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THE MANAGEMENT OF VEGETATION WHICH ALLOWS FOR UPPER TREE CANOPY TRIMMING ONLY WITHIN THE EASTERLY 25
FEET OF TRACTS “P-1”, “P-2”, “P-3” AND “P-4” ALL IN ACCORDANCE WITH THE APPROVED PRESERVATION AREA MANAGEMENT
PLAN (THE “
PAMP
”) ON FILE WITH THE CITY OF PALM BEACH GARDENS. IN THE WESTERLY 5 FEET OF THE EASTERLY 20 FEET
OF TRACTS “P-1” THROUGH “P-4”, FPL SHALL HAVE THE RIGHT TO TRIM THE UPPER TREE CANOPY TO A HEIGHT NO LESS THAN
TWELVE FEET FROM EXISTING GRADE AND FPL SHALL HAVE THE RIGHT TO SELECTIVELY REMOVE PINE TREES AND
INVASIVE EXOTICS FROM SAID AREA. IN THE WESTERLY 5 FEET OF THE EASTERLY 25 FEET OF TRACTS “P-1” THROUGH “P-4”,
FPL SHALL HAVE THE RIGHT TO SIDE TRIM THE UPPER TREE CANOPY IN ACCORDANCE WITH THE PAMP. ABSENT A SITUATION
DEEMED AN EMERGENCY BY FPL, PRIOR TO FPL WORKING WITHIN THE TRANSITION ZONE, THEY MUST CONTACT THE CITY OF
PALM BEACH GARDENS CITY MANAGER AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. FPL IS HEREBY
GRANTED ACCESS TO THE TRANSITION ZONE IN PERPETUITY FOR MAINTENANCE PURPOSES IN ACCORDANCE WITH THE
AFOREMENTIONED RESTRICTIONS. ACTIVITIES PROHIBITED IN SAID TRACTS INCLUDE, BUT ARE NOT LIMITED TO,
CONSTRUCTION OR PLACEMENT OF BUILDINGS ON OR ABOVE GROUND, DUMPING OR PLACING SOIL OR OTHER SUBSTANCES
SUCH AS TRASH, THE REMOVAL OR DESTRUCTION OF TREES, SHRUBS OR OTHER VEGETATION OR ANY OTHER ACTIVITIES
DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE
HABITAT CONSERVATION OR PRESERVATION. AN EASEMENT OVER SAID TRACTS “P-1’ THROUGH “P-8”, INCLUSIVE, IS HEREBY
GRANTED IN PERPETUITY TO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR ACCESS AND MAINTENANCE
PURPOSES.
14.6
Seacoast Agreement and Reclaimed Water. Neighborhood Association may enter into a Reclaimed Water Agreement with Seacoast Utility
Authority (“Seacoast”) pursuant to which Seacoast will supply reclaimed water for the lakes within the Neighborhood. The Master Association may
assume Neighborhood Association’s obligations under such agreement and the costs and expenses due under such agreement shall be Common
Expenses (defined in the Neighborhood Declaration). Additionally, Master Association, to the extent available, is required to utilize treated wastewater
effluent for the irrigation system. Utilization of treated wastewater effluent will be an annual cost to Master Association and, upon commencement of
service, result in increased Master Association Assessments.
14.7
Wellfield Zone of Influence. The Community is located within Seacoast’s Hood Road wellfield zone of influence. As a result, water levels
in the project’s lakes will fluctuate and may decline significantly at certain times as a result of the wellfield pumpage and other factors. The priority
function of these water bodies is surface water management, not aesthetic or recreational. Further, it is currently contemplated that a number of Seacoast
above-ground potable water production wells shall be installed within the Community and portions of the project are subject to maintenance and access
easements in favor of Seacoast for twenty-four hour access seven days a week for such wells.
15.
FPL Site Disclaimer
. Purchaser acknowledges and agrees that FPL will be constructing a power distribution facility on the FPL Parcel
within the Community. DECLARANT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION, LOCATION OR
FUTURE MODIFICATIONS OF SUCH POWER DISTRIBUTION FACILITY.
16.
Hazardous Waste Management Plan
. Each Owner acknowledges and agrees that a Hazardous Waste Management Plan (“
Waste
Management Plan
”) for the non-residential uses within the Community shall be prepared by Seller and/or its successors who are Owners of lots within
the Community and approved by the City. The Waste Management Plan shall include off-site disposal plans, on-site waste handling, generation and
emergency procedures for each generator of hazardous waste.
17.
Commercial Units
. Purchaser acknowledges that plans to develop the Community may include portions which are intended for any type of
independent ownership and for use and occupancy as a commercial, office, retail, hotel, school, church, public use or business establishment
(“
Commercial Units
”) as may be hereinafter developed and used. Non-residential uses within the Community shall be subject to a Waste Management
Plan which shall include off-site disposal plans, on-site waste handling, generation and emergency procedures for each generator of hazardous waste.
18.
Irrigation System
. At such time as made available to the Community, the irrigation system may utilize treated wastewater effluent. Due to
water quality, irrigation systems may cause staining on homes, other structures or paved areas. It is each Owner’s responsibility to timely treat and
remove any such staining. Neighborhood Association or Master Association may require from time to time, that Owners adopt systems to prevent
stains (e.g., automatic deionization systems). Owners are prohibited from directly using the lakes and/or waterways for irrigation or for any other
purpose. Neighborhood Association, Master Association, Facility Owner and/or NPBCID may use waterways and lakes to irrigate Common Areas
and/or the Facility, as applicable. Subject to applicable permitting, Seller, Builder, Neighborhood Association, Master Association, Facility Owner
and/or NPBCID, shall have the right to use one or more pumps to remove water from lakes and waterbodies for irrigation purposes at all times. Seller
and/or Builder may utilize a computerized loop system to irrigate the Common Areas, homes, lots and/or Commercial Units (defined below).
20.
Utilities.
20.1
Purchaser acknowledges that no individual septic tanks and no individual wells shall be permitted.
20.2
If Purchaser has any questions about utility rates, services, safety, or anything else to do with overhead or underground transmission or utility
lines, Purchaser should contact the utility companies directly. Because Seller values Purchaser’s safety and that of Purchaser’s neighbors, no
excavation or trenching should be done without first calling the utility companies for the location of buried utilities. There is currently no charge by the
utilities for this service. This is especially important in utility easements where buried utility equipment is probable. Digging without advance
notification and approval of the utility companies may be illegal, is dangerous and can result in severe personal injury or death to Purchaser and
Purchaser’s neighbors, and can also result in severe property damage to homes, property and utility equipment.
21.
Regulatory and Governmental Approvals.
The Community is within Alton Development of Regional Impact (“
Alton DRI
”) created
pursuant to the Alton DRI Development Order by Resolution 80, 2009 as may be amended from time to time. For more information on the approvals
required and pending in the Neighborhood, the Community, or the Alton DRI, Purchaser should contact the City of Palm Beach Gardens Planning and
Zoning office at 561-799-4100.
22.
Prices/Market Values.
Seller and Builder(s), shall have the unilateral right to establish prices for the homesites and the homes it builds in the
Community. Accordingly, any of the foregoing may, at its sole discretion, increase or decrease the price or the price per square foot for any home,
homesite or option at any time, or offer incentives for sales of homesites and homes, all without notice to Purchaser. Once Purchaser has signed the
Agreement establishing a price for the Property, the prices for any subsequent changes or upgrades to the Residence as requested by Purchaser,
including but not limited to design, floor plan, options, materials or otherwise, are subject to change by Seller until a written and signed agreement on
the price is reached by Seller and Purchaser for such change or upgrade. Seller makes no representations or warranties that the price for the Property or
options in the Residence will be increased or decreased for other buyers of identical or similar homes or options. Seller also makes no representations
or warranties that changes or options made by Purchaser will or will not increase or decrease the market value of the Property, and Purchaser
understands and agrees that such upgrades or options may not increase or may actually decrease the market value of the Property. The Property is being
sold for residential purposes and not as an investment.
23.
Construction and Sales Activities
. PURCHASER ACKNOWLEDGES THAT MANY AREAS OF THE COMMUNITY MAY BE
UNDER DEVELOPMENT AND/OR CONSTRUCTION FOR AN EXTENDED TIME. INCIDENT TO THE DEVELOPMENT AND
CONSTRUCTION PROCESS, THE QUIET ENJOYMENT OF THE COMMUNITY MAY BE UNAVOIDABLY INTERFERED WITH TO SOME
EXTENT BY THE DEVELOPMENT AND CONSTRUCTION OPERATIONS. Construction, development and sales activities in the Community
and/or Neighborhood will likely occur after Purchaser has taken occupancy of the Residence which may result in some inconvenience to Purchaser and
Purchaser’s family and guests due to increased noise, dust, road closures, operation of the model homes and sales offices (including sales trailers), and
other activities. Construction activities can occur at various hours throughout the day, and sales activities can result in additional traffic and visitors
throughout the Community, particularly before the Community is completely built out. Neither Seller nor any Builder that may be active in the
Community can guarantee that Purchaser will not be affected or impacted as a result of the overall construction and development of the Community.
Purchaser acknowledges that while the Community is under development and/or construction, conditions within the Community may include various