3 / 401
Developer’s lot reference %UnitAccountCode%
%
Community%
Date Modified: 11/24/15
Page 3 of 10
Date Printed: %TodaysDate%
%AllBuyersFullName%
9.
Municipal Building Codes and Ordinances.
Every city or town has building codes and other ordinances that regulate what is permissible
within its jurisdictional limits. Prior to making changes to your Residence or Lot, you should contact the Code Enforcement Department for the City of
Palm Beach Gardens at 561-799-7245
for further information concerning local codes and ordinances. Seller is not responsible for notifying Purchaser
or any other homeowners of the content or restrictions contained in any local codes or ordinances.
10.
Architectural Review.
10.1
The Neighborhood Declaration and Master Declaration currently provide that no improvements shall be commenced upon any homesite, nor
shall the exterior color, style, roof, landscaping, and materials of an approved structure on a homesite be altered without the prior written approval of the
Master ARC or the Neighborhood ARC, as applicable, which is appointed by the Board of Directors of Master Association or Neighborhood
Association, as applicable. Improvements constructed by Seller and/or Builder are exempt from this review. Approval of any work by the Master ARC
or the Neighborhood ARC, as applicable, shall not constitute an express or implied warranty or representation by the Master ARC or the Neighborhood
ARC, as applicable, that any work complies with applicable codes, ordinances or other governmental regulations, or that the work is well designed or
will be constructed in a proper manner. Decks, fences and exterior color are among the more common, although not the only, improvements for which
architectural approval is required. For more information concerning architectural review, please review the Master Declaration and Neighborhood
Declaration.
10.2
Failure to submit plans and specifications to the Master ARC or the Neighborhood ARC, as applicable, for approval is a violation of the
Neighborhood Declaration and Master Declaration, which may result in sanctions and/or the imposition of fines, and the removal, at homeowner
expense, of any non-approved modifications.
11.
Pet Restrictions
. Purchaser understands that the only pets allowed in the Neighborhood and the Community are those which are in
accordance with the restrictions contained in the Neighborhood Documents, the Community Documents or any amendments thereto.
12.
Leases; Short-Term Rentals
. Purchaser acknowledges that homes in the Neighborhood may not be rented to transient tenants. No
Residence may be subject to more than one (1) lease in any twelve (12) month period, regardless of the lease term. No time-share or other similar
arrangement is permitted. No lease term shall be less than one (1) year. Purchaser may contact Neighborhood Association if Purchaser has any
questions concerning short-term rentals. Notwithstanding the foregoing, Seller may develop rental projects or rent homes without limitation.
13.
Flood Zone
. Purchaser acknowledges that the Property may be in a flood zone. Mortgage lenders will typically require the issuance of flood
insurance as a requirement for financing, which insurance must be present at Closing. Seller recommends that each Purchaser of a home protect his/her
home by obtaining proper insurance coverage. It is possible, however, for Purchaser to submit documentation to the Federal Emergency Management
Agency (FEMA) to have the Residence re-classified by FEMA, whereby the mortgage lender may have the option to waive the requirement of flood
insurance. Purchaser is solely responsible for the submission to FEMA for such re-classification and any and all expenses related to such submission.
Further, Purchaser acknowledges and understands that the waiver of flood insurance is at the sole discretion of the mortgage lender.
14.
NPBCID, SFWMD and the Surface Water Management System.
14.1
NPBCID and SFWMD. Northern Palm Beach County Improvement District (“
NPBCID
”) is an independent special district of the State of
Florida and may be involved in the implementation and maintenance of various public benefits and improvements to the property located within the
Community, all of which is located within NPBCID’s Units of Development No. 2, 2A and 2C. The Community is also subject to the conceptual
surface water management plan as approved by the South Florida Water Management District (“
SFWMD
”), pursuant to the terms of SFWMD Permit
No. 50-00610-S-24 issued August 11, 2014, a copy of which is attached to the Master Declaration as Exhibit “G”.
14.2
Surface Water Management Systems. The Neighborhood is subject to a conceptual surface water management plan which has been approved
by SFWMD. Various real property interests have or will be conveyed to NPBCID for roads, stormwater retention, drainage, conservation areas and
buffers. The entire Surface Water Management System (defined in the Neighborhood Declaration) and other NPBCID facilities constructed pursuant to
the NPBCID plan of improvements shall be maintained by NPBCID unless the Master Association enters into a High Level Maintenance Agreement
with NPBCID to maintain a portion of the Surface Water Management System and/or such other NPBCID facilities. The Master Association may, in
turn, delegate certain of its maintenance responsibilities to the Neighborhood Association pursuant to a Maintenance Delegation Agreement.
14.3
Water Bodies. No swimming or operation of any motorized boats shall be permitted in or on any of the lakes, ponds, retention areas or other
water bodies which are dedicated or deeded to NPBCID or over which NPBCID has an easement, unless previously permitted in writing by NPBCID.
No removal of water nor discharge of any materials or water, nor removal or interference with aquatic vegetation or alteration of banks or shoreline of
any lake, pond, canal or retention area dedicated or deeded to NPBCID or to which NPBCID has an easement is permitted, unless previously approved
in writing by NPBCID. The priority function of these water bodies is surface water management, not aesthetic or recreational. Notwithstanding the
preceding sentence, a permit from SFWMD will be required for withdrawal of water for irrigation and where a permit, interlocal agreement or other
agreement is in existence from or with any entity that has the right to charge for withdrawal of water for irrigation, no other approval shall be required
for the removal of water in accordance with the overall IQ water irrigation system for the Neighborhood if such IQ water irrigation system has been
approved in writing by the entity having the right to charge for such removal and SFWMD. The canal and lake levels shall fluctuate based on, among
other things, the amount of rainfall occurring over time and the potable well water withdrawal by Seacoast, or the utility company having jurisdiction,
from the wells located within and adjacent to the Community.
14.4
Conservation Areas. Portions of the Community shall contain Conservation Areas (defined in the Neighborhood Declaration), as required by
the SFWMD. NPBCID will own, operate and maintain the Conservation Areas. The Conservation Areas for which NPBCID retains ownership shall be
maintained by NPBCID unless the Master Association contracts with NPBCID for the Master Association to maintain all or part of such Conservation
Areas. In the event NPBCID maintains the Conservation Areas, all individuals or entities owning or purchasing Units within the Neighborhood will
pay for such operation/maintenance expenses through NPBCID non-ad valorem assessments. In the event the Master Association contracts to maintain
such Conservation Areas, then such maintenance expenses will be paid by the Owner through their Master Assessments due the Master Association. In
the event the Association contracts with the Master Association to maintain such Conservation Areas, then such maintenance expenses will be paid by
the Owners through their Assessments. THE CONSERVATION AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF NPBCID OR THE
NEIGHBORHOOD ASSOCIATION, AS PROVIDED HEREIN, AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO,
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES
SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION – WITH THE EXCEPTION OF
EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING;
ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE; FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR
FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION.
14.5
Prohibition of Wetland and Upland Alteration. TRACTS “P-1” THROUGH “P-8”, INCLUSIVE, AS SHOWN ON THE PLAT, ARE
DEDICATED IN PERPETUITY TO THE COMMUNITY ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, AS CONSERVATION AREAS
FOR PRESERVATION, WATER MANAGEMENT, AND OTHER LAWFUL PURPOSES. SAID TRACTS SHALL BE THE PERPETUAL
MAINTENANCE OBLIGATION OF SAID ASSOCIATION WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. SAID
TRACTS MAY NOT BE ALTERED FROM THEIR NATURAL STATE WITH THE EXCEPTION OF THE REMOVAL OF EXOTIC NUISANCE
VEGETATION, THE CONSTRUCTION AND MAINTENANCE OF THE FIREBREAK AREAS LOCATED WITHIN THE EASTERLY 15 FEET
OF SAID TRACTS “P-1”, “P-2”, “P-3”, AND “P-4” AND FLORIDA POWER AND LIGHT COMPANY’S (“
FPL
”) TRANSITION ZONE FOR