ALTON Combined Disclosure & HOA Documents

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construction hazards, including nails in the street, sandy streets, the drains being covered with silt material, and water levels higher than normal. Seller and/or Builder(s) are not responsible for reimbursement of costs associated with such construction hazards. Unauthorized visitors and minors are strictly prohibited from construction sites. Seller gives no guarantees or assurances on the times in which the Community, model homes, or model park areas may experience increased levels of activity or traffic. Homesites across the street or next to the model homes, or elsewhere, may remain undeveloped until Seller determines that these homesites are no longer needed for marketing purposes. 24. Views . Future development and construction activities in the Community can and will modify the view from homesites (including but not limited to the Lot). Trees and other foliage may be added or removed from lots or Common Areas within the Community, and/or the Facility. Facility Owner may make changes and may add or remove trees and other foliage that may impact the view from homesites. Additional housing and other improvements will be added within the Community. Because future development and construction activities in the Community will modify views from homesites, Seller does not warrant or guarantee any existing views will be maintained in the future relative to the Property. 25. Streetlights . Numerous streetlights will be installed within the Community, many of which will be installed after homes have been completed, sold and occupied. Streetlights are sized and placed in accordance with local ordinances, and could in some instances generate light in or obstruct views from homes in the Community. 26. Trees and Foliage . The Community contains trees of various sizes and varieties. While Seller has taken care during the planning and construction of the Community to save trees, future development and construction will require the removal of additional trees, shrubs and other foliage and, therefore, Seller does not guarantee the preservation of any trees, shrubs, ground cover or other foliage in the Community or the Lot, and cannot be responsible for short or long-term damage to foliage due to construction or development activities. Seller makes no representation or warranty that trees on the Lot being purchased or any other homesite or Common Area in the Community will not be removed. All care and maintenance of foliage on an individual homesite is the responsibility of the homeowner, and Seller does not guarantee or warranty the survival of any foliage. 27. Telecommunications Agreement(s) . Master Association or Neighborhood Association may enter into a bundled services contract with one or more telecommunications providers (the “ Service Provider ”) for video (cable), internet, alarm and telephone services (the “ Telecommunications Agreement(s) ”). The Telecommunications Agreement(s) will require that Purchaser purchase all such services from the Service Provider at retail rates which will be subject to annual increases. An affiliate of Seller will be entitled to compensation from the Service Provider for causing Master Association or Neighborhood Association to enter into the Telecommunications Agreement(s), which may include flat fees and receiving a portion of the gross revenues paid by members of Master Association or Neighborhood Association to the Service Provider. 28.1 The information set forth in this section contains an overview of facilities and conditions which may affect some or all homesites in the Community (including but not limited to the Lot). Because Seller does not have control over the development, Seller does not warrant or guarantee any future development of the entire Community, usage, or lack of development or usage for properties located within the Community, or their possible impact on the residents of the Community. For additional information about offsite features that may affect the purchase of the Property, please contact the local governmental authorities having jurisdiction over the Community and the surrounding properties. 28.2 Seller advises Purchaser that some of the homesites (including but not limited to the Lot) are or may be adjacent to or near some of the following: DRAINAGE CHANNEL, STORMWATER DETENTION FACILITY, COMMUNITY CENTER, SCHOOL FACILITY, PARK, SCHOOL SITE, SPORTS FACILITY OR BALL FIELD, COMMUNITY LAKES, PARK AND/OR RECREATION FACILITY, ROADWAYS, RAILROAD TRACK, UTILITY AND DISTRIBUTION LINES, LIFT STATION, UTILITY EASEMENTS. Purchaser acknowledges that such facilities may impact noise, vibration, lighting, traffic and other conditions caused by daily operations of the facility. 28.3 As a result of the open spaces and bodies of water in and around the Community, Purchaser may periodically find wild animals within the confines of the Community including, but not limited to, skunks, armadillos, nutria, opossums, deer, raccoons, spiders, snakes, bees, fire ants, alligators and other animals, reptiles and other insects common to the area. Contact with any of the foregoing can be dangerous. Should Purchaser encounter any such hazard, Purchaser is encouraged to contact the local animal control office for further instructions. 28.4 The Community is located adjacent to properties which will be developed with major commercial and retail uses. The development of such uses adjacent to the Community may increase traffic volumes, noise, odors, outdoor lighting, pedestrian activity and other similar impacts resulting from commercial development. 28.5 Purchaser acknowledges that Seller and/or Builder’s current development plans for the Community where the Residence and Lot are located may change and that no representations or warranties are made concerning the development of the Community, or any property adjacent to, surrounding, or near such Community. 29. County Taxes, Charges and Fees. Property within the Community is subject to NPBCID, Palm Beach County and/or City of Palm Beach Gardens taxes, utility charges, fees and may become part of a special taxing district. For additional information, contact the Palm Beach County Tax Collector. 30. Dispute Resolution and Limitation on Litigation. Purchaser acknowledges and agrees that it is in the best interest of all concerned to encourage the amicable resolution of disputes involving the Neighborhood and/or the Community without the emotional and financial costs of litigation. Accordingly, Purchaser agrees not to file suit in any court with respect to a Claim (defined in the Neighborhood Declaration) unless and until it has first submitted such Claim to the alternative dispute resolution procedures set forth the Neighborhood Declaration in a good faith effort to resolve such Claim. 31. Addendum not a Substitute. Purchaser acknowledges and agrees that this Addendum is not a substitute for reading the entire Document Book. For a more detailed explanation of any section contained in this Addendum, refer to the Document Book. 32. Statements Made by Sales Staff and Brokers . Seller wants to ensure that Seller and Purchaser are in full agreement on all terms and conditions relating to the Agreement. To best ensure that there are no misunderstandings, Purchaser agrees that each and every term and condition (including all statements, representations, or understandings upon which Purchaser relies in purchasing the Property) is set forth in writing in the Agreement. If there are any statements, representations or understandings which are made by a sales staff person or any other representative of Seller which are material to Purchaser’s decision to purchase, Purchaser should insist that any such statement, representation or understanding is put in writing and contained in the Agreement; otherwise such statement is not legally binding. 33. NPBCID Assessments and Bonds. NPBCID IMPOSES ASSESSMENTS ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE ASSESSMENTS ARE IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. 33.1 DISTRICT DEBT SERVICE ASSESSMENTS. NPBCID HAS ISSUED WATER CONTROL AND IMPROVEMENT BONDS (THE “ BONDS ”) TO FINANCE THE COST OF THE PUBLIC INFRASTRUCTURE OF THE COMMUNITY WHICH MAY INCLUDE WITHOUT LIMITATION, (I) WATER MANAGEMENT AND CONTROL LANDS WITHIN THE COMMUNITY AND THE CONNECTION OF SOME OR ANY OF SUCH FACILITIES WITH ROADS AND BRIDGES; (II) ROADS AND BRIDGES; (III) WATER SUPPLY; (IV) SEWAGE COLLECTION; (V) WASTEWATER MANAGEMENT, RECLAMATION, AND REUSE OR ANY COMBINATION THEREOF; (VI) CONNECTING INTERCEPTING OR OUTLET SEWERS AND SEWER MAINS AND PIPES AND WATER MAINS, CONDUITS, OR PIPELINES IN, ALONG, AND UNDER ANY STREET, ALLEY, HIGHWAY, OR OTHER PUBLIC PLACE OR WAYS AND TO DISPOSE OF ANY EFFLUENT, RESIDUE, OR OTHER BY PRODUCT OF SUCH SYSTEM OR SEWER SYSTEM; AND (VII) STREET LIGHTING (COLLECTIVELY, THE “ PUBLIC INFRASTRUCTURE ”). THE BONDS WILL BE REPAYABLE FROM NON AD VALOREM SPECIAL ASSESSMENTS (THE “ DISTRICT DEBT SERVICE ASSESSMENTS ”) IMPOSED BY NPBCID ON PROPERTY WITHIN THE 28. Facilities and Conditions Affecting Homesites .

Date Modified: 11/24/15 Date Printed: %TodaysDate%

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