, Immediate  Family  Member  and other person entitled to use the Recreational Facilities shall comply with following general restrictions:

Minors. Minors are permitted to use the Recreational Facilities; provided, however, parents are responsible for the actions and safety of such minors and any damages caused by such minors.  Parents are responsible  for the actions and safety of such minors and any damages to the Recreational Facilities caused by such minors.  The CDD or the Association may adopt Rules and Regulations from time  to  time governing minors' use of the Recreational Facilities, including, without limitation, requirements that minors be accompanied by adults while using  the  Recreational  Facilities.

Responsibility for Personal Property and Persons. Each Owner assumes sole responsibility for the health, safety and welfare of such Owner, his or her Immediate Family Members and guests, and the personal property of all of the foregoing, and eachashall not allow any damage the Recreational Facilities or interfere with the right  of		Owners hereunder. The Declarant, the District and the Association shall not b res o sible for any loss or damage to any private property used, placed or stored o	R ational Facilities. Further, any person entering the Recreational Facilities assu e  ·sk of loss with respect to his or her equipment, jewelry or other possessions, cludi  without limitation, wallets, books and clothing left in the Recreational ii"·

;.==	'I"'-"\·· Any Owner, Immediate Family Member, guest or other
person who,		akes use of the Recreational Facilities, or who engages in any contest, g	, rcise, competition or other activity operated, organized, arranged or sponsored eithe o  r off the Recreational  Facilities, shall do so at their own risk. Every Owner all b Ii le r any property damage and/or personal injury at the Recreational Facilit   s,			y Own er, Immediate Family Member or guest. No Owner may use the ecreational Facilities for any society, party,  religious,  political, charitable, fraternal, civil, fund-raising or other purposes  without the prior  written consent of District (or the Association if the District delegates its  rights  to  manage  the Recreational Facilities to the Association), which consent may  be  withheld  for  any reason.

Recreational Facilities Personal Property. Property or furniture used  in connection with the Recreational Facilities shall not be removed from the location in which it is placed or from the Recreational Facilities.

Indemnification. By the use of the Recreational Facilities, each  Owner, Immediate Family Member and guest agrees to indemnify and hold harmless  the  Declarant, District, the Association and their officers , partners, agents, employees, affiliates, directors and attorneys (collectively, "Indemnified Parties") against all actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever  (collectively, "Losses") incurred by or asserted against any of the Indemnified Parties from and after the date hereof,  whether direct, indirect, or consequential , as a result of or in any way related to use of the Recreational Facilities by Owners, Immediate Family Members and their guests and/or from  any  act  or omission of the any of the Indemnified Parties. Losses shall include the deductible payable under any insurance policies covering the Recreational Facilities.

Attorney's Fees. Should any Owner or Immediate Family Member bring suit against the Indemnified Parties for any claim or matter and fail to obtain judgment therein against

TOHOOUA
Declaration
39

such Indemnified Parties, the Owner and/or Immediate Family Member shall be liable to such parties for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of such suit, including attorneys' fees and paraprofessional fees at trial and upon appeal.

Basis for Suspension. The rights of an Owner to use the Recreational Facilities may be suspended by the District (or the Association if the District delegates its rights to manage the Recreational Facilities to the Association) if, in the sole judgment of the Association or District:

16.10 .5.1  the Owner,  an Immediate  Family  Member,  a guest  or  other person for whom a Owner is responsible violates one or more of the Rules and Regulations ;

.5.2     an Owner  and/or guest  has injured, harmed  or threatened  to injure or harm any person within the Recreational Facilities, or harmed, destroyed or stolen any personal property within the Recreational Facilities; or

.3 an Owner fails to pay Assessments or District Maintenance Special Assessments due.

Types of Suspension. The District (or the Association if the District delegates its rights  to manage th	ational Facilities to the Association) may restrict or suspend, for cause
or causes describ a ere1 , any Owner's privileges to use any or all of the Recreational Facilities.
By way of exam I , an ot as a limitation, the District or the Association  may suspend a  Lessee's privilege	or   all of the Recreational Facilities if such Lessee's Owner fails to pay Assessments or D" triet1iltru tenance Special Assessments due in connection with a leased Home.   In addition, th    istric    r the Association may suspend the rights of a particular Owner (a nd/or Immediate Fa ·			or prohibit an Owner (and/or Immed iate Family Member) from using a portion of the .,,hr<rn Facilities. No Owner  whose privileges  have been fully  or partially  suspended shall,     o		t of any such restriction or suspension, be entitled to any refund or abatement o		sme s r District Maintenance Special Assessments or any other fees. During the rest· tio r  P, ion, Assessments  and  District  Maintenance  Special Assessments shall continue to accru		be payable each month. Under no circumstance will an Owner be reinstated un·  II A  s  s   ts, District  Maintenance  Special  Assessments  and other amounts due to the AsSQ£ f00-0f-fflE:T:Ji1strict are paid in full.

District Facilities. The District may contract with the Association for the maintenance, repair, and replacement of the Facilities, subject to any written agreement accepted by the Association.

Assessments.

General. Each Owner and Builder (to the extent required herein),  by  acceptance  of  a deed or instrument of conveyance for the acquisition  of title in any manner  (whether  or not so expressed in the deed), including any purchaser  at a judicial sale,  shall be deemed to have  covenanted  and agreed to pay to the  Association at the time and in the manner  required  by the Board,  assessments  or charges  as are fixed, established and collected from time to time by the Association (collectively,  the  "Assessments "). As Vacant Lots and Spec Lots (as defined herein) may not receive certain services, all Lots shall not be assessed uniformly.

Purpose of Assessments. The Assessments levied by the Association shall be used for, among other things, the purpose of operating and maintaining the Association and TOHOQUA. Assessments shall include the following categories  of  charges  as and when levied and deemed payable by the Board:

1  Any  periodic  assessment  (on  such  frequency  as  determined by  the Board) or charge  for  the  purpose  of  operating  the  Association  and  accomplishing  any  and  all of its purposes,  as  determined  in  accordance  herewith,  including,  without  limitation, payment of

TOHOOUA
Declaration
40

Operating Expenses and collection of amounts necessary to pay any deficits from prior years' operation ("InstallmentAssessments");

Any special assessments for capital  improvements,  major  repairs,  emergencies, or nonrecurring expenses ("Special Assessment"s);

Any specific fees , dues or charges to be paid for any special services, for any special or personal use of the Common Areas, or to reimburse the Association for the expenses incurred in connection with such service or use ("Use Fees");

Assessments of any kind for the creation of reasonable reserves for any of the aforesaid purposes. The Board may, but shall have no obligation to, include a "Reserve for Replacement " in the Installment Assessments in order to establish and maintain an adequate reserve fund for the periodic maintenance , repair, and replacement of improvements comprising a portion of the Common Areas (the"Reserves "). Reserves  shall be payable in such manner  and at such times as determined by the Association, and may be payable in installments extending beyond the fiscal year in which the Reserves are established;

Any specific assessment for costs incurred by the Association,  or charges, fees or  fines levied again	ecific Lot or Lots or the record title owner(s) thereof,  which amounts are  by  their  natu  p I  ble  only  to  one  or  more  Lots,  but  less  than  all  Lots  (" Individual Asses sments"). y way of example and not  limitation, in the event  an Owner  fails  to maintain their Lot or the e ·  o  ir Home in a manner  required  by the Governing  Documents,  the  Association  shall have    e		through its agents and employees, to enter upon the Lot and to repair, restore, and m  i  ain t  ot  and/or Home as required by the Governing  Documents. The   costs of any such  re  ·  st  ion  and/or  maintenance,  plus  the  reasonable  administrative expenses   of   the Assoc  ·			any costs incurred in bringing a Lot and/or Home into compliance  with  the Gove   -			ents shall be an Individual Assessment. The lien for an Individual Assessment    a					din the same manner as any other Assessment ; and

c wners in a particular Neighborhood or Neighborhoods ho      Expenses  ("NeighborhoodAssessments").  The Association is hereby autho·		· hborhood Assessments against all Lots subject to Assessment in the Neighborhood to fund Neighborhood Expenses. The lien for Neighborhood Assessments may be foreclosed in the same manner as any other Assessment.

Designation. The designation of Assessment type and  amount  shall  be  made  by  the Asso ciation. Prior to the Community Completion Date, any such designation must be approved by the Declarant. Such designation may be made on the budget prepared by the Association. The designation shall be binding upon all Owners.

Allocation of Operating Expenses.

Commencing on the first day of the period covered by the annual budget, and until the adoption of the next annual budget, the Assessments for Operating Expenses and Reserves (if any) shall be allocated so that each Owner shall pay Operating Expenses, Special Assessments and Reserves based upon a fraction, the numerator of which is one (1) and the denominator of which is the total number of Lots in TOHOQUA conveyed to  Owners  or  any greater number determined by the Declarant from time to time. The Declarant, in its sole and absolute discretion may change such denominator  from  time  to time; provided,  however, under no circumstances will the denominator be less than the number of Lots owned by Owners. In addition, any Lot that does not have a Home constructed thereon as evidenced by a Certificate of Occupancy (a" Vaca nt Lot") and any Lot that has a Home constructed thereon but is owned by the  Declarant  or  a  Builder   (a " Spec Lot")  shall  be  assessed  at  ten  percent  (10%)  of  the Installment Assessment and any Neighborhood Assessment, if applicable, assessed to Lots with Homes constructed thereon and owned by Owners. The Assessment for Vacant Lots and the

TOHOOUA
Declaration
41

Assessment for Spec Lots shall be additional income to the Association and shall be used at the discretion of the Board for any purpose, including, without limitation, future and existing capital improvements, Operating Expenses, support costs and start-up costs. At such  time  as a  Vacant Lot improved with a Home or a Spec Lot is conveyed by the Declarant or a Builder to an Owner, then the Vacant Lot and/or Spec Lot shall be deemed a fully assessed Lot and  shall  be responsible for one-hundred percent (100%) of  Assessments.  Vacant Lots  and Spec Lots shall not be included in the denominator used to determine each Owner's pro rata share  of  the Operating Expenses and Reserves (if any), unless otherwise determined by the Declarant  in its sole and absolute discretion. In no event shall the Declarant pay Special Assessments.

In the event the Operating Expenses as estimated in the budget for a particular fiscal year are, after the actual Operating Expenses for that period is known, less than the actual costs, then the difference  shall, at the election  of  the Association:  (i) be added to the calculation of Installment Assessments, as applicable, for the next ensuing fiscal year; or (ii) be immediately collected from the Owners as a Special Assessment. The Association shall have the unequivocal right to specially assess Owners retroactively on January 1st of any year for any shortfall in Installment Assessments, which Special Assessment shall relate back to the date that the Installment Assessments could have been made. After the Turnover Date, no vote of the Owners shall be required for such Special Assessment (or for any other Assessment) except to the extent specifically provided in. Prior to the Turnover, a Special Assessment may be levied by the Association with t =,rn t!::ll of (i) a majority of the Board; and (ii) fifty-one percent (51%) of the Owners' Voting nt rest resent (in person or by  proxy)  at  a  duly  noticed  meeting  of  the  members.

Eac  wnearrees  that  so  long  as  it  does  not  pay  more  than  the  required amount it shall have n		on which to object to either the method of payment or non- payment by other Owne	e arant of any sums due.

th,.....-,..i,.,.n.....tn. Installment Assessments and Reserves (if any) shall
, xcept as provided herein.  Special  Assessments  and ner. Neighborhood Assessments shall be allocated
gh rhood. Notwithstanding anything to the contrary contained in the Governing Docume s, Btlj OJeettOlthe rights of the Declarant pursuant to Section 17.8 of this Declaration, Vacant Lots and Spec Lots shall be assessed at ten percent (10%) of the Installment Assessments and any Neighborhood Assessment, if applicable, assessed to Lots with Homes constructed thereon and owned by Owners. This lesser Assessment amount reflects that Vacant Lots and Spec Lots will not benefit from maintenance and other services provided by the Association. At such time as a Home is conveyed by the Declarant to an Owner, then the Spec Lot shall be deemed a fully assessed Lot and shall be responsible for one-hundred percent (100%) of Installment Assessments and Special Assessments, except as otherwise provided herein. Notwithstanding any other provision to the contrary, Vacant Lots and Spec Lots shall not be responsible for Reserves.

Use Fees and Individual Assessment. Except as hereinafter  specified  to the  contrary, Use Fees and Individual Assessments shall be made against the record title owner of  a Lot  benefiting from, or subject to, the special service or cost as specified by the Association. The Declarant shall not be required to pay Use Fees or Individual Assessments.

Commencement of First Assessment.  Assessments  shall commence  as to each Owner on the day of the conveyance of title of a Home to such Owner. Assessments shall commence as to a Builder on the day of the conveyance of title of such Lot from the Declarant to Builder.  The record title owner of a Lot is jointly and severally liable with the previous record title owner of the Lot for all unpaid Assessments that came due up to the time of transfer of title. A record title owner of a Lot, regardless of how title to the Lot has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all Assessments that come due while such person or entity was the record title owner of the Lot. An Owner's liability for Assessments may not be avoided by waiver or suspension of the

TOHOOUA
Declaration
42

use or enjoyment of any Common Areas or Facilities or by abandonment of the Lot upon which the Assessments are made.

Shortfalls and Surpluses. Each Owner acknowledges that because Installment Assessments, Special  Assessments,  and Reserves  are allocated based on the formula provided herein, or upon the number of Lots conveyed to Owners in the prior fiscal year, it is possible the Association may collect more or less than the amount budgeted for Operating Expenses. Prior to the Turnover,  the Declarant shall have the option to (i) pay any Operating Expenses incurred  by  the  Association  that exceed the Assessments receivable from Owners and Builders and other income of the Association, including, without limitation, the Initial Contributions and Resale Contributions, late fees and interest (the "Deficit"), or (ii) pay Installment Assessments on Homes or Lots owned by the Declarant at the applicable rate of Installment Assessments established for Lots and Homes, including Vacant Lots and Spec Lots. Notwithstanding any other provision of this Declaration to the contrary, the Declarant shall never  be required to (i) pay Assessments if the Declarant has elected to fund the Deficit instead of paying Assessments on Homes or Lots owned by the Declarant, (ii) pay Special Assessments, Individual Assessments or Reserves, or (iii) fund deficits due to delinquent Owners. Any surplus Assessments collected by the Association may be allocated towards the next year's Operating Expenses or, in the Board's sole  and absolute discretion,  to the creation  of  Reserves,  whether  or not budgeted.   Under  no
circumstances  shall the Association  be required to pay surplus  Assessments  to Owners  or Builders. The
Declarant  may  at  any  t.iaethirty  (30)  days  prior  written  notice  to  the  Association  terminating  its

responsibility for funding	e· "t, and waiving its right to exclusion from Assessments.  Upon giving  such notice, or upon Tur o er, i hever is sooner, each Lot owned by the Declarant shall thereafter be assessed  at the applicab		stallment Assessments established for Lots and Homes, including Vacant  Lots  and  Spec  Lots.    T		clarant shall not be responsible for any Reserves, Individual Assessments or Special  Asse   ent    ven after the Turnover.  The Declarant  shall be assessed only for Lots  which  are subject to the					this Declaration. Upon transfer of title of a Lot owned by the Declarant,  the Lot shall be asse			e mount established for Lots owned by Owners other than the Declarant, or at the amount estahIic,i,,,.,c:n, cant Lots or Spec Lots, as applicable, prorated as of and commencing  with, the month						of transfer of title.

I	A GUARANTEE OF THE LEVEL OF ASSESSMENTS. AR		TEED LEVEL OF ASSESSMENTS DUE FROM
'-l2!: e.B.9.N- LECTS TO DEFICIT FUND IN LIEU OF PAYING ASSESSMENTS ON THE SAME BASIS AS OTHER OWNERS, THE DECLARANT SHALL SPECIFICALLY ELECT TO FUND THE DEFICIT AS PROVIDED IN SECTION 720.308(1)(B}, FLORIDA STATUTES (2017). AS SUCH, THE PROVISIONS OF SECTIONS 720.308(2) THROUGH 720.308(6), FLORIDA STATUTES (2017), ARE NOT APPLICABLE TO THE DECLARANT OR THE CALCULATION OF THE DEFICIT OR OTHER AMOUNTS DUE FROM THE DECLARANT.

Budgets. The initial budget prepared by the Declarant is adopted as the budget for the period of operation until adoption of the first annual Association budget. Thereafter,  annual budgets shall  be prepared and adopted by the Board. Assessments shall be payable by each Owner and Builder as provided in this Declaration. THE INITIAL BUDGET OF THE ASSOCIATION IS PROJECTED  (NOT BASED ON HISTORICAL OPERATING FIGURES). THEREFORE, IT IS POSSIBLE THAT ACTUAL ASSESSMENTS MAY BE LESS OR GREATER THAN PROJECTED.

Establishment of Assessments. Assessments  shall be  established  in accordance  with the following procedures:

Installment Assessments and Neighborhood Assessments shall be established by the adoption of a twelve (12) month operating budget by the Board. The budget shall be in the form required by Section 720.303(6), Florida Statutes (2017). The Board may from time to time determine when the Installment Assessments  and Neighborhood  Assessments  will be collected by the Association (i.e. monthly, quarterly, or annually). Unless otherwise  established  by the Board, Installment Assessments and Neighborhood  Assessments  shall be collected  in advance on a quarterly basis;

TOHOQUA
Declaration
43

Special Assessments and Individual Assessments may be established by the Association, from time to time, and shall be payable at such time or time(s) as determined by the Board. Until the Community Completion Date, no Special Assessment shall be  imposed  without the consent of the Declarant; and

Association may establish, from time to time, by resolution, rule or regulation, or by delegation to an officer or agent, including , a professional management company, Use Fees. The sums established shall be payable by the Owner utilizing the service or facility as determined by the Asso ciation.

Initial Contribution. The first purchaser of each Lot or Home from the Declarant or a  Builder, other than an Authorized Builder, at the time of closing of the conveyance from the Declarant or a Builder to the purchaser, shall pay to the Association an initial contribution in the amount of Two Hundred and No/100 Dollars ($200.00) (the" Initial Contribution"). The funds derived from the Initial Contributions are income to the Association and shall be used at the discretion of Board for any purpose, including, without limitation , future and existing capital improvements, Operating Expenses, support costs and start­ up costs. Notwithstanding any other provision of this Declaration to the contrary, an Authorized Builder purchasing a Lot from the Declarant shall not be obligated to pay the Initial  Contribution  to  the Association, but shall be obligated to collect the Initial Contribution and remit the same to the Association upon conveyance of a Home Owner.

'"'"R""se"'a==-le=--=."-'--\":..=.:::..s,,,::;,i·   After  the Home has been conveyed by the Declarant  or a Builder, there  shall be collected fr	aser upon every subsequent conveyance  of an ownership interest in a Home by  an Owner  a  res   e		ution in the amount equal to Two Hundred and No/100 Dollars ($200.00) (the "Resale Contr"			he Resale Contribution shall not be applicable to conveyances from  the Declarant  or any Bui				nds derived from the Resale Contributions are income to the Association  and  shall be used	· er tion of Board for any purpose, including, without limitation, future   and   existing capital  impro						perating Expenses, support costs and start-up costs. Notwithstanding any  other  pr ·   10					claration to the contrary, a Builder purchasing a Lot from the Declarant  shall not be oblig    d t							ale Contribution to the Association.

Assessment Esto	es. o Owner shall sell or convey its interest in a Lot or Home unless all sums due to the As !!2.!).Jlaf\fe'"been paid in full and an estoppel certificate shall have been received by such Owner. The Association shall prepare and maintain a ledger noting Assessments due from each Owner. The ledger shall be kept in the office of the Association, or its designees, and shall be open to inspection by any Owner. Within fourteen (14) days of receipt of a written request therefor from an Owner, there shall be furnished to an Owner an estoppel certificate in writing setting forth whether the Assessments have been paid and/or the amount that is due as of any date. As to parties other than Owners who, without knowledge of error, rely on the certificate, the certificate shall be conclusive evidence of the amount of any Assessment therein stated. The Owner requesting the estoppel certificate shall be required to pay the Association, or its Manager (as defined below), as applicable, a reasonable sum to cover the costs of examining records and preparing such estoppel certificate.

Payment of Home Real Estate Taxes. Each Owner shall pay all taxes and obligations relating to its Lot which, if not paid, could become a lien against the Lot that is superior to the lien for Assessments created by this Declaration.

Creation of the Lien and Personal Obligation . Each Owner and Builder, by acceptance of a deed or instrument of conveyance for the acquisition of title to a Lot, shall be deemed to have covenanted and agreed that the Assessments, and/or other charges and fees set forth herein, together with interest, late fees, costs and reasonable attorneys' fees and paraprofessional fees at all levels of proceedings including appeals, collections and bankruptcy, shall be a charge and continuing lien in favor of the Association encumbering the Lot and all personal property located thereon owned by the Owner or Builder against whom each such Assessment is made. The lien is effective from and after recording a Claim of Lien in the Public Records stating the legal description of the Lot, name of the Owner or Builder, and the amounts due as of that date, but shall relate back to the date that this Declaration is recorded.

TOHOOUA
Declaration
44

The Claim of Lien shall also cover any additional amounts which accrue thereafter until satisfied. Each Assessment, together with interest, late fees, costs and reasonable attorneys' fees and paraprofessional fees at all levels including appeals, collections and bankruptcy, and other costs and expenses provided for herein, shall be the personal obligation of the person or entity that was the record title owner of the Lot at the time when the Assessment became due, as well as the such record title owner's heirs, devisees, personal representatives , successors or assigns.

Subordination of the Lien to Mortgages. The lien for Assessments shall be subordinate to  (i} the liens of all taxes, bonds, assessments, including COD assessments, and other governmental levies which by law would be superior, and (ii) the lien or charge of a bona  fide  first mortgage  held by a Lender on any Lot, if the mortgage is recorded in the Public Records prior to the Claim of Lien. The lien for Assessments shall not be affected by any sale or transfer of a Lot, except in the event of  a  sale  or  transfer of a Lot pursuant to a foreclosure (or by deed in lieu of  foreclosure  or otherwise)  of a bona fide first mortgage held by a Lender, in which event, the acquirer of title, its successors and assigns, shall be liable for Assessments which became due prior to such sale or transfer to the extent provided in Section 720.3085, Florida Statutes (2017). Any such unpaid Assessments for which such acquirer of title is not  liable may be reallocated and assessed to all Owners (including such acquirer of title} as a part  of Operating Expenses. Any sale or transfer pursuant to a foreclosure (or by deed in lieu of foreclosure or otherwise pursuant to a foreclosure) shall not relieve the record title owner from liability for, nor the  Lot from, the lien of any Assess ts made thereafter. Nothing  herein  contained  shall  be construed  as  releasing  the party liable f	inquent Assessments from  the payment  thereof, or the enforcement of collection by means ot er than o eclosure. A Lender shall give written notice to the Association if the mortgage  held by such Le		fault. The Association shall have the right, but not the obligation, to cure such default within the 11 e provided in the mortgage held by such Lender. In the event the Association makes such paym n  on b  If of a record title owner, the Association shall, in addition  to all  other  rights  reserved herein, b		g to all of the rights of  the  Lender. All amounts  advanced  on behalf  of  a record  title owner pu			th Section shall be added to Assessments payable by such record title owner with appropriate in

Acceleration . In   e e  , d ult in the payment of any Assessment, the Association may accelerate the Assessments then due for p the next ensuing twelve (12) month period.

Non-Pa  ment of  Ass s      n	Assessment is not paid within ten (10) days (or such other period of time established oy the Board) after the due date, a late fee of Twenty-Five and no/100 Dollars ($25.00) per month (or such greater amount established by the Board}, together with interest in an amount equal to the maximum rate allowable by law (or such lesser rate established by the Board), per annum, beginning from the due date until paid in full , may be levied. The late fee shall compensate the Association for administrative costs, loss of use of money, and accounting expenses. The Association may, at any time thereafter, bring an action at law against the record title owner personally obligated to pay the same, and/or foreclose the lien against the Lot, or both. The Association shall not be required to bring such an action if it believes that the best interests of the Association would not be served by doing so. There shall be added to the Assessment all costs expended in preserving the priority of the lien and all costs and expenses of collection, including attorneys' fees and paraprofessional fees, at all levels of proceedings, including appeals, collection and bankruptcy. No Owner may waive or otherwise escape liability for Assessments provided for herein by non-use of, or the waiver of the right to use the Common Areas or by abandonment of a Lot or Home. All payments on accounts shall be first applied to fines levied in accordance with the terms of this Declaration, then to interest accrued by the Association, then to any administrative late fee, then to costs and attorneys' fees, and then to the delinquent Assessment payment first due. The allocation of payment described in the previous sentence shall apply notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment.

Exemption. Notwithstanding anything to the contrary herein, neither the Declarant nor the District shall not be responsible for any Assessments of any nature or any portion of the Operating Expenses, except as the record title owner of a Home, if applicable. Further, and notwithstanding anything to the contrary herein, the Declarant shall not be responsible for Special Assessments or

TOHOQUA
Declaration
45

Rese rves. The Declarant, at Declarant's sole option, may pay Assessments on Lots owned by it, or fund the Deficit, if any, as set forth in Section 17.8 herein. In addition, the Board shall have the right to exempt any portion of TOHOQUA subject to this Declaration from the Assessments, provided that such part of TOHOQUA exempted is used (and as long as it is used) for any of the following purposes:

Any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; and

Any of TOHOQUA exempted from ad valorem  taxation by the laws of the State of Florida or exempted from Assessments by other provisions of this Declaration.

Collection by Declarant. If for any reason the Association shall fail or be unable to levy or collect Assessments, then in that event, the Declarant shall at all times have the right, but not the obligation: (i) to advance such sums as a loan to the Association to bear interest and to be repaid as hereinafter set forth; and/or (ii) to levy and collect such Assessments by using the remedies available as set forth above, including, but not limited to, recovery of attorneys' fees and paraprofessional fees at all levels including appeals, collections and bankruptcy. Such remedies shall be deemed assigned to the Declarant for such purposes. If the Declarant advances sums, it shall be entitled to immediate reimbursement , on demand, from the Association for such amounts so paid, plus interest thereon at the Wall Street Journal Prime R lus two percent (2%), plus any costs of collection  including, but not limited to, reasonable atto	and paraprofessional fees at all levels including appeals, collections and bankruptcy.

Ri  his to Pa	ts and Receive Reimbursement. The Association, the Declarant and any Lender  shall have th		ot the obligation, jointly and severally, and at their  sole option, to pay any  Assessments or ot			hich are in default and which may or have become a lien or charge  against  any  Lot or Ho	pii!_d, the party paying the same shall be subrogated to the enforcement rights of the Associatin,,_,,.,,,..,.r ad to the amounts due.
y request in writing the Association notify such Lender of any default of the Owner  of  the Home  su  J  to  the Lender's  mortgage  which default  is not cured within  thirty  (30)  days  after  Associa·  n  le  n  of  ch default.  A  failure  by the  Association  to furnish notice  to  any  Lender  shall  not resu   i	e Association because such notice is given as a courtesy to a Lender and the furnishing of such notice is not an obligation of the Association to Lender.

17.23   Collection  from Lessees.   If a Home is occupied by a Lessee and the Owner is delinquent in the payment of Assessments, the Association may demand from the  Lessee  payment  to  the Association of all monetary obligations, including, without limitation, Assessments  due from the Owner to the Association. So long as the Owner remains delinquent,  future  rent payments  due to the Owner must be paid to the Association and shall be credited to the monetary obligations of the Owner to  the Association; provided, however, if within fourteen  (14) days from  the written demand of  the Association, the Lessee provides the Association with written evidence of making prepaid rent payments, the Lessee shall receive a credit for the prepaid rent for the applicable period of such prepaid rent.

Information to Lenders, Builders and Owners.

Availability. There shall be available for inspections upon request, during normal business hours or under other reasonable circumstances, to Owners, Builders and Lenders current copies of the Governing Documents.

Copying. Any Owner, Builder and/or  Lender  shall be  entitled,  upon  written request,  and at its cost, to a copy of the documents referred to above.

Notice. Upon written request by a Lender (identifying the name  and  address  of  the Lender and the name and address of the applicable Owner), the Lender will be entitled to timely written notice of:

TOHOOUA
Declaration
46

·-·- ---------------------

Any condemnation loss or casualty loss which affects a material portion of a Home to the extent the Association is notified of the same;

Any delinquency in the payment of Assessments owed by an Owner of a Home subject to a first mortgage held by the Lender, which remains uncured for a period of sixty (60) days;

Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained hereunder; and

Any proposed action that specifically requires the consent of a Lender.

Failure of Lender to Respo nd. Any Lender who receives a written request to respond to proposed amendment(s) to the Governing Documents shall be deemed to have approved such amendment(s) if the Lender does not submit a response to any such request within sixty (60) days after it receives proper notice of the proposed amendment(s;) provided such request is delivered to the Lender by certified or registered mail, return receipt requested.

Design Control.

Desi n R	d. The ORB shall be a permanent committee of the Association and shall administer and perf		itectural, design and landscape review and control functions relating to TOHOQUA. The ORB s     n     f a minimum of three (3) members who shall initially be named by the Declarant and who shall ho o· t the pleasure of the Declarant. Until the Community Completion Date, the Declarant shall hav t e rig change the number of members on the ORB, and to appoint, remove, and replace all memb			B. The Declarant shall determine which members of the DRS shall serve as its chairman and c        ir		In the event of the failure, refusal, or inability to act of any of the members appointed by the$eca ,  eclarant shall have the right to replace any member within thirty (30) days of such occurr   e    he D cl rant fails to replace that member, the remaining members of  the  ORB shall fill the vacanc    y      oi			From and after the Community Completion Date, the Board shall have the same rights as the Deel			ith respect to the ORB.	·
Membership. There   Association.

General Plan. It is the intent of this Declaration to create a general plan and scheme of development of TOHOQUA. Accordingly, the ORB shall have the right to approve or disapprove all design, landscaping, and improvements within TOHOQUA by Owners. The DRS shall have the right to evaluate  all  plans  and  specifications as  to  harmony  of  exterior  design,  landscaping,  location  of  any proposed improvements, relationship to surrounding structures, topography and conformity with such other reasonable requirements as shall be adopted by OR B. The DRS may impose standards for construction and development which may be greater or more stringent than standards prescribed in applicable building, zoning, or other local governmental codes. Prior to the Community Completion Date, any additional standards or modification of existing standards shall require the consent of the Declarant, which may be granted or denied in its sole discretion.

Master Plan. The Declarant has established an overall Master Plan. However, notwithstanding the above, or any other document, brochures or plans, the Declarant reserves the right to modify the Master Plan or any site plan at any time as it deems desirable in its sole discretion and in accordance with applicable laws and ordinances. WITHOUT LIMITING THE FOREGOING, THE DECLARANT AND/OR BUILDERS MAY PRESENT TO THE PUBLIC OR TO OWNERS RENDERINGS, PLANS, MODELS, GRAPHICS, TOPOGRAPHICAL TABLES, SALES BROCHURES, OR OTHER PAPERS RESPECTING TOHOQUA. SUCH RENDERINGS, PLANS, MODELS, GRAPHICS, TOPOGRAPHICAL  TABLES, SALES  BROCHURES, OR  OTHER  PAPERS  ARE NOT  A  GUARANTEE OF HOW TOHOQUA WILL APPEAR UPON COMPLETION AND THE DECLARANT RESERVES THE

TOHOOUA
Declaration
47

Book5329/Page50	CFN#2018072141	Page 48 of 104

RIGHT TO CHANGE ANY AND ALL OF THE FOREGOING AT ANY TIME  AS  THE  DECLARANT DEEMS NECESSARY IN ITS SOLE AND ABSOLUTE DISCRETION.

Design Review Manual. Each Owner and its contractors and employees  shall observe, and comply with, the Design Review Manual or any other standards that now or may hereafter be promulgated by the Declarant or the ORB . The Design Review Manual shall be effective from the date of adoption; shall be specifically enforceable by injunction or otherwise; and shall have the  effect  of covenants as if set forth herein verbatim. The Design Review Manual shall not require  any Owner  or Builder to alter the improvements approved by the ORB and previously constructed. Until the Community Completion Date, the Declarant shall have the right to approve the Design  Review  Manual,  which approval, may be granted or denied in its sole discretion.

Quorum. A majority of the ORB shall constitute a quorum to transact business at any meeting. The action of a majority present at a meeting at which a quorum is present shall constitute the action of the ORB . In lieu of a meeting, the ORB may act in writing.

Power and Duties of the ORB . No improvements shall be constructed on a  Lot,  no exterior of a Home shall be repainted, no landscaping, sign, or improvements  erected,  removed, planted, or installed upon a Lot, nor shall any material addition to or any change, replacement, or alteration of the improvements  as originally	ucted by the Declarant or Builders (visible from the exterior of the Home) be made until the  a  an  pecifications  showing the nature, kind, shape, height, materials, floor  plans, color  scheme, and t   loc  ti  n of  same shall have been submitted  to and approved  in writing by   the ORB.

A

Procedure. In tain the approval of the ORB, each Owner shall observe the following:
Each ap tr submit an application to the ORB with respect to any proposed improveme o ater' ange in an improvement, together  with  the  required application(s) and othe e( as t · hed by the ORB. The applications shall include such information as may be required by th  lication form adopted by the ORB. The ORB may also require submission of sampl    of b  11    n     terials and colors proposed to be used. At the time of such submissions, the ap ·	,   uested, submit to the ORB, such site plans, plans and specifications for the proposed improvement, prepared and stamped by a registered Florida architect or residential designer, and landscaping and irrigation plans, prepared by a registered landscape architect or designer showing all existing trees and major vegetation stands and surface water drainage plan showing existing and proposed design grades, contours relating to the predetermined ground floor finish elevation, pool plans and specifications and the times scheduled for completion, all as reasonably specified by the ORB.

In the event the information submitted to the ORB is, in the DRB's opinion, incomplete or insufficient in any manner, the ORB may request and require the submission of additional or supplemental information. The applicant shall, within fifteen (15) days thereafter, comply with the request.

No later than forty-five (45) days after receipt of all information required by the ORB for final review, the ORB shall approve or deny the application in writing.  The  ORB  shall have the right to refuse to approve any plans and specifications which are not suitable  or  desirable, in the DRB's sole discretion , for aesthetic or any other reasons or to impose qualifications and conditions thereon. In approving or disapproving such plans and specifications, the ORB shall consider the suitability of the proposed improvements, the materials of which the improvements are to be built, the site upon which the improvements are proposed to be erected,  the harmony thereof with the surrounding area and the effect thereof on adjacent or neighboring property. In the event the ORB fails to respond within said forty-five (45) day period, the plans and specifications shall be deemed disapproved by the ORB.

TOHOOUA
Declaration
48

Construction of all improvements shall be completed within the time period set forth in the application and approved by the ORB.

In the event that the ORB disapproves any plans and specifications,  the applicant may request a rehearing by the ORB for additional review of the disapproved plans and specifications. The meeting shall take place no later than forty-five (45) days after written request for such meeting is received by the ORB, unless applicant waives this time requirement in writing. The ORB shall make a final written decision no later than forty-five (45)  days after  such meeting. In the event the ORB fails to provide such written decision within said forty-five (45) days,  the  plans and specifications shall be deemed disapproved.

Upon final disapproval (even if the members of the Board and the ORB are the same), the applicant may appeal the decision of  the ORB to the Board within forty-five  (45)  days of the DRB's written review and disapproval. Review by the Board shall take place no later than forty-five (45) days subsequent to the receipt by the Board of the applicant's  request  therefor.  If the Board fails to hold such a meeting within forty-five (45) days after receipt of request for such meeting, then the plans and specifications shall be deemed disapproved. The Board shall make a final decision no later than sixty (60) days after such meeting. In the event the Board fails  to provide such written decision within said sixty (60) days after such meeting, such plans and specifications sh   amled disapproved. The decision of the ORB, or, if appealed, the Board, shall be final an b" in  upon  the applicant,  its heirs,  legal representatives, successors  and  assigns.

Alterations. A alterations, deletions, additions and changes of any type or nature whatsoever to then e s ·ng i vements or the plans or specifications previously approved by the ORB shall be subject to t	r of the ORB in the same manner as required for approval of original plans and specifications.

B  shall  have  the  power  to  grant  variances from  any the Design Review Manual, on a case by case basis, and results from a hardship upon the applicant. The rwis affect the right to require strict compliance with the
tt'l_ §ig_o:i; ·iew Manual on any other occasion.

Permits. Each Owner and Builder is solely responsible to obtain all required building and other permits from all governmental authorities having jurisdiction.

Construction Activities. The following provisions govern construction activities by Owners after consent of the ORB has been obtained:

Each Owner shall deliver to the ORB, if  requested, copies of all construction  and building permits as and when received by the Owner. Each construction site in TOHOQUA shall be maintained in a neat and orderly condition  throughout  construction.  Construction  activities shall be performed on a diligent, workmanlike and continuous basis. Roadways, easements, swales, Common Areas and other such areas in TOHOQUA shall be kept clear of construction vehicles, construction materials and debris at all times. No construction  office  or trailer shall be kept in TOHOQUA and no construction materials shall be stored in TOHOQUA, subject, however, to such conditions and requirements as may be promulgated by the ORB. All refuse and debris shall be removed or deposited in a dumpster  on a daily  basis.  No materials shall be deposited or permitted to be deposited in any Common Areas or other Lots or be placed anywhere outside of the Lot upon which the construction is taking place. No hazardous waste or toxic materials shall be stored, handled and used, including, without limitation, gasoline and petroleum products, except in compliance with all applicable federal, state and local statutes, regulations and ordinances, and shall not be deposited in any manner on, in or within the construction or adjacent property. All construction activities shall comply with the Design Review Manual. If an Owner (or any of its respective contractors and employees) shall fail to comply in

TOHOOUA
Declaration
49

any regard with the requirements of this Section, the DRB may require that such Owner post security with the Association in such form and such amount deemed appropriate by the DRB in its sole discretion.

There shall be provided to the DRB, if requested, a list (name, address, telephone number and identity of contact person), of all contractors, subcontractors, materialmen and suppliers (collectively, " Contractors") and changes to the list as they occur relating to construction. Contractors, Builders, and their employees shall utilize those roadways and entrances into TOHOQUA as are designated by the DRB for construction activities. The DRB shall have the right to require that Contractors' and Builders' employees check in at the designated construction entrances and to refuse entrance to persons and parties whose names are not registered with the DRB.

Each Owner is responsible for ensuring compliance with all terms  and  conditions of these provisions and of the Design Review Manual by all of its employees and Contractors. In the event of any violation of any such terms or conditions by any employee or Contractor, or, in the opinion of the DRB, the continued refusal of any employee or Contractor to comply with such terms and conditions, after five (5) days ' notice and right to cure, the DRB shall have, in addition to the other rights hereunder, the right to prohibit the violating employee or Contractor from pert · any further services in TOHOQUA.

B may, from time to time, adopt standards  governing the performance  or  conduct  of  O	actors and their respective employees within TOHOQUA. Each Owner  shall comply wi		andards and cause its respective employees to also comply with same. The DRB may so p[ ulgate requirements to be inserted in all contracts relating to construction within TO			each Owner shall include the same therein.

reserved to the Association and DRB and to any agent or d inspection upon any portion of  TOHOQUA  at any time of determining whether there exists any violation of the
nor the Design Review Manual.

Violation . Without ·	r provision herein, if any improvement shall be constructed or altered without prior written approval , or in a manner which fails to conform with the approval granted, the Owner shall, upon demand of the Association or the DRB, cause such improvement to be removed, or restored until approval is obtained or in order to comply with the plans and specifications originally approved. The applicable Owner shall be liable for the payment of all costs of removal or restoration, including all costs and attorneys' fees and paraprofessional fees at all levels including appeals, collections and bankruptcy, incurred by the Association or DRB. The costs shall be deemed an Individual Assessment and enforceable pursuant to the provisions of this Declaration. The DRB and/or Association are specifically empowered to enforce the design and landscaping provisions of this Declaration and the Design Review Manual, by any legal or equitable remedy.

Court Costs. In the event that it becomes necessary to resort to litigation to determine the propriety of any constructed improvement or to cause the removal of any unapproved improvement, the prevailing party shall be entitled to recover court costs, expenses  and  attorneys'  fees  and paraprofessional fees at all levels, including appeals, collections and bankruptcy, in connection therewith.

Certificate. In the event that any Owner fails to comply with the provisions contained herein, the Design Review Manual, or other rules and regulations promulgated by the DRB, the Association and/or ORB may, in addition to all other remedies contained herein, record a Certificate of Non-Compliance against the Lot stating that the improvements on the Lot fail to meet the requirements of this Declaration and that the Lot is subject to further enforcement remedies.

Certificate of Compliance. If requested by an Owner, prior to the occupancy of any improvement constructed or erected on any Lot by other than the Declarant, or its designees, the Owner

TOHOOUA
Declaration
50

shall obtain a Certificate of Compliance from the ORB, certifying that the Owner has complied with the requirements set forth herein. The ORB may, from time to time, delegate to a member or members of the ORB the responsibility for issuing the Certificate of Compliance. The issuance of a Certificate of Compliance does not abrogate the DRB's rights set forth in this Section 19.

Exemption. Notwithstanding anything to the contrary contained in the Governing Documents, including, without limitation, the Design Review Manual, any improvements of any nature made or to be made by the Declarant, an Authorized Builder, the COD, or their agents, assigns or Contractors, including, without limitation, improvements made or to be made to the Common Areas or Facilities, as applicable, or any Lot or Home, shall not be subject to the review of the OR B, the Association, or the provisions of this Declaration or the Design Review Manual.

Exculpation. The Declarant, the Association, the directors or officers of the Association, the ORB, the members of the ORB, or any person acting on behalf of any of them, shall not be liable for any cost or damages incurred by any Owner or Builder or any other party whatsoever, due to any mistakes in judgment, negligence, or any action of the Declarant, the Association, ORB or their members, officers, or directors, in connection with the approval or disapproval of plans and specifications. Each Owner agrees, individually and on behalf of its heirs, successors and assigns by acquiring title to a Lot, that it shall not bring any action or suit against the Declarant, the Association, or their respective directors or officers, the ORB or the bers of the ORB, or their respective agents, in order to recover any damages caused by the t'o	he Oeclarant, the Associa tion, or ORB or their respective members, officers, or directors in c n ctio ith the provisions of this Section 19. The Association does hereby indemnify, defend and ho O clarant, the ORB, and each of their members, officers, and directors harmless from all costs, exp      s      liabilities, including attorneys' fees and paraprofessional fees at  all levels, including appeals, o  nat   resulting by virtue of the acts of the Owners, the Association,  ORB or their members, officer nd e rs. The Declarant, the Association, its directors or officers, the ORB or its members, or any pe  c· g  n behalf  of any of  them, shall not be responsible  for any  defects in any plans or specification  -  a  re of same to comply with applicable laws or code nor for any defects in any improve t onstr ct d pursuant thereto. Each party submitting plans  and specifications for approval sha e Sible for the sufficiency thereof and for the quality of construction performed pursuant thereto.

Enforcement.

Right to Cure. Should any Owner do any of the following:

Fail to perform its responsibilities as set forth herein or otherwise breach the provisions of the Declaration including, without limitation, any provision herein benefiting SFWMO;

Cause any damage to any improvement or Common Areas or Facilities;

Impede the Declarant, any Builde,r the District or the Association from
exercising its rights or performing its responsibilities hereunder;

Undertake unauthorized improvements or modifications to a Lot, Home, the Common Areas or Facilities; or

Impede the Oeclarant or any Builder from proceeding with or completing the development of TOHOQUA; then the Declarant, any affected Builder, and/or the Association, where applicable, after reasonable prior written notice, shall have the right, through its agents and employees, to cure the breach, including, but not limited to, the entering upon the Lot and causing the default to be remedied and/or the required repairs or maintenance to be performed, or as the case may be, remove unauthorized improvements or modifications. The cost thereof, plus reasonable overhead costs and attorneys' fees and paraprofessional fees at all levels including

TOHOOUA
Declaration
51

Book5329/Page54	CFN#2018072141	Page 52 of 104

appeals, collections and bankruptcy, incurred shall be assessed against the Owner  as  an Individual Assessment.

Non-Monetary Defaults. In the event of a violation by any Owner, other than the nonpayment of any Assessment or other monies, of any of the provisions  of  this  Declaration,  the Declarant or the Association shall notify the Owner of  the  violation, by written notice. If  such violation is not cured as soon as practicable and in any event within seven (7) days after receipt  of  such  written notice, the party entitled to enforce same may, at its option:

Commence an action to enforce the performance on the part of the Owner, or to enjoin the violation or breach or for equitable relief as may be necessary under the circumstances, including injunctive relief; and/or

Commence an action to recover damages; and/or

Take any and all action reasonably necessary to correct the violation or breach.

Enforcement B  or	r ersons. In addition to the foregoing, this Declaration may be enforced by the Declarant and/or, where applicable, the District, Owners, Builders, and/or the Association by any procedure at law or in equity against any person violating or attempting to violate any provision herein, to restrain such violation, to require compliance with the provisions contained herein, to recover damages , or to enforce any lien created herein. The Association has the right, but not the obligation, to enforce the provisions of this Declaration and the Design Review Manual. Further, neither the Association nor the Declarant has any obligation whatsoever to become involved in any dispute between Owners in connection with this Declaration. The expense of any litigation to enforce this Declaration or the Design Review Manual shall be borne by the person against whom enforcement is sought, provided such proceeding results in a finding that such person was in violation of this Declaration or the Design Review Manual. SFWMD shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Declaration which relate to the maintenance, operation and repair of SWMS.

Fines and Suspensions. The Board may suspend , tor reasonable periods of time , the rights of an Owner or an Owner's Lessees, guests and invitees, or both, to use the Common Areas and Facilities and may levy reasonable fines, not to exceed the maximum amounts permitted by Section 720.305(2), Florida Statutes (2017), against an Owner, Le ssee, guest or invitee, for failure to comply with any provision of this Declaration including, without limitation , those provisions benefiting SFWMD.

A tine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. Fines in the aggregate are not capped to any amount.

TOHOOUA
Declaration
52

A fine or suspension may not be imposed without delivery of a notice of at least fourteen (14) days to the person sought to be fined or suspended and  an  opportunity  for  a hearing before a committee of at least three (3) persons (the "Covenants Enforcement Committee") appointed by the Board who are not officers, directors or employees of the Association, or the spouse, parent, child, brother, sister of an officer, director or employee. If the Covenants Enforcement Committee does not by a majority vote approve a fine or suspension the same may not be imposed. The written notice of violation shall be  in  writing  to  the  Owner, Lessee, guest or invitee and detail the infraction or infractions. Included in the notice shall be the date and time of the hearing of the Covenants Enforcement Committee.  If  the  Association imposes a fine or suspension, the Association must provide written notice of such suspension by mail or hand delivery to the Owner or Lessee . The notice and hearing requirements under this Section 20.6.2 do not apply to suspensions imposed due to an Owner's failure to pay monetary obligations due to the Association; however, any such suspension  must  be  approved  at  a properly noticed meeting of the Association's Board of Directors.

The non-compliance shall be presented to the Covenants Enforcement Committee acting as a tribunal, after which the Covenants Enforcement Committee shall hear reasons why a fine should not be imposed. The hearing  shall be conducted  in accordance  with the procedures adopted by the Covenants Enforcement Committee from time to time. A written decision  of the Cove	Enforcement Committee shall be submitted to the Owner, Lessee, guest  or invitee, a		le, by not later than twenty-one (21) days after the meeting of the Covenants Enforc			mittee. The Owner, Lessee, guest or invitee shall have a right to be represented by co				cross-examine witnesses.

ena s Enforcement Committee may approve a fine imposed by the
aunt of One Hundred and no/100 Dollars ($100.00) (or any om  time  to  time)  for  each  violation.  Each  day  of  non­ te violation and there is no cap on the aggregate amount
e may fine an Owner, Lessee, guest or invitee. Fines shall ceipt of notice of the imposition of the fine. All monies
cted by the Board of Directors. Any fine in excess of I c		stitute a lien against the applicable  Lot, and a fine
!!!J;lfo(i)Pvlfise permitted under Florida law.

Additional Rights of Declarant and Authorized Builders.

Sales and Administrat ive Offices. The Declarant and Authorized Builders shall have the perpetual right to take such action reasonably necessary to transact any business necessary to consummate the development of TOHOQUA and sales and re-sales of Lots, Homes and/or  other  properties owned by the Declarant outside of  TOHOQUA.  This right  shall include, but  not  be limited to, the right to maintain models, sales offices and parking associated therewith, have signs on any portion of TOHOQUA, including Common Areas or Facilities, as applicable, employees in the models and offices without the payment of rent or any other fee, maintain offices in models and use of the Common Areas or Facilities, as applicable, to show Lots or Homes. The sales office and signs and all items pertaining to development and sales remain the property of the Declarant  and/or Authorized Builders,  as  applicable. The Declarant and Authorized Builders shall have all of the foregoing rights  without charge or expense.  The rights reserved hereunder shall extend beyond the Turnover Date.  Notwithstanding  any  other provision of this Declaration to the contrary, the exercise of any rights reserved in favor of Authorized Builders pursuant to this Section 21.1 shall be subject to the Declarant's  prior  written  authorization provided in a written instrument executed by the Declarant and, at the Declarant's option, recorded in the Public Records.

Modification. The development and marketing of TOHOQUA will continue as deemed appropriate in the Declarant's sole discretion, and nothing in this Declaration or the  Design  Review Manual, or otherwise, shall be construed to limit or restrict such development and marketing. It may be necessary or convenient for the development of TOHOQUA to, as an example and not a limitation,

TOHOOUA
Declaration
53

amend the Master Plan, modify the boundary lines of the Common Areas, grant easements, dedications, agreements, licenses, restrictions, reservations, covenants, rights-of-way, and to take such other actions which the Declarant, or its agents, affiliates, or assignees may  deem  necessary  or  appropriate. Association and Owners shall, at the request of the Declarant, execute and deliver any and all documents and instruments which the Declarant deems necessary  or convenien,t in its sole  and absolute  discretion, to accomplish the same.

Promotional Events. Prior to the Community Completion Date,  the Declarant  shall have the right, at any time, to hold marketing, special and/or promotional events  within  TOHOQUA  and/or  on the Common Areas without any charge for use. Prior to the  Community  Completion  Date, Builders  shall be required to obtain the express written permission of the Declarant to hold marketing, special and/or promotional events within TOHOQUA and/or on the Common Areas. The Declarant an it agents, affiliates, or assignees shall have the absolute right to market TOHOQUA in advertisements and other media by making reference to TOHOQUA, including, but not limited to, pictures  or  drawings  of  TOHOOUA, Common Areas, Parcels, Lots and Homes constructed in TOHOQUA. All logos, trademarks, and designs used in connection with TOHOQUA are the property of the Declarant, and neither the Association nor Builders shall have no right to use the same after the Community Completion Date  except  with  the express written permission of the Declarant.

· e Purchasers. Prior to the Community Completion Date, the Declarant shall have the right, wit o c e,  to  use  the  Common  Areas  and  Facilities,  for  the  purpose  of entertaining prospective  u chas  r  of  Lots, Homes,  or  other properties  owned by the Declarant  outside of TOHOQUA.

Franchises. T t	may grant franchises or concessions to commercial concerns on all or part of the Common A	II be entitled to all income derived therefrom.

Management.   Th  '	t n may contract with a third party ("Manager") for management of the Associatio  , t		eas and the Facilities, if applicable.

21.7       ==-'-""-'-'=-	ompletion Date, the Declarant reserves the exclusive its and/or licenses for ingress and egress, drainage, utilities, maintenance, Telecommuni		, and other purposes over, under, upon and across TOHOQUA so long as any said easements do not materially and adversely interfere with the intended use of Homes previously conveyed to Owners or Builders. By way of example, and not of limitation, the Declarant may be required to take certain action, or make additions or modifications to the Common Areas in connection with an environmental program. All easements necessary for such purposes are reserved in favor of the Declarant, in perpetuity, for such purposes. Without limiting the fo regoing, the Declarant may relocate any easement affecting a Lot, or grant new easements over a Lot, after conveyance to an Owner, without the joinder or consent of such Owner, so long as the grant of easement or relocation of easement does not materially and adversely affect the Owner's use of the Lot. As an illustration, the Declarant may grant an easement for telecommunications systems, irrigation facilities , drainage lines or electrical lines over any portion of a Lot so long as such easement is outside the footprint of the foundation of any residential improvement constructed on such Lot. The Declarant shall have the sole right to any fees of any nature associated therewith, including, but not limited to, license or similar fees on account thereof . The Association and Owners will, without charge, if requested by the Declarant: (i) join in the creation of such easements, etc. and cooperate in the operation thereof; and (ii) collect and remit fees associated therewith, if any, to the appropriate party. The Association will not grant any easements, permits or licenses to any other entity providing the same services as those granted by the Declarant, nor will it grant any such easement, permit or license prior to the Community Completion Date without the prior written consent of the Declarant which may be granted or denied in its sole discretion.

Right to Enforce. The Declarant has the right, but not the obligation, to enforce the provisions of this Declaration and the Design Review Manual and to recover all costs relating thereto, including attorneys' fees and paraprofessional fees at all levels of proceeding, including appeals,

TOHOQUA
Declaration
54

collections and bankruptcy. Such right shall include the right to perform the obligations of the Association and to recover all costs incurred in doing so.

Additional Development. If the Declarant withdraws portions of TOHOQUA from the operation of this Declaration, the Declarant may, but is not required  to,  subject  to  governmental approvals, create other forms of residential property  ownership or other improvements  of  any nature on the property not subjected to or withdrawn from the operation of  this Declaration.  The Declarant shall not be liable or responsible to any person or entity on account of its decision to do so or to provide, or fail to provide, the amenities and/or facilities which were originally planned to be included in such areas. If so designated by the Declarant, owners or tenants of such other forms  of housing or  improvements  upon their creation may share in the use of all or some of the Common Areas and other facilities  and/or roadways that remain subject to this Declaration. The expense of the operation of such facilities shall be allocated to the various users thereof, if at all, as determined by the Declarant.

Representations . Neither the Declarant nor any Builder makes any representations concerning development both within and outside the boundaries of TOHOQUA including , but not limited to, the number, design, boundaries, configuration and arrangements, prices of all Parcels or Homes and buildings in all other proposed forms of ownership and/or other improvements on TOHOQUA or adjacent to or near TOHOQUA, including, but not limited to, the size, location, configuration, elevations, design, building materials, height, vi , · space, number of Homes, number of buildings, location of easements, parking and landscaped ar. a , se · es and amenities offered .

Authorizat contrary, the exercise of any r' h
Declaration  shall be  subject to t	De executed by the Declarant and,

. Notwithstanding any other provision of this Declaration to the essly reserved in favor  of  Authorized  Builders  pursuant to this  a ant's prior written authorization provided in a written instrument
rant's option, recorded in the Public Records .

DING ANYTHING TO THE CONTRARY IN THE DECLARANT,  ANY  BUILDER,   THE DISTRICT,  THE A SOCIATION SHALL BE LIABLE OR RESPONSIBLE SURER OF, THE HEALTH, SAFETY OR WELFARE PORTION OF TOHOQUA INCLUDING, WITHOUT
LIMITATION, RESIDENTS AND ""-'-'-., ..A!ULU-_,, GUESTS, LESSEES, LICENSEES, INVITEES, AGENTS, SERVANTS, CONTRACTORS, AND/OR SUBCONTRACTORS OR FOR ANY PROPERTY OF ANY SUCH WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

IT IS THE EXPRESS INTENT OF GOVERNING DOCUMENTS THAT THE VARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY THE ASSOCIATION AND WHICH GOVERN OR REGULATE THE USES OF TOHOQUA HAVE  BEEN  WRITTEN,  AND ARE TO BE INTERPRETED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE ENJOYMENT OF TOHOQUA AND THE VALUE THEREOF;

ASSOCIATION IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS AN AGENCY WHICH ENFORCES OR ENSURES THE  COMPLIANCE  WITH  THE LAWS OF THE STATE OF FLORIDA AND/OR OSCEOLA  COUNTY  OR  PREVENTS  TORTIOUS ACTIVITIES;

THE PROVISIONS OF GOVERNING DOCUMENTS SETTING FORTH THE USES OF ASSESSMENTS SHALL BE APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT AS CREATING A DUTY OF THE ASSOCIATION  TO PROTECT OR FURTHER THE HEALTH, SAFETY, OR WELFARE OF ANY PERSON(S), EVEN  IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANY SUCH REASON; AND

EACH OWNER (BY VIRTUE Of ITS ACCEPTANCE OF TITLE TO A HOME) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON, OR MAKING A USE OF, ANY PORTION OF TOHOQUA (BY VIRTUE OF ACCEPTING SUCH INTEREST OR LIEN

TOHOOUA
Declaration
55

OR MAKING SUCH USE) SHALL BE BOUND BY THIS SECTION AND SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGAINST ASSOCIATION ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE ASSOCIATION HAS BEEN DISCLAIMED IN THIS SECTION OR OTHERWISE. AS USED IN THIS SECTION, "ASSOCIATION " SHALL INCLUDE WITHIN ITS MEANING ALL OF THE ASSOC IATION'S DIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING MANAGEMENT COMPANIES, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS) .

Resolution of Disputes. BY ACCEPTANCE OF A  DEED,  EACH  OWNER  AGREES THAT THE GOVERNING DOCUMENTS ARE VERY COMPLEX; THEREFORE, ANY CLAIM, DEMAND ACTION, OR CAUSE OF ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM COUNTERCLAIM, OR CROSS CLAIM, WHETHER IN CONTRACT  AND/OR  IN TORT  (REGARDLESS IF THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), BASED ON, ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY RELATED TO, THE GOVERNING DOCUMENTS, INCLUDING ANY COURSE OF CONDUCT, COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION, PROTECTION, ENFORCEMENT ACTION OR OMISSION OF ANY PARTY, SHOULD BE HEARD IN A COURT PROCEEDING BY A JUDGE AND NOT A JURY IN ORDER TO BEST SERVE JUSTICE. THE DECLARANT HEREBY SUGGESTS THAT EACH OWNER UNDERSTAND THE LEGAL CONSEQUENCES OF ACCE GA DEED TO A HOME.

Venue. E
(i) EXECUTED A PURCn ,;:n-..""''1.1
(iv) CLOSED ON A HO ACCORDINGLY, AN IRREFU

ER ACKNOWLEDGES REGARDLESS OF WHERE SUCH OWNER ALE AGREEMENT, (ii) RESIDES, (iii) OBTAINS FINANCING OR HOME IS LOCATED IN OSCEOLA COUNTY, FLORIDA. SUMPTION EXISTS THAT THE APPROPRIATE VENUE FOR

THE RESOLUTION OF ANY ,,.._, ,.,,-, FOREGOING, EACH OWNE RESOLUTION OF ANY DISPUTE

S IN OSCEOLA COUNTY, FLORIDA. IN ADDITION  TO  THE T E DECLARANT AGREES THAT THE VENUE FOR
EOLA COUNTY, FLORIDA.

Reliance.  BEF     E		A DEED TO A HOME, EACH OWNER HAS AN OBLIGATION   TO   RETAIN   AN ATTO  NE	ORDER TO CONFIRM THE VALIDITY OF THIS DECLARATION.  BY ACCEPTANCE    FA			A HOME, EACH OWNER ACKNOWLEDGES HE OR  SHE  HAS  SOUGHT  AND  RE	- N OPINION OR HAS MADE AN AFFIRMATIVE DECISION NOT TO SEEK SUCH AN INION . THE DECLARANT AND  BUILDERS  IS RELYING  ON EACH OWNER CONFIRMING IN ADVANCE OF ACQUIRING A HOME THAT THIS DECLARATION IS VALID, FAIR AND ENFORCEABLE . SUCH RELIANCE IS DETRIMENTAL TO THE DECLARANT AND BUILDER; ACCORDINGLY, AN ESTOPPEL AND WAIVER EXISTS PROHIBITING  EACH  OWNER FROM TAKING THE POSITION THAT ANY PROVISION OF THIS DECLARATION IS INVALID IN ANY RESPECT . AS A FURTHER MATERIAL INDUCEMENT FOR THE DECLARANT TO SUBJECT TOHOQUA TO THIS DECLARATION, EACH OWNER DOES  HEREBY  RELEASE,  WAIVE, DISCHARGE, COVENANT NOT TO SUE, ACQUIT, SATISFY AND FOREVER DISCHARGE THE DECLARANT, BUILDERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, COUNTERCLAIMS, DEFENSES, ACTIONS, CAUSES OF ACTION, SUITS, CONTROVERSIES, AGREEMENTS, PROMISES AND DEMANDS WHATSOEVER, IN LAW OR IN EQUITY, WHICH AN OWNER MAY HAVE  IN  THE  FUTURE,  OR WHICH ANY PERSONAL REPRESENTATIVE , SUCCESSOR, HEIR OR ASSIGN OF OWNER HEREAFTER CAN, SHALL OR MAY HAVE AGAINST THE DECLARANT,  BUILDERS,  THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS, FOR, UPON OR BY REASON OF ANY MATTER, CAUSE OR THING WHATSOEVER RESPECTING  THIS DECLARATION, OR THE EXHIBITS HERETO . THIS RELEASE AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF FLORIDA.

Duration of Rights. The rights of  the Declarant  and Builders, as applicable,  set forth in  this Declaration shall, unless specifically provided to the contrary herein, extend for a  period  of  time ending upon the earlier of: (i) the Community Completion Date; or (ii) a relinquishment by the Declarant or any Builder, as applicable, in an amendment to the Declaration recorded in the Public Records .

TOHOOUA
Declaration
56

Additional Covenants. The Declarant may record additional covenants, conditions, restrictions, and easements applicable to portions of TOHOQUA, and may form condominium associations, sub-associations,  or cooperatives  governing  such  property.  Any  such  instrument  shall be consistent with the provisions of Section 5, and no person or entity shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of TOHOQUA without the Declarant's prior review and prior written consent. Evidence of the Declarant's prior written consent shall be obtained in the form  of  a  joinder  executed  by the Declarant. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the Public Records .

Right to Approve Sales Materials.  All sales, promotional,  and advertising  materials  for any sale of property in TOHOQUA shall be subject to the prior written approval of the Declarant. The Declarant shall deliver notice of the Declarant's approval or disapproval of all such materials  and documents within thirty (30) days of receipt of such  materials  and documents,  and,  if disapproved, set forth the specific changes requested. If the Declarant fails to deliver notice of the Declarant's approval or disapproval within such thirty (30) day period, the Declarant shall be deemed to have waived  any objections to such materials and documents and to have approved the foregoing. Upon disapproval, the foregoing procedure shall be repeated until approval is obtained or deemed to be obtained.

Use Name f " the name "TOHOQUA," it I o, material without the Decla
the sole right to approve the us

QUA". No person or entity, including any Owner or Builder,  shall use y derivative of such name or logo in any printed, electronic or other ritten approva.l Until the Turnover Date, the Declarant shall have QUA name and logo, and such right shall automatically pass to

the Association after the Turno e Date promotional material where  sue property is located within TOHO

owever, Owners may use the name "TOHOQUA"  in printed  or d solely and expressly to specify that such Owner's particular

Densit   Transl	e re r title owner of a Parcel develops the Parcel so that the number   of  Lots  contained  in		el· s than the allowable number of Lots allocated by governmental authorities to that particular  Par  e  e excess allowable  Lots not used by  the such party  (with respect to that Parcel) shall inur the e efit f the Declarant.

Refund of Taxes and Other Charges. Unless otherwise provided herein, the Association agrees that any taxes, fees or other charges paid by the Declarant to any governmental  authority, utility company or any other entity which at a later date are refunded in whole or in part, shall be returned to the Declarant in the event such refund is received by the Association .

Assignment of Powers. All or any part of the rights, exempti ons, powers and reservations of the Declarant herein contained may be conveyed or assigned, in whole or in part, to other persons  or entities by an instrument in writing duly execut ed, acknowledged and, at the Declarant's option, recorded in the Public Records .

General Provisions.

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

Severability. Invalidation of any of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, and the remainder of this Declaration shall remain in full force and effect.

Execution of Documents. The Declarant's plan of development for TOHOQUA, including, without limitation , the creation of one (1) or more special taxing districts may necessitate from time to time the execution of certain documents as required by governmental agencies. To the extent that said

TOHOOUA
Declaration
57

Book5329/Page60	CFN#2018072141	Page 58 of 104

documents require the joinder of Owners, the Declarant, by its duly authorized officers, may, as the agent or the attorney-in-fact for the Owners, execute, acknowledge and deliver such documents (including, without limitation , any consents or other documents required by any governmental agencies in connection with the creation of any special taxing district); and the Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and appoint the Declarant, through its duly authorized officers, as their proper and legal attorneys-in-fact, for such purpose. Said appointment is coupled with an interest and is therefore irrevocable . Any such documents executed pursuant to this Section may recite that it is made pursuant to this Section. Notwithstanding the foregoing, each Owner agrees, by its acceptance of a deed to a Lot or any other portion of TOHOOUA, to execute or otherwise join in any petition and/or other documents required in connection with the creation of any special taxing district relating to TOHOQUA or any portion(s) thereof.

Affirmative Obligation of the Association. In the event the Association believes that the Declarant has failed in any respect to meet the Declarant's  obligations under this Declaration or has failed to comply with any of the Declarant's obligations under law or the Common Areas are defective in any respect, the Association shall give written notice to the Declarant detailing the alleged failure or defect. Association agrees that once Association has given written notice to the Declarant pursuant  to  this Section, the Association shall be obligated  to permit the Declarant  and its agents  to perform  inspections of the Common Areas and to perform all tests and make  all repairs/replacements deemed  necessary by the Declarant  to respond to s   notice  at all reasonable  times. Association  agrees  that  any inspection, test and/or repair/replace     n	uled on a business day between 9 a.m. and 5 p.m. shall be deemed scheduled at a reasonabl   ·   e.   h   rights reserved in this Section include the right  of  the Declarant  or   an Authorized  Builder, as    ·    b    repair or address, in the Declarant's  sole option and expense, any aspect of  the Common Areas    e    efective  by the Declarant  during its inspections  of  the Common  Areas . Association's failure to   i		tice and/or otherwise comply with the provisions of this Section
will damage the Declarant or a     ut	Builder, as applicable.
)

Notices. Any noti - e of this Declaration shall be de d have address at the time of such maili , o

be sent to any person, fir m, or entity under the provisions e n properly sent when mailed, postpaid, to the last known
itted by any form of Electronic Transmission .

.c...==a....=...==	ration refers to the Florida Statutes or Florida law, it shall be deemed to refer to the Flori ;::,tt;tI1J.1Je>-arn:rror Florida law as they exist and are effective on the date this Declaration is recorded in the ublic Records, except to the extent provided otherwise in the Governing Documents as to any particular provision of the Florida Statutes or Florida law generally.

Construction Activities. ALL OWNERS, OCCUPANTS AND USERS OF TOHOQUA ARE HEREBY PLACED ON NOTICE THAT (1) THE  DECLARANT,  BUILDERS  AND/OR  THEIR RESPECTIVE AGENTS, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND  OTHER DESIGNEES AND/OR (2) ANY OTHER PARTIES WILL BE, FROM TIME TO TIME, CONDUCTING CONSTRUCTION ACTIVITIES, BLASTING, EXCAVATION, CONSTRUCTION AND OTHER ACTIVITIES WITHIN OR IN PROXIMITY TO TOHOQUA, WHICH MAY CAUSE NOISE, DUST OR OTHER TEMPORARY DISTURBANCE. BY THE ACCEPTANCE OF THEIR  DEED OR  OTHER  CONVEYANCE OR MORTGAGE, LEASEHOLD, LICENSE OR OTHER INTEREST, AND BY USING ANY PORTION OF TOHOQUA, EACH SUCH OWNER, OCCUPANT AND USER AUTOMATICALLY ACKNOWLEDGES, STIPULATES AND AGREES (i) THAT NONE OF THE AFORESAID ACTIVITIES SHALL BE DEEMED NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, HEREUNDER OR AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR ALLOW THEIR CHILDREN OR OTHER PERSONS UNDER THEIR CONTROL OR DIRECTION TO ENTER UPON (REGARDLESS OF WHETHER SUCH ENTRY IS A TRESPASS OR OTHERWISE) ANY PROPERTY WITHIN OR IN PROXIMITY TO TOHOQUA WHERE SUCH ACTIVITY IS BEING CONDUCTED (EVEN IF NOT BEING ACTIVELY CONDUCTED  AT  THE TIME OF ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING HOURS), (iii) THE DECLARANT, BUILDERS AND THE OTHER AFORESAID RELATED PARTIES SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES, DAMAGES (COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING FROM OR RELATING TO THE AFORESAID ACTIVITIES, EXCEPT RESULTING DIRECTLY FROM SUCH PARTY'S GROSS NEGLIGENCE OR

TOHOQUA
Declaration
58

Book5329/Page61	CFN#2018072141	Page 59 of 104

WILLFUL MISCONDUCT, AND (iv) ANY PURCHASE OR USE OF ANY PORTION OF TOHOQUA HAS BEEN AND WILL BE MADE WITH FULL KNOWLEDGE OF THE FOREGOING.

Title Documents. Each Owner by acceptance of a deed to a Lot acknowledges that  such Lot is subject to certain land use and title documents recorded in the  Public  Records  (collectively, the "Title Documents"). The Declarant's plan of development for TOHOQUA may necessitate from time to time the further amendment, modification and/or termination of the Title Documents. THE DECLARANT RESERVES THE UNCONDITIONAL RIGHT TO SEEK AMENDMENTS AND MODIFICATIONS OF THE TITLE DOCUMENTS. It is possible that a governmental  subdivision  or agency may require the execution of one or more documents in connection with an amendment, modification, and/or termination of the Title Documents. To the extent that such documents  require  the joinder  of Owners,  the Declarant, by any one of its duly authorized officers, may, as the agent and/or the attorney-in-fact for the Owners, execute, acknowledge and deliver any documents required by applicable governmental subdivision or agency; and the Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and appoint the Declarant, through any one of its duly authorized officers, as their  proper  and legal  attorney-in-fact for such purpose. This appointment is coupled with an interest and is therefore irrevocable. Any such documents executed pursuant to this Section may recite that it is made pursuant to this Section. Notwithstanding the foregoing, each Owner agrees, by its acceptance of a deed to a Lot: (i) to execute or otherwise join in any documents required in connection  with the amendment,  modification, or  termination of  the Title Documents ; and	t such Owner has waived its right to object to or comment  on the form or substance of any amen  ,  dification, or termination  of the Title Documents.  Without limiting the  foregoing , upon  the  Com       ity    o pletion Date, the  Association  shall assume  all of  the  obligations  of
the Declarant  under  the ·  I	cu	nts  unless  otherwise  provided  by the Declarant  by amendment to

absolute discretion of the Deel r

this Declaration recorded by	C/,nt in the Public  Records, from time to time, and in the sole and

Ri  ht to Contrac      e     o   munications  Services.  Association  shall have the right, but not   the   obligation,    to  enter   int	more contracts for the provision of one or more Telecommunications Services     al      any   a   of TOHOQUA.  Prior to the Community  Completion  Date, all  contracts  between  a  Teleco    u       ·o		vider and the Association shall be subject to the prior written approval of the Declarant. If any such			ct is established, the fees for the Telecommunications Services payable to the Telecommun·   lion   vid   shall be Operating  Expenses  and shall be included within the annual budget of the Asso· a·

24.1O Enforcement of Governing Documents. Enforcement of the  Governing  Documents, including, without limitation, this Declaration, may be by proceeding at law for damages or in equity to compel compliance with the terms hereof or to prevent violation or breach of any of  the covenants  or  terms herein. The Declarant, the Association, Builders, or any Owner  may, but  shall not be required to, seek enforcement of the Governing Documents.

Electronic or Video Communication. Wherever the Governing Documents  require members' attendance at a meeting either "in person or by proxy, " members may attend and participate at such meetings via telephone, real-time videoconferencing, or similar real-time electronic or video communication; provided, however, members may attend and participate in this manner  only if  a majority of the Board approved use of telephone, real-time videoconferencing, or similar real-time  electronic  or video communication for participation and attendance at meetings.

Electronic Transmission as Substitute for Writing. Wherever the Governing Documents require action by the Association to be taken in writing, such action may be taken by Electronic Transmission, with the exception of the following: (i)  giving notice of  a meeting called in whole or in part  for the purpose of recalling and removing a member of the Board; and (ii) when levying fines, suspending use rights, requesting dispute resolution, or collecting payments for assessments and providing notice of lien claims.

Surface Water Management System.

TOHOOUA
Declaration
59

Book5329/Page62	CFN#2018072141	Page 60 of 104

General. The COD is responsible for operation and maintenance  of  SWMS  in TOHOQUA. All SWMS within TOHOQUA, excluding those areas (if any) normally maintained by the County, the City or another governmental agency, will be the ultimate responsibility of the COD, whose agents, employees, contractors and subcontractors may enter any portion of the SWMS and  make whatever alterations, improvements or repairs that are deemed necessary to provide or restore property water management. Notwithstanding the CDD's ultimate responsibility for the maintenance of SWMS, the Association shall have the right to enforce the provisions  of  this Section  25 to the extent the COD does  not take enforcement action. NOTWITHSTANDING THE FOREGOING, THE ASSOCIATION, THE DECLARANT, THE DISTRICT, AND BUILDERS SHALL HAVE  NO  RESPONSIBILITY  OR  LIABILITY FOR DRAINAGE PROBLEMS OF ANY TYPE WHATSOEVER.

Except as permitted by the Permit, no construction activities may be conducted relative to any portion of the SWMS without the prior written consent of SFWMD. Prohibited activities include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item ; constructing or altering any water control structure; or any other construction to modify the SWMS. To the extent there exists within TOHOQUA wetland mitigation areas or retention/detention areas, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without specific written approval from SFWMD. Construction and maintenance activities which are consistent with the design and permit conditions approved by SFWMD in the Permit may be condu without specific written approval from SFWMD.

r  Builder  or other person or entity shall unreasonably  deny or prevent t areas for maintenance, repair, or landscaping purposes by the ociation or any appropriate governmental agency that may xclusive easements therefor are hereby specifically reserved

mmon Area shall be increased in size by filling in any person shall fill, dike, rip-rap, block, divert or change the have been or may be created without the prior written
consent  of  the Association. No perso   er  than the  Declarant,  the District  or  the  Association may draw  water  for  irrigatio  r ot  r  ur  ses  from any retention/detention areas, nor is any   boating, wading, or swimmin i h · /detention areas allowed.

All SWMS, excluding those areas (if any) maintained by the County, the City or another governmental agency, will be the ultimate responsibility of the COD. The COD may enter any Lot, Parcel, the Common Area or the Facilities and make whatever alterations, improvements or repairs are deemed necessary to provide, maintain, or restore proper  SWMS.  The costs  of such alterations, improvements  or  repairs  shall  be  part  of  the  District  Maintenance  Special Ass essments. NO PERSON MAY REMOVE NATIVE VEGETATION THAT MAY BECOME ESTABLISHED WITHIN THE CONSERVATION AREAS. "REMOVAL" INCLUDES DREDGING, APPLICATION OF HERBICIDE, PULLING AND CUTTING.

Nothing in this Section shall be construed to allow any person to construct any new water management facility, or to alter any SWMS, without first obtaining  the  necessary permits from all governmental agencies having  jurisdiction, including SFWMD,  the  Association, the District and the Declarant, its successors and assigns.

SFWMD has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association and the District to compel it to correct any outstanding problems with the SWMS.

Any amendment of the Declaration affecting the SWMS or the operation and maintenance of the SWMS shall have the prior written approval of SFWMD.

TOHOOUA
Declaration
60

Book5329/Page63	CFN#2018072141	Page 61 of 104

If the COD shall cease to exist, all Owners shall be jointly and severally responsible for the operation and maintenance of the SWMS in accordance with the requirements of the Permit, unless and until an alternate entity assumes responsibility as explained  in  the Permit.

J4

Drainage improvements may be located within private drainage easements. All such drainage improvements and drainage easements shall be deemed a part of the SWMS and maintained in accordance with Permit requirements. In the event  any  such  drainage improvements or drainage easements are adversely  affected by landscaping,  fences, structures, or any other improvements (including, without limitation , pavers), the cost to correct, repair, or maintain such drainage improvements or drainage easements shall be the responsibility of the record title owner of the Lot. By way of example, and not of limitation, if the roots of a tree located on an Owner's Lot subsequently affects drainage improvements located within another Lot, the Owner of the Lot on which the tree is located shall be solely responsible for the removal of  the roots which adversely affects the drainage improvements within the adjacent Lot. Except as otherwise provided in a Neighborhood Declaration or a Supplemental Declaration designating a Neighborhood, and notwithstanding any other provision of this Declaration to the contrary, the Association and the District shall have no responsibility for the maintenance of landscaped areas within any drainage easements located within a Lot. The record title owner of each such Lot shall be responsible for th scaping, repair, replacement and maintenance of the irrigation and all landscaped  area    a	r improvements within any portion of the Lot, including, without limitation, sod, irr" ion, a  s, grass,  shrubs,  trees, mulch, or any other landscaping .  Any such repair,  replaceme  t	·ntenance shall be consistent with the Landscape Maintenance Standards  set forth in   )is		tion.

No	onstruct or maintain any building, residence, or structure, or
undertake  or perform a	v _ i the wetlands, buffer areas, and upland conservation areas

described  in  the Permit  a		ss prior approval is received from SFWMD pursuant to environmental resourc	er	,

structure shall SFWMD.

OQUA at the time of the construction of a Home or plans for the SWMS approved and on file with

Owners shall not remove native vegetation (including cattails) that becomes established within the retention/detention areas abutting their property.  Removal  includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Owners shall address any questions regarding authorized activities within the retention/detention areas to SFWMD.

Proviso. Notwithstanding any other provision in this Declaration, no amendment of the Governing Documents by any person, and no termination or amendment of this Declaration, will  be effective to change the CDD's responsibilities for the SWMS, unless the amendment  has been consented to in writing by SFWMD. Any proposed amendment that would affect the SWMS must be submitted to SFWMD for a determination of whether the amendment necessitates a modification of the Permit.

Mitigation Area Monitoring. In the event TOHOQUA has onsite wetland mitigation (as defined in the regulations) that requires monitoring and maintenance by the Association, the Association shall include in its budget an appropriate allocation of funds for monitoring and  maintenance  of  the wetland mitigation area(s) each year until SFWMD and/or any applicable governmental agencies having jurisdiction determine that the area(s) is successful in accordance with the Permit and all other applicable permits or regulatory requirements.

Wetland Conservation Areas. Parcels may contain or be adjacent to wetlands, wetland mitigation or preservation areas, upland conservation areas and drainage easements, which may be dedicated by Plat and/or protected by a conservation easement (" Wetland Conservation Areas"). The

TOHOQUA
Declaration
61

Book5329/Page64	CFN#2018072141	Page 62 of 104

Wetland Conservation Areas must be permanently retained in a natural state, and may not be altered from their present state, except as may be specifically authorized in writing by the County, SFWMD or any governmental agencies having jurisdiction. Owners of Lots abutting Wetland Conservation Areas shall not remove native vegetation (including cattails) that becomes established within the Wetland Conservation Areas abutting their Lot. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Owners shall address any questions regarding authorized activities within the Wetland Conservation Areas to the SFWMD, Surface Water Regulation Manager. NEITHER THE DECLARANT, THE DISTRICT, THE BUILDERS, THE ASSOCIATION, NOR ANY NEIGHBORHOOD ASSOCIATION MAKE ANY REPRESENTATION CONCERNING THE CURRENT OR FUTURE WATER LEVELS IN ANY OF THE WETLAND CONSERVATION AREAS IN TOHOQUA; PROVIDED, FURTHER, NEITHER THE DECLARANT, THE DISTRICT, THE BUILDER, THE ASSOCIATION, NOR ANY NEIGHBORHOOD ASSOCIATION BEAR ANY RESPONSIBILITY TO ATTEMPT TO ADJUST OR MODIFY THE WATER LEVELS SINCE SUCH LEVELS ARE SUBJECT TO SEASONAL GROUNDWATER AND RAINFALL FLUCTUATIONS THAT ARE BEYOND THE CONTROL OF THE DECLARANT, THE DISTRICT, THE BUILDERS , THE ASSOCIATION, AND ANY NEIGHBORHOOD ASSOCIATION . BY ACCEPTANCE OF A DEED TO A HOME OR LOT, EACH OWNER ACKNOWLEDGES THE WATER LEVELS OF ALL WETLAND CONSERVATION AREAS MAY VARY. THERE IS NO GUARANTEE BY THE DECLARANT, THE DISTRICT, THE BUILDERS, THE ASSOCIATION , AND ANY NEIGHBORHOOD ASSOCIATION THAT WATER LEVELS WILL BE CONSTANT OR AESTHETI  Y PLEASING AT ANY PARTICULAR TIME; AT TIMES,  WATER LEVELS MAY BE NONEXI

etland Conservation Areas . The Wetland Conservation Areas may permitted state. These use restrictions may be defined on the HOQUA. Activities prohibited within the conservation areas

ruction of any kind may be erected;

dredging,  prop-dredging,  grading,  paving,   clearing, or other development shall be permitted;

No activity a oe._ooi:ie-(,r---r:,erformed which would adversely affect or impair (i) endangered or threatened species of special concern as to nesting, reproduction, food source, habitat or cover or affect the vegetation itself; (ii) available habitat for fish and aquatic life or result  in emigration from adjacent or associated ecosystems and macro  habitats;  (iii)  existing biosystems or ecosystems; or (iv) recovery of an impaired system;

No organic or inorganic matter or deleterious substances or  chemical compounds may be discharged or placed in the Wetland Conservation Area s;

Surface use except for purposes that permit the land or water area to remain predominately in its natural condition;

Activities detrimental to drainage, flood control, water conservation, erosion contro,l or fish and wildlife habitat preservation or conservation;

Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas;

Acts or uses detrimental to the preservation of any features or aspects of the property having historical, archeological or cultural significance;

No Owner within TOHOQUA may construct or maintain any building, residence, or structure, or undertake or perform any activity in the Wetland Conservation Areas described in the Permit and Plat, including the wetlands, wetland mitigation area(s), buffer area(s), upland

TOHOOUA
Declaration
62

Book5329/Page65	CFN#2018072141	Page 63 of 104

conservation area(s) and drainage easement(s), unless prior approval is received from SFWMD; and

Each Owner within TOHOQUA at the time of construction of a building, residence, or structure shall comply with the construction plans for the SWMS approved and on file with SFWMD.

LOTS MAY CONTAIN OR ABUT WETLAND CONSERVATION AREAS THAT ARE PROTECTED UNDER RECORDED CONSERVATION EASEMENTS. THESE AREAS MAY NOT BE ALTERED FROM THEIR PRESENT CONDITIONS EXCEPT IN ACCORDANCE WITH THE RESTORATION PROGRAM INCLUDED IN THE CONSERVATION EASEMENT, OR EXCEPT TO REMOVE EXOTIC OR NUISANCE VEGETATION, INCLUDING, WITHOUT LIMITATION, MELALEUCA, BRAZILIAN PEPPER, AUSTRALIAN PINE, JAPANESE CLIMBING FERN, CATTAILS, PRIMROSE WILLOW, AND GRAPE VINE. THE COD IS RESPONSIBLE FOR PERPETUAL MAINTENANCE OF SIGNAGE REQUIRED BY THE PERMIT ISSUED BY SFWMD, WHICH MAINTENANCE SHALL BE PERFORMED TO THE GREATEST DEGREE LAWFUL BY THE COD.

Resolution of Disputes.

By acceptan	deed to a Lot, each Owner specifically agrees that the purchase of a Lot involves interstate co m ce d that any Dispute (as hereinafter defined) shall first be submitted to mediation and, if not se I du in mediation, shall thereafter be submitted to binding arbitration as provided by the Federal t,:. 1 ·o (9 U.S.C. §§1 et seq.) and not by or in a court of law or equity.
"Disputes" (whether contract,	ar	ort, statutory or otherwise), shall include, but are not limited to, any  and all controversies, di		laims  (1) arising under,  or related to, this Declaration  or any
dealings between the Lot Ow-n   - -- ,< eclarant or any Authorized Builder; (2) arising by virtue of any
representations, promises or wa I al ed to have been made by the Declarant, the Declarant's representatives,  any Authorized     1	ny Authorized Builder's representatives; (3) relating to personal injury or property darn_.,,...,,... ege o ave been sustained by the Owner, the Owner's children, Lessees or other occupants of t L · r i es of formation, validity or enforceability of this Section
26. Each Owner agrees to the foregoing on e f of his or her children and other occupants of the Lot with the intent that all such partie e b u h  eby.  Any  Dispute  shall be  submitted  for  binding arbitration within a reasonable time   t	has arisen. Nothing herein shall extend the time period by which a claim or cause of action may be asserted under the applicable statute of limitations or statute of repose, and in no event shall the Dispute be submitted for arbitration after the date when institution of a legal or equitable proceeding based on the underlying claims in such Dispute would be barred by the applicable statute of limitations or statute of repose.

Any and all mediations commenced by any Owner, the Declarant, or an Authorized Builder shall be filed with and administered by the American Arbitration Association or any successor thereto ("AAA") in accordance with the AAA's Home Construction Mediation Procedures in effect on the date of the request. If there are no Home Construction Mediation Procedures currently in effect, then the AAA 's Construction Industry Mediation Rules in effect on the date of such request shall be utilized. Any party who will be relying upon an expert report or repair estimate at the mediation shall provide the mediator and the other parties with a copy of the reports. If one or more issues directly or indirectly relate to alleged deficiencies in design, materials or construction, all parties and their experts shall be allowed to inspect, document (by photograph, videotape or otherwise) and test the alleged deficiencies prior to mediation. Unless mutually waived in writing by the parties, submission to mediation is a condition precedent to either party taking further action with regard to any matter covered hereunder.

If the Dispute is not fully resolved by mediation, the Dispute shall be submitted to binding arbitration and administered by the AAA in accordance with the AAA's Home Construction Arbitration Rules in effect on the date of the request. If there are no Home Construction Arbitration Rules currently in effect, then the AAA's Construction Industry Arbitration Rules in effect on the date of such request shall be utilized. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such Dispute. If the claimed amount exceeds $250,000.00 or includes

TOHOQUA
Declaration
63

Book5329/Page66	CFN#2018072141	Page 64 of 104

a demand for punitive damages,  the Dispute shall be heard and determined  by three arbitrators; however, if mutually agreed to by the Lot Owner and the Declarant, then the Dispute shall be heard and determined by one arbitrator . Arbitrators shall have expertise in the area(s) of Dispute, which may include legal expertise if legal issues are involved. All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator(s). At the request of any party, the award of the arbitrator(s)  shall  be accompanied by detailed written findings of fact and conclusions  of law .  Except as may be required by  law or for confirmation  of  an award, neither  a party nor an arbitrator  may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The waiver or invalidity of any portion of this Section shall not affect the validity or enforceability of the remaining portions of this Section. By acceptance of a deed to a Lot, each Owner specifically agrees (i) that any Dispute involving  the Declarant's  affiliates, directors, officers, employees and agents and any Authorized Builder's affiliates, directors,  officers,  employees,  and  agents  shall also be subject to mediation and arbitration as set forth herein, and shall not be pursued in a court of law or equity; (2) that the Declarant or Authorized Builder, as applicable, may, at its sole election, include the Declarant's and/or Authorized Builder's contractors, subcontractors and suppliers, as well as any warranty company and insurer as parties in the mediation and arbitration; and (3) that the mediation and arbitration will be limited to the parties specified herein.

To the fullest nt permitted by applicable law, by acceptance of a deed to a Lot, each Owner specifically agrees .th<>t--1'{;"' ·nding or stipulation of fact, no conclusion of law, and no arbitration award in any other arbi a on, cial, or similar proceeding shall be given preclusive or collateral estoppel  effect  in any a,	reunder unless there is mutuality of parties. In addition, by acceptance of a deed to a Lo ,  ac			er agrees that no finding or stipulation of fact, no conclusion of law, and no arbitration award· ny ar i ration hereunder shall be given preclusive or collateral estoppel effect in any other arbitration, j		· ilar proceeding unless there is mutuality of parties.

	y law or statute, each party shall bear its own costs and aprofessional   fees,   for   any  mediation   and arbitration.
Notwithstanding the foregoing,,	p	n	c  ssfully  contests  the  validity  or  scope of  arbitration  in a
court  of   law  or  equity,  the  non-contestin	y shall be awarded reasonable attorneys' fees, paraprofessional fees and expenses·  curr		nding such contest, including such fees and costs associated  with any appellate  proc e·		ition, if a party fails to abide by the terms of a mediation settlement or arbitration awar , the other party shall be awarded reasonable attorneys' fees, paraprofessional fees and expenses incurred in enforcing such settlement or award.

An Owner may obtain additional information concerning the rules of the  AAA by visiting  its website at www.adr.org or by writing the AAA at 335 Madison Avenue, New York, New York 10017.

The Declarant and Authorized Builders support the principles set forth in the Consumer Due Process Protocol developed by the National Consumer Dispute Advisory Committee  and agrees  to the following:

Notwithstanding the requirements of arbitration stated in this Section 26, each Owner shall have the option, after pursuing mediation as provided herein, to seek relief in a small claims court for disputes or claims within the scope of the court's  jurisdiction in lieu of  proceeding to arbitration. This option does not apply to any appeal from a decision by a small claims court.

Prior to Turnover, the Declarant and/or Authorized Builder,  as  applicable, agrees to pay for one (1) day of mediation (mediator fees plus any administrative fees relating to the mediation). Any mediator and associated administrative fees incurred thereafter shall be  shared equally by the parties.

The fees for any claim pursued via arbitration in an  amount  of  $10,000.00 or less shall be apportioned as provided in the Home Construction Arbitration Rules of the AAA or other applicable rules.

TOHOOUA
Declaration
64

Book5329/Page67	CFN#2018072141	Page 65 of 104

Notwithstanding the foregoing, if either the Declarant, an Authorized Builder, or an Owner seeks injunctive relief, and not monetary damages, from a court because irreparable damage or harm  would otherwise be suffered by either party before mediation or arbitration could be conducted,  such actions shall not be interpreted to indicate that either party has waived the right  to mediate  or  arbitrate. The right to mediate and arbitrate should also not be considered waived by the filing of a counterclaim by either party once a claim for injunctive relief had been filed with a court.

THE DECLARANT, EACH AUTHORIZED BUILDER, AND EACH OWNER BY ACCEPTANCE OF A DEED TO A LOT SPECIFICALLY AGREE THAT THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR COLLECTIVE PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN CLAIMS REGARDING MORE THAN ONE PROPERTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSO LIDATED , REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE , AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).  ANY  RELIEF  AWARDED CANNOT BE AWARDED ON CLASS-WIDE OR MASS-PARTY BASIS OR OTHERWISE AFFECT PARTIES WHO ARE NOT A PARTY TO THE ARBITRATION. NOTHING IN THE FOREGOING PREVENTS THE DECLA OR AN AUTHORIZED BUILDER FROM EXERCISING ITS RIGHT TO INCLUDE  IN THE MEDI	ARBITRATION THOSE PERSONS OR ENTITIES REFERRED TO IN SECTION 26.4 ABOV

[SIG PPEAR ON THE FOLLOWING PAGE]

TOHOOUA
Declaration
65

IN WITNESS.,¥( REOF, the undersigned, being the Declarant hereunder, has hereunto set  its hand and seal this     ay	of April, 2018.

WITNESSES:	, LLC, a

{COMPANY SEAL}

STATE  OF  FLOJ;ijDA COUNTY OF U(i1.J1jt:c

as acknowledged  before  me this   ay		of April, 2018 by Andre DEVELOPMENT GROUP, LLC, a Florida limited liability company, on pe.r.sor@llillL  k no  wn	to	me	or	who	has	produced
-----------+---E---+-+	as 1aentificatio

BU- , State of Flor 9J at Large Print Name 0.n/.&c-e.-li:fldarl::s

TOHOQUA
Declaration
66

JOINDER

TOHOQUA MASTER ASSOCIATION , INC., a Florida not-for-profit corporation (the "Association") does hereby  join in this MASTER  DECLARATION  FOR  TOHOQUA  (this"Declaratio"n), to which this Joinder is attached, and the terms thereof are and shall be binding upon the undersigned and its successors in title. The Association agrees this Joinder is for the purpose of evidencing the Association's acceptance of the rights and obligations provided in the Declaration and does not affect the validity of this Declaration as the Association has no right to approve this Declaration.

IN WITNESS WHEREOF , the undersigned has executed this Joinder on this	y of April,
2018.

WITNESSES:	TOHOQUA MASTER ASSOCIATION, INC. , a
Florida not-for-	corporation

The foregoing instrument Vidrine, as President of TOH
on  behalf	of	the corporat

_	, ,,..,n, ••l edged before me this y

of April, 2018, by Andre

ASSOCIATION, INC., a Florida not-for-profit corporation, rson II	kn wn to me or who has produced

---------------+-+-	as identification.

-    --	·-·--

EXHIBIT 1 LEGAL DESCRIPTION

PARCEL TWO

A portion of Lots 1, 2, 11 through 16, inclusive, Block 25; a portion  of  Lots 1 through 4, inclusive,  Block  26; a portion of Lots 6, 7 and 8, Block 31; along with portions of the platted right-of-ways  per  THE FLORIDA DRAINED LAND COMPANY'S SUBDIVISION NO. 1, according to the plat thereof,  as recorded in Plat Book "B", Pages 65 and 66, Public Records of Osceola County, Florida;

TOGETHER WITH:

A portion of Lots 13 through 19, inclusive; Lots 20 through 23, inclusive, and a portion  of Lots 24 through 20, inclusive, Block 31; a portion of Lots 3 through 6, inclusive, Lots 7 through 17, inclusive,  a portion of Lots 18 and 19, and Lots 20 through 33, inclusive, and a portion  of  Lots  34 through  36, inclusive, Block 38; Lots 1 through  15, inclusive, a portion of Lots 16 and 21, and Lots 22 through  36, inclusive,  Block  47;
a portion  of  Lots 15  through  18, inclusive,  Lots 19 and 20, and a portion  of  Lots 21 and 22, Block  48; a
portion  of  Lots  12  through  16,  inclusive,  Lots  17  through  24,  and  a  portion  of  Lots  25  through  29,
inclusive, Block  53; Lots 1 t    o          5, inclusive,  a portion of  Lots 16 and 17, Lots 18 and 19, and portion
of  Lot 20,  and Lots  21 thr  u   36  i  elusive,  Block  54; Lots  1 through  16, inclusive,  a portion of  Lot  17,
Lot  18, a portion  of  Lots    9  and      , and Lots 21  through  36, Block  63; a portion  of  Lots  1 through  6,

a

inclusive, Lots 7 through 36,·	ock 64; Lots 1 through 36, inclusive, Block 69; Lots 1 through 17, inclusive, a portion of Lots 18    9, a    Lots 20 through 36, inclusive, Block 70; along with portions of the platted right-of-ways per   /GA   NOR - UNIT C, according  the plat thereof as recorded in Plat  Book 1, Page 193, Public Reco County, Florida.

TOGETHER WITH:

An unplatted portion of Section 6, ow   ·	6 o th, Range 30 East.

All the above situated in Sections  5   n   6,   o	6 South, Range 30 East, Osceola County, Florida, being more particularly described as f - -

Commence at the northwest corner of the Southeast 1/4 of said Section 5; thence  run S 00°12'35"  W, along the west line of the Southwest 1/4 of said Section 5, a distance of 469.66 feet for the POINT OF BEGINNING;  said point being a point on a non-tangent curve, concave northeasterly, having a radius of 7,347.00 feet; thence, on a chord bearing of N 62°18'12" W and a chord distance of 513.16 feet, run northwesterly, along the arc of said curve, a distance of 513.26 feet, through a central  angle of  04°00'1O" to a point of reverse curvature of a curve, having a radius of 2353.00 feet and  a  central  angle  of 04°35'36"; thence run northwesterly, along the arc of said curve, a distance to 188.64 feet to the point of tangency thereof; thence run N 64°53'43" W, a distance of 648.84 feet to a point on a non-tangent curve, concave westerly, having a radius of 5,000.00 feet; thence, on a chord bearing of S 25°32'11" W and a chord distance of 303.61 feet, run southwesterly, along the arc of said curve, a distance of 303.66 feet, through  a central  angle  of  03°28'47"  to a point  on  said curve; thence  run N 62°17'32"  W, a distance of
452.30 feet; thence run N 25°18'08" E, a distance of 400.03 feet; thence run S 64°44'06" E, a distance of
170.59 feet to a point of curvature of a curve, concave northerly, having a radius of  20.00  feet  and a central angle of 92°31'36"; thence run easterly, along the arc of said curve, a distance of 32.30 feet to the point of tangency thereof; thence  run N 22°44'18" E, a distance of  217.21  feet; thence run S 64°39'21" E, a distance of 96.37 feet to a point of curvature of a curve, concave northerly, having a radius of 25.00 feet and a central angle of 91°41'11"; thence run easterly, along the arc of  said curve, a distance  of 40.01 feet to the point of tangency thereof; thence run N 23°39'28" E, a distance of 359.51 feet; thence run N 29°59'57" E, a distance of 54.00 feet; thence run S 60°00'03" E, a distance of 63.90 feet to a point of curvature of a curve, concave northerly, having a radius of 1473.00 feet and a central angle of 01°42'00"; thence run easterly,  along the arc of said curve, a distance of  43.71 feet to a point of compound curvature

TOHOQUA
Declaration

of a curve, having a radius of 25.00 feet and a central angle of 94°38'28"; thence run easterly, along the arc of said curve, a distance of 41.30 feet to the end of said curve; thence run S 66°20'32" E, a distance of 80.00 feet; thence run S 23°39'28" W, a distance of 4.69 feet to a point of curvature of a curve, concave easterly, having a radius of 25.00 feet and a central angle of 90°30'28"; thence run southerly, along the arc of said curve, a distance of 39.49 feet to a point of compound curvature of a curve, concave northerly, having a radius of 1,473.00 feet and a central angle of 03°40'08"; thence run easterly, along the arc of said curve, a distance of 94.32 feet to a point; thence run N 24°13'59" E, a distance of 143.55 feet to a point on a non-tangent curve, concave northerly, having a radius of 1,330.00 feet; thence, on a chord bearing of S 81°40'17" E and a chord distance of 491.15 feet, run easterly, along the arc of said curve, a distance of 493.98 feet , through a central angle of 21°16'50" to the point of tangency thereof; thence run N 87°41'18" E, a distance of 301.19 feet to a point of curvature of a curve, concave southerly, having a radius of 120.00 feet and a central angle of 19°38'19"; thence run easterly, along the arc of said curve, a distance of 41.13 feet to a point of reverse curvature of a curve, having a radius of 31.00 feet and a central angle of 93°20'47"; thence run northeasterly, along the arc of said curve, a distance of 50.51 feet to a point of compound curvature of a curve, concave westerly, having a radius of 533.00 feet and a central angle of 14°24'43"; thence run northerly, along the arc of said curve, a distance of 134.07 feet to a point on the southerly right-of-way line of the aforesaid Tohoqua Parkway as described and recorded in Official Records Book 4010, Page 2871, Public Records of Osceola County, Florida; thence easterly along said southerly right-of-way line, the following two (2) courses and distances: run N 83°37'36" E, a distance of 656.36 feet to a point of curvature of a curve, concave southerly, having a radius of 1090.00 feet and a central angle of 2° 7"; thence run along the arc of said curve, a distance of 611 .87 feet to the intersection with a n n- ng  t curve, concave southwesterly, having a radius of 25.00 feet; thence, on a chord bearing of S 0 57'0 " E and a chord distance of 36.12 feet, run southerly, along the arc of said curve, a distance of 4 . e  ough a central angle of 92°31'12" to the point of tangency thereof; thence  run  S  28°18'34"  W,      1stan     of  320.47  feet to a point  of  curvature  of  a curve, concave
southeasterly, having a ra· s of 3 20.00 feet  and  a  central  angle  of  01°36'58";  thence  run  southwesterly, along the arc o       a       ,   distance  of 85.18 feet to a point; thence run N 67°30'41"'  W,
a distance  of  99.25  feet to a point			re of a curve, concave southerly, having a radius of 25.00 feet and a central angle of 84°  ' 21-"·		r n westerly, along the arc of said curve, a distance of 36.73 feet  to the point  of tangency	c r, n S 28°18'34" W, a distance of 15.21 feet to a point of curvature of a  curve,  concave  sout  erl  ving  a  radius  of  440.00  feet  and  a  central  angle  of 05°44'16"; thence run southwesterly, along arc of said curve, a distance of 44.06 feet to the point of tangency thereof; thence run S 22°  4   8"   ·    ce of 1,095.34 feet to a point of curvature  of a curve, concave easterly, having a radius  of   ,				eet and a central angle of 03°14'41"; thence run southerly, along the arc of said curve, a distance of 112.13 feet to a point on a non-tangent curve, concave northeasterly, having a radius of 7,173.00 feet; thence, on a chord bearing of S 69°38'26" E and a chord distance of 6.52 feet, run easterly, along the arc of said curve, a distance of 6.52 feet, through a central angle of 00°03'07" to a point; thence run S 20°20'00" W, a distance of 54.00 feet to a point on a non­ tangent curve, concave northeasterly, having a radius of 7,227.00 feet; thence, on a chord bearing of N 69°11'07'' W and a chord distance of 121.37 feet, run westerly, along the arc of said curve, a distance of
121.37 feet, through a central angle of 00°57'44" to a point of reverse curvature of a curve, concave southerly, having a radius of 25.00 feet and a central angle of 94°02'36"; thence run southwesterly, along the arc of said curve, a distance of 41.03 feet to a point of compound curvature of a curve, concave easterly, having a radius of 2,123.00 feet and a central angle  of  02°31'37"; thence  run southerly,  along the arc of said curve, a distance of 93.63 feet to a point on a non-tangent curve, concave northeasterly, having a radius of 7,347.00 feet; thence, on a chord bearing of N 66°26'27" W and a chord distance of 547.77 feet , run northwesterly, along the arc of said curve, a distance of 547.89 feet, through a central angle of 04°16'22" to the POINT OF BEGINNING.

TOHOOUA
Declaration

EXHIBIT2

ARTICLES OF INCORPORATION

TOHOQUA
Declaration

850-617-6381	3/22/2018 12:51:25 PM	PAGE	1/003	Fax Server

i!IP nsrtme-nt of tJ,tut t>	B

filed on March 21, 2018.	a

I certify from the records of this office that TOHOQUA MASTER ASSOCIATION,B INC is a corporation organized under the laws of the State of Florida,

I

The document number	his corporation is N18000003133.

R

I further certify ta		corporation has paid all fees due this office through December 31,	01 , and its status is active.

L/;

I further certify that tn s ·s	electronically transmitted certificate	I

B

I further certify that ;pdprporation has not filed Articles of Dissolution.

I

authorized by  section 15.		l	ida Statutes, and authenticated by the code, 918A00005807-032	8	80 0		3133-1/1, noted below.

I

B B B

Given under my hand and the
Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-second day of March, 2018

850-617-6381	3/22/2018 12:51:25 PM	PAGE	2/003	Fax Server

B

ilrpurtmrnt of	tati>

I

I certify the attached is a true and correct copy of the Articles of Incorporation of TOHOQUA MASTER ASSOCIATION, INC, a Florida corporation, filed on March 21, 2018, as shown by the records of this office.

I

B

I further certify the number H18000072706. section 15.16, Flor

cument was electronically received under FAX certificate is issued in accordance with
tutes, and authenticated by the code noted

The document number

Authentication Code,

ucorporation is N18000003133.

9 -032218-N18000003133-1/1

B
B
:P

Given under my hand and the
Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-second day of March, 2018

850-617-6381

March 22, 2018

3/22/2018 12:51 :25 PM	PAGE	3/003	Fax Server

FLORIDA DEPARTMENT OF STATE
D1V1sion of Corporations

TOHOQUA MASTER ASSOCIATION, INC
5511 HANSEL AVENUE
ORLANDO, FL	32809

The Articles of Incorp	·oforTOHOQUA MASTER ASSOCIATION, INC were filed on March 21, 201, an	ssigned document number N18000003133.
Please refer to this nu	never corresponding with this office.

/J

Enclosed is the certifica {		uested.	To be official, the certification for a certi			must be attached to the original document that was electroni		s bmitted and filed under FAX audit number H18000072706.	w
To maintain "active"		ivision of Corporations, an annual report must be filed yearly			uary 1st and May 1st beginning in the year following the file date o				ctive date indicated above.	It is your responsibility to rememb rt	- - ·		our annual report in a timely manner.
A Federal Employer Identification Number {FEI/EIN) will be required when this report is filed. Apply today with the IRS online at:
https://sa .www4 .irs.gov/ modie in/ind ividual/index.jsp.
Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office.

Should you have questions regarding corporations, please contact this office at (850) 245-6052.
Keyna E Page
Regulatory Specialist II New Filings Section
Division of Corporations	Letter Number: 918A00005807

P.0 BOX 6327 - Tallahassee, Flonda 32314

(((H18000072706 3)))

"--'-""a"..,.,...N

OF INCORPORATION
OF   TOHOQU	ASSOCIATION, INC.
(A FLORIDA	OFIT CORPORATION)

(((H18000072706 3)))

(((H18000072706 3)))

TABLE OF CONTENTS

Page

Name of Corporation	1
Principal Office	1
Registered Office - Registered Agent	1
Definitions	1
Purpose of the Association	1
Not for Profit	1
Powers of the Association	1

8.

9.

10.

11.

12.

13.

14.

Indemnification of Officers an	ctors	4
Transactions in Which Directors or Officers are Interested	4

(((H18000072706 3)))

(((H18000072706 3)))

ARTICLES OF INCORPORATION OF
TOHOQUA MASTER ASSOCIATION, INC. (A NOT-FOR-PROFIT CORPORATION)

In compliance with the requirements of the laws of the State of Florida, and for the purpose of forming a not-for-profit corporation, the undersigned does hereby acknowledge:

Name of Corporation. The name of the corporation is TOHOQUA MASTER ASSOCIATION, INC., a Florida not-for-profit corporation (the "Association".)

Principal Office. The principal office of the Association Is 5511 Hansel Avenue, Orlando, Florida 32809.

Registered Office - Registered Agent. The street address of the Registered Office of the Association is 401 East Jackson Street, Suite 2200, Tampa, Florida 33602. The name of the Registered Agent of the Association is:

STEARN SMILLER WEISSLER ALHADEFF & SITTERSON, P.A.
/0  CHRISTIAN F. O'RYAN, ESQ.

4.          =D-=-ef=in"""it=io"'"'n=s.  The	LARATION FOR TOHOQUA  (the "Declaration") will be recorded in the Public  Records of Osceo		Florida, and shall govern all of the operations of a community to be known as  TOHOQUA.  All  n· 1ally  italized  terms not defined  herein  shall  have  the meanings  set forth in the Declaration.

P  r         of   he  A       i - n		· ciation is formed to: (i) provide for ownership, operation, maintenance and preservatio	om n Areas, and improvements thereon; (ii) perform the duties delegated to it in the Declara· , hese Articles; and (iii) administer the interests of the Association and the Owners.

Not for Profit.   The Associa  o   is	ofit Florida corporation and does not contemplate pecuniary gain to, or profit for, its me .

Powers of the Association. The Association shall, subject to the limitations and reservations set forth in the Declaration, have all the powers, privileges and duties reasonably necessary to discharge its obligations, including, but not limited to, the foll owing:

To perform all the duties and obligations of the Association set forth in the Declaration and Bylaws, as herein provided;

To enforce, by legal action or otherwise, the provisions of the Declaration and Bylaws and of all rules, regulations, covenants, restrictions and agreements governing or binding Association and TOHOQUA;

To operate and maintain the SWMS in the event the District does not own and operate all SWMS. The Association shall operate, maintain and manage the SWMS in a manner consistent with the Permit requirements and applicable SFWMD rules, and shall assist in the enforcement of the provisions of the Declaration that relate to the SWMS. To the extent required by the Permit, the Association shall levy and collect adequate assessments against members of the Association for the costs of maintenance and operation of the SWMS. In the event the District does not own and operate all SWMS, Assessments may be used for the maintenance and repair of the SWMS and mitigation or preservation areas, including but not limited to work within retention areas, drainage structures, and drainage easement;

To fix, levy, collect and enforce payment, by any lawful means, of all Assessments pursuant to the terms of the Declaration, these Articles and Bylaws;
1

(((H18000072706 3)))

(((H18000072706 3)))

To pay all Operating Expenses, including, but not limited to, all licenses, taxes or governmental charges levied or imposed against the property of the Association;

To acquire (by gift, purchase or otherwise), annex, own, hold, Improve, build upon, operate, maintain, convey, grant rights and easements, sell, dedicate, lease, transfer or otherwise dispose of real or personal property (Including the Common Areas} in connection with the functions of the Association except as limited by the Declaration;

To borrow money, and (I) if prior to the Turnover Date, upon the approval of (a)  a majority of the Board; and (b} the written consent of Declarant, or (ii) from and after the Turnover Date, approval of
(a) a majority of the Board; and (b) fifty-one percent (51%) of the Voting Interests present (In person or by
proxy) at a duly called meeting of the members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, including without limitation, the right to collateralize any such indebtedness with the Association's Assessment collection rights;

To dedicate, grant, license, lease, concession , create easements upon, sell or transfer all or any part of TOHOQUA to any public agency, entity, authority, utility or other person or entity for such purposes and subject to sue	itions as it determines and as provided in the Declaration;

e gers

To partic for the same purposes;

and consolidations with other non-profit corporations organized

7.1O      To  adopt, pu  i	lgate or enforce rules, regulations, covenants, restrictions or agreements  governing  Assoc	OOUA, the Common Areas, Lots, Parcels and Homes as provided in the Declaration and •-..<!-1>"~•--e II of the purposes for which the Association is organized;

To have and organized under Chapter 617 r exercise;

all powers, rights, and privileges which a corporation lorida Statutes by law may now or hereafter have or

To employ personn	J"'ClllJ..."'""'"'""endent contractors to contract for management of the Association, TOHOOUA , and the		reas as provided in the Declaration and to delegate in such contract all or any part of the powers and duties of the Association;

To contract for services to be provided to, or for the benefit of, the Association, Owners, the Common Areas, and TOHOQUA, as provided in the Declaration, such as, but not limited to, telecommunications services, maintenance, garbage pick-up, and utility services;

To establish committees and delegate certain of its functions to those committees; and

To have the power to sue and be sued.

Voting Rights. Owners and Declarant shall have the voting rights set forth in the Declaration.

Board of Directors. The affairs of the Association shall be managed by a Board of odd number with not less than three (3) or more than five (5) members. The initial number of Directors shall be three (3). Board members shall be appointed and/or elected as stated in the Bylaws. After the Turnover Date, the election of Directors shall be held at the annual meeting. The names and addresses of the members of the first Board who shall hold office until their successors are appointed or elected, or until removed, are as follows:

(Intentionally Blank- Continued on the Next Page]

2

(((H18000072706 3)))

(((H18000072706 3)))

Andre Vidrine Marc Hooker Bob Secrist

NAME

ADDRESS
5511 Hansel Avenue
Orlando, Florida 32809

5511 Hansel Avenue
Orlando, Florida 32809

5511 Hansel Avenue
Orlando, Florida 32809

1O. Dissolution. In the event of the dissolution of the Association other than incident to a merger or consolidation, any Member may petition the Circuit Court having jurisdiction of the Judicial Circuit of the State of Florida for the appointment of a receiver to manage its affairs of the dissolved Association and to manage the Common Areas, in the place and stead of the Association, and to make such provisions as may be necessary for the continued management of the affairs of the dissolved Association and its properties. In the event of termination, dissolution or final liquidation of the Association, the responsibility of the operation and maintenance of the SWMS must be transferred to and accepted by an entity approved in writing by the SFWMD prior to such termination, dissolution or liquidation.

Duration. Existen sociation shall commence with the filing of these Articles with the Secretary of State, Tallah a. The Association shall exist in perpetuity.

Amendments.

Gener I Restri t	mendments. Notwithstanding any other provision herein to the contrary, no amendment to the--.. -·e all affect the rights of Declarant unless such amendment receives the prior written consent of			, which may be withheld for any reason whatsoever. If the prior written approval of any v m tal e ti y or agency having jurisdiction is required by applicable law or governmental regulation f		n nt to these Articles, then the prior written consent of such entity or agency must also				endment shall be effective until it is recorded in the Public Records.

Amendments   rior	rior to the Turnover, but subject to the general restrictions on amendments set forth above, Declarant shall have the right to amend these Articles as it deems appropriate, without the jolnder or consent of any person or entity whatsoever, except to the extent limited by applicable law as of the date the Declaration is recorded. Declarant's right to amend under this Section is to be construed as broadly as possible. In the event that the Association shall desire to amend these Articles prior to the Turnover, the Association must first obtain Declarant's prior written consent to any proposed amendment. An amendment identical to that approved by Declarant may be adopted by the Association pursuant to the requirements for amendments from and after the Turnover. Declarant shall join in such identical amendment so that its consent to the same will be reflected in the Public Records.

Amendments From and After the Turnover. After the Turnover, but subject to the general restrictions on amendments set forth above, these Articles may be amended with the approval of (i) a majority of the Board; and (ii) fifty-one percent (51%) of the Voting Interests present (in person or by proxy) at a duly called meeting of the members.

Compliance with HUD, FHA, VA, FNMA, GNMA and SFWMD. Prior to the Turnover, the Declarant shall have the right to amend these Articles, from time to time, to make such changes, modifications and additions therein and thereto as may be requested or required by HUD, FHA, VA, FNMA, GNMA, SFWMD, or any other governmental agency or body as a condition to, or in connection with such agency's or body's regulatory requirements or agreement to make, purchase, accept, insure, guaranty or otherwise approve loans secured by mortgages on Lots. No approval or joinder of the Association, other Owners, or any other party shall be required or necessary to such amendment. After the Turnover, but subject to the general restrictions on amendments set forth above, the Board shall have
3

(((H18000072706 3)))

Book5329/Page81	CFN#2018072141	Page 79 of 104

(((H18000072706 3)))

the right to amend these Articles, from time to time, to make such changes, modifications and additions therein and thereto as may be requested or required by HUD, FHA, VA, FNMA, GNMA, SFWMD or any other governmental agency or body as a condition to, or in connection with such agency's or body's regulatory requirements or agreement to make, purchase, accept, insure, guaranty or otherwise approve loans secured by mortgages on Lots. No approval or joinder of the Owners, or any other party shall be required or necessary to any such amendments by the Board. Any such amendments by the Board shall require the approval of a majority of the Board.

Limitations.

Declaration is Paramount. No amendment may be made to these Articles which shall in any manner reduce, amend, affect or modify the terms, conditions, provisions, rights and obligations set forth in the Declaration.

Rights of Declarant. There shall be no amendment to these Articles which shall abridge, reduce, amend, effect or modify the rights of Declarant.

-	These Articles shall not be amended in a manner that conflicts with the Bylaws.

I elect a President, Vice President, Secretary, Treasurer, and as many Vice  Presidents, Assista   S		·es and Assistant Treasurers as the Board shall from time to time determine.  The names  n  add  s es of the Officers who shall serve until their successors are elected by the Board are as follo

President: Vice President:

5511 Hansel Avenue
Orlando, Florida 32809

5511 Hansel Avenue
Orlando, Florida 32809

5511 Hansel Avenue
Orlando, Florida 32809

lndemnifi  ation of Offi er  a	ss ciatfon shall and does hereby indemnify and hold harmless every Director and every Officer, their heirs, executors and administrators, against all loss, cost and expenses reasonably incurred in connection with any action, suit or proceeding to which such Director or Officer may be made a party by reason of being or having been a Director or Officer of the Association, including reasonable counsel fees and paraprofessional fees at all levels of proceeding. This indemnification shall not apply to matters wherein the Director or Officer shall be finally adjudged in such action, suit or proceeding to be liable for or guilty of gross negligence or willful misconduct. The foregoing rights shall be in addition to, and not exclusive of, all other rights to which such Director or Officers may be entitled.

Transactions in Which Directors or Officers are interested. No contract or transaction between Association and one (1) or more of its Directors or Officers or Declarant, or between Association and any other corporation, partnership, the Association, or other organization in which one (1) or more of its Officers or Directors are Officers, Directors or employees or otherwise interested shall be invalid, void or voidable solely for this reason, or solely because the Officer or Director is present at, or participates in, meetings of the Board thereof which authorized the contract or transaction, or solely because said Officers' or Directors' votes are counted for such purpose. No Director or Officer of the Association shall incur liability by reason of the fact that such Director or Officer may be interested in any such contract or transaction. Interested Directors shall disclose the general nature of their interest and may be counted in determining the presence of a quorum at a meeting of the Board which authorized the contract or transaction.

[Signature on the Following Page]

4

(((H18000072706 3)))

Book5329/Page82	CFN#2018072141	Page 80 of 104

(((H18000072706 3)))

IN WITNESS WHEREOF, for the purpose of  forming this corporation  under  the laws of  the State of Florida, the undersigned, being the lncorporator of this Association, has executed these Articles of Incorporation as of this 21st day of March, 2018.

lncorporator
401 East Jackson Street, Suite 2200
Tampa, Florida 33607

5

(((H18000072706 3)))

(((H18000072706 3)))

ACCEPTANCE BY REGISTERED AGENT

The undersigned, having been named to accept service of process for the above-stated corporation at the place designated in this certificate, hereby agrees to act in this capacity, and is familiar with, and accepts, the obligations of this position and further agrees to comply with the provisions of all statutes relative to the proper and complete performance of its duties.

Dated this 21st day of March, 2018.

STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.

By:	_	c_ ·  9.-  ·	- 		_
Christian F. O'Ryan , Esq.

Registered Office:

401 East Jackson Street, Su Tampa, Florida 33602

Principal Corporation Office: 5511 Hansel Avenue
Orlando, Florida 32809

6

#5834860 v2	(((H18000072706 3)))

EXHIBIT3 BYLAWS

TOHOQUA
Declaration

ABYLAWS

:SSOCIATION,INC.

(A FLORl OFIT CORPORATION)

TABLE OF CONTENTS

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Name and Location	1
Definitions	1
Members	1
Board of Directors	3
Meeting of Directors	4
Powers and Duties of the Board	5
Obligations of the Association	6
Officers and Their Duties	7
:: o: :ees	@	:	: ::	:
Corporate Seal.......... ...	•··..····..···········································. 	a

TOHOQUA
Bylaws

BYLAWS
OF
TOHOQUA MASTER ASSOCIATION, INC.

Name and Location. The name of the corporation is TOHOQUA MASTER ASSOCIATION, INC. (the "Association"). The principal office of the corporation shall be located at 5511 Hansel Avenue , Orlando, Florida 32809, or at such other location determined by the Board of Directors (the "Board") from time to time.

Definitions.   The  definitions  contained  in  the  MASTER  DECLARATION  FOR  TOHOQUA  (the " Declaration") relating to the residential community known as TOHOQUA, recorded, or to be recorded, in the Public Records of Osceola County, Florida, are incorporated herein by reference and made a part hereof. In addition to the terms  defined in the Declaration, the  following  terms  shall have  the meanings set forth below:

"Minu tes" shall mean the minutes of all member and Board meetings, which shall be in the form required by the Florida Statutes. In the absence of governing Florida  Statutes, the Board  shall determine the form of the minutes.
"O fficial  Records'  sehan all records required to be maintained by the Association pursuant to Section 720.303(4), Flori	s (2017).

Members.

Votin   Interest -.	ner and the Declarant shall be a member of the Association.
No person  who holds an intere	ly as security for the performance of an obligation shall be a member  of  the  Association.  M   s·   all  be  appurtenant  to,  and  may  not  be  separated  from, ownership  of  any Lot.  There  shall  o  )  ote appurtenant  to each Lot.  Prior  to the  Turnover,  the Declarant  shall have  Voting  In   s   qual  o   ine (9)  votes per  Lot  owned.   Thereafter,  the Declarant shall have Voting Interest equal t     n     o     f  r    ach Lot owned.  For the purposes  of  determining who may exercise the Voting Interest associated wi h Lot, the following rules shall govern:

Home  Owned	ied Cou le. Either spouse (but not both) may exercise the Voting Interest with respect to a Lot. In the event the spouses cannot agree, neither may exercise the Voting Interest.

Trusts. In the event that any trust owns a Lot, the Association shall have no obligation to review the trust agreement with respect to such trust. By way of example, if the Lot is owned by Robert Smith, as Trustee, Robert Smith shall be deemed the Owner of the Lot for all Association purposes. If the Lot is owned by Robert Smith as Trustee for the Laura Jones Trust, then Robert Smith shall be deemed the member with respect to the Lot for all Association purposes . If the Lot is owned by the Laura Jones Trust, and the deed does not reference a trustee, then Laura Jones shall be deemed the member with respect to the Lot for all Association purposes. If the Lot is owned by the Jones Family Trust, the Jones Family Trust may not exercise its Voting Interest unless it presents to the Association , in the form of an attorney opinion letter or affidavit reasonably acceptable to the Asso ciation, the identification of the person who should be treated as the member with respect to the Lot for all Association purposes . If Robert Smith and Laura Jones, as Trustees, hold title to a Lot, either trustee may exercise the Voting Interest associated with such Lot. In the event of a conflict between trustees, the Voting Interest for the Lot in question cannot be exercised. In the event that any other form of trust ownership is presented to the Association, the decision of the Board as to who may exercise the Voting Interest with respect to any Lot shall be final. The Association shall have no obligation to obtain an attorney opinion letter in making its decision, which may be made on any reasonable basis whatsoever.

TOHOOUA
Bylaws

Corporations. If a Lot is owned by a corporation, the corporation shall designate a person, an officer, employee, or agent who shall be treated as the member who can exercise the Voting Interest associated with such Lot.

Partnerships. If a Lot is owned by a limited partnership, any one of the general partners may exercise the Voting Interest associated with such Lot. By way of exa mple, if the general partner of a limited partnership is a corporation, then the provisions hereof governing corporations shall govern which person can act on behalf of the corporation as general partner of such limited partnership. If a Lot is owned by a general partnership, any one of the general  partners may exercise the Voting Interest associated with such Lot. In the event  of  a conflict among general partners entitled to exercise a Voting Interest , the Voting Interest for such Lot cannot be exer cised.

Multiple Individuals. If a Lot is owned by more than one individual,  any  one of  such individuals may exercise the Voting Interest  with respect to such Lot.  In the event that there is a conflict among such individuals, the Voting Interest for such Lot cannot be exercised.

Liability of the  Association.  The Association  may act in reliance upon any writing or instrument or signature, whether  original or by Electronic  Transmission,  which the Association, in good faith, believes	genuine, may assume the validity and accuracy of any statement or assertion  contained ·n    c     writing  or instrument , and may assume that any person  purporting to give any writing, ice,  d  ice or instruction in connection  with the provisions  hereof  has been duly authorized to d        as		the Association acts in good faith, the Association shall have no liability or obligation · h ct to the exercise of Voting Interests , and no election  shall be invalidated  (in the abse       of  fr    d)  on the basis  that the  Association  permitted  or denied  any
person  the  right to exe	·_Y-6  Interest.    In  addition,  the  Board  may  impose  additional
requirements   respectin  gciof   Voting   Interests   (e.g.,  the  execution   of   a  Voting Certificate).

Annual Meetings.   he     a     ·  ng of the members (the "AnnualMembers Meeting")  shall be held at least  once  each calendar  year       date,  at  a time, and at a place to be determined  by the Board.

Special Meetings of the Members. Special meetings of the members (a  "Special Members Meeting") may be called by the President, a majority of the Board, or upon written request of ten percent (10%) of the Voting Interests of the members. The business to be conducted at a Special Members Meeting shall be limited to the extent required by Florida Statutes.

Notice of Members Meetings.  Written  notice  of  each members meeting  shall be given by, or at the direction of, any officer of the Board or any management company retained by  the  Association. A copy of the notice shall be given to each member entitled to vote, not  less than  ten (10) days before the meeting (provided, however, in the case  of  an  emergency,  two   (2)   days'   notice   will be deemed sufficient), unless otherwise required by Florida law. Written  notice  is effective  (i)  when mailed, if mailed postpaid and correctly addressed to the members'  address  last appearing on the books; or (ii) when transmitted by any form of Electronic  Transmission.  The notice  shall specify  the place, day, and hour of the meeting and, in the case of a Special Members Meeting, the purpose of the meeting. Alternatively, and to the extent not prohibited by the Florida Statutes, as amended from time to time, the Board may, by majority consent, adopt from time to time, other procedures for giving notice  to  the members of the Annual Members Meeting or a Special Members Meeting. By way of example, and not of limitation, such notice may be included in a newsletter sent to each member.

Quorum of Members. Until the Tu rnover , a quorum shall be established by Declarant's presence, in person or by proxy, at any meeting. After the Tu rnove r , a quorum for  purposes  of conducting business shall be established  by the presence, in person  or by proxy, of the members entitled to cast ten percent (10%) of the total Voting Interests . To the extent permitted by applicable law, as

TOHOQUA
Bylaws

amended from time  to time, members may attend members' meetings  and vote as if  physically present  via telephone, real-time videoconferencing, or similar real-time electronic or video communication. A member's attendance via telephone, real-time videoconferencing, or similar real-time electronic or video communication shall count toward the quorum  requirements  as if  such member  was physically  present. In the event members elect not to be physically present  at a members' meeting, a speaker  must be used so that the conversation of  such members may be heard by the  Board or committee  members  attending in person as well as by any Owners present at the meeting. Notwithstanding the foregoing or any other provision of these Bylaws to the contrary, members may attend and participate via telephone, real-time videoconferencing, or similar real-time electronic or video communication only if a majority of the Board approved such manner of attendance.

Adjournment of Members Meetings. If, however, a quorum shall not be present at any members meeting,  the meeting may be adjourned  as provided in the Florida Statutes.   In the absence of  a provision in the Florida Statutes, the members present shall have power to adjourn the meeting and reschedule it on another date.

Action of Members. Decisions that require a vote of the members must be made by a concurrence of a majority of the Voting Interests present  in  person or by proxy, represented  at a meeting at which a quorum has been obtained unless provided otherwise in the Declaration, the Articles, or these
By laws.

5B

Proxies.   t   II m   ti  gs, members  may vote their  Voting Interests  in person or by proxy . In addition, to the  extent p  ·  d  he Board  and to  extent the Association  adopted technology  that  facilitates  voting remotely , mem  er	also cast their votes utilizing such technology and participating via telephone, real-time videoc eren n , or similar real-time  electronic  or  video  communication .  All proxies shall comply  with the pr  ·  ·    s    ection 720.306(8),  Florida Statutes (2017),  as amended from time  to time, be in  writing, and be·		e Secretary  at, or prior  to, the  meeting.   Proxyholders may
also  attend and/or participate via tel	-time videoconferencing, or similar  real-time  electronic or
video communication so long aS'tti oxies r delivered to the Secretary at or prior to the meeting and otherwise  in compliance  with thi     e	. ery proxy shall be revocable  prior  to the meeting  for which it is given.

Board of Directors.

Number. The affairs of the Association  shall be managed by a Board consisting  of  no  less than three (3) persons and no more than five (5) persons. Board members appointed by Declarant need not be members of the Association. Board members elected by Owners must be members of the Association. Pursuant to Section 720.307(2), Florida Statutes (2017) Owners are entitled to elect one (1) member  of  the Board (the "Pre-TurnoverDirecto"r) when fifty percent  (50%)  of  all the  Lots ultimately planned for TOHOQUA are conveyed to Owners, provided the Owners exercise  such right. In the event  the Owners do not exercise the right to elect the Pre-Turnover Director,  then a vacancy  on  the Board  shall occur and the remaining members of the Board may fill such vacancy.

Term of Office. The term of office for the Pre-Turnover Director shall end at the next  Annual Members Meeting after the Pre-Turnover Director's election, or on the date the Turnover election takes place (the "TurnoverDate"), whichever occurs first. In the event that the Pre-Turnover Director's term expires at the Annual Members Meeting, a new Pre-Turnover Director shall be  elected  by  the Owners at the next Annual Members Meeting or on the Turnover Date, whichever occurs first , with the election process repeated thereafter until Turnover. Except with respect to the Pre-Turnover Director, the election of Directors shall take place after Declarant no longer has the authority to appoint  a  majority  Board and shall take place on the Turnover Date. On the Turnover Date the members shall elect three (3) Directors: one (1) Director for a term of one (1) year, one (1) Director for a term two (2) years, and one (1) Director for a term of  three (3)  years.  The candidates  receiving  the most votes shall be elected to office. Of such candidates receiving the most votes, the candidate with the most votes  shall  serve  as  the Director for three (3) years; the candidate receiving the second highest number of votes shall serve as Director for two (2) years; and the candidate receiving the least amount of votes shall serve as Director

TOHOQUA
Bylaws

for one (1) year. At each Annual Members Meeting thereafter, the members shall elect the appropriate number of Directors for a term of two (2) years. Each Director's respective term shall end upon the election of new Directors at the Annual Members Meeting (except that the term of any Director appointed by Declarant shall extend until the date designated by Declarant, or until the Turnover Date).

Removal. Any vacancy created by the resignation or removal of a Board member appointed by Declarant may be replaced by Declarant. Declarant may replace or remove any Board member  appointed  by Declarant  in  Declarant's  sole  and absolute  discretion.   In the  event  of  death  or resignation of a Director elected by the members, the remaining Directors may fill such vacancy. Directors may be removed with or without cause by the vote or agreement in writing of members holding a majority of the Voting Interests.

Compensation. No Director shall receive compensation for any service rendered as a Director to the Associa tion; provided, however, any Director may be reimbursed for actual expenses incurred as a Director.

Action Taken Without a Meeting. Except to the extent prohibited by law, the Board shall have the right to take any action without a meeting by obtaining the written approval of the required number of Directors. Any action so approved shall have the same effect as though taken at a meeting of Directors.

A ointme t nd e tion of Directors. Until the Turnover, the Declarant shall have the unrestricted power to appoi aj · of the Directors of the Asso ciation. Subject to Declarant's right to appoint  a  Director  as permi e	tion 720.307(3), Florida Statutes (2017), from and after the expiration of the Turnover, or ch e r ier date determined by Declarant in its sole and absolute discretion,  the  Members  shall   I  ct     r      rs  of  the  Association  at  or  in  conjunction  with  the  Annual Members Meeting.

Nomination. Pr	e tion at which Owners are entitled to elect any of the Directors, the Board shall prescri 1>11-rt'\rY>mu ate to the members) the opening date and the closing date of a reasonable filing period ("Can I ate ii" Period") in which every eligible person who has an
c di le for such Director position. The Board may also appoint a Nominating Committee t ULODll-R.:mons for election of Directors to the Board.  A Nominating Committee, if appointed, sha consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more members of the Association. Any Nominating Committee shall serve for a term of one (1) year or until its successors are appointed. In preparation for each election, the Nominating Committee, if appointed, shall meet and make as many nominations for election to the Board as it shall in its discretion determine, but in no event less than the number of Directors' positions to be filled at such election. Any member may nominate himself or herself as a candidate by notice to the Nominating Committee (or to the Secretary if there is no Nominating Committee) within the Candidate Filing Period.

Election. Each member may cast as many votes as the member has under the provisions of the Declaration, for each vacancy on which such member is entitled to vote. If the number of candidates nominated is equal to or less than the number of positions to be filled, then those candidates shall be deemed elected without the necessity of a vote. If the number of candidates nominated exceeds the number of positions to be filled, an election shall be held, and the person receiving the largest number of votes cast by the members (for each vacancy on which such members are entitled to vote) is elected. Cumulative voting is not permitted. So long as required by Section 720.306(9), Florida Statutes (2017), any election dispute between a member and the Association shall be resolved by mandatory binding arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation.  Any challenge to the election process must be commenced within sixty (60) days after the election results are announce.d

TOHOQUA
Bylaws

Meeting of Directors.

Regular Meetings. Regular meetings of the Board shall be held on a schedule adopted by the Board from time to time. Meetings shall be held at such place and hour as may be fixed, from time to time, by resolution of the Board.

Special Meetings. Special meetings of the Board shall be held when called by the President, or by any two (2) Directors. Each Director shall be given not less than two (2) days' notice except in the event of an emergenc.y Notice may be waived. Attendance shall be a waiver of notice. Telephone conference meetings are permtited.

Emergencies. In the event of an emergency involving immediate danger of injury or death to any person or damage to property, if a meeting of the Board cannot be immediately convened to determine a course of action, the President or, in his absence, any other officer or director, shall be authorized to take such action on behalf of the Association as shall be reasonably required to appropriately respond to the emergency situation, including the expenditure of the Association funds in the minimum amount  as may be reasonably required under the circumstances.  The authority  of officers to act in accordance herewith shall remain in effect until the first to occur of the resolution of the emergency situation or a meeting of the Board convened to act in response thereto.

Ur

Quorum.	JO· t of the number of Directors shall constitute a quorum for the transaction of business. E e act o decision done or made by a majority of the Directors present at a duly held meeting, at which		r ·s presen,t or in writing in lieu thereof, shall be an action of the Board.   Directors may attend m			· a telephone, real-time videoconferencing, or similar real-time electronic  or  video communica i   .		irector's participation in a meeting via telephone, real-time videoconferencin g,  or similar re  ·      el     onic or video communication  counts toward a quorum, and
such Director  may  vote as if phy·s  ffltY,Y   s   t.   A speaker must be used so that  the conversation of

Directors not physically present ma (,,be J:i a y the Board, as well as by any members present at the meeting.  Members may not att	rd m ti s via telephone, real-time videoconferencing, or similar real-time electronic or video com

Open Meetings. open to all members.

Voting. Board members shall cast votes in the manner provided in the Florida Statutes. In the absence of a statutory provision, the Board shall establish the manner in which votes shall be cast.

Notice of Board Meetings. Notices of meetings of the Board shall be posted in a conspicuous place on the Common Areas at least 48 hours in advance, except in an event of an emergency. Alternatively, notice may be given to members in any other manner provided by Florida Statute, as amended from time to time. By way of example, and not of limitation, notice may be given in any newsletter distributed to the members. Written notice of Board meetings also may be provided when transmitted by any form of Electronic Transmission. For the purposes of giving notice, the area for notices to be posted selected by the Board shall be deemed a conspicuous place. Notwithstanding anything to the contrary herein, notice of any meeting of the Board at which an Assessment will be levied must be provided to all members at least fourteen (14) days before the meeting, which notice shall include a statement that Assessments will be considered at the meeting and the nature of the Assessments.

Electronic or Video Attendance. The Board may, by majority consent, permit any directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all Directors participating may simultaneously hear each other during the meeting, such as telephone, real-time videoconferencing, or similar real-time electronic or video communication . A Director participating in a meeting by this means is deemed to be present in person at the meeting. Notwithstanding any provision herein to the contrary, the meeting must be held at a location

TOHOQUA
Bylaws

that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting.

Powers and Duties of the Board.

Powers. The Board shall have, subject to the limitations and reservations set forth in the Declaration and Articles, the powers reasonably necessary to manage, operate, maintain and discharge the duties of the Association, including, but not limited to, the power to cause Association to do the following:

General. Exercise all powers, duties and authority vested in or delegated to the Association by law and in these Bylaws, the Articles, and the Declaration, including without limitation, adopt budgets, levy Assessments, enter into contracts with Telecommunications Providers for Telecommunications Services.

Rules and Regulations. Adopt, publish, promulgate and enforce rules and regulations governing the use of TOHOQUA by the members, tenants and their guests and invitees, and to establish penalties and/or fines for the infraction thereof subject only to the requirements of the Florida Statutes, if any.

Suspend the right of use of the Common Areas (other than for ss and egress and for utilities) of a member during any period in
default in the payment of any Assessment or charge levied, or

eclare the office of a member of the Board to be vacant in t from three (3) consecutive regular Board meetings.

on behalf of the Association, managers, independent it deems necessary, to prescribe their duties  and c., any or all of the duties and functions of the

Common Areas. Acquire, sell, operate, lease, manage and otherwise trade and deal with property, real and personal, including the Common Areas, as provided in the Declaration, and with any other matters involving the Association or its members, on behalf of the Association or the discharge of its duties, as may be necessary or convenient for the operation and management of the Association and in accomplishing the purposes set forth in the Declaration.

Granting of Interest. Grant licenses, easements, permits, leases, or privileges to any individual or entity, which affect Common Areas and to alter, add to, relocate or improve the Common Areas as provided in the Declaration.

Financial Reports. Prepare all financial reports required by the Florida Statutes.

Vote.   The  Board  shall exercise  all powers  so granted,  except  where  the Declaration, Articles or these Bylaws specifically require a vote of the members.

Limitations. Until the Turnover, Declarant shall have and is hereby granted a right to disapprove  or  veto any such action, policy,  or program proposed or authorized by the Association, the Board, the ACC , any committee of the Association, or the vote of the members. This right may be exercised by Declarant at any time within sixty (60) days following a meeting held pursuant to the terms and provisions hereof. This right to disapprove may be used to veto proposed actions but shall not

6	TOHOQUA
Bylaws

extend to the requiring of any action or counteraction on behalf of the Association, the Board, the ACC or any committee of the Association .

Obligations of the Association. Association, subject to the provisions of the Declaration, Articles, and these Bylaws shall discharge such duties as necessary to operate the Association pursuant to the Declaration, including , but not limited to, the following:

Official Records. Maintain and make available all Official Records ;

Supervision. Supervise all officers, agents and employees of  the Association, and to see that their duties are properly performed;

Assessments and Fines. Fix and collect the amount  of the Assessments  and fines; take all necessary legal action; and pay, or cause to be paid, all obligations of the Association or where the Association has agreed to do so, of the members; and

Enforcement. Enforce the provisions of the Declaration,  Articles,  these  Bylaws,  and Rules and Regulations.

8.

Officers. Secretary, and a Treasurer.

Election of Offi es. officers shall be by the Board an Members Meeting.

s  of  this  Association  shall  be  a  President,   a  Vice  President,  a

the Turnover, and except as set forth herein, the election of lace at the first meeting of the Board following  each  Annual

rticles shall serve until their replacement by the Board. til their successors are appointed or elected unless rwise disqualified to serve.

Special  Appointment.	m y elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

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

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

Multiple Offi ces. The office of President and Vice-President shall  not be  held by  the same person. All other offices may be held by the same person.

Duties. The duties of the officers are as follows:

President. The President shall preside at all meetings of the  Association  and Board, sign all leases, mortgages, deeds and other written instruments and perform such other duties as may be required by the Board. The President shall be a member of the Board.

TOHOQUA
Bylaws

Vice President. The Vice President shall act in the place and stead  of  the President in the event of the absence, inability or refusal to act of the President, and perform such other duties as may be required by the Board.

Secretary. The Secretary shall record the votes and keep the Minutes of all meetings and proceedings of the Association and the Board; keep the corporate seal of the Association and affix it on all papers required to be sealed; serve notice of meetings of the Board and of the Association; keep appropriate current records showing  the names of the members  of the Association together with their addresses; and perform such other duties as required by the Board.

Treasurer. The Treasurer shall cause to be received and deposited in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by the Board; sign, or cause to be signed, all checks, and promissory notes of the Association; cause  to be kept proper books of account and accounting records required pursuant to the provisions of Section 720.303, Florida Statutes (2017), cause to be prepared in accordance with generally accepted accounting principles all financial reports required by the Florida Statutes; and perform such other duties as required by the Board.

9.

tion shall be available for inspection by any member e purchased, by a member, at a reasonable cost.
The Association  may comply with an o· ·	uest by making the records available to a member
electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. The Association must allow a member to use  a  portable  device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the Association providing the member with a copy of such records. The Association may not charge a fee to a member for the use of a portable device.

Corporate Seal. The Association shall have an impression seal in circular form.

Amendments .

General Restrictions on Am endments. Notwithstanding any other provision herein to the contrary, no amendment to these Bylaws shall affect the rights of Declarant unless such amendment receives the prior written consent of Declarant which may be withheld for any reason whatsoever. If the prior written approval of any governmental entity or agency having jurisdiction is required by applicable law or governmental regulation for any amendment to these Bylaws, then the prior written consent of such entity or agency must also be obtained. No amendment shall be effective until it is recorded in the Public Records .

Amendments  Prior to the Turnover.  Prior to the Turnover, Declarant shall have the right  to amend these Bylaws as it deems appropriate, without the joinder or consent of any person or entity whatsoever, except as limited by applicable law as it exists and is effective on the date the Declaration is

TOHOOUA
Bylaws

recorded in the Public Records or except as expressly set forth herein. Declarant's  right to amend under this provision is to be construed as broadly as possible. In the event the  Association  shall  desire  to amend these Bylaws prior to the Turnover, the Association must first obtain Declarant's prior  written consent to any proposed amendment. An amendment identical to that approved by Declarant may be adopted by the Association pursuant to the requirements for amendments from and after the Turnover. Thereafter, Declarant shall join in such identical amendment so that its consent to the same will  be reflected in the Public Records .

Amendments From and After the Turnover. After the Turnover, but subject to the general restrictions on amendments set forth above, these Bylaws may be amended with the approval of (i) a majority of the Board; and (ii) fifty-one percent (51%) of the Voting Interests  present  (in person  or by proxy) at a duly called meeting of the members. Notwithstanding the foregoing, these Bylaws may be amended after the Turnover by a majority of the Board acting alone to change the number of Directors on the Board and their respective terms. Such change shall not require the approval of the members. Any change in the number of Directors shall not take effect until the next Annual Members Meeting.

Compliance with HUD, FHA, VA, FNMA, GNMA and SFWMD. Prior to the Turnover, the Declarant shall have the right to amend these Bylaws, from time to time, to make such changes, modifications and additions therein and thereto as may be requested or required by  HUD,  FHA,  VA, FNMA, GNMA,  SFWMD,  or a      er governmental  agency  or body as a condition  to, or in connection  with such agency's or bod '  u  ry requirements  or  agreement  to make, purchase,  accept,  insure, guaranty or otherwise ap r e I n secured by mortgages on Lots.  No  approval  or  joinder  of  the Association,  other  Owners,    r      o      party shall be required or necessary to such amendment.    After the Turnover Date, but subject t1vrr1P_.-fTP.JJ1Rral restrictions on amendments set forth above, the Board shall have  the  right  to amend thes	om time to time, to make such changes, modifications and additions  therein  and thereto		requested or required by HUD, FHA, VA, FNMA, GNMA, SFWMD or any other government        n     o  body as a condition  to, or in connection  with such agency's or body's regulatory requirements or			to make, purchase, accept, insure, guaranty or otherwise approve  loans  secured by mort  e  n Lo   .   o  approval or  joinder  of  the Owners,  or any other party, shall be required  or  necessary  t   an				dments by the Board. Any such amendments by the Board shall require the approval of a majority o			card.

Conflict.    In  the  case  of  any   o ·   t	the Articles and these Bylaws, the Articles shall control. In the case of any conflict between the Declaration and these Bylaws,  the  Declaration  shall control.

Fiscal Year. The first fiscal  year  shall begin on the date of  incorporation  and end on  December 31 of that year. Thereafter, the fiscal year of the Association  shall begin on the first day of  January and  end on the 31st day of December of every year.

Miscellaneous.

Florida Statutes. Whenever these Bylaws refers to the Florida  Statutes,  it  shall  be deemed to refer to the Florida Statutes as they exist and are effective on the date these Bylaws are recorded in the Public Records except to the extent provided otherwise  as to any particular provision  of  the Florida Statutes.

Severability. Invalidation of any of the provisions of these Bylaws by judgment or court order shall in no way affect any other provision, and the remainder of these Bylaws  shall remain  in full force and effect.

TOHOQUA
Bylaws

CERTIFICATION

I, Andre Vidrine, do hereby certify that:

I am the duly elected and acting President of TOHOQUA MASTER ASSOCIATION, INC., a Florida not-for-profit corporation; and,

IN  WIT   ;}'WHEREOF,  I  have hereunto  subscr"	d my name and affixed the seal of said Association thiso(/l,	day of April, 2018.

(CORPORATE SEAL)

10
#5834990 vl

TOHOQUA
Bylaws

EXHIBIT4 PERMIT

TOHOQUA
Declaration

#5831515 v8

•

SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE PERMIT NO. 49-02426-P DATE ISSUED: June 6, 2017

Delivered Via Email
PERMITTEE: NEPTUNE ROAD INVESTMENTS LL C
5151 HANSEL AVENUE
ORLANDO, FL 32809
PROJECT DESCRIPTION: Construction and Operation of a stormwater management system (SWM) serving
118.45 acres of residential development  consistent  with  the  conceptual  permit, for a project known as Tohoqua Property Phase I.

PROJECT LOCATION:	OSCEOLA COUNTY,	SEC 5 TWP 26S RGE 30E SEC 6 TWP 25S RGE 30E SEC 26 TWP 25S RGE 29E

PERMIT DURATION:

See Special Condition No:1.

This is to notify you of the District's agency act"	ermit Application No. 170512-14, dated May 12, 2017. This action is taken pursuant to the provisions of Chapter 373, Part IV, Flo cla a (F.S).

Should you object to these conditions, please refer to the attached ice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed ncy a  io  .  Pl  e contact this office if you have any questions concerning this matter.  If we do not hear from you in accordance with th   "   ·    of   I	will assume that you concur with the District's action.

CERTIFICATE  OF SERVICE

I HEREBY CERTIFY THAT this written notice has been mailed or electronically transmitted to the Permittee (and the pE!f'Sons listed in the attached distribution list) this 6th day of June. 2017, in  accordance  with  Section  120 60(3), F,S.    ·     was also   electronically   posted   on   this    date    through    a   link    on    the    home page  of   the	website (my.sfw md - ftittinglr.-----------
BY:._ ,i . ;Va-le-ra-, P:.:E..   --=---
Chief - Environmental Resource ando Regulatory Offlc:e
Page 1 of8

Application No.: 170512-14
Page 2 of 6

GENERAL CONDITIONS

All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62- 330.315, Florida Administrative Code (F.A.C.). Any deviations that are not so authorized shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
A complete copy of this permit shall be kept at the work site of the permitted activity  during  the  construction phase, and shall be available for review at the work site upon request  by the Agency  staff.  The permittee shall require the contractor to review the complete permit prior to beginning construction.
Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008 ), unless a project­ specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.
At least 48 hours prior to mni the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-3	350		, "Construction Commencement Notice" indicating the expected start and completion dates. If a ·			,		ency website that fulfills this notification requirement may be used in lieu of the form.		· /;
Unless the permit is transferre bee(i:; 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330 .310, F.A.C., the perm1  1s ·  ble  to  comply  with the plans,  terms  and conditions  of the permit for the life of the projec or i
Within  30  days  after complet1     co	n the entire project, or any independent  portion  of  the project, the permittee shall provide the followi g the Agency , as applicable :
For  an  individual,  private  sin	fami		tial dwelling unit, duplex, triplex, or quadruplex- "Construction  Completion  and  lnsp		· n for Activities Associated With a Private Single-
Family Dwelling Unit"[Form 62-330.310(3 )]; or
For all other activities- "As-Built Certification and Request for Conversion to Operational Phase" [Form
62-330.310(1 )].
If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.
If the final operation and maintenance entity is a third party:
Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook Volume
I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk  of the Court in  the County in which the activity is located.
Within 30 days of submittal of the as- built certification, the permittee  shall  submit  "Request  for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.
The permittee shall notify the Agency in writing of changes required by any other regulatory agency that

Application No.: 170512-14
Page 3 of 6

GENERAL CONDITIONS

9.

10.

11.

require changes to the permitted activity, and any required modification of this  permit must be obtained prior to implementing the changes.
This permit does not:
Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;
Convey to the permittee or create in the permittee any interest in real property;
Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or
Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.
Prior to conducting any activit ies on state-owned submerged lands or other lands of the  state,  title  to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee  must receive all necessary approvals and authorizations under Chapters 253 and  258,  F.S.  Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

r@.

The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reasonaestruction, alteration, operation, maintenance,  remova,l  abandonment  or use of any project authori e	y t	permit.

12.

The permittee shall notify

writing:

Immediately  if any previous	·	d information is discovered to be inaccurate; and

Within 30 days of any co v  yanc  r  division of  ownership  or control  of the property  or the system,  other than  conveyance  via a I		e, and the new owner shall request transfer of the permit in accordance with Rule 62-330.34 , . . . is does not apply to the sale of lots or units in residential or commercial   subdivisions   or  co    o			where the stormwater management system has been completed  and converted to th	hj			.
Upon  reasonable  notice  to the permittee, A	staff with proper identification shall have permission to enter,   inspect,   sample  and  test	pr		ctivities to ensure conformity with the plans and
specifications authorized in the per  •.·.  _   _   _ - -	-
.		If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well  as  the  appropriate  permitting  agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources . If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.
Any delineation of the extent of a wetland or other surface water submitted as  part  of  the  permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.
The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other

Application No.: 170512-14
Page 4 of 6

GENERAL CONDITIONS

uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.
This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.
A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

Appfication No.: 170512-14
Page 5 of 6

SPECIAL CONDITIONS

The construction phase of this permit shall expire on June 6, 2022.
Operation and maintenance of the stormwater management system shall be the responsibility of NEPTUNE ROAD INVESTMENTS L L C.
Discharge Facilities: :

Discharge Structures are shown in Exhibit 2.1 (Page 16), and in Exhibit 2.2 (Page 3).
Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans.
A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report.

The following are exhibits to this permit. Exhibits noted as incorporated by reference are available on the District's ePermitting website (http://my.sfwmd.gov/ePermitting) under this application number.

Exhibit No. 1	Location Map Exhibit No. 2.1 DrainagePI Exhibit No. 2.2 DrainageP
Exhibit No. 3	Pond Stag		Discharge Summary, Pages 1-3 Exhibit No. 4	Land Use Br·	m.,,Mm		es 1-4

Exhibit No. 5		Water Quality, a es 1- Exhibit No. 6	Nodal Diagram a  1 Exhibit No. 7	Flood Plain Exhib,r,,	c;

with this Environmental Resource Permit (ERP), the
meeting   with   field   representatives,  consultants,
,.._=  .......-··..,,n ce  (ERG)  staff, and any  other  local government

The purpose of the pre-construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas , staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties.

To schedule a pre-construction meeting, please contact ERC staff from the Orlando Service Center at
(407) 858-6100 or via e-mail at: pre-con@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact name and phone number.
Minimum building floor elevation: As shown in Exhibit 2.1, Pages 7-10.
Minimum road crown elevation: As shown in Exhibit 2.1, Pages 7-10.
The backbone drainage system (roads, catch basins, culverts, lakes, dry pre-treatment swales, perimeter berm, and control structure) shall be constructed and operational prior to this phase of construction .
The exhibits and special conditions in this permit apply only to this application. They do not supersede or delete any requirements for other applications covered in Permit No. 49-02426-P unless  otherwise specified herein.

Application No.: 170512-14
Page 6 of 6

SPECIAL CONDITIONS

Prior to any future construction, the permittee shall apply for and receive a permit modification. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master stormwater management  system,  including the  land use and site grading assumptions.

NOTICE OF RIGHTS

As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands ursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order purs n ection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of i n n i through mail, electronic mail, or posting that the SFWMD has or

intends to take final agency ac· r · ation of notice that the SFWMD has or intends to take final agency action. Any person who receives v ice of a SFWMD decision and fails to file a written request for hearing within the timeframe descr	waives the right to request a hearing on that decision.
If the District takes final agency actio		erially. differs from the noticed intended agency decision, persons who may be substantial!	.		less otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point fen

Any person to whom an emergency ord r di.re tp.0.(§uant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the oard shall be afforded a hearing as soon as possible.

A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand elivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business liours are 8:00 a.m. - 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406.
Rev. 11/08/16

Book5329/Page105	CFN#2018072141	Page 103 of 104

Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.

INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white a er. All petitions shall contain:

Identification of the cf n b I contested, including the permit number, application number, SFWMD file number or any ot	· entification number, if known.
The name, address, any riJaitacR1r ss, any facsimile number, and telephone number of the petitioner and petitioner's represen ( ..
An  explanation of how	·· n r's substantial interests will be affected by the agency
determination.	'/')
A statement of when and o	received notice of the SFWMD's decision.
A statement of all disputed·  sue	te a fact. If there are none, the petition must so indicate.
A concise statement of the ultimate fa le d, including the specific facts the petitioner contends warrant reversal or modificatio o	' proposed action.
A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action.
If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.
A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action.

MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time.

RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Fla. Stat., and in accordance with Fbrida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal.
Rev. 11/08/16	2

Book5329/Page106	CFN#2018072141	Page 104 of 104