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08-8207
CITY OF ZEPHYRHILLS 5335-8TH STREET (813)780-0020 8207 BUILDING PERMIT SINGLE FAMILY RESIDENTIAL Permit#:8207 Issued: 9/05/2008 Address: 37539 DALIHA TERR LT 189 BLD 19 Permit Type: NEW SINGLE FAMILY DWELLING ZEPHYRHILLS, FL. Class of Work: 105-NEW CONST/MULTI 5+ UNIT Township: Range: Proposed Use: TOWNHOMES Lot(s): Block: Section: Sq. Feet: Est. Value: Book: Page: Cost: 132,240.00 Total Fees: 8,121.52 Subdivision: EILAND PARK TOWNHOMES Amount Paid: 8,121.52 Date Paid: 9/05/2008 Parcel Number: 03-26-21-0230-00000-1890 Name: LENNAR HOMES INC Name: LENNAR HOMES INC. Addr: 600 N WESTSHORE BLVD. STE 900 Address: 600 N. WESTSHORE BLVD TAMPA,FL. 33609 TAMPA, FL 33609 Phone: Lic: Phone: (813)769-5277 Work Desc: NEW TOWNHOME ST. CROIX 1392 SQ FT LT#189 BLDG 19 PIIIi BUILDING FEE 650.58 ELECTRICAL FEE 130.28 PLUMBING FEE 86.85 MECHANICAL FEE 60.79 RADON 13.92 SEWER CONNECTION RESIDENT 2,010.00 WATER CONNECTION RESIDENT 641.00 WATER METER RES 3/4" 220.00 FIRE PLAN REVIEW FEES 93.28 FIRE INSPECTION FEES 13.50 POLICE IMPACT FEE 254.00 FIRE IMPACT FEE 273.00 PUBLIC SAFETY 5% 26.35 PARK FEES SF 769.56 SCHOOL IMPACT FEE-sfr/100% 1,740.00 SCHOOL IMPACT FEE-sfr/1% 17.40 TRAFFIC IMPACT FEE 99% 1,109.80 TRAFFIC IMPACT FEE 1% 11.21 FOOTER 2ND ROUGH PLUMB MISC INSULATION CEILING FOOTER BOND DUCTS INSULATED SEWER MISC. ROUGH ELECTRIC LINTEL MISC MISC. 1ST ROUGH PLUMB PRE-METER INSULATION WALL MISC. DUCTS INSTALLED WATER MISC DRIVEWAY PRE-SLAB SHEATHING MISC. MISC. CONSTRUCTION POLE FRAME MISC. MISC. REINSPECTION FEES: Reinspection fees will comply with Florida Statute 553.80(2)(c)when extra inspection trips are necessary due to any one of the following reasons: a) wrong address b) condemned work resulting from faulty construction c) repairs or corrections not made when inspections called d)work not ready for inspection when called e) permit not posted on job site f) plans not at job site g)work not accessible. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management, state agencies or federal agencies. e payment of inspection fees shall be made before any further permits will be issued to the person owning same "Warning to owner: Your failu to record a notice of commencement may result in your paying twice for improvements to your pro f you intend to obtain financing,consult with your lender or an attorney before recording your not" mencement." CONTRACTORS ATURE PERMIT OFFI PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTIO CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED PROTECT CARD FROM WEATHER DfW t PASCO COUNTY, FLORIDA Permit No, 6207 Date Permitted Builder Name/Owner Name Control# County Parcel No. & 2JD Z/-'dZ /&OOO—l g9b SubDiv: Address/Location 3'1L53 q Y I j�4 ter # Lai /� Classification/Type of Use I `P TRANSPORTATION IMPACT FEE Rate: I5. Sq Ft Unit: f /39z Exempt ❑ Yes ❑ No How Determined Impact Fee Amount $ y /2/,D I Zone No. TAZ: SCHOOL IMPACT FEE Account (056) Single-Family Detached House Amount $ / 757. y.d (057) Mobile Home (058) Other Residential 123) Collection Fee Exempt n Yes ❑ No How Determined PARKS AND RECREATION FEE Land Account Land Credit Land Total Recreation Account Recreation Credit Recreation Total Zone TOTAL AMOUNT $ 7 b'1• '.s-6 Exempt ❑ Yes ❑ No How Determined LIBRARY FEE Land Account Land Credit Land Total Facility Account Facility Credit Facility Total Exempt ❑ Yes ❑ No How Determined Total Amount RESOURCE FEE ERU TOTAL AMOUNT f—, Prepared By Checked By NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED OR FINAL INSPECTION PERFORMED UNTIL THE TOTAL AMOUNTS LISTED HAVE BEEN PAID AND RECEIPTED FOR BY A CENTRAL PERMITTING OFFICE OF PASCO COUNTY Acknowledgement below does not Imply acceptance of concurrence,but simply receipt of a copy of this form,placing the building permit owner on notice of this assessment and the conditions of payment for same. DATE RECEIVED BY RECEIPT NO. DATE BY 8onw�c. PERFORMANCE BUSINESS PRODUCTS,INC.813-719-8008 FAX 813.719-7919 CITY OF ZEPHYRHILLS ZEPHYRHILLS, FLORIDA WATER ACCT. NO. DATE ! `w OWNER/ RENTER LJVCL - MAILING 1D /'1 t)J VT?d 1 a-►�p� 4 33( 0 SERVICE ADDRESS ' 7 5 J 19 i� SHUT OFF SERVICE ❑ ,WATER ❑ SEWER . ! TURN ON SERVICE ❑ GARBAGE INSTALL METER Q/ IN CITY READ METER ❑ ❑ OUT CITY CHECK METER ❑ No.OF UNITS OTHER O DEPOSIT AMOUNT p1Jv- AMOUNT LAST BILL 0ZO7 DATE /I'll U MISC.CHARGE METER: full irrigation WORK COMPLETED BY ORDER TAKEN BY &DATE COMPLETED l O GI N BY Retain white form in office at all times. Send pink&yellow forms to Water Service Dept. Water Service Dept.to sign yellow form&return to office. 37539 DALIHA TERR LT#189 BLDG 19 ST.CROIX LENNAR HOMES PRMT#8207 SQ.FEET PRICE MAIN OR LIVING: 1,392 $ 95.00 OTHER AREA UNDER ROOF: - $ 94.00 OTHER: - $ - VALUATION $ 132,240.00 FEE SHEET $ 579.00 ADDRESS $ 30.00 DRIVEWAY $ 30.00 BUILDING: $ 650.58 ELECTRICAL: $ 130.28 PLUMBING: $ 86.85 MECHANICAL: $ 60.80 SUB-TOTAL $ 928.50 RADON: $ 13.92 TOTAL $ 942.42 SEWER: $ 2,010.00 WATER: $ 641.00 IRRIGATION: $ - TOTAL: $ 2,651.00 WATER METER: $ 220.00 3/4 METER IRRIGATION METER $ - FIRE DEPARTMENT FEES PLANS TOTAL: $ 93.28 INSPECTION TOTAL: $ 13.50 PERMIT TOTAL TOTAL: $ 106.78 PUBLIC SAFETY IMPACT FEES POLICE $ 254.00 FIRE $ 273.00 5% $ 26.35 TOTAL: $ 553.35 SUB-TOTAL $ 4,473.55 PARK IMPACT FEES $ 769.56 SIPS: $ 1,740.00 100.0% $ 1,740.00 25%-Tif cost$280.26 and pay 75%at time of pre-meter$3,367.71 1.0% $ 17.40 Permit cost if paying 25%of of fees-$4,753.81 TOTAL: $ 1,757.40 T I F'S: $ 1,121.01 Minus Credit-check on balance 99% $ 1,109.80 Minus Credit-check on balance 1% $ 11.21 Minus Credit-check on balance TOTAL: $ 8,121.52I 8,121.52 FORM 600A-20048 EnergyGauge®4,5;x: . FLORIDA ENERGY EFFICIENCY- CODE FOR BUILDING CONSTRUCTION Florida Department of Community Affairs Residential Whole Building Performance Method A Project Name; LHI37'ISC-.ST.CROIX-1371 S .LIVING AREA Builder- LENNAR HOMES Address: Permitting Office: : ZeP rki It City,State: Permit Number: Y3 Zo-7 Owner: Jurisdiction Number, Climate Zone: Central 1. New eonsbnction or ec►sting New 12. Cooling.systenis 2. Single family or multi-family Multi-family a. Contra]Unit Cap:28.2 kBtu/hr _ 3. Number of units,if multi=family 4 SEEP-14.00 4. Number of Bedrooms 3 — b.N/A 5. Is this a worst case? Yes 6. Conditioned floor area(ft') 1371 it' _ c.N/A —' 7. Glass type 1 and area:(Label regd.by 13-104.4.5 if not default) _ e. U-fbotor- Description Area 13. Heating systems (or Single or Double DEFAULT) 7a(Sngle Default)185.0 ft' — a. Electric Heat Pump Cap:28.2 kBtu/hr b.SHGC: p HSPF:8.20 (or Clear or Tint DEFAULT) 7b. (Clear)185.0 ft' b.N/A 8. Floor types a. Slab-On-Grade Edge Insulation R-0,0, 107.0(p)ft " c.N/A b N/A a N/A _ 14. Hot water systems 9. Wall types a. Electric Resistance Cap:40.0 gallons a. Concrete,hit Instil,Exterior R'4.1,735.0 ft' EF:0.92 b.N/A b.N/A -• o. N/A �.. . d.N/A c. Conservation credits e. N/A — � — (HR-Heat rucovcry,Solar 10. Coiling types I DHP-Dedicated heat pump) a.Under Attic R=30.0,691.0 ft' 15. HVAC credits b.N/A (CF-Ceiling fan,CV-Cross ventilation, c. N/A _ HF-Whole house fan, 11- Ducts FT-Program nable Thermostat, a. Sup:Unc. Rat Cart. AH(Sealed):Intcrior Sup.R'6.0.150.0 ft MZ-C-Muflzone cooling, b.WA MZ-H-Multizonc heating) Total'as-built points: 17182 Glass/Floor Area: 013 PAS Total base poi'n'ts: 17803 I hereby certify that the plans and specifications covered by ` Review of the plans andthis calculation are in compliance with Florida Energy I specifications covered by this p4't>4gs7� Code_ .-..��. calcination indicates compliance- ' �•? PREPARED BY: with thb Florida.Energy Code. DATE: S-� 4;C► Z40 8 ! Bef6re construction is completed ! this building will be inspectied for c� I hereby certify that this building,as des fiance compliance with Section 553.908 with the Florida Energy Code. Florida Statutes. cobs OWNER/AGENT: BUILDING OFFICIAL DATE: I DATE., I Predominant glass type.For actu eas,see Summer&Winter Glass output on pages 2&4. EnergyGauge®(Version:FLRCS13 v4.5.2) • FORM 600A-2004R EnergyGauge®4,.5;'a. FLORIDA ENERGY EFFICIENCY- CODE FOR BUILDING CONSTRUCTION Florida Department of Community Affairs Residential Whole Building Performance Method A Project Name: L.H1371SC-ST.CROIX-1371 S.F.LIVING AREA Builder. LENNAR HOMES Address: Permitting Office: City, State: • Permit Number: Owner: Jurisdiction Number: LClimate Zone: Central 1. New construction or existing New — 12. Cooling"systems 2. Single family or multi-family Multi-family — a. Central Unit Cap;28.2 kBtu/hr 3. Number of units,if multi-family 4 SEER 14,00 4. Number of Bedrooms 3 _ b.N/A 5. Is this a worst case? yos 6. Conditioned floor area(fi') 137I 11' c.N/A — ?. Glass type'and area:(Label regd.by 13-104.4.5 itnot default) — a. U-factor: Description Area 13. heating systems (or Single or Double DEFAULT) 7a(Sngle Default)185.0 f0 — a. Electric Heat Pump Cap:28.2 kBtu/hr b.SHGC: HSPF:8.20 (or Clear or Tint DEFAULT) 7b. (Clear)185.0 f[' — b.N/A 8. Floor types — a. Slab-On-Grade Edge Insulation R=0.0,107.0(p)ft c.N/A r" b.N/A " ` -�- c. N/A _ 14. Hot water systems 9. Wall types a. Electric Rrsistance Gap 40.0 gallons a. Concrete,Int maul,Exterior R=4.I,735.0 R Pt':0.92 b.N/A b.N/A • e.N/A d.N/A — c. Conservation credits e. N/A — IC. Ceiling types — (HR-Heat rccovcry,Solar _ I D11P-Dedicated heat pump) a. Under Attic R=30.0,691.0 ft' 15, HVAC credits b.N/A (CF-Ceiling fan,CV-Cross ventilation. c. N/A _ HP-Whole house fan, 11. Ducts PT-Programmable Thermostat, a. Sup:Unc, Ret;Con. AH(Sealed);Interior Sup.R'6.0.150.0 ft MZ-C-Multizone cooling, b.N/A MZ-H Multizono heating) Glass/Floor Area: 0.13 Total as-built points: 17182 _ -.____.-_.— Total base points: 17603 PASS I hereby certify that the plans and specifications covered by ! Review of the plans end ^y� this calculation are in compliance with Florida Energy specifications covered by this G4'i�s> Code. calculation indicates compliance ' $ �•P PREPARED BY: with the Florida Energy Code. DATE: �� So TAM a Before construction is cornpieted this building will be inspected for I hereby certify that this building,as desi& a compliance compliance with Section 553.908 with the Florida Energy Code. Florida Statutes. iNB OWNER/AGENT: BUILDING OFFICIAL: DATE; 1 Predominant lass --------•--.-- 9 type.Fors al g ass a and areas,see Summer&Winter Glass output on pages 2dt. EnergyGauge®(Version:ELRCSB v4.5.2) FORM 604/ -2004R EnergyGauge®45.2• SUMMER CALCULATIONS • Residential Whole Building Performance Method A - Details ADDRESS: , ,, PERMIT#: BASE AS-BUILT GLASS TYPES .18 X Conditioned X BSPM = Points Overhang Floor Area Type/SC Ornt Len Hgt Area X SPM X SOF= Point . ' 18 1371.0 24.35 6009.0 1.Single,Clear SE 1,3 6.0 48.0 61.07 0.92 2681,Q 2.Single,Clear 5E 1.3 15.0 64.0 61.07 1.00 3906: 3.Single,Clear SW 1.3 15.0 32,0 56.99 1.00 119 ' 4.Single,Clear SW 1.3 17.0 9.0 66,99 1,00 511,0 5.Single,Clear SW 1.3 9.0 32.0 58.99 0.98 1793.0 As-Built Total: 185.0 1O7a8 WALL TYPES Area X BSPM = Points Type w R-Value Area XSPM = Points••, Adjacent 0.0 0.00 0.0 1.concrete,int Insul,Exterior 4.1 735.0 1,16 867.3 Exterior 735.0 1.90 1396.5 Base Total; 735.0 1396.5 As-Built Total: 738.0. •067 DOOR TYPES Area X BSPM = Points Type Area X SPM = Adjacent 0.0 0.00 0.0 1.Exterlor Insulated 20.0 4.80 '96. Exterior 20,0 4.60 96.0 Base Total: 20.0 96.0 As-Built Total: 20.0 CEILING TYPES Area X BSPM = Points Type R-Value Area X SPM X SCM= Poitih';, Under Attic 691.0 2,13 1471.8 1.Under Attic 30.0 691.0 2.13 X 1.00 1471.0 Base Total: 691.0 1471.8 As-Built Total: 681.0. 1471 ; t FLOOR TYPES Area X BSPM = Points Type Yp R-Value Area X SPM Points, Slab 107.0(p) -31.5 -3402.8 1.Slab-On-Grade Ed ge Insula8on 0.0 107,0(p -31.90 .34133 Raised 0,0 0.00 0.0 Base Total: -3402.6 As-Bulk Total: 107.0 -341&3 INFILTRATION Area X BSPM = Points Area X SPM = Points 1371.0 14.31 19819.0 171Q 14,31 19619.0 EnergyGauge®DCA Form 600A-2004R EnergyGaugeVRIaRES'2004R FLRCSB v4,5.2 • FORM 600A-2004R EnergyGauge®452 SUMMER CALCULATIONS Residential Whole Building Performance Method A - Details ADDRESS: ,,, PERMIT#: J . BASE AS-BUILT Summer Base Points: 25189.7 Summer As-Built Points: 29360.8 Total Summer X System = Cooling Total X Cap X Duct X System X Credit = Cooling Points Multiplier Points Component Ratio . Multiplier Multiplier Multiplier Points (System - Points) (DM x DSM x AHU) (ay;1:Central Unit 2B200btuh.SEERIEFF(14.0)Ducts;U no(s),Con(R),1nt( H),Re.o(INS) 29361 1.00 (1.08 X 1.150 X 0,85) 0,244 1.000 7587.2 25189.7 0.3250 8186.7 29360.8 1.00 1.061 0.244 1.000 7587.2 EnergyGauge DCA Form 600A-2004R EnorgyGauge®KFtaRES'2004R FLRCSB v4.5.2 t-UKM tiUUA-"LUU4K EnergyGaugeV 4.5.2 WINTER CALCULATIONS" Residential Whole Building Performance Method A - Details ADDRESS: ,, , PERMIT#: BASE AS-BUILT GLASS TYPES .18 X Conditioned X BWPM Points Overhang Floor Area Type/SC Omt Len Hgt Area X WPM X WOF Poin ; 18 1371.0 9.11 2246.0 1.Single,Clear SE 1.3 6.0 48.0 10.59. 1.04 526.0 2.Single,Clear SE 1.3 15.0 64.0 10.59 1.01 682,0 , 3.Single,Clear SW 1.3 15.0 32.0 11.59 1.00 371.0 4.Slngle.Clear SW 1.3 17.0 9.0 11.59 1.00 104.0 5.Single,Clear SW 1.3 9.0 32.0 11.58 1.01 372.0 ' As-Built Total: 185.0 20¢1»6 # WALL TYPES Area X BWPM = Points Type R-Value Area X WPM = Points• . Adjacent 0.0 0,00 0.0 1.Concrete,Int Insul,Exterior 4.1 735.0 3.31 2429.2 Exterior 735.0 2.00 1470.0 Base Total: 735.0 1470.0 As-Built Total: 735.0 2429.2 ' DOOR TYPES Area X BWPM = Points Type Area X WPM = Points, +. Adjacent 0.0 0.00 0.0 1,Exterior Insulated 20.0 5.10 102. • Exterior 20.0 5.10 102.0 Base Total: 20.0 102.0 As-Built Total' 20,0 102.0 CEILING TYPES Area X BWPM = Points Type R-Value Area X WPM X WCM= Point*: Under Attic 691.0 0.64 442.2 1,Under Attic 30.0 591.0 0.64 X 1.00 442.2 Base Total: 891.0 442.2 As-Built Total: b91.0 FLOOR TYPES Area X BWPM = Points Type R-Value Area X WPM = Points. Slab 107.0(p) -1.9 -203.3 1.Siab-pn-Qrsde Edge Insulation 0.0 107.0(p 2,50 26 - Raised 0.0 0.00 0.0 Base Total• -203.3 As-Built Total: 107.0 267t.5" INFILTRATION Area X BWPM = Points Area X WPM = Poirifs, 1371.0 -0.28 -383.9 137_l,9 . -0.28 Energyoeuge®DCA Form 600A-2004R En@rgyGauge0NF1aRES'2004R FLRCSB v4.5.2 ' rurcNl nuuK- uu4K EnergyGauge®4.5.2 WINTER CALCULATIONS Residential Whole Building Performance Method A - Details ADDRESS: ,, , PERMIT#: BASE AS-BUILT Winter Base Points: 3675.1 Winter As-Built Points: 4914.1171 Total Winter X System = Heating Total X Cap X Duct X System X Credit = Heating Points Multiplier Points Component Ratio Multiplier Multiplier Multiplier Points (System - Points) (DM x DSM x AHU) (sys 1:Electric Heat Pump 28200 btuh,EFF(8.2)Ducts:Unc(S),Con(R),Int(AH),Re.0 4914.0 t000 (1 x o ,000 2214.6 3675.1 0.5540 2036.0 4914.0 1.00 1.083 0.416 11000 22146' E,argyGougeTM DCA Form BOGA-2004R EnorgyGauge®JFIaRES'2004R FLRCSB v4.5.2 • FORM 600A-2004R EnergyGauge®4.52 WATER HEATING & CODE COMPLIANCE STATUS ' Residential Whole Building Performance Method A - Details �RES&, ,,, PERMIT#: BASE AS-BUILT WATER HEATING Number of X Multiplier = Total Tank EF Number of X Tank X Multiplier X Credit = Total " Bedrooms Volume Bedrooms Ratio Multiplier 3 2460.00 7380.0 40.0 0.92 3 1.00 2460.00 1.00 73.80.0, • As•Bullt Total. 7380.f1 CODE COMPLIANCE STATUS BASE AS-BUILT Cooling + Heating + Hot Water - Total Cooling + Heating ' Hot Water = Total Points Points Points Points Points Points Points Points 8187 2036 7380 17603 7587 2215 7380 17182 LPASS r o COb I EnergyGaugem DCA ForM 60GA-20048 EnergyGauge®1FIaRl:S'2004R FLRCSB v4.5.2 ' I ORM 600A-2004R EnergyGauge®4.5.2 Code Compliance Checklist Residential Whole Building Performance Method A - •Details ADDRESS: ,, , PERMIT#: 6A-21 INFILTRATION REDUCTION COMPLIANCE CHECKLIST COMDONENTS .......SECTION REQUIREMENTS FOR EACH PRACTICE OHECK E qt Windows&Doors 806.1.ABC11 Maximum:,3 dm/sq.ft.wlndowj 1. soft door area. - . Exterior&Adjacent Walls 1608.1.ABC.1.2.1 Caulk,gasket,weatherstrip or seat between:windows/doors&frames,surrounding wall; -•+� foundation&wall sole or SiIi plate;joints between exterior Wall panels at comers;utility penetrations;between wall panels&top/bottom plates;between walls and floor, EXCEPTION:Frame walls where a continuous Infiltration barrier is Installed that extends _..... .... from, is scCd to,the foundation to the top plate. Floors 606.1.ABC.1.2.2 Penetral onslopenings>1/6"sealed unless backed by truss or joint members, EXCEPTION:Frame floors where a continuous Infiltration barrier is installed that Is sealed - _• to the perimeter,penetrations and seams. Ceilings 606.1.A[3C.1.2,3 Between walls&ceilings;penetrations of ceiling plane of top floor,around shafts,chases, soffits,chimneys,cabinets sealed to continuous air barrier,gaps in gyp board&top plate; attic access.EXCEPTION:Frame ceilings where a continuous infiltration barrier Is — _.._.__ _.. installed thatls_seated at the perimeter,at oenebatlons and seams _ Recessed Lighting Fixtures 606.1.ABC.1.2.4 Type IC rated with no penetrations,sealed;or Type IC or non-IC rated,Installed Inside a -- sealed box with 112"clearance&3"from insulation;or Type IC rated with<2.0 cfm from -----_t--,_ ,.- ., Conditioned space,tested. ---- • ...-. MuMi-st0 Nooses _ _ 606.1.A6C. .2 Air ba ler on perimeter of floor cater between floors, - Additional Infiltration regts 606.1.ABC.1.3 Exhaust fans vented to outdoors.dampers:combustion space heaters comply with NFPA, t " have oombustion air. 6A-22 OTHER PRESCRIPTIVE MEASURES(must be met or exceeded by all residences.) COMPONENTS SECTION RFQU)REMENT$ _ Water Heaters 612,1 Comply with efficiency requirements In Table 612.1 ABC.3.2.Switch or clearly marked cir -t __— breaker cleaner cutoff Jgas)must beprovided.External or built-in heat trap required. Swimming Pools&Spas 612,1 Spas&heated pools must have covers(except solar heated).Non-commercial pools "` must have a pump timer.Gas spa&pool heaters must have a minimum thermal _...... ..._. efficiency of 7j3. _ Shower heads 61 Z_.1_ ___ _ Water flow must bq restricted to no more than 2.5 gallons per minute at 130 PSIG. Air Distribution Systems 610.1 All ducts,fittings,mechanical equlpment and plenum chambers shall be mechanically attached,sealed,Insulated,and Installed in accordance with the criteria of Section 610. —. . _ Ducts in uncondIoflç,d,attJca:R•8 min.insulation. _ HVA Cfltjq)s 6071 —- - — -- - --..._ .....,. _ t really accessible manual or automatic thermostat for each system Insulation 604.1,602.1 Ceilings-Min.R-19.Common walls-Frarp R-1 I or CBS R-3 both Sides. _ Common calling&floors R-11, ;• EnergyGauge' DCA Form 600A-2004R EnergyGauge&FIaRES'2004R FLRCSB v4.$.2 ENERGY PERFORMANCE LEVEL (EPL) DISPLAY CARD ESTIMATED ENERGY PERFORMANCE SCORE*=86.3 The higher the score,the more efficient the home. 1. Now construction or existing New 12. Cooling systems 2. Single family or multifamily Multi-family — a. Central Unit Cap:28.21:Dtu/hr 3. Number of units,if mufti-Family 4 SEER:14.00 4. Number of Bedrooms 3 — b.N/A 5. Is this a worst case? yes 6. Conditioned floor area(ft2) 1371 W — c. N/A 7, Glass type]and area:(Label rcqd.by 13.104.4.5 If not default) a. U-factor: Description Area 13. Healingsystems (or Single or Double DEFAULT') 7a(Sngle pcfauit)185.0 ft2 . a. Electric Heat Pump Cap:28.2 kgtu/hr b.SHGC: HSPF:8.20 (or Clear or Tint DEFAULT) 7b. (Cloar)185.0 ft2 — b.N/A 8. Floor types a. Slab-On-Grade Edge Insulation R' 0.0,107.0(p)ft — c.N/A b.N/A c. N/A — 14, Hot water systems 9. Wall typos a. Electric Rcistanco Cap:40.0 gallons -• a. Concrete,let lnsul,Exterior R4.1.735.0 t12 — EF,0.92 b.N/A b.N/A — ti d.N/A a.Conswvatitn credits ^' e N/A (IIR-Heat recovery,Solar 10. Ceiling types DHP-Dedicated heat pump) a. Under Attic R'-30.0,691.0 ft' 15. HVAC cmdils b.N/A — (C}-Ceiling fan,CV-Cross vcn'tilation, c.N/A _ HF-Whole house fan, 11. Ducts PT-Programmable Thermostat, a. Sup:Una Ret:Con. AEf(Seaicd):Intcrior Sup.A-6.0,150.0 ft _ M7.-C-Multizone cooling b.N/A MZ-1I-Multizooc heating) I certify that this home has complied with the Florida Energy Efficiency Code For Building Construction through the above ener which will be installed(or exceeded) in this home before final inspectio an w EPI,Display Card will be completed based on Installed Code comp] s. , Builder Signature: Date• Address of New Home: City/FL Zip: 4c �c oa *NOTE.The home's estimated energy performance score is only available through the FLARES compurer program. This is not a Building Energy Rating..(f your score is 80 or greater(or 86 for a US EPA/DOE EnergyStar'designation), your home may qualify for energy efficiency mortgage(EEM)Incentives tfyou obtain a Florida Energy Gauge Rating. Contact the Energy Gauge Hotline at 321/638-1492 or see the Energy Gauge web site at www.fsec.ucf edit for Infformation and a list of cerr fed Raters.For Information about Florida's Energy Efficiency Code For Building Construction, contact the Department ofComm unity Affairs at 8.50/487-1824. I Predominant glass type.For actual glass type and areas,see Summer&Winter glass wt on ea &4. EnergyGauge®(Version:t' CSIS v4.3.2) Load Short Form Job: ST.CROIX-1371 S.F.L... -4- wrlghtso Gate: 5/2012005 Entire House By: TRH SIMPSON MECHANICAL For: LENNAR HOMES fi • • e Htg CIg Infiltration Outside db(°F) 40 92 Method Simplified Inside db(°F) 70 75 Construction quality Average Design TD(°F) 30 17 Fireplaces 0 Daily range L Inside humidity(%) 60 50 Moisture difference(gr/lb) 26 52 HEATING EQUIPMENT COOLING EQUIPMENT Make Lennox Make Lennox Trade 14HPX Series Trade 14HPX Series Model 14HPX-030-230* - Cond 14HPX-030.230" Coil CBX26UH-030" Efficiency 8.2 HSPF Efficiency 14 EER Heating input Sensible cooling 22278 Rtuh Heating output 28200 Btuh @ 47"F Latent cooling 5922 Btuh Temperature rise 26 °F Total cooling 28200 Btuh Actual airflow 1000 cfm Actual air flow 1000 cfm • Air flow factor 0.048 cfmBtuh Air flow factor 0.04$ cfm/Btuh Static pressure 0.00 in H2O Static pressure 0.00 in H2O Space thermostat 2 STAGE HEA Load sensible heat ratio 0.84 • ROOM NAME Area Htg load Cig load Htg AVF Cl9 AVF (ft2) (Btuh) (Btuh) (cfm) (cfm) LIVING 342 4239 3320 203 152 -. DINING 163 5080 5612 243 257 KITCHEN 120 2396 2563 115 117 • POWDER 33 257 0 12 0 :STAIRS 42 655 0 31 0 HALL 61 67 99 3 5 B.R.#2 160 1853 2358 89 108 • BR.#3 160 3002 3770 144 173 MASTER B.R. 163 2544 3680 122 168 MASTER BATH 52 68 85 3 4 HALL BATH 44 49 72 MASTER CLOSET 33 707 279 34 13 90W/lfallv values have been manually ovavddden Printout certified by ACCA to meet ail requirements of Manual J 8th Ed. �`- wrug ht50ft RigM-suite Realdenllel e.0 107 RSR2Ba18 2008 May 20 00 49:18 Z:1T0mmy HVACLLH13713CJB,np Calc=MIS OfkdaUcn=NE Page I Entire House 1371 20907 21818 1000 1000 Other equip loads 1252 726 Equip. © 0.97 RSM 21958 Latent cooling 4181 TOTALS 1371 22159 26139 1000 1000 EOIBlllello Yalu haw been manually overridden Printout certified by ACCA to meet all requirements of Manual J 6th Ed. AMWr'aghtsc f Rt S 1phuite ReeldeMl*l 6.0.107 RSR28818 40 OOi91p Z•%Tommy HVAQ U41971 SCJB.rTP Ceb MJE Orlan atton..NE Pe 2. TOTAL P.11 City.of Zephyrhills BUILDING PLAN REVIEW COMIVIENTS. Contractor/Homeowner: = r Date Received: _ 3s3g l � t � r� (cç lq Site: permit Type: Denied w/the below comments: El Approved w/no comments:D Approved w/the below comments: This comment-sheet shall be kept with the permit andlor plans. JPk in Switzer ans Examiner to Contractor.and/or Homeowner (Required when comments are present) 813-78U-UULU UI ytIIIIIJ rolIInt nN�nvcau�i `2�� Building Department Date Received Phone Contact for Permitting 8 ��8 �S39 Owner's Name 4FNA/,4, //DAIS Owner Phone Number ( /3)-769 S27-7 Owner's Address IO 0 /t ZJFSrSOR,E 8Lfr `4A FL 33(,o`j Owner Phone Number Fee Simple Titleholder Name Owner Phone Number Fee Simple Titleholder Address 2 �R �f . Zpy,�h .S i FL 335 SAO LOT# g JOB ADDRESS ` 53� vl SUBDIVISION N �/4�./�. PARCEL ID# 3"�- 2/-03 O 000 - g9Q • (OBTAINED FROM PROPERTY TAX NOTICE) WORK PROPOSED NEW CONSTR ADD/ALT 0 SIGN 0 MOVE 0 DEMOLISH ® INSTALL REPAIR PROPOSED USE 0 SFR COMM OTHER TYPE OF CONSTRUCTION BLOCK FRAME STEEL OTHER - �I DESCRIPTION OF WORK /YEw �' GT/C01� BUILDING SIZE I SQ FOOTAGE r I / i HEIGHT Ta`STOW yr BUILDING E:1:3:l VALUATION OF TOTAL CONSTRUCTION ELECTRICAL $ i1 AMP SERVICE PROGRESS ENERGY a W .E.C. PLUMBING MECHANICAL [ ' VALUATION OF MECHANICAL INSTALLATION GAS ROOFING O SPECIALTY OTHER FINISHED FLOOR ELEVATIONS gD FLOOD ZONE AREA DYES NO BUILDER COMPANY I NN, /71O.✓/ S SIGNATURE REGISTERED Y/ N FEE CURRENT Y/N Address pO0,41 14 5Av7 7M 33C License# CMG/ a 5S'7≤1 ELECTRICIAN r COMPANY 'A7, An1 EGEc7 4_ 6/lloi9N , G[ C SIGNATURE REGISTERED Y/ N FEE CURRENT Y/N Address Iii p 1• D NDE12 Si Liq i 'fO rG X30 / License# EC /3 ooa S(o PLUMBER COMPANY ARr1h1, SC#' M44/ PL Wf€/AJ SIGNATURE REGISTERED Y/ N j FEE CURRENT Y/N ,/ A �L 3,3(,/3I C/:—C,9/ 72 Address /'/92 N S'� 71#Y,4 License# MECHANICAL COMPANY 84 otJ 7- p iM0/,j!>? f HTiwlr,Af/G SIGNATURE REGISTERED Y/ N FEE CURRENT I Y/N Address . p• 8O)C S . &1YOA/ ,.4JL--' ?Vl License# Iccs'8 o2 OTHER COMPANY C, Jrt,i_ J6-. 9[,r , Nlr ..:Z-vc. SIGNATURE ,/ REGISTERED Y/ N FEE CURRENT' Y/N J Address �..VJ 5#ORL L/N 8t-Vp �SP2iNG /LL f63y607 License# C 57 99 / RESIDENTIAL Attach(2)Plot Plans;(2)sets of Building Plans;(1)set of Energy Forms; R-O-W Permit for new construction, Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stormwater.Plans wl Silt Fence installed, Sanitary Facilities& 1 dumpster;Site Work Permit for subdivisions/large projects COMMERCIAL Attach(3)complete sets of Building Plans plus a Life Safety Page; (1)set of Energy Forms, R-O-W Permit for new construction. Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stormwater Plans wl Silt Fence Installed, Sanitary Facilities&1 dumpster. Site Work Permit for all new projects.All commercial requirements must meet compliance SIGN PERMIT Attach(2)sets of Engineered Plans. ""PROPERTY SURVEY required for all NEW construction. 1111111111111 11111111 11111111111 III 1111111 11111111111111111 11111111111 11111111 11111111 11111111 11111111 1111111 illilil iii iii II 111111111 iii) Directions: Fill out application completely. Owner&Contractor sign back of application,notarized If over$2500, a Notice of commencement is required. (A/C upgrades over$5000) Agent(for the contractor)or Power of Attorney(for the owner)would be someone with notarized letter from owner authorizing same OVER THE COUNTER PERMITTING (Front of Application Only) Reroofs • Sewers Service Upgrades A/C Fences(Plot/Survey/Footage) Driveways-Not over Counter If on public roadways..needs ROW NOTICE OF DEED.RESTRICTIONS: The undersigned understands that this permit may be subject to"deed" restrictions" which may be more restrictive than County regulations. The undersigned assumes responsibility for compliance with any applicable deed restrictions. UNLICENSED .CONTRACTORS AND CONTRACTOR RESPONSIBILITIES: If the owner has hired,a contractor or contractors to undertake work, they may be required to be licensed in accordance with state and local regulations. If the contractor Is not licensed as required by law, both the owner and contractor may be cited for a misdemeanor violation under state law. If the owner or Intended contractor are uncertain as to what licensing requirements may apply for the intended work, they,are advised to contact the Pasco County Building Inspection Division—Licensing Section at 727-847- 8009. Furthermore, if the owner has hired a contractor or contractors, he is advised to have the contractor(s) sign portions of the "contractor Block" of this application for which they will be responsible. If you, as the owner sign as the contractor, that may be an indication that he is not properly licensed and is not entitled to permitting privileges in Pasco County. TRANSPORTATION IMPACT/UTILITIES IMPACT AND RESOURCE RECOVERY FEES: The undersigned understands that Transportation 'Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings, change of use in existing buildings, or expansion of existing buildings, as specified in Pasco County Ordinance number 89-07 and 90-07, as amended. The undersigned also understands, that such fees,.as may be due, will be identified at the.time of permitting. It is further understood that Transportation Impact Fees and Resource Recovery Fees must be paid prior to receiving a "certificate of occupancy" or final power release. if the project does not involve a certificate of occupancy or final power release; the fees must be paid prior to permit issuance. Furthermore, if Pasco County Water/Sewer Impact fees are due, they must be paid prior to permit issuance in accordance with applicable Pasco County ordinances. CONSTRUCTION LIEN LAW (Chapter 713, Florida Statutes, as amended): If valuation of Work Is $2,500.00 or more, I certify that I, the applicant, have been provided with a copy of the "Florida Construction Lien Law—Homeowner's Protection Guide" prepared by the Florida Department of Agriculture and. Consumer Affairs. If the applicant is someone other than the "owner", I certify that I have obtained a copy of the above described document and promise in good faith to deliver it to the "owner" prior to commencement. i CONTRACTOR'S/OWNER'S AFFIDAVIT: I certify that all the information in this application is accurate and that all work will be done in compliance with ail applicable laws regulating construction, zoning and land development. Application is hereby made to obtain a permit to do work and installation as indicated. I certify that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet standards of all laws regulating construction, County and City codes, zoning regulations, and land development regulations in the jurisdiction. I also certify that I understand that the regulations of other government agencies may apply to the intended work, and that it is my responsibility to identify what actions I must take to be in compliance. Such agencies include but are not limited to: - Department of Environmental Protectibn-Cypress Bayheads, Wetland Areas and Environmentally Sensitive Lands, Water/Wastewater Treatment.. - Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas, Altering Watercourses. i - Army Corps of Engineers-Seawalls, Docks, Navigable Waterways. - Department of Health & Rehabilitative Services/Environmental Health Unit-Wells, Wastewater Treatment, Septic Tanks. - US Environmental Protection Agency-Asbestos abatement. Federal Aviation Authority-Runways. I understand that the following restrictions apply to the use of fill: Use of fill is not allowed in Flood Zone."V" unless expressly permitted. If the fill material is to be used in Flood Zone "A", it is understood that a drainage plan addressing a "compensating volume" will be submitted at time of permitting which is prepared by a professional engineer licensed by the State of Florida. If the fill material Is to be used in Flood Zone "A" in connection with a permitted building using stem wall construction, I certify that fill will be used only to fill the area within the stem wall. If fill material is to be used in any area, I certify that use,of such fill will not adversely affect adjacent properties. If use of fill is found to adversely affect adjacent properties, the owner may be cited for violating the conditions of the building permit issued under the attached permit application, for lots less than one (1) acre which are elevated by fill, an engineered drainage plan Is required. If I am the AGENT FOR THE OWNER, I promise in good faith to inform the owner of the permitting conditions set forth in this affidavit prior to commencing construction. I,understand that a separate permit may be required for electrical work, plumbing, signs, wells, pools, air conditioning, gas, or other installations not specifically included in the application. A permit issued shall be construed to be a license to proceed with the work and not as authority to,violate, cance4alter, or set aside any provisions of the technical codes, nor shall Issuance of a permit prevent the Building Official from"thereafter .requiring a correction of errors in plans, construction or violations of any codes. Every permit Issued shall become Invalby id unless the work authorized by such permit a is commenced period of six (6) mhin six months of onths after the time ethetworkance, or if work s commenced. Anhexte d Ion the permit is suspended or abandoned for p may be requested, in writing, from the Building ceases 0 or ninety(90) iircon ecutive days, the Job Isiod not to exceed nlpejy Ocons de ed ba doned.) days and will demonstrate justifiable cause for the extension. If work WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE INTEND O CE FOR IMPRO MENT MY R FANANC NG CLT 'ONSo N YOU LT PAYING TWI S TO YOUR PROPERTY. IF YOU WITH YOUR LENDER 0 Y BEFORE RECORDING YOUR N O E CEMENT. FLORIDA JURAT(F.S. 117. CONTRACTOR this OWNER OR AGENT e this Subscribed and sworn to a Subscribed and sworn to $Tp _by Who Is are personally knowo me or hasthave produced Who islare personally,known to me or has(have produced as Identification. as Identification. Notary Public Notary Public Commission No. D 10 2— Commission D1 3 N o Notary typed, printed or at Name o "" ELWA M.WLLERAN ,, �s rr Lt Q OLLERAN ,��".rykF :.: Commission DD 774023 +; ._ Commission DD 774023 4 Expires June 6,2012 = Expires June 6,2012_________________________°,R �` Balled TMu Troy Fain Imaance 80o-385.7019 � P,f,^a te �Onded Thu Troy Fein kwuanae 800.38f7019 STATE OF FLORIDA IIIIIIIilllllllllllllllllllllllllllllllillllilllllllllllllll COUNTY OF PASCO 2008129037 PHIS LS TO CE1 tIFY THAI THE FOREGOING IS A rT TRUE AND CORRECT COPY OF''HE 0 ,)CU ENT ON FILE Rcpt,: 1201266 Rec: 10.00 R Or RDRLIO RECORD IN THIS O�F ITNESS MY DS: 0.00 IT: 0.00 Nil OE ICtk SCAL PHIS DAY OF 09/04/08 Dpty Clerk M 0LE'K DE CIRCUIT COURT JED PITTMAN PASCO COUNTY CLERK O PUTY CLERK 09/04/08 1�:59am 1 of OR BK 7918 PG 894 NOTICE OF COMMENCEMENT Permit No. Property Identification No."03-_L-,2/- p.23©-Qp oo OT/890 THE UNDERSIGNED hereby give informs you that the improvement will be made to certain real property,and in accordance with Section 713.13 of the Florida Statutes,the following information a is provided in this NOTICE OF COMMENCEMENT. 1.Description of property(legal description.)4o T !/U I gi ac 4&1e- *e IWo,w, A (go A 4/O, a)Street Address: 37 53 9 DAc i H•7 7 / 2,General description of improvements: Jl NGL.E FAN r.. /t6s1,o e m c a /iboc../sca-rw Ei/cc. su,e� 3.Owner Information a)Name and address: LENN4/c .#OWT ,Z/e-,- 4i 00 N. 6.1Esrs#oRE $L✓D,T',g.w ,flu. 314 09 b)Name and address of fee simple titleholder(if other than owner) c)Interest in property 14Contractor Information a)Name and address: .STYE S' rN—. (POO N r estswo,at (3c yo.5'rE 600 17 y i,o mss' i 33,o9 b)Telephone No.: (S 13) 7(.9—$277 Fax No.(Opt.) 5.Surety Information a)Name and address: NSA b)Amount of Bond: N/A c)Telephone No.: Fax No, (Opt.) 6.Lender a)Name and address: /t//I Phone No. 7. Identity of person within the State of Florida designated by owner upon whom notices or other documents mayl be served: a)Name and'address:-PrEyESMi rf/— (c.17 N• J//o e &LD, Jre 600, T4M d' , F[ , oq b)Telephone No.: (B 13) 7(.9-3 2 7'Y Fax No. (Opt.) 8.In addition to himself,owner designates the following person to receive a copy of the Lienor's Notice.as provided in Section 713.13(1)(b),Florida Statutes: a)Name and address: /V 1f9 b)Telephone No.: Fax No.(Opt.) 9.Expiration date of Notice of Commencement(the expiration date is one year from the date of recording unless a:different date is specified): WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713,PART I,SECTION 71313, FLORIDA STATUTES,AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE`BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,CONSULT YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMM ENT. STATE OF FLORIDA \J\j1 COUNTY OF PASCO Signature of er's Authorized Officer/Director/Partner/Manager Mcyyec S'rE�gRit1S Print Name The foregoing instrument was acknowledged before me this day of _ _7 .' `/ ,20 4 4 ,byf /1/!:E ' .5,T E,qR N8 as ,til,4iv4G E -a (type of authority,e.g.officer,trustee,attorney in fact)for LENN Art C OftIdO,e/9•T/o.J (name of party on behalf of who strwnent was executed). Personally Known ✓ OR Produced Identification Notary Signature Type of Identification Produced. Name(print) s L./ $'$W /h <E,9'/ Verification pursuant to Section 92.525,Florida Statutes.Under penalties ofperjury,I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief. ELISSA M.HOLLERAN Sign Person.Signing Above 0RSfN0C,rva20o7 ' y. Commission DD 774023 Expires June 6,2012 T' ,R BaddTiuu Tray Frn Ysueioe B0o-386 70W Eiland Park Townhomes—Plan Review Comments Below comments/highlights noted on master plan for Eiland Park Building by the Building Official and Fire Marshall of the City of Zephyrhills. Building shall comply with the applicable codes of Florida Fire Prevention Handbook NFPA &the City of Zephyrhills. (Page 1) Call about Extinguisher Placement(Page 1) Inspection(s)required by Zephyrhills Fire Department(Page 1) -Fire Walls (screw/final) -Final Building shall comply with all applicable City of Zephyrhills Ordinance(Page 1) Finish floor elevation shall comply with engineered design and/or City of Zephyrhills Ordinance (Page 1) Building shall comply with all applicable building, electrical,plumbing and mechanical codes (Page 1) Egress Note—Highlighted: Each bedroom must have one window that complies with egress codes, if there is no access to exterior through a door. The window must have a maximum sill height of 44" above finish floor line of that particular room. (Sheet IA, 1B, 1 C) Alt. Fire Wall Detail at Common Wall—Highlighted: Be aware of the requirements for fire caulk; fire resistant OSB sheathing; GYP Panels, Separation wall in roof system. (Sheet S3) Stencil firewall in attic area,both sides in several areas. "Firewall-do not penetrate" (Sheet$6) Asterick Note: Apply Fire Caulk per UL (2000 Edition) General Note Circled. #10. Gypsum board joint treatment(Fire taping)unless otherwise specified in the specific design all gypsum board systems except those with predecorated or metal covered surfaces have joints taped and joints and fastener heads covered with one coat of joint compound(fire taped). Base layers in multi layer systems are not required to have joints or fastener heads taped or covered with joint compound. (Sheet $6) - A Plan review Comments 1&2 Family Dwelling 1. F.F.E. Shall be a minimum of 8" above the road elevation and a engineered site plan. 2. Lots shall be graded to comply with 401.3 of the F.B.C. 3. Drainage plan requirements shall be made before pre-slab inspection. Ordinance #974-07 section 6. 4. Compaction test required if 24" or more of fill dirt is brought in at any one place. 5. Driveways require a R.O.W. use permit. 6. All setbacks shall be met. 7. All property markers shall be uncovered and marked at time of first inspection. 8. All A.D.A. requirements shall be met. 9. No electric, plumbing, mechanical, or framing shall be covered without an inspection and approval first. 10. Return air in all bedrooms. F.B.C. M1620.4 11. Smoke detectors are to be installed in accordance with 313.1 of the F.B.C. 12. All glazing requirements are to be in accordance with 308.4 of the F.B.C. 13. All means of egress are to be in accordance with 311 of the F.B.C. 14. Combination-type AFCI breakers are required at all locations requiring a AFCI type breaker 15. Carbon monoxide alarms will be required in new construction that uses fossil-burning heating or appliances or an attached garage. They shall be installed in accordance with the F.B.C. 16. All plumbing, mechanical, and electrical shall be separate from unit to unit. This includes all underground plumbing and electric. F.F.E.-Finished Floor Elevation F.B.C- Florida Building Code R.O.W.-Right Of Way / - A.D.A.-Americans with Disabilities Act REVIEW DAT . 11J CITY OF Z'EPIIYR I, W LDINC OFFICIO ZEPHYRHILLS FIRE DEPARTMENT 6907 Dairy Road, Zephyrhills, FL 33542 Fire Chief Keith Williams Bus (813)780-0041 Fax (813)780-0044 FIRE SERVICE USER FEES Occupancy No.: ,� Plan No.: Contractor. Business Name: Billing Address: IoO Business Address: Business Phone No.: V Billing Phone No.: 1g'/ 91r_ 2 `5 Business Fax No.: Billing Fax No.: Contact: Contact: PLAN REVIEW FEES INSPECTION FEES PERMIT FEE FALSE ALARM FEE Site Plan N/C Annual N/C Sprinkler $50 1st Alarm N/C Multi-Famiy/Commercial 06 sf 1st Re-inspection N/C Standpipes $50 2nd Alarm N/C 3rd Alarm N/C (Minimum Charge$25.00 2nd Re-inspection $100 Fire Pump $50 4th Alarm N/C fl Plan Revisions DBL 3rd Re-inspection $250 Hoods $50 $100 4th Re-Inspection $500 Fire Alarm $50 5th Alarm $150 SPRINKLER SYSTEMS (Business closed until LP Gas $50 6th Alarm $200 8 0-25 Heads $50 violations corrected) Natural Gas $50 NON COMPLIANCE $150 26 plus Heads $100 SPRINKLER SYSTEMS Fuel Tanks- perank $50 STANDPIPE SYSTEM Hydro Undergrounds $45 Sparklers $100 flPer Riser $50 Hydrostatic Test $65 per system Fire Works $500 FIRE PUMP Acceptance Test $45 per system Camp Fire $25 0 Per Pump $100 Hydrant Flow $75 Controlled Bum $100 FIRE ALARM SYSTEM Hood/Duct $50 8 0-25 Devices $50 FIRE ALARM SYSTEM Place of Assembly $50 Annual 26 plus Devices $100 System Acceptance $50 Fire Protection $25 SUPPRESSION SYSTEMS Recall Acceptance $50 Flammable Application $50 Annual Wet $50 OTHER Waste Tire Storage $50 Annual Dry $50 Fire Wall/Smoke Wall 5I n Generator<KW $100 CO2 $50 LP Gas perank Generator>30 KW 150 Other $50 Natural Gas $25 per system Bio-Hazard Waste $100 Annual KITCHEN EXHAUST Fumigation Tenting $50 Hood/Ducts $50 Tent 10'x10'or greater $15 per tent Torch Pot/Applied $50 OTHER Fire Pump $45 Haz.Materials $100 Annual 8 LP Installation per tank $50 Fire Suppression $30 Fuel Tank Installation $50 System Acceptance (Per Tank) $50 Exhaust Hood/Duct $30 Natural Gas Installation $50 Re-inspection DBL (Per System) (other than annual) Spray Booth $50 Inspection scheduled DBL and cancelled less than 24 hours Construction Insp. N/C Emergency Vehicle A0 $50 FALSE ALARM PLANS TOT�11i INSPECTION TOTAL r /5s' PERMIT TOTAL TOTAL GRAND TOTAL Comments: Date: O ©� lnscctor:irk A4f'' 5 -' Zephyrhills Fire Rescue 6907 Dairy Road,Zephyrhills,FL 33542 Fire Marshal Bus(813)780-0041 Kerry Barnett Fax(813)780-0044 Plan Review#: 08-091 Project: Eiland Park Townhomes-Bldg 19 August 6, 2008 I have reviewed and approved the plans for a construction of a 2-story townhome unit located at Daliha Terrace. I have attached the comments for the plan approval. If there are any questions please contact my office at 813-780-0041. 1 Building construction shall be in compliance with the Florida Fire Prevention Code and all other applicable NFPA codes,latest editions. 2. Address on front units shall be 6"in height. 3. Smoke detectors shall be hard wire with battery backup and tied together in each unit. 4. Ensure bum clips are installed every 4' vertically(per manufacture specs), tying the wall together. 5. Firewall shall be stenciled/labeled"FIREWALL—DO NOT PENETRATE" or similar wording indicating a firewall is present. Inspections Required 1. Firewall (includes decking on each side of wall and wall itself) 2. Building Final .................. FEE SHE ET COMM RES Square Feet: lTt— Rate Computed At: Valuation: Use System Calc for Fees) ' z Radon: (7 ► ' Connection Fees: Sewer: _� Water: lo`� 1 `� Water Meter: Size 6/11/07 3/" 220.00 All Residentials 1" 320.00 1 .5" 725.00 2" 990.00 3" &.4" Contact Louie for Quote Irrigation Connection: 266.00 Plus Meter Charge Above Based on size �' �''� - I� 1371 (�►40n - Impact Fees: School: 1 ti ,` Transportation: j Park: ___ ' b Public Safety: 3.3s l' I �` '= S 1 t ................... .................. ............. .. PrnLc NIl c -- .............. FEE SHEET COMM RES '✓ � 5 Square Feet: Rate Computed At: Valuation: 157 (Use System Calc for Fees) Radon: Connection Fees: Z Sewer: I `f Water: a L Water Meter: Size 6/11/07 -- 3/" 220.00 All Residentials 1" 320.00 1 .5" 725.00 2" 990.00 3" & 4" Contact Louie for Quote Irrigation Connection: 266.00 Plus Meter Charge Above , ► - 11 ,`�Q Based on size �t Impact Fees: School: Transportation: Park: 7 "I �' �' Public Safety: 55?. t `' - 5 l I`L ................. .............. S' 3r ................ ur FEE SHEET COMM RES rs - ) & S ii tc- .( 92iL 1&se l 'ls Square Feet: Rate Computed At: Valuation: I (Use System Calc for Fees) Radon: Connection Fees: L IJ Sewer: 2f)1. Water: lM l LdG Water Meter: Size 6/11/07 3/" 220.00 All Residentials 1" 320.00 1 .5" 725.00 2" 990.00 3" &.4" Contact Louie for Quote Irrigation Connection: 266.00 Pius Meter Charge Above Based on size fl Impact Fees: School: 57 .`" ` T a portation: ✓j r Park: Public Safety: 533F� C"' �z September 17, 2008 Mr. Burges 5335 8 Street Via Certified Mail Zephyrhills, Florida 33542 Re: Eiland Park Townhomes Easement Dear Mr. Burges: As per our conversation I have provided you with a majority copy of the HOA Docs from Eiland Park Townhomes. Under section 10.3.5 you will see the specific language which allows for an easement under each unit as necessary. I trust this resolves the concern as such. Should you have any additional questions or concerns, please do not hesitate to contact me at 813-781-2593. Sincerely Steve Smith Director of Construction Lennar Corporation 600 N.Westshore Boulevard, Suite 900 Tampa, FL 33609 • Phone:813-882-4663 • Fax:813-884-2082 l f LENNAR.COM IIIIL1►II►IL III INII►�Il►III I L (I►II►II II►�►I�►��► 2006250994 Rcpt: 1058802 Rec: 27.00 DS:PREPARED BY AND RETURN TO: 12/200//0.00 IT: 0.00 1206 Dpty Clerk Christian F.O'Ryan, Esq. Pennington, Moore,Wilkinson,Bell&Dunbar,PA 2701 N.Rocky Point Drive,Suite 900 12D2PI06t 0$ r. S�c0 1 0UNT f CLERK Tampa,Florida 33607 7130 1117 PG 1344 OR BK --------------SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA---------------------------------------------- FIRST AMENDMENT TO DECLARATION FOR EILAND PARK THIS FIRST AMENDMENT TO DECLARATION FOR EILAND PARK (this "First Amendment") is made by LENNAR HOMES, INC., a Florida corporation ("Lennar") and joined by EILAND PARK TOWNHOMES ASSOCIATION, INC., a Florida corporation not for profit (the "Association"). RECITALS A. That certain Declaration for Eiland Park was recorded in Official Records Book 6843, at Page 1509 of the Public Records of Pasco County, Florida (the "Declaration"). B. Section 4.2 of the Declaration provides that, prior to the Turnover Date, Lennar, as Developer, shall have the right to amend the Declaration as it deems appropriate, without the joinder or consent of any person or entity whatsoever. C. The Turnover Date has not yet occurred. NOW THEREFORE, Lennar hereby declares that every portion of Eiland Park is to be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth. 1. Recitals. The foregoing Recitals are true and correct and are incorporated into and form a part of this First Amendment. 2. Conflicts. In the event that there is a conflict between this First Amendment and the Declaration, this First Amendment shall control. Whenever possible, this First Amendment and the Declaration shall be construed as a single document. Except as modified hereby, the Declaration shall remain in full force and effect. 3. Definitions. All initially capitalized terms not defined herein shall have the meanings set forth in the Declaration. 4. Master-Metered Water Usage. Section 24 of the Declaration regarding master-metered water usage is hereby deleted in its entirety. 5. Covenant. This First Amendment shall be a covenant running with the land. • OR BK 7317 PG 1345 2 of 3 IN WITNESS WHEREOF, the undersigned hereunto set its hand and seal as of this Jday of /1JOU/ 't3 , 2006. WITNESSES: "LENNAR" LENNAR HOMES, INC., a Florida corporation By: Print Name: C NamOKennekthVW�a// Title: Vice Preside 2� Date: Print Name: -- J /7-'J r?' C/c- i`lam 1r (Corporate Seal) STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowledged before me this day of 2006, by Kenneth Wagner, as Vice Presjntof LENNA HOMES, INC., a Florida corporation, on behalf of the corporation. He he] personally known to me or ❑ has produced _ _ as identification. Nota Public =' Comnusion*DD363735 Print Name Expires November 1,2008 ', eaww -,,,,,,.,,. eooxs►o+s My commission expires: (,_ 1—p$ S:1JayZ\Clients\Lennar\Eiland ParkAAmendmentslFirst Amendmentl-Eiland Park.doc 2 OR BK 7317 PG 1346 3 of 3 JOINDER EILAND PARK TOWNHOMES ASSOCIATION, INC. EILAND PARK TOWNHOMES ASSOCIATION, INC., a Florida corporation not for profit (the "Association") does hereby join in the First Amendment to Declaration for Eiland Park (the "First Amendment"), to which this Joinder is attached, and the terms thereof are and shall be binding upon the undersigned and its successors in title. Association agrees that this Joinder is for convenience purposes only and does not apply to the effectiveness of the First Amendment as Association has no right to approve the First Amendment. IN WITNESS WHEREOF, the undersigned has executed this Joinder on this day of /lJ C) , 2006. WITNESSES: EILAND PARK TOWNHOMES ASSOCIATION, INC., ( / , _ 7 // j' a Florida corporation not for profit Prin a e: " By: `�-----� Name:M chael C hon Prin Name: J7a 't 41eq,. Title: Vice President {SEAL) STATE OF FLORIDA ) )SS.: COUNTY OF (�S �"). The foregoing was acknowledged before me this day of ____� _____ , 2006 by Michael Cachon as Vice President of EILAND PARK TOWNHOMES ASSOCIATION, INC., a Florida corporation not for profit, on behalf of the corporation, who is personally known to me or who has produced as identification on behalf of the corporation. My commission expires: —O$ NOTARY PUBLIC, State of Florida at Large Print name: 2; (e -j, ,..,•,._ Dawn Bailey Commission#DD363735 E:-p(res November 1,2008 �f .•` @ontlM Tmy Fam-Mwreru:e,Inc fq;.37019 IIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIINIIIIIIIIIItlllll 2006031923 Rept: 970226 Rec: 681.50 DS: 0.00 IT: 0.00 PREPARED BY AND RETURN TO: 02/16/06 _ — Dpty Clark Christian F.O'Ryan, Esq. Pennington,Moore,Wilkinson,Bell&Dunbar,P.A. 2701 N.Rocky Point Drive,Suite 900 JEp P1 TNN PASCO COUNTY CLERK Tampa,Florida 33607 02/16/06 19:11PM 1 of 80 OR BK 6843 PG 1509 DECLARATION FOR EILAND PARK TABLE OF CONTENTS 1. Recitals................................................................................... 1 2. Definitions............................................................................... 1 ACC 1 Access Control System............................................................. 1 Articles ................................................................................. 1 Assessments ......................................................................... 1 Association .......................................................................... 1 Association Documents............................................................. 1 Board .................................................................................... 1 Builder.................................................................................. 1 Bylaws.................................................................................. 2 CableServices ........................................................................ 2 CommonAreas ...................................................................... 2 Community Completion Date ..................................................... 2 CommunityStandards .............................................................. 2 Contractors ............................................................................ 2 Data Transmission Services ...................................................... 2 Declaration ............................................................................. 2 Developer....... ............................... EILANDPARK...................................................................... 2 Home ................................................................................... 3 Immediate Family Member......................................................... 3 Individual Assessments ............................................................ 3 Initial Capital Contribution .......................................................... 3 Installment Assessments........................................................... 3 Lake Slope Maintenance Standards............................................. 3 3 Lease Agreement 3 Lender.................................................................................. 3 Lennar.................................................................................. 3 Lot....................................................................................... 3 MasterPlan ............................................................................ 3 OperatingCosts ..................................................................... 3 Owner.................................................................................. 4 ParkingLot............................................................................ 4 PartyWall .............................................................................. 4 Permit................................................................................... 4 Plat...................................................................................... 4 PublicRecords ....................................................................... 4 Reserves .............................................................................. 4 Rules and Regulations .............................................................. 4 EIIAND PARK Declaration 7/14106 OR BK 6843 PG 1510 2 of 8 0 SWFWMD .............................................................................. 4 Special Assessments. .............................................................. 4 Surface Water Management System ............................................ 4 Telecommunications Provider..................................................... 4 Telecommunications Services.................................................... 4 4 Telecommunications Systems .................................................... 4 Telephony Services ................................................................. 5 TitleDocuments...................................................................... 5 TollCalls............................................................................... 5 TurnoverDate ......................................................................... 5 UseFees .............................................................................. 5 3. Plan of Development................................................................. 5 4. Amendment............................................................................. 5 4.1 General Restrictions on Amendments................................. 5 4.2 Amendments Prior to and Including the Turnover Date ............ 5 4.3 Amendments After the Turnover Date ................................ 6 4.4 Compliance with HUD, FHA,VA, FNMA,GNMA.................. 6 5. Annexation and Withdrawal ........................................................ 6 5.1 Annexation by Developer ................... ....................... 6 5.2 Annexation by Association .............................................. 6 5.3 Withdrawal .................................................................. 6 6. Dissolution .............................................................................. 6 6.1 Generally..................................................................... 6 6.2 Applicability of Declaration after Dissolution ........................ 7 7. Binding Effect and Membership ................................................... 7 7.1 Term .......................................................................... 7 7.2 Transfer....................................................................... 7 7.3 Membership and Voting Rights ......................................... 7 ClassA ....................................................................... 7 ClassB........................................................................ 8 7.4 Ownership by Entity....................................................... 8 7.5 Voting Interests ............................................................. 8 7.6 Document Recordation by Owners Prohibited ...................... 8 7.7 Conflicts ...................................................................... 8 8. Paramount Right of Developer.................................................... 8 9. Operation of Common Areas ........................................................ 8 9.1 Prior to Conveyance ....................................................... 8 9.2 Construction of Common Area Facilities ............................... 9 9.3 Use of Common Areas by Developer.................................. 9 9.4 Conveyance .................................................................. 9 9.4.1 Generally........................................................... 9 9.4.2 Form of Deed ..................................................... 10 9.5 Operation After Conveyance............................................. 10 9.6 Paved Common Areas .................................................... 10 9.7 Delegation and Managers ................................................ 11 9.8 Use ...........................•................................................. 11 9.8.1 General Public Use.............................................. 11 9.8.2 Right to Allow Use .............................................. 11 9.8.3. Obstruction of Common Areas ................................. 11 9.8.4 Assumption of Risk............................................. 11 9.8.5 Owner's Obligation to Indemnify............................ 12 9.9 Rules and Regulations .................................................... 12 9.9.1 Generally.......................................................... 12 9.9.2 Developer Not Subject to Rules and Regulations ........ 12 9.10 Default by Another Owner ............................................... 12 9.11 Special Taxing Districts ................................................. 12 9.12 Association's Obligation to Indemnify.................................. 13 EQAND PARK Declaration ii VL4�os OR SK 6843 PG 1511 3 °f80 9.13 Site Plans and Plats ....................................................... 13 9.14 Access Control System...................................................... 13 13 9.15 Recreational Facilities....................................................... 13 9.15.1 General Restrictions.............................................. 13 13 9.15.1.1 Minors................................................... 13 13 9.15.1.2 Responsibility for Personal Property and Persons........................................... 14 14 9.15.1.3 Activities................................................ 14 14 9.15.2 Recreational Facilities Personal Property................. 14 14 9.15.3 Indemnification of Developer and Association............ 14 9.15.4 Attorney's Fees.................................................. 14 14 9.15.5 Basis For Suspension.......................................... 14 14 9.15.6 Types of Suspension........................................... 15 15 10. Party Walls ......................................................................... 15 10.1 General Rules of Law to Apply......................................... 15 10.2 Painting ..................................................................... 15 10.3 Sharing of Repair, Replacement and Maintenance for PartyWalls ................................................................. 15 10.3.1 Generally........................................................... 15 10.3.2 Failure to Contribute ............................................. 15 10.3.3 Alterations ......................................................... 15 10.3.4 Weatherproofing ................................................. 15 10.3.5 Easements ........................................................ 15 11. Maintenance by Association ..................................................... 16 11.1 Common Areas........................................................... 16 11.2 Lawn Maintenance ........................................................ 16 11.3 Termite Warranty Program ............................................... 16 11.4 Association's Duty to Maintain Surface Water Management System ........................................................................ 16 11.5 Amendments Affecting Surface Water Management System... 16 11.6 Adjoining Areas .......................................................... 16 11.7 Negligence................................................................ 17 11.8 Right of Entry............................................................. 17 11.9 Maintenance of Property Owned by Others .......................... 17 11.10 Weeds and Refuse ........................................................ 17 11.11 Sidewalk Easement..................................................... 17 11.12 Failure of Owner to Maintain and Repair...................... ... 17 11.13 Lake and Canal Common Areas....................................... 18 12. Use Restrictions ................................................................... 18 12.1 Alterations and Additions ............................................... 18 12.2 Animals ................................................................... 18 12.3 Artificial Vegetation .................................................... 18 12.4 Cars and Trucks........................................................... 18 12.4.1 Parking ........................................................... 18 12.4.2 Repairs and Maintenance of Vehicles ....................... 19 12.4.3 Prohibited Vehicles ............................................ 19 12.4.4 Towing............................................................... 19 12.5 Casualty Destruction to Improvements ................................ 19 12.6 Commercial Activity..................................................... 19 12.7 Completion and Sales of Units .......................................... 20 12.8 Control of Contractors. .................................................... 20 12.9 Cooking ...................................................................... 20 12.10 Decorations ................................................................. 20 12.11 Disputes as to Use.......................................................... 20 20 12.12 Drainage System ........................................................... 20 12.13 Extended Vacation and Absences ....................................... 20 12.14 Fences and Walls ........................................................... 21 EILAND PARK Declaration 111 2/14A6 OR BK 6843 PG 1512 4 of 80 12.15 Fuel Storage .................................................... 21 ............ 12.16 Garbage Collection ......................................................... 21 12.17 Hurricane Shutters ........................................................ 21 12.18 Irrigation ................. ................... 21 12.19 Laundry................................................................. 21 12.20 Lawful Use .................... ............................... 21 12.21 Landscaping and Irrigation of Lots; Removal of Sod and Shrubbery;Additional Planting. ..................................... 21 12.22 Leases ...................................................................... 22 12.22.1 Lease Requirements...................................... 22 22 12.22.2 Maximum Number of Occupants per Home ................23 12.22.3 Right to Use Common Areas ................................ 23 12.22.4 Security Deposit ............................................... 23 12.22.5 Amendment.................................................... 23 12.23 Maintenance by 0wners .................................................. 23 12.23.1 Standards of Maintenance ..................................... 23 12.23.2 Weeds and Refuse.............................................. 24 12.23.3 Screened Enclosures ........................................... 24 12.24 Minor's Use of Facilities............................................... 24 12.25 Nuisances ................. 24 .............................................. 12.26 Personal Property........................................................ 24 12.27 Pools ...................................................................... 24 12.28 Satellite Dishes and Antennae............................ 12.29 Servants........................................................ 24 12.30 Signs and Flags ...... ............................................................. 24 12.31 Sports Equipment . 25 12.32 Storage......................... 25 .............................................. 12.33 Subdivision and Regulation of Land ..................................... 25 12.34 Substances ................................................................... 25 12.35 Use of Homes ...................... ................ 25 ........................ 12.36 Visibility on Corners....................................................... 25 12.37 Wetlands and Mitigation Areas ........................................... 25 12.38 Windows or Wall Units ................................................. 25 12.39 Window Treatments .................... 12.40 Easement for Unintentional and Non-Negligent Encroachments. 26 13. Insurance ......... 26 ................................................................... 13.1 Authority to purchase;named insured.................................. 26 26 13.2 Personal Property of Owner.............. 13.3 Coverage. .......................... ............................... 26 26 13.3.1 Casualty............................................................. 26 . 26 13.3.2 Public Liability..................................................... 26.......... 13.3.3 Worker's Compensation .................. ............ 27 ........... 13.3.4 Flood Insurance.................................................. 27 13.3.5 Fidelity Bonds ............... . 27 ..................................... 13.4 'Share of Proceeds.......................................................... 27 13.4.1 Mortgagees ........................................................ 27 13.4.2 Distribution ........................................... 28 13.5 As sociation as Agent...................................................... 28 13.6 Cost of Payment of Premiums .......................................... 28 ....................................... 13.7 Developer has No Liability............................................... 28 13.8 Additional Insured ......... ................. 28 ............................... 14. Property Rights;Owners'Easement of Enjoyment ......................... 28 14.1 Exceptions..................... 28 ......................................... 14.2 Ingress and Egress .. 14.3 Development Easement 14.4 Public Easements .......................................................... 30 ....... ... 14.5 Delegation of Use ............... ........ .. 30 ........................ .......... EIIAND PARK Declaration iv 1114/06 OR BK 6843 PG 1513 g of 80 14.6 Easement for Encroachments........................................... 30 30 14.7 Permits, Licenses and Easements ..................................... 30 14.8 Support Easement and Maintenance Easement.................... 30 14.9 Drainage ...................................................................... 30 14.10 Easement in favor of Association ...................................... 30 14.11 Duration ...................................................................... 31 14.12 Easement for Unintentional and Non-Negligent Encroachments............................................................. 31 15 Assessments .......................................................................... 31 15.1 Types of Assessments .................................................... 31 15.2 Purpose of Assessments ................................................. 31 15.2.1 Installment Assessments....................................... 31 31 15.2.2 Special Assessments........................................... 31 31 15.2.3 Use Fees.......................................................... 31 15.2.4 Reserves........................................................ 31 15.2.5 Individual Assessments...................................... 32 32 15.3 Designation .................................................................. 32 15.4 Allocation of Operating Costs ........................................... 32 15.5 General Assessments Allocation ....................................... 32 15.6 Use Fees and Individual Assessment ............................... 33 15.7 Commencement of First Assessment................................. 33 15.8 Shortfalls and Surpluses ................................................. 33 15.9 Budget........................................................................ 33 15.10 Establishment of Assessments .......................................... 33 15.10.1 Installment Assessments..................................... 33 33 15.10.2 Special Assessments......................................... 34 34 15.10.3 Use Fees......................................................... 34 34 15.11 Initial Capital Contribution ................................................ 34 15.12 Resale Capital Contribution ............................................. 34 15.13 Assessment Estoppel Certificates ...................................... 34 15.14 Payment of Home Real Estate Taxes ................................. 34 15.15 Creation of the Lien and Personal Obligation ....................... 34 15.16 Subordination of the Lien to Mortgages ............................... 35 15.17 Acceleration .................................................................. 35 15.18 Non-Payment of Assessments ......................................... 35 15.19 Exemption ...................................................................... 35 15.20 Collection by Developer .................................................. 36 15.21 Rights to Pay Assessments and Receive Reimbursement..... 36 15.22 Mortgagee Right............................................................ 36 16. Information to Lenders and Owners ............................................. 36 16.1 Availability................................................................... 36 16.2 Copying ...................................................................... 36 16.3 Notice ......................................................................... 36 17. Architectural Control.................................................................. 36 17.1 Architectural Control Committee ....................................... 37 17.2 Membership ................................................................. 37 17.3 General Plan ................................................................ 37 17.4 Master Plan ................................................................. 37 17.5 Community Standards .................................................... 37 17.6 Quorum ....................................................................... 37 17.7 Power and Duties of the ACC ........................................... 37 17.8 Procedure .................................................................... 38 17.9 Alterations .................................................................... 38 17.10 Variances ..................................................................... 39 17.11 Permits ........................................................................ 39 17.12 Construction by Owners ................................................... 39 17.13 Inspection .................................................................... 40 EIIAND PARK Declaration V 2/1406 OR BK 6843 eG 1514 6 o; 17.14 Violation ...................................................................... 40 17.15 Court Costs .................................................................. 40 17.16 Certificate ..................................................................... 40 17.17 Certificate of Compliance .................................................. 40 17.18 Exemption ..................................................................... 40 17.19 Exculpation ................................................................... 40 18. [Intentionally Omitted] ...................................................................41 19. Owners Liability ........................................................................ 41 19.1 Right to Cure ..................................... .......... 41 ................. 19.2 Non-Monetary Defaults .................................................... 41 19.3 No Waiver.................................................................... 41 19.4 Rights Cumulative .......................................................... 42 19.5 Enforcement By or Against Other Persons.......................... 42 19.6 Fines .......................................................................... 42 20. Additional Rights of Developer.................................................... 42 20.1 Sales Office and Administrative Offices .............................. 42 20.2 Modification ................................................................... 42 20.3 Promotional Events ........................................................ 43 20.4 Use by Prospective Purchasers ........................................ 43 20.5 Franchises .................................................................... 43 20.6 Management................................................................. 43 20.7 Easements .................................................................. 43 20.8 Right to Enforce ............................................................ 43 20.9 Additional Development .................................................. 43 20.10 Representations ............................................................ 44 20.11 Non-Liability.................................................................. 44 20.12 Resolution of Disputes .................................................... 44 20.13 Venue......................................................................... 45 20.14 Reliance ...................................................................... 45 20.15 Duration of Rights .......................................................... 45 21. Telecommunications Services. .................................................... 45 45 21.1 Right to Contract for Telecommunications Services................. 45 45 21.2 Easements ................................................................... 46 21.3 Restoration .................................................................. 46 21.4 Operating Costs ............................................................ 46 22. Refund of Taxes and Other Charges............................................. 46 46 23. Assignment of Powers ............................................................... 46 24. Master-Metered Water Usage ..................................................... 47 25. General Provisions ................................................................... 47 25.1 Authority of Board .......................................................... 47 25.2 Severability.................................................................. 47 25.3 Construction Activities ................................................... 47 25.4 Affirmative Obligation of Association ................................. 47 25.5 Execution of Documents ................................................. 48 25.6 Notices ........................................................................ 48 25.7 Florida Statutes ............................................................ 48 25.8 Title Documents ........................................................... 48 Exhibit 1 -Legal Description Exhibit 2-Articles of Incorporation Exhibit 3-Bylaws Exhibit 4-Permit EE AND PARK Declaration V1 2/146 0R f43 PG 15 i 7 or se DECLARATION FOR EILAND PARK THIS DECLARATION FOR EILAND PARK(this"Declaration") is made by Lennar Homes, Inc.,a Florida corporation ("Lennar") and joined in by Eiland Park Townhomes Association, Inc., a Florida corporation not for profit("Association"). RECITALS A. Lennar will be the owner of the real property in Pasco County, Florida more particularly described in Exhibit 1 attached hereto and made a part hereof("EILAND PARK"). B. Lennar desires to subject EILAND PARK to the covenants, conditions and restrictions contained in this Declaration. C. This Declaration is a covenant running with all of the land comprising EILAND PARK,and each present and future owner of interests therein and their heirs, successors,and assigns are hereby subject to this Declaration; NOW THEREFORE, Lennar hereby declares that every portion of EILAND PARK is to be held,transferred, sold,conveyed, used and occupied subject to the covenants,conditions and restrictions hereinafter set forth. 1. Recitals. The foregoing Recitals are true and correct and are incorporated into and form a part of this Declaration. 2. Definitions. In addition to the terms defined elsewhere in this Declaration, all initially capitalized terms herein shall have the following meanings: "ACC" shall mean the Architectural Control Committee for EILAND PARK established pursuant to Section 17.1 hereof. "Access Control System" shall mean any system intended to control access and/or enhance the welfare of EILAND PARK. "Articles"shall mean the Articles of Incorporation of 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 15 hereof. "Association" shall mean Eiland Park Townhomes Association, Inc., a Florida corporation not for profit,its successors and assigns. "Association Documents" shall mean this Declaration, the Articles, the Bylaws, the Rules and Regulations,and the Community Standards,as amended from time to time. "Board"shall mean the Board of Directors of Association. "Builder"shall mean any person or entity that purchases a Lot from Developer for the purpose of constructing one or more Homes. EILAND PARK Declaration 2/14/06 OR Bic 6843 p0 1516 8 of 80 "Bylaws" shall mean the Bylaws of Association in the form attached hereto as Exhibit 3 and made a part hereof,as amended from time to time. "Cable Services" shall mean "basic service tier" as described in Section 623(b)(7)(A) of the Cable Television Consumer Protection Act of 1992,video programming services offered on a per-channel or per-program basis, video programming services offered in addition to basic service tier,any method of delivering video programming to Homes including, without limitation, interactive video programming, and any channel recognized in the industry as premium including, without limitation, HBO, Showtime, Disney, Cinemax and the Movie Channel. By way of example, and not of limitation,the term Cable Services may include cable television, satellite master antenna television, multipoint distribution systems, video dial tone,open video system or any combination thereof. "EILAND PARKM%,shall mean all of the real property described on Exhibit 1 and shall include the Common Areas,each Home,each Lot,tract,unit or other subdivision of real property,subject to additions and deletions thereto as permitted pursuant to the terms of this Declaration. Developer may, when amending or modifying the description of real property which is subject to the operation of this Declaration, also amend or modify the definition of EILAND PARK. "Common Areas" shall mean all real property interests and personalty within EILAND PARK designated as Common Areas from time to time by Plat or recorded amendment to this Declaration and provided for, owned, leased by, or dedicated to the common use and enjoyment of the Owners within EILAND PARK. The Common Areas may include, without limitation, open space areas, landscape easement areas, entrance features, electronic gates, recreational facilities, pools, cabanas, improvements, easement areas owned by others, additions, irrigation pumps, wetlands, irrigation areas, irrigation lines, streets, parking areas, lights, commonly used utility facilities, mail kiosk, trash collection containers, signage, other lighting,and landscaping within property owned by Association. The Common Areas do not include any portion of a Home. 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 DEVELOPER TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS SET FORTH IN SUCH DESCRIPTION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REPRESENTATION OR WARRANTY AS TO THE EXTENT OF THE COMMON AREAS TO BE OWNED, LEASED BY OR DEDICATED TO ASSOCIATION, EXCEPT AFTER CONSTRUCTION AND DEDICATION OR CONVEYANCE OF ANY SUCH ITEM. "Community Completion Date" shall mean the date upon which all Homes in EILAND PARK, as ultimately planned and as fully developed, have been conveyed by Developer and/or Builder to Owners. "Community Standards"shall mean such standards of conduct, maintenance or other activity,if any, established by the ACC pursuant to Section 17.5 hereof. "Contractors"shall have the meaning set forth in Section 17.12 hereof. "Data Transmission Services" shall mean (i) internet access services and (ii) enhanced services as defined in Section 64.702 of Title 47 of the Code of Federal Regulations, as amended from time to time,and without regard to whether the transmission facilities are used in interstate commerce. "Declaration" shall mean this Declaration together with all amendments and modifications thereof. "Developer"shall mean Lennar and any of its designees,successors and assigns who receive a written assignment of all or some of the rights of Developer hereunder. Such assignment need not be recorded in the Public Records in order to be effective. In the event of such a partial assignment, the 2 EILAND PARK Declaration 2/14/06 OR BK 6843 PG 1517 9 0f80 assignee shall not be deemed Developer,but may exercise such rights of Developer specifically assigned to it. Any such assignment may be made on a non-exclusive basis. "Home" shall mean each residential townhome and appurtenances thereto constructed within EILAND PARK. The term Home may not reflect the same division of property as reflected on a 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 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 Member" shall mean the spouse of the Owner and all unmarried children twenty-two(22)-years and-younger of either the Owner or the Owner's spouse. If an Owner is unmarried, the Owner may designate one other person who is living with such Owner in the Home in addition to children of the Owner as an adult Immediate Family Member. No unmarried child or other person shall qualify as an Immediate Family Member unless such person is living with the Owner within the Home. "Individual Assessments"shall have the meaning set forth in Section 15.2 hereof. "Initial Capital Contribution"shall have the meaning set forth in Section 15.11 herein. "Installment Assessments"shall have the meaning set forth in Section 15.2 hereof. "Lake Slope Maintenance Standards"shall have the meaning set forth in Section 11.13 hereof. "Lease Agreement"shall have the meaning set forth in Section 12.22 hereof. "Lender" shall mean (i) the institutional and licensed holder of a first mortgage encumbering a Lot or Home or (ii) Developer and its affiliates, to the extent Developer or its affiliates finances the purchase of a Home or Lot initially or by assignment of an existing mortgage. "Lennar"shall mean Lennar Homes, Inc.,a Florida corporation, its successors and assigns. "Lot"shall mean any platted residential lot shown on a Plat. "Master Plan"shall mean collectively the any full or partial concept plan for the development of EILAND PARK,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 Plan is not a representation by Developer as to the development of EILAND PARK or its amenities, as Developer reserves the right to amend all or part of the Master Plan from time to time. "Operating Costs" shall mean all costs and expenses of Association and the Common Areas including, without limitation, all costs of ownership; operation; administration; all amounts payable by Association; all community lighting including entrance lighting and all amounts payable in connection with any private street lighting agreement between Association and a public utility company;amounts payable to a Telecommunications Provider for Telecommunications Services furnished to all Owners; utilities; taxes; insurance; bonds; salaries; management fees; professional fees; service costs; supplies; maintenance; repairs; replacements; refurbishments; termite warranty programs; all amounts payable in connection with water services supplied by any public utility as further described in Section 24; all amounts payable in connection with the Access Control System; all amounts payable in connection with the Recreational Facilities;and any and all costs relating to the discharge of the obligations hereunder,or as determined to be part of the Operating Costs by Association. By way of example,and not of limitation, Operating Costs shall include all of Association's legal expenses and costs relating to or arising from the enforcement and/or interpretation of this Declaration. 3 - EILAND PARK Declaration 2/l4M06 OR Bic 6843 PG 1518 10 of 80 "Owner" shall mean the record owner (whether one or more persons or entities) of fee simple title to any Home. The term "Owner"shall not include Developer or Builder until the Turnover Date, or a Lender. "Parking Lot" shall mean collectively the parking areas designated by the Developer which may at the Developer's option include one space reserved for each Home and may include spaces which are reserved for Owners'guests. "Party Wall"shall mean any fence or wall built as part of the original construction of two or more Homes which is placed on the dividing line or platted lot line between such Homes. "Permit"shall mean the permit attached as Exhibit 4 issued by the SWFWMD. "Plat" shall mean any plat of any portion of EILAND PARK filed in the Public Records, as the same may be amended by Developer,from time to time. "Public Records"shall mean the Public Records of Pasco County, Florida. "Reserves"shall have the meaning set forth in Section 15.2 hereof. "Rules and Regulations" shall mean collectively the Rules and Regulations governing EILAND PARK as adopted by the Board from time to time. "SWFWMD"shall mean the Southwest Florida Water Management District. "Special Assessments" shall mean those Assessments more particularly described as Special Assessments in Section 15.2 hereof. "Surface Water Management System" shall mean the collection of devices, improvements, or natural systems whereby surface waters are controlled, impounded or obstructed. This term includes exfiltration trenches, mitigation areas, lakes, retention areas, water management areas, ditches,culverts, structures, dams, impoundments, reservoirs, drainage maintenance easements and those works defined in Section 373.403(1)-(5)of the Florida Statutes. The Surface Water Management System includes those works authorized by SWFWMD pursuant to the Permit. "Telecommunications Provider" shall mean any party contracting with Association to provide Owners with one or more Telecommunications Services. Developer may be a Telecommunications Provider. With respect to any particular Telecommunications Services, there may be one or more Telecommunications Providers. By way of example, with respect to Multichannel Video Programming Service,one Telecommunications Provider may provide Association such service while another may own, maintain and service the Telecommunications Systems which allow delivery of such Multichannel Video Programming Service. "Telecommunications Services" shall mean delivered entertainment services; all services that are typically and in the future identified as telecommunication services; Telephony Services; Cable Services; and Data Transmission Services. Without limiting the foregoing, such Telecommunications Services 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. "Telecommunications Systems" shall mean all facilities, items and methods required and/or used in order to provide Telecommunications Services to EILAND PARK. Without limiting the foregoing, Telecommunications Systems may include wires (fiber optic or other material), conduits, passive and active electronic equipment, pipes, pedestals, wireless cell sites, computers, modems, satellite antennae sites, transmission facilities, amplifiers,junction boxes, trunk distribution,feeder cables, lock boxes,taps, 4 EILAND PARK Declaration vlaob • OR BK 6843 PG 1519 11 of 80 drop cables, related apparatus, converters, connections, head-end antennae, earth stations, appurtenant devices, network facilities necessary and appropriate to support provision of local exchange services and/or any other item appropriate or necessary to support provision of Telecommunications Services. Ownership and/or control of all or a portion of any part of the Telecommunications Services may be bifurcated among network distribution architecture, system head-end equipment, and appurtenant devices(e.g., individual adjustable digital units). "Telephony Services" shall mean local exchange services provided by a certified local exchange carrier or alternative local exchange company, intraLATA and interLATA voice telephony and data transmission. "Title Documents"shall have the meaning set forth in Section 25.8 hereof. "Toll Calls" shall have meaning given to such term by the Florida Public Service Commission and\or the Federal Communications Commission. "Turnover Date" shall mean the date on which transition of control of the Association from Developer to Owners occurs as defined in Section 7.3. "Use Fees"shall have the meaning set forth in Section 15.2 hereof. 3. Plan of Development. The planning process for EILAND PARK is an ever-evolving one and must remain flexible in order to be responsible to and accommodate the needs of Developer's buyers. Subject to the Title Documents, Developer may wish and has the right to develop EILAND PARK and adjacent property owned by Developer into residences, comprised of homes, villas, coach homes, townhomes, zero lot line homes, patio homes,condominiums, 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 EILAND PARK as finally developed. 4. Amendment. 4.1 General Restrictions on Amendments. Notwithstanding any other provision herein to the contrary, no amendment to this Declaration shall affect the rights of Developer unless such amendment receives the prior written consent of Developer, which consent may be withheld for any reason whatsoever. No amendment shall after the provisions of this Declaration benefiting Lenders without the prior approval of the Lender(s)enjoying the benefit of such provisions. 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 this Declaration, then the prior written consent of such entity or agency must also be obtained. All amendments must comply with Section 11.5 hereof which benefits the SWFWMD. No amendment shall be effective until it is recorded in the Public Records. 4.2 Amendments Prior to and Including the Turnover Date. Prior to and including the Turnover Date, Developer shall have the right to amend this Declaration as it deems appropriate, without the joinder or consent of any person or entity whatsoever. Such amendments may include, without limitation, the creation of easements for Telecommunications Systems, utility, drainage, ingress and egress and roof overhangs over any portion of EILAND PARK; additions or deletions from the properties comprising the Common Areas; changes in the Rules and Regulations, and modifications of restrictions on the Homes, and maintenance standards for landscaping. Developer's right to amend under this provision is to be construed as broadly as possible. By way of example, and not as a limitation, Developer may create easements over Homes conveyed to Owners provided that such easements do not prohibit the use of such Homes as residential homes. In the event that Association shall desire to amend this Declaration prior to the Turnover Date,Association must first obtain Developer's prior written consent to any proposed amendment. Thereafter,an amendment identical to that approved by Developer may be adopted by Association pursuant to the requirements for amendments from and after the Turnover Date. Thereafter, Developer shall join in such identical amendment so that its consent to the same will be 5 EILAND PARK Declaration 1114106 OR BK 6843 PG 1520 12 of 80 reflected in the Public Records. To the extent legally required, each Owner shall be deemed to have granted to Developer and, thereafter, Association an irrevocable power of attorney, coupled with an interest,for the purposes herein expressed. 4.3 Amendments After the Turnover Date. After the Turnover Date, but subject to the general restrictions on amendments set forth above, this Declaration may be amended with the approval of (i) sixty-six and two-thirds percent (66 2/3%) of the Board; and(ii) fifty-one percent(51%) of the votes present(in person or by proxy)at a duly called meeting of the members in which there is a quorum. 4.4 Compliance with HUD, FHA VA FNMA GNMA. Notwithstanding any provision of this Declaration to the contrary, the Developer shall have the right to amend this Declaration, from time to time, so long as Developer owns a Lot within the EILAND PARK, to make such changes, modifications and additions therein and thereto as may be requested or required by HUD, FHA, VA, FNMA, GNMA,or any other governmental agency or body as a condition to, or in connection with such agency's or body's 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 5. Annexation and Withdrawal. 5.1 Annexation by Developer. Prior to the Community Completion Date, additional lands may be made part of EILAND PARK by Developer, at Developer's sole discretion. Such additional lands to be annexed may or may not be adjacent to EILAND PARK. Except for applicable governmental approvals (if any), no consent to such annexation shall be required from any other party (including, but not limited to, Association, Owners or any Lenders of any portion of EILAND PARK, including a Home). Such annexed lands shall be brought within the provisions and applicability of this Declaration by the recording an amendment to this Declaration in the Public Records. The amendment 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 EILAND PARK. Such amendment may contain additions to, or modifications of, omissions to, the covenants, conditions, and restrictions contained in this Declaration as deemed appropriate by Developer and as may be necessary to reflect the different character, if any, of the annexed lands. Prior to the Turnover Date, only Developer may add additional lands to EILAND PARK. 5.2 Annexation by Association. Prior to the Community Completion Date, and subject to applicable governmental approvals(if any),additional lands may be annexed with the approval of(i)sixty- six and two-thirds percent (66 2/3%) of the Board; and (ii) seventy-five percent (75%) of the votes present,in person or by proxy,at a duly called meeting of the members in which there is a quorum. 5.3 Withdrawal. Prior to the Community Completion Date,any portions of EILAND PARK(or any additions thereto) may be withdrawn by Developer from the provisions and applicability of this Declaration by the recording of an amendment to this Declaration in the Public Records. The right of Developer to withdraw portions of EILAND PARK shall not apply to any Home which has been conveyed to an Owner unless that right is specifically reserved in the instrument of conveyance or the prior written consent of the Owner is obtained. The withdrawal of any portion of EILAND PARK shall not require the consent or joinder of any other party(including, but not limited to,Association, Owners,or any Lenders of any portion of EILAND PARK). Association shall have no right to withdraw land from EILAND PARK. 6. Dissolution. 6.1 Generally. In the event of the dissolution of 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 Association, and to make of such provisions as may be necessary for the continued management of the affairs of the dissolved Association. 6 EQAND PARK Declaration ?11406 OR OK 8843 PG 1521 13 of 80 6.2 Applicability of Declaration after Dissolution. In the event of dissolution of Association, EILAND PARK and each Home therein shall continue to be subject to the provisions of this Declaration, including, without limitation, the provisions respecting Assessments specified in this Declaration. Each Owner shall continue to be personally obligated to the successors or assigns of Association for Assessments to the extent that Assessments are required to enable the successors or assigns of Association to properly maintain, operate and preserve the Common Areas. The provisions of this Section shall only apply with regard to the maintenance, operation, and preservation of those portions of EILAND PARK which had been Common Areas and continue to be so used for the common use and enjoyment of the Owners. 7. Binding Effect and Membership 7.1 Term. The term of this Declaration shall be perpetual and shall run with the land. Each Owner, by acceptance of title to a Home or to any portion of EILAND PARK and any person claiming by, through or under such Owner, agrees to be subject to this Declaration and the provisions hereof. The provisions of this Declaration are equitable servitudes and run with the land. 7.2 Transfer. The transfer of the fee title to a Home, whether voluntary or by operation of law, terminating the Owner's title to that Home shall terminate the Owner's rights to the use of and enjoyment of the Common Areas as it pertains to that Home and shall terminate such Owner's membership in Association. An Owner's rights and privileges under this Declaration are not assignable separately from a Home. The Owner of each Home is entitled to the benefits of,and is burdened with the duties and responsibilities set forth in, the provisions of this Declaration. All parties acquiring any right, title and interest in and to any Home 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. In the event that any Owner desires to sell or otherwise transfer title of his or her Home,such Owner shall give the Board at least fourteen(14) days prior written notice of the name and address of the purchaser or transferee,the date on which such transfer of title is to take place, and such other information as the Board may reasonably require. The transferor shall remain jointly and severally liable with the transferee for all obligations of the Owner and the Home pursuant to this Declaration including, without limitation, payment of all Assessments accruing prior to the date of transfer. Until written notice is received as provided in this Section,the transferor and transferee shall be jointly and severally liable for Assessment accruing subsequent to the date of transfer. In the event that upon the conveyance of a Home an Owner fails in the deed of conveyance to reference the imposition of this Declaration on the Home, the transferring Owner shall remain liable for Assessments accruing on the Home from and after the date of conveyance. 7.3 Membership and Voting Rights. 7.3.1 Upon acceptance of title to a Home, and as more fully provided in the Articles and Bylaws, each Owner shall be a member of Association. Membership rights are governed by the provisions of this Declaration, the deed to a Home, the Articles and Bylaws. Membership shall be an appurtenance to and may not be separated from, the ownership of a Home. Developer rights with respect to Association are set forth in this Declaration,the Articles and Bylaws. 7.3.2 The Association shall have two(2)classes of voting membership: Class A: Class A members shall be all Owners with the exception of the Developer and each Class A member shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members.The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: Developer shall be the Class B member, and shall be entitled to nine(9) votes for each Lot owned; provided, however, that as to land which is annexed or added pursuant to the terms of this Declaration, Developer shall be entitled to fourteen (14) votes per acre or fraction thereof 7 EILAND PARK Declaration 2/14/06 OR BK 6843 PG 1522 14 of 80 contained within a Parcel, until such time as the Parcel is platted, whereupon Developer shall be entitled to nine (9) votes per Lot in lieu of the votes per acre. Notwithstanding the foregoing, from and after Turnover, the Developer shall be entitled to one (1) vote for each Lot owned. Turnover"shall mean the transfer of operation of the Association by the Developer to Owners. The Turnover of the Association by the Developer shall occur at the Turnover meeting. The purpose of the Turnover meeting shall be to elect directors to the Association. No more than sixty(60) days and no less than thirty (30) days prior to the Turnover meeting, the Association shall notify in writing all Class A members of the date, location, and purpose of the Turnover meeting. The Turnover meeting shall take place within three (3) months of the occurrence of the following events,whichever occurs earliest: 7.3.2.1 When ninety percent(90%)of the Lots are conveyed to Owners other than the Declarant;or 7.3.2.2 Ten(10)years from the date of filing of this Declaration;or 7.3.2.3 Developer 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. 7.4 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 Association. All provisions of this Declaration and Rules and Regulations promulgated pursuant thereto shall apply to both such Owner and the designated occupants. 7.5 Voting Interests. Voting interests in Association are governed by the provisions of the Articles and Bylaws. 7.6 Document Recordation by Owners Prohibited. Neither Association nor any Owner, nor •group of Owners, may record any documents which, in any way, affect or restrict the rights of Developer, or conflict with the provisions of this Declaration. 7.7 Conflicts. In the event of any conflict among this Declaration,the Articles, the Bylaws or any of the other Association Documents,this Declaration shall control. 8. Paramount Right of Developer. Notwithstanding anything to the contrary herein, prior to the Community Completion Date, Developer shall have the paramount right to dedicate, transfer, and/or convey (by absolute conveyance, easement, or otherwise) portions of EILAND PARK for various public purposes or for the provision of Telecommunications Systems,or to make any portions of EILAND PARK part of the Common Areas, or to create and implement a special taxing district which may include all or any portion of EILAND PARK. In addition, the Common Areas of EILAND PARK may include decorative improvements, berms and water bodies. Developer may remove, modify, eliminate or replace these items from time to time in its sole discretion. SALES BROCHURES, SITE PLANS, AND MARKETING MATERIALS ARE CURRENT CONCEPTUAL REPRESENTATIONS AS TO WHAT FACILITIES, IF ANY, WILL BE INCLUDED WITHIN THE COMMON AREAS. DEVELOPER SPECIFICALLY RESERVES THE RIGHT TO CHANGE THE LAYOUT, COMPOSITION AND DESIGN OF ANY AND ALL COMMON AREAS AT ANY TIME WITHOUT NOTICE AT ITS DISCRETION. 9. Operation of Common Areas. 9.1 Prior to Conveyance. Prior to the conveyance, identification and/or dedication of the Common Areas to Association as set forth in Section 9.4 herein, any portion of the Common Areas owned by Developer shall be operated, maintained, and administered at the sole cost of Association for all purposes and uses reasonably intended, as Developer in its sole discretion deems appropriate. During such period, Developer shall own, operate, and administer the Common Areas without interference from any Owner or Lender of a Home or any portion of EILAND PARK or Home or any other 8 EIIAND PARK Declaration 2/14O6 OR a' 6843 PG 1523 15 of 80 person or entity whatsoever. Owners shall have no right in or to any Common Areas referred to in this Declaration unless and until same are actually constructed, completed, and conveyed to, leased by, dedicated to,and/or maintained by Association. The current conceptual representations, if any, regarding the composition of the Common Areas are not a guarantee of the final composition of the Common Areas. No party should rely upon any statement contained herein as a representation or warranty as to the extent of the Common Areas to be owned, leased by, or dedicated to Association. Developer,so long as it controls Association,further specifically retains the right to add to, delete from, or modify any of the Common Areas referred to herein at its discretion and without notice. 9.2 Construction of Common Areas Facilities. Developer has constructed or will construct, at its sole cost and expense,certain improvements as part of the Common Areas as Developer determines in its sole discretion, including without limitation, an outdoor swimming pool and cabana and tot lot (the outdoor swimming pool and `cabana and tot lot shall be collectively referred to as the "Recreational Facilities"). Developer shall be the sole judge of the composition of such improvements. Prior to the Community Completion Date Developer reserves the absolute right to construct additional Common Areas facilities and improvements within EILAND PARK, 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. Developer is not obligated to, nor has it represented that it will, modify or add to the facilities, improvements, or Common Areas as they are contemplated as of the date hereof. Developer is the sole judge of the foregoing, including the plans, specifications, design, location, completion schedule, materials, size, and contents of the facilities, improvements, appurtenances, personalty (e.g., furniture), color,textures,finishes,or Common Areas,or changes or modifications to any of them. 9.3 Use of Common Areas by Developer. Until the Community Completion Date Developer shall have the right to use any portion of the Common Areas, without charge, for any purpose deemed necessary by Developer. 9.4 Conveyance. 9.4.1 Generally. The Common Areas may be dedicated by Plats,created in the form of easements, or conveyed by written instrument recorded in the Public Records, or by Quit Claim Deed from Developer to Association. Association shall pay all costs of the conveyance. The dedication, creation by easement, or conveyance shall be subject to easements, restrictions, reservations, conditions, limitations, and declarations of record, real estate taxes for the year of conveyance, zoning, land use regulations and survey matters. 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. Association shall, and does hereby, indemnify and hold Developer harmless on account thereof. Association, by its joinder in this Declaration, hereby accepts such dedication(s) or conveyance(s) without setoff, condition, or qualification of any nature. Association shall accept any and all transfer of permits from Developer, or any other permittee of any permit required by a governmental agency in connection with the development of EILAND PARK, as modified and/or amended. Association shall cooperate with Developer, 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 Association. THE COMMON AREAS, PERSONAL PROPERTY AND EQUIPMENT THEREON AND APPURTENANCES THERETO SHALL BE DEDICATED OR CONVEYED 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 each irrevocable Owner's ingress and egress easement to his or her Home as set forth in this Declaration. 9.4.2 Form of Deed. Each deed of the Common Areas shall be subject to the following provisions: 9 ELAND PARK Declariuon v14,o6 OR BK 6843 PG 1524 16 of 80 9.4.2.1 a perpetual nonexclusive easement in favor of governmental agencies for the maintenance and repair of existing road,speed and directional signs, if any; 9.4.2.2 matters reflected in the plat(s)of EILAND PARK; 9.4.2.3 perpetual non-exclusive easements in favor of Developer, its successors, and assigns in, to, upon and over all of the Common Areas for the purposes of vehicular and pedestrian ingress and egress,installation of utilities, landscaping and/or drainage,without charge, including,without limitation, the right to use such roadways for construction vehicles and equipment. The easements reserved in the deed shall run in favor of Developer, and its employees, representatives, agents, licensees, guests, invitees,successors and/or assigns; 9.4.2.4 all restrictioris,easements,covenants and other matters of record; 9.4.2.5 in the event that Association believes that Developer shall have failed in any respect to meet Developer's obligations under this Declaration or has failed to comply with any of Developer's obligations under law or the Common Areas conveyed herein are defective in any respect, Association shall give written notice to Developer detailing the alleged failure or defect. Once Association has given written notice to Developer pursuant to this Section, Association shall be obligated to permit Developer and their agents to perform inspections of the Common Areas and to perform all tests and make all repairs/replacements deemed necessary by Developer to respond to such notice at all reasonable times. 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 Developer to repair or address, in Developer's sole option and expense, any aspect of the Common Areas deemed defective by Developer during its inspections of the Common Areas. Association's failure to give the notice and/or otherwise comply with the provisions of this Section will damage Developer. At this time, it is impossible to determine the actual damages Developer might suffer. Accordingly, if Association fails to comply with its obligations under this Section in any respect, Association shall pay to Developer liquidated damages in the amount of Two Hundred Fifty Thousand and no/100 Dollars ($250,000.00) which Association and Developer agree is a fair and reasonable remedy;and 9.4.2.6 a reservation of right in favor of Developer (so long as Developer owns any portion of EILAND PARK)to require that Association reconvey all or a portion of the Common Areas conveyed by quitclaim deed in favor of Developer in the event that such property is required to be owned by Developer for any purpose, including,without limitation,the reconfiguration of any adjacent property by re-plat or otherwise. 9.5 Operation After Conveyance. Subject to Association's right to grant easements and other interests as provided herein,Association may not convey, abandon,alienate, encumber, or transfer all or a portion of the Common Areas to a third party without(i) if prior to the Turnover Date,the approval of(a) a majority of the Board; and (b) the consent of Developer, or (ii) from and after the Turnover Date, approval of (a) sixty-six and two-thirds percent (66 2/3%) of the Board; and (b) seventy-five percent (75%)of all of the votes in Association. 9.6 Paved Common Areas. Without limiting any other provision of this Declaration, Association is responsible for the maintenance of all paved surfaces, roads, pathways, and sidewalks forming a part of the Common Areas. Although pavement appears to be a durable material, it requires maintenance. Association shall have the right, but not the obligation,to arrange for an annual inspection of all roads and sidewalks forming a part of the Common Areas by a licensed paving contractor and/or engineer with a Florida Department of Transportation Asphalt Pavement Certification. The cost of such inspection shall be a part of the Operating Costs of Association. Association shall determine annually the parameters of the inspection to be performed, if any. By way of example, and not of limitation, the inspector may be required to inspect the roads and sidewalks forming part of the Common Areas annually for deterioration and to advise Association of the overall pavement conditions including any upcoming maintenance needs. Any patching, grading, or other maintenance work should be performed by a 10 ET.AND PARK Declaration 2/14106 OR BK 6843 p4/ 1525 17 °f80 company licensed to perform the work. From and after the Community Completion Date, Association should monitor the roads and sidewalks forming the Common Areas monthly to ensure that vegetation does not grow into the asphalt and that there are no eroded or damaged areas that need immediate maintenance. 9.7 Delegation and Managers. Once conveyed or dedicated to Association, the Common Areas and facilities and improvements located thereon shall, subject to the provisions of this Declaration and the document of conveyance or dedication,at all times be under the complete supervision,operation, control, and management of Association. Notwithstanding the foregoing, Association may delegate all or a portion of its obligations hereunder to a licensed manager or professional management company. 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 a Common Area is'created by easement, Association's obligations and rights with respect to such Common Area may be limited by the terms of the document creating such easement. 9.8 Use. 9.8.1 General Public Use. The Common Areas shall be used and enjoyed by the Owners on a non-exclusive basis in common with other persons, entities and corporations (who may, but are not required to be, members of Association) entitled to use those portions of the Common Areas. Prior to the Community Completion Date, Developer,and thereafter,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. 9.8.2 Right to Allow Use. Developer and/or Association may enter into easement agreements or other use or possession agreements whereby the Owners, Telecommunications Providers, and/or 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 Costs. Any such agreement by Association prior to the Community Completion Date shall require the consent of Developer. Thereafter,any such agreement shall require the approval of the majority of the Board of Directors. 9.8.3 Obstruction of Common Areas. No portion of the Common Areas may be obstructed,encumbered,or used by Owners for any purpose other than as permitted by Association. 9.8.4 Assumption of Risk. Without limiting any other provision herein, each person within any portion of EILAND PARK accepts and assumes all risk and responsibility for noise, liability, injury, or damage connected with use or occupation of any y portion of EILAND PARK(e.g., the Common Areas ) including, without limitation, (a) noise from maintenance equipment, (b) use of pesticides, herbicides and fertilizers, view restrictions caused by maturation of trees and shrubbery, (d) reduction In privacy caused by the removal or pruning of shrubbery or trees within EILAND PARK and (e) design of any portion of EILAND PARK. Each person entering onto any portion of EILAND PARK also expressly indemnifies and agrees to hold harmless Developer, and Association 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, including attorneys' fees, paraprofessional fees and costs at trial and upon appeal. Without limiting the foregoing, all persons using the Common Areas and, including without limitation, any area adjacent to a lake or pond, do so at their own risk. BY ACCEPTANCE OF A DEED, EACH OWNER ACKNOWLEDGES THAT THE COMMON AREAS MAY CONTAIN WILDLIFE SUCH AS INSECTS,ALLIGATORS, DOGS, RACCOONS, SNAKES, DUCKS, DEER, SWINE, TURKEYS, AND FOXES. DEVELOPER, BUILDERS AND 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 GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN SAFETY. ii EI 4ND PARK Declaration 7/14/06 OR BK 6843 PG 1526 18 of 80 9.8.5 Owner's Obligation to Indemnify. Each Owner agrees to indemnify and hold harmless Developer and Association, 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 ("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 the Common Areas or the interpretation of this Declaration and/or exhibits attached hereto and/or from any act or omission of Developer, Association, or of any of the Indemnified Parties. Should any Owner bring suit against Developer, 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 expenses incurred by the Indemnified Parties in the defense of such suit, including attorneys'fees and paraprofessional fees at trial and upon appeal. 9.9 Rules and Regulations. 9.9.1 Generally. Prior to Turnover Date, Developer, and thereafter Association, shall have the right to adopt Rules and Regulations governing the use of the Common Areas and EILAND PARK. The Common Areas shall be used in accordance with this Declaration and Rules and Regulations promulgated hereunder. 9.9.2 Developer Not Subject to Rules and Regulations. The Rules and Regulations shall not apply to the Developer or to any property owned by Developer and shall not be applied in a manner which would adversely affect the interests of the Developer. Without limiting the foregoing, Developer, Builder and/or their assigns,shall have the right to: (I)develop and construct commercial,club uses, and industrial uses, Homes, Common Areas, and related improvements within EILAND PARK,and make any additions, alterations, improvements,or changes thereto; (ii) maintain sales offices(for the sale and re-sale of (a) Homes and (b) residences and properties located outside of EILAND PARK), general office and construction operations within EILAND PARK; (iii) place, erect or construct portable,temporary or accessory buildings or structure within EILAND PARK 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 EILAND PARK; (v)post,display,inscribe or affix to the exterior of any portion of the Common Areas or portions of EILAND PARK owned by Developer,signs and other materials used in developing, constructing,selling or promoting the sale of any portion EILAND PARK, including without limitation, Homes; (vi) excavate fill from any lakes or waterways within and/or contiguous to EILAND PARK, if any, by dredge or dragline, store fill within EILAND PARK and remove and/or sell excess fill;and grow or store plants and trees within, or contiguous to, EILAND PARK and use and/or sell excess plants and trees; and (vii) undertake all activities which, in the sole opinion of Developer, are necessary for the development and sale of any lands and improvements comprising EILAND PARK. 9.10 Default by Another Owner. No default by any Owner in the performance of the covenants and promises contained in this Declaration or by any person using the Common Areas or any other act of omission by any of them shall be construed or considered(a) a breach by Developer or Association or a non-defaulting Owner or other person or entity of any of their promises or covenants in this Declaration; or (b) an actual, implied or construction dispossession of another Owner from the Common Areas; or(c) an excuse, justification, waiver or indulgence of the covenants and promises contained in this Declaration. 9.11 Special Taxing Districts. For as long as Developer controls Association, Developer 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 Association to a special taxing district or a public agency or authority under such terms as Developer deems appropriate in order to create or contract with special taxing districts and community development districts (or others) for lighting, perimeter walls, entrance features, roads, landscaping, irrigation areas, lakes, waterways, ponds, surface water management systems, wetlands mitigation areas, parks, recreational or other services, security or communications, or other similar purposes deemed appropriate by Developer, including without limitation, the maintenance and/or 12 EILAND PARK Declaration 1114/06 OR BK 6843 PG 1527 19 of 80 operation of any of the foregoing. As hereinafter provided, Developer may sign any taxing district petition as attorney-in-fact for each Owner. Each Owner's obligation to pay taxes associated with such district shall be in addition to such Owner's obligation to pay Assessments. Any special taxing district shall be created pursuant to all applicable ordinances of Pasco County and all other applicable governing entities having jurisdiction with respect to the same. 9.12 Association's Obligation to Indemnify. Association and Owners each covenant and agree jointly and severally to indemnify, defend and hold harmless Developer, its officers, directors, shareholders, and any related persons or corporations and its employees from and against any and all claims, suits, actions, causes of action or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the Common Areas or other property serving Association, and improvements thereon,or resulting from or arising out of activities or operations of Association or Owners, and from and against all costs, expenses, court costs, attorneys' fees and paraprofessional fees (including, but not limited 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 Costs to the extent such matters are not covered by insurance maintained by Association. 9.13 Site Plans and Plats. EILAND PARK may be subject to one or more plats (each individually, a "Plat"). The Plat may identify some of the Common Areas within EILAND PARK. The description of the Common Areas on a Plat is subject to change and the notes on a Plat are not a guarantee of what facilities will be constructed on such Common Areas. Site plans used by Developer in its marketing efforts illustrate the types of facilities which may be constructed on the Common Areas, but such site plans are not a guarantee of what facilities will actually be constructed. Each Owner should not rely on a Plat or any site plans used for illustration purposes as the Declaration governs the rights and obligations of Developer and Owners with respect to the Common Areas. 9.14 Access Control System. Developer may install a tele-entry system at the entrance to EILAND PARK Association shall have the right, but not the obligation, to contract for the installation of additional Access Control System facilities for EILAND PARK. Prior to the Community Completion Date, all contracts for Access Control Systems shall be subject to the prior written approval of Developer. ASSOCIATION AND DEVELOPER SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OR FAILURE TO PROVIDE ADEQUATE ACCESS CONTROL OR INEFFECTIVENESS OF ACCESS CONTROL MEASURES UNDERTAKEN. EACH AND EVERY OWNER AND THE OCCUPANT OF EACH HOME ACKNOWLEDGES THAT DEVELOPER, ASSOCIATION, AND THEIR EMPLOYEES, AGENTS, MANAGERS, DIRECTORS AND OFFICERS, ARE NOT INSURERS OF OWNERS OR HOMES, OR THE PERSONAL PROPERTY LOCATED WITHIN HOMES. DEVELOPER AND ASSOCIATION WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM ANY CASUALTY OR INTRUSION INTO A HOME. 9.15 Recreational Facilities. 9.15.1 General Restrictions. Each Owner, Immediate Family Member and other person entitled to use the Recreational Facilities shall comply with following general restrictions: 9.15.1.1 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 Association may adopt reasonable 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. 9.15.1.2 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 13 EII.AND PARK Declaration 2/14O6 OR BK 6843 PG 1528 20 of 80 Members and guests, and the personal property of all of the foregoing, and each Owner shall not allow any damage the Recreational Facilities or interfere with the rights of other Owners hereunder. Neither the Developer nor the Association shall be responsible for any loss or damage to any private property used, placed or stored on the Recreational Facilities. Further, any person entering the Recreational Facilities assumes all risk of loss with respect to his or her equipment, jewelry or other possessions, including without limitation,wallets,books and clothing left in the pool and cabana area. 9.15.1.3 Activities.Any Owner, Immediate Family Member, guest or other person who, in any manner, makes use of the Recreational Facilities, or who engages in any contest, game, function, exercise,competition or other activity operated, organized, arranged or sponsored either on or off the Recreational Facilities, shall do so at their own risk. Every Owner shall be liable for any property damage and/or personal injury at the Recreational Facilities, caused by any Owner, Immediate Family Member or guest. No Owner may use the Recreational Facilities for any Recreational Facilities, society, party,religious,political,charitable,fraternal,civil,fund-raising or other purposes without the prior written consent of Association,which consent may be withheld for any reason. 9.15.2 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. 9.15.3 Indemnification of Developer and Association. Each Owner, Immediate Family Member and guest agrees to indemnify and hold harmless the Developer and the Association, 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 ("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 of the Association's insurance policies. 9.15.4 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 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. 9.15.5 Basis For Suspension. The rights of an Owner to use the Recreational Facilities may be suspended by the Association if, in the sole judgment of the Association: 9.15.5.1 such person is not an Owner or a Lessee; 9.15.5.2 the Owner, an Immediate Family, a guest or other person for whom a Owner is responsible violates one or more of the Association's Rules and Regulations; 9.15.5.3 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, whether belonging to an Owner, third party or to Association; or 9.15.5.4 an Owner fails to pay assessments due in connection with a Home. 9.15.6 Types of Suspension. The Association may restrict or suspend, for cause or causes described in the preceding Section, any Owner's privileges to use any or all of the Recreational Facilities. By way of example, and not as a limitation, the Association may suspend a Lessee's privileges to use any or all of the Recreational Facilities if such Lessee's Owner fails to pay Assessments due in 14 EIIAND PARK Declaration 2/14106 0R BI( 6843 1529 21 of 80 connection with a leased Home. In addition, the Association may suspend the rights of a particular Owner(and/or Immediate Family Member) or prohibit an Owner(and/or Immediate Family Member)from using a portion of the Recreational Facilities. No Owner whose privileges have been fully or partially suspended shall, on account of any such restriction or suspension, be entitled to any refund or abatement of Assessments or any other fees. During the restriction or suspension, Assessments shall continue to accrue and be payable each month. Under no circumstance will an Owner be reinstated until all Assessments and other amounts due to the Association are paid in full. 10. Party Walls. 10.1 General Rules of Law to Apply. To the extent not inconsistent with the provisions of this Section, the general rule of law regarding party walls and liability for personal damage due to negligence of willful acts or omissions shall apply to all Party Wall's within EILAND PARK which are built by Developer as part of the original construction of the Homes and any replacement thereof. In the event any portion of any structure or facility,as originally constructed by Developer,including,without limitation, any Party Wall, shall protrude over an adjoining Home, it shall be deemed that such Owners have granted perpetual easements to the adjoining Owner or Owners for continuing maintenance and use of the projection or Party Wall. The foregoing shall also apply to any replacements of any Party Walls. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of this Declaration. 10.2 Painting. Each Owner shall be responsible for painting the portion of any Party Wall which faces his or her Home. 10.3 Sharing of Repair. Replacement and Maintenance for Party Walls. 10.3.1 Generally. The cost of reasonable repair and maintenance of Party Walls (other than painting) shall be shared equally by the Owners of the Homes sharing such improvements without prejudice,however,to the right of any Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 10.3.2 Failure to Contribute. In the event that an Owner shall fail or refuse to pay his pro rata share of costs of repair, maintenance, or replacement of a Party Wall (whether or not through his own fault or the failure of his insurance company to pay any claim), then and in that event, the Owner advancing monies therefor shall have a right to file a claim of lien for such monies advanced in the Public Records and shall have the right to foreclose said lien in accordance with the same procedural requirements as now provided for in Florida Statutes for foreclosure of a construction lien; provided, however, such claim of lien shall be filed within ninety (90) days from date repairs or replacements are made to the Party Wall and suit thereon shall be commenced one(1)year from date such lien is filed. 10.3.3 Alterations. The Owner of a Home sharing a Party Wall with an adjoining Home shall not cut windows or other openings in the Party Wall,nor make any alterations,additions or structural changes in the Party Wall without the joint agreement of all of the Owners sharing the Party Wall. 10.3.4 Weatherproofing. Notwithstanding any other provisions of this Declaration, an Owner who by his negligent or willful act causes a Party Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 10.3.5 Easements. Each Owner sharing a Party Wall shall have all easement rights reasonably necessary to perform the obligations contained herein over the Homes sharing the Party Wall. Without limiting the generality of the foregoing, in the event an electrical meter, electrical apparatus, CAN cable or other utilities apparatus is installed within a Lot and serves more than such Lot, the Owners of the other Lot(s) served thereby shall have an easement for access to inspection and repair of such apparatus, provided that such easement rights shall be exercised in a reasonable manner and the Owner of the Lot encumbered by the easement shall be reimbursed for any significant physical damage to his Lot as a result of such exercise by the Owner(s) making use of such easement(s). 15 EILAND PARK Declaration 2/14/06 OR BK 6843 PG 1563 55 of 80 IN WITNESS WHEREOF, the undersigned, being Developer hereunder, has hereunto set its hand and seal this /k day of fivj2OO6. WITNESSES: LENNAR HOMES,INC.,a Florida corporation Print Name: � c.e-me _?— 'uw1 By:Pnnt I Name: Doyle4Du e �/htC hAeL— tA�"Al Title: Vice President Name: {SEAL} STATE OF FLORIDA SS.: COUNTY OF The foregoing instrument was acknowledged before me this day of t0(A?rUt- 2006 by Doyle D. Dudley,as Vice President of Lennar Homes, Inc.,a Florida corporation,on behalf of th corporation, who is personally known to m . or who has produced identification. My commission expires: NOTARY PUBLIC, State of Florida at Large Print Names Dawn Bailey - n ��� `�-� Commission#DD363735 �- Expires November 1,2008 •.w.+nrfr•ti•••p• eoo-xe�ol• 49 KI AND PARK Declaration 2/14/06 OR OK 6843 PG 1564 56 of 80 JOINDER EILAND PARK TOWNHOMES ASSOCIATION, INC. EILAND PARK TOWNHOMES ASSOCIATION, INC., a Florida corporation not for profit ("Association") does hereby join in the Declaration for EILAND PARK ("Declaration"), to which this Joinder is attached, and the terms thereof are and shall be binding upon the undersigned and its successors in title. Association agrees that this joinder is for convenience only and not to the effectiveness of this Declaration as Association has no right to approve this Declaration. IN WITNESS WHEREOF, the undersigned has executed this Joinder on this "fit 1 rum 2006. � day of WITNESSES: EILAND PARK TOWNHOMES ASSOCIATION,INC., a Florida corporation not for profit Prin By: Name: �tIS f�{ E,GtH-(�►t„T— —�r_.N,�, Name: Kevin M. Klarkowski Prin Title: President Name: (SEAL) STATE OF FLORIDA ) COUNTY OF rJu ) SS.: — The foregoin instrument was acknowledged before me this (01 day of `n^ -r 006 by Kevin M. Klarkowski, as President of EILAND PARK TOWNHOMES ASSOCIATION, I C., a Florida corporation not for profit, on behalf of the corporation, known ka a ...who has produced PD is ers`y identification. as My commission expires: NO Y PUBLIC,State of Florida at Large Print O- L Dawn Bailey Name: ��:_.xl �iC�--� - ,2008 tlsy FM,.tiMaanoa tie.eoo S:UayZl Cite nts\L.ennarkFiiand Park\DedarationlDedaration5-Eiland Park.doc 50 EIIAND PARK Declaration V14M6 oR BK 6843 PG 1555 57 ° 8Ø EXHIBIT 1 LEGAL DESCRIPTION DESCRIPTION:-PARCEL 1 THE WEST 36.00 FEET OF TRACT 67,ZEPHYRHILLS COLONY COMPANY LANDS,LOCATED IN SECTION 3.TOWNSHIP 26 SOUTH,RANGE 21 EAST,AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY,FLORIDA. LESS AND EXCEPT THE NORTH 208.69 FEET THEREOF. AND TRACT 78,ZEPHYRHILLS COLONY COMPANY LANDS,LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH,RANGE 21 EAST,AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 1,PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA_ LESS AND EXCEPT THE NORTH 87.48 FEET OF THE EAST 207.43 FEET THEREOF AND LESS AND EXCEPT THE FOLLOWING:COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 78;THENCE S.89°40'42"E.,ALONG THE NORTH BOUNDARY THEREOF,A DISTANCE OF 36.00 FEET FOR A POINT OF BEGINNING;THENCE S.001633"W.,PARALLEL WITH THE WEST BOUNDARY OF SAID TRACT 78,A DISTANCE OF 28.32 FEET;THENCE S. 89°41'31"E.,A DISTANCE OF 135.00 FEET;THENCE N.00°9633"E., A DISTANCE OF 28.28 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID TRACT 78;THENCE N.89.4('42"W_,A DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING_ SAID LANDS CONTAINING 4.52 ACRES MORE OR LESS. ALL BEING SUBJECT TO EASEMENTS AND RESERVATION OF RECORD_ DESCRIPTION-PARCEL 2 TRACT 84,ZEPHYRHLLS COLONY COMPANY LANDS,LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH,RANGE 21 EAST,AS SHOVI I ON THE PLAT RECORDED IN PLAT BOOK 1,PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.LESS AND EXCEPT THE WEST 208.75 FEET OF THE NORTH 208.75 FEET THEREOF. AND TRACTS 83,93 AND 94.ZEPHYRHILLS COLONY COMPANY LANDS,LOCATED IN SECTION 3.TOWNSHIP 26 SOUTH,RANGE 21 EAST,AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 1,PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY,FLORIDA. CONTAINING 18.78 ACRES MORE OR LESS. ALL BEING SUBJECT TO EASEMENTS AND RESERVATION OF RECORD_ FEB_ 14_2006). 3:5f6PM FENN ING IUN LAW F l KM PAGE 001/003 Florida DINU, 3L4E str, I 0 f or 4t.partment of mie I certify from the records of this office that EILAND PARK TOWNaOM S ASSOCIATION, INC. is a corporation Organized under the laws of the State of Florida, filed on February 13, 2006. The document number of this corporation is N06000001527. I further certify that said corporation has paid all fees due this office through December 31, 2006, and its status is active. d�3 I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code, 106A00010607-021406-N06000001527-1/1, noted below. 6 0 07-021406-N06000001527-1/1 Authentication Code: 10 30 0106 OR BK 6843 PG 1566 c 58 of 80 trite Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Fourteenth day of February, 2006 5I C .,� one t. Cobb .cnctarp ofYtafe EXHIIBIT 2 FH. 14. ZUUh`. J:5bFNI FtN1 Nt]I0N LAW FIKIl PAGE 002/003 Floriaa Lxirv. JL4• -r. L a f �r r t ba P}rartment of tate I certi the attached is a true and correct copy of the Articles of Jr Incorporation of EILAND PARK TOWNHOMES ASSOCIATION, INC., a Florida tJ corporation, filed on February 13, 2006, as shown by the records of this ►` � office. 5�3 I further certify the document was electronically received under FAX audit ITp number H06000038947. This certificate is issued, in accordance with ►►►mt"",i section 15.16, Florida Statutes; and authenticated by the code noted belowm�[lj2 The document number of this corporation is N06000001527. fl[I�3 Authentication Code: 106A000106D?-021406-N06000001527-1/1 x K 843 P� 1567 ORB � 59 of Given under may hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Fourteenth day of February, 2006 "'�,.s +ue it• Cobb ... .:. .. i:1::.l Ii 33 1 CONTRACTOR ##tt c '.r,c t,,9 r S :;iJE: t.)I: I::'.I.(.:I . .' >, I . �,i• , 1 1 t i t i::a::1::::I:F'T i.1 i..1-�l.ta I L: Ii 11'1I L..E::t°dt��.ttl��i 1"r:}h•�I:,,::i C:�.I: . .f.�:a:':.i,, ,. .L. L`::=.... a..: rit:;:t:' )() •I•'•I Ix)i l"IC)I 1::: :H1...Y): ': ►. Iil ;'O III:.I::a:C:a nrfl I I.._Afi:l.::{. II I:. ::$ 34 )E:`##8207i'.;I:a `) DAL..J.I-IA,' ##:I.l:'i..."i'##:I. :9 C HE(::I�:. # >:L":;,.3 C 1:T'1' :`I•I:I: P'il: :)t.II.Jl;i'I::: HFI..:I: CONTRACTOR t R s 999999 TOTAL AM(:)tJN-T-n 4.,42 - :;t:=NT' i:;C)(�ilN.Y, fll::l:.l1IJNT C;I :NT E i"t(*f(:)I..)t`•!1 :0l:SI.:F :I:I:'T':I.(:)N,'I:'I:i:I:tiMT OA T A :()i /t:::R: :I.:I.4 _. 36:',000 .... 2 4..4;:? *ai at at?i- SOL...L h WASTE: FEE 'O fEf;l::::I VEI) 1:;'r ...................................................................................................