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1.20. “Neighborhood” or “Neighborhoods” means and refers to the NeighborhoodProperty defined herein which comprises a unique geographic area for which Neighborhood Assessmentsare applicable. Neighborhoods may be platted in subsequent phases by subsequent plats and shall eachhave its own Declaration of Covenants, Conditions and Restrictions for each Neighborhood. The terms“Neighborhood”, “Neighborhoods” and “Subdivision” mean the same thing and may be usedinterchangeably within this Neighborhood Declaration.1.21. "Owner" or “Lot Owner” or “Unit Owner” means the single or multipleowner of record of the fee simple title to any Lot, excluding those having such interest merely as securityfor the performance of an obligation.1.22. "Plat" means the plat of (i) Grand Palm, Phase 1A, as recorded in OfficialRecords Plat Book , Pages through of the Public Records of Sarasota County, Florida;and, (ii) any and all additional plats recorded as part of the addition of other real property within theNeighborhood and Project as described in Article 2.1.23. “Property” or “Properties” or “Neighborhood Property” means the landssubject to this Neighborhood Declaration within this Neighborhood and as set forth in Exhibit “A”,attached hereto and incorporated herein, as same may be amended.1.23a. “Project” or “Grand Palm” or “Grand Palm Project” means all the landssubject to the Master Declaration, as same may be amended.1.24."Public Records" means the Public Records of Sarasota County, Florida.1.25. “Regular Member” means all Owners with the exception of the DeclarantMembers. Voting rights for Regular Members are set forth in Article 3.1.26. "Subdivision" as referred to in this Neighborhood Declaration means all of theNeighborhood Property and any additions thereto pursuant to Article 2, including but not limited to allimprovements to the Subdivision for or benefiting the Neighborhood Common Property within theNeighborhood, as same may be reflected on any Plat for the Neighborhood, or as same are otherwisedesigned, built, constructed, manufactured or placed in, on, under, over, across or within theNeighborhood. Such improvements on the Neighborhood Common Property may include, but not belimited to: (a) the private roadways within the Neighborhood, (b) private amenities situate onNeighborhood Property, (c) landscaping on the Neighborhood Common Property, and (d) all otherCommon Elements or improvements on Neighborhood Property designated in this NeighborhoodDeclaration as Common Property of the Neighborhood, (herein collectively referred to as the“Neighborhood” or “Subdivision Improvements”). The terms “Neighborhood”, “Neighborhoods” and“Subdivision” mean the same thing and may be used interchangeably within this NeighborhoodDeclaration.1.27."Turnover Date” or “Turnover” means the earliest of the following dates:(a)The effective date on which Declarant Member surrenders its right to Declarantmembership in writing; or(b)Such earlier date as may be required by law then in effect at the time ofrecordation of this Neighborhood Declaration.1.28.“Unit” shall mean and refer to the individual residential structure constructed5-

on a Lot.1.29. “Water Utility” shall mean Blackburn Water Conservation, LLC, a stormwaterutility, its successors, transferees and assigns. The Water Utility, also referred to herein as a stormwaterutility, may enter into various stormwater reuse agreements with the Neighborhood Association and/or theMaster Association to provide irrigation and irrigation water to the Neighborhood (the “StormwaterReuse Agreement”).ARTICLE 2PROPERTY2.01. Initial Property. The Neighborhood Property is subject to this NeighborhoodDeclaration. The Neighborhood Property is set forth in Exhibit “A”, attached hereto and incorporatedherein, as same may be amended.This Neighborhood Declaration does not and is not intended to create acondominium within the meaning of The Florida Condominium Act, Florida Statutes Section718.01, et seq., and none of the Neighborhood or the overall Project falls within or under TheFlorida Condominium Act.2.02. Additions.Declaration as follows:Additional lands may become subject to this Neighborhood(a)Declarant shall have the right, without further consent of the NeighborhoodAssociation, to bring within the plan and operation of this Neighborhood Declaration anyproperty which is contiguous or nearly contiguous to the Neighborhood. Such additionalproperty may be subjected to this Neighborhood Declaration as one parcel or as severalsmaller parcels at different times. Any additions under this Article shall be made byfiling an Amended or Supplementary Neighborhood Declaration with respect to theadditional property, which shall extend the operation and effect of the Covenants and thisNeighborhood Declaration to such additional property. The Amended or SupplementaryNeighborhood Declaration may contain such complementary additions and/ormodifications of the Covenants contained in this Neighborhood Declaration as may bedetermined by Declarant to reflect any unique characteristics of the additional property,provided that such additions and/or modifications are not materially and substantiallyinconsistent with this Neighborhood Declaration. Notwithstanding anything to thecontrary herein, Declarant and/or Developer reserve the right to make any modifications,changes, or deletions to the landscaping and landscape buffers of the NeighborhoodProperty upon the addition of property to the Neighborhood. Declarant shall also havethe right to plat and/or re-plat any Property within the Neighborhood.(b)Upon approval in writing of the Neighborhood Association, pursuant to anaffirmative vote of the Owners of two-thirds (2/3rds) of all of the Lots then subject to theNeighborhood Declaration, the Owner (other than Declarant) of other propertycontiguous or nearly contiguous to the Neighborhood who desires to add it to the plan ofthis Neighborhood Declaration and to subject it to the jurisdiction of the NeighborhoodAssociation, may record an Amended or Supplementary Neighborhood Declaration withrespect to the additional property, which shall extend the operation and effect of thisNeighborhood Declaration to such additional property.6-

(c)Nothing herein, however, shall obligate Declarant to add any property to theNeighborhood, or to develop any such future portions, or existing portions, under anycommon scheme of development as such additions may not be developed similar to theNeighborhood and Project, and Declarant hereby expressly reserves the right to changethe scheme of development of the Neighborhood and change any uses in theNeighborhood, nor does this Neighborhood Declaration prohibit Declarant from rezoningand changing plans with respect to such future portions. All Owners, by acceptance of adeed to or other conveyance of their Lots, shall be deemed to have automaticallyconsented to any such rezoning, change, addition or deletion thereafter made byDeclarant and shall evidence such consent in writing if requested to do so by Declarant atany time (provided, however, that the refusal to give such written consent shall notobviate the general and automatic effect of this provision).2.03. The Property. Each of the Lots shall be developed and used solely forresidential use in accordance with this Neighborhood Declaration. No business, commercial, religious,charitable or other enterprise of any kind shall be maintained upon or in connection with the use of anyLot. No residence or part thereof on any Lot shall be rented separately from the rental of the entire Lot.However, the Declarant shall have the right to maintain facilities on the Lots owned by the Declarant forsales and promotional purposes, and for maintenance purposes. The overall Grand Palm developmentProject as depicted on site plans and drawings currently provides for a mixed use community of bothresidential uses on the Lots and commercial uses in areas designated as commercial on site plans. Thetypes of residential uses may vary throughout the Project and the Neighborhood, and Declarant and/orDeveloper reserves the right to change the scheme of development of the Grand Palm Project and theNeighborhood and to change the types and sizes of residential uses in the Project and Neighborhood at itssole and absolute discretion so long as Declarant or Developer owns any property within the Projectand/or Neighborhood.2.04Master Declaration. All Owners are hereby notified that all Property within theNeighborhood shall also be subject to the Master Declaration, and all rules and regulations of same,including all rules, regulations, criteria, guidelines, standards and specifications of the Master ARC, all asset forth further in the Master Declaration, Master Articles and Master By-Laws.ARTICLE 3MEMBERSHIP IN NEIGHBORHOOD ASSOCIATION3.01. Membership. The Owner of each Lot shall be a Member of the NeighborhoodAssociation. There shall be no other Members except that the Declarant shall be a Member as hereinafterprovided. Each Owner accepts membership and agrees to be bound by this Neighborhood Declaration,the Neighborhood Articles and Neighborhood By-Laws and any and all rules and regulations, includingany standards, specifications, guidelines, architectural review standards and decisions, or the like, madepursuant thereto. Membership is appurtenant to the ownership of a Lot and may not be transferredseparately from the transfer of ownership of the Lot. Membership terminates upon the termination of anOwner's interest in a Lot.3.02. Voting Rights. For the purposes of voting rights, the Neighborhood Associationhas two types of memberships which are (a) Regular Member and (b) Declarant Member. RegularMembers are all Owners with the exception of the Declarant Members, if any. Regular Members areentitled to one vote for each Lot in which such Members hold a required ownership interest. There shallbe only one vote for each Lot, which vote shall be exercised among the Owners as provided in theNeighborhood By-Laws. Declarant Members are the Declarant and any successor or assignee ofDeclarant having an interest in the Subdivision for the purpose of development and sale. The Declarant7-

Members shall have a number of votes equal to three (3) times the total number of votes then held byRegular Members, plus one additional vote. If there is more than one Declarant Member, they shalldivide and apportion their votes as they may agree. Declarant membership shall terminate on theTurnover Date. After the Turnover Date, Declarant Members who then own Lot(s) shall be RegularMembers.3.03. Control of Neighborhood Board During Development. Prior to the TurnoverDate, Declarant shall have the right to designate, appoint and remove members of the NeighborhoodBoard, and directors designated by Declarant need not be Members. Election of directors shall otherwisebe as provided in the Neighborhood By-Laws. After the Turnover Date, the Declarant shall be entitled toelect at least one member of the Neighborhood Board so long as Declarant holds for sale in the ordinarycourse of business at least five percent (5%) of the Lots within the Subdivision, or such lower percentageof Lots as is required by law then in effect at the time of recordation of this Neighborhood Declaration.ARTICLE 4NEIGHBORHOOD COMMON PROPERTY4.01. Description of Neighborhood Common Property.The NeighborhoodCommon Property shall consist of the following; provided however, Neighborhood Common Propertyshall not include any portion of the Subdivision which Declarant has conveyed to any other governmentalauthority or community development district, such as the District, nor any part of the Subdivision retainedby Landowner, owned by the Water Utility, or owned by the Master Association:(a)The Neighborhood Common Property owned by or granted or leased to theNeighborhood Association, or the use of which has been granted to the NeighborhoodAssociation, together with all improvements thereto, as same may be described hereinthis Neighborhood Declaration and/or designated on any recorded plat of theNeighborhood Property. Such Neighborhood Common Property may include, but is notlimited to: (i) the private Neighborhood roadways set forth on the Plat, including theareas identified as a private roadway easement thereon; and (ii) any Neighborhoodamenities as designated on the Plat as being part of the Neighborhood Common Property,such as but not limited to, any Neighborhood pocket park and the like.(b)Any and all signage, including, but not limited to, stop signs, warning signs, andspeed limit signs, located anywhere within the Neighborhood Common Property.(c)Such additional Neighborhood Common Property as Declarant may elect to addand other Neighborhood Common Property that may be acquired by the NeighborhoodAssociation as hereinafter provided. Declarant reserves the right to amend, modify oralter the development plan and scheme of the Neighborhood Common Property in anyway the Declarant deems fit in its sole and absolute discretion; provided, suchamendment does not delete or convey to another party, other than any NeighborhoodAssociation or the District, any Neighborhood Common Property designated, submittedor committed to common usage if such deletion or conveyance would materially andadversely change the nature, size and quality of the Neighborhood Common Property.(d)The Neighborhood Common Property and all amenities thereon, includingspecifically any pools, are purely private and shall not be permitted to be used for anypublic events whatsoever.8-

4.02. Members Easement of Enjoyment. Every Member shall have a non-exclusiveeasement for the use and enjoyment of the Neighborhood Common Property. Said easement isappurtenant to and passes with the Member's Lot. The easement is subject to this NeighborhoodDeclaration and rules and regulations, including any standards, specifications, guidelines, or the likepromulgated by the Neighborhood Board.4.03. Delegation of Use. Any Owner may delegate his right of use of theNeighborhood Common Property to the members of his family, tenants or social guests, subject to thisNeighborhood Declaration.4.04. Waiver of Use. No Owner may exempt himself from personal liability forNeighborhood Assessments nor release the Lot owned by him from the liens and charges for suchNeighborhood Assessments by waiver of the use and enjoyment of the Neighborhood Common Propertyor non-use thereof, or the abandonment of his Lot.4.05. Extent of Member's Easement. The rights and easements of enjoyment createdherein are subject to the following:(a)The right of the Neighborhood Board and Master Board to establish reasonablerules and regulations, including any standards, specifications, guidelines, or the like,governing the use of the Neighborhood Common Property.(b)The right of the Neighborhood Association to dedicate or transfer all or any partof the Neighborhood Common Property to any public agency, district or authority, or theDistrict or any Neighborhood Association, for such purposes and subject to suchconditions as may be agreed to by Declarant or the Neighborhood Association. No suchdedication or transfer shall be effective unless approved by Members entitled to cast twothirds (2/3rds) of the votes of the membership after written notice of the proposed actionis sent to every Member not less than sixty (60) nor more than one hundred twenty (120)days in advance of any action taken.(c)The right of Declarant or the Neighborhood Association, by its NeighborhoodBoard, to dedicate or transfer any public or private utility, drainage or utility easementsthat are Neighborhood Common Property or are located on Neighborhood CommonProperty.(d)The right of Declarant to reserve onto itself additional non-exclusive easementsin, on, under, through or over Neighborhood Common Property, and the right ofDeclarant to grant additional non-exclusive easements in, on, under, through or overNeighborhood Common Property to owners of property not part of the Neighborhood orthe Project for the purposes of access, ingress, egress, utilities or drainage.(e)The right of the Neighborhood Association through the Neighborhood Board,with the written consent of Declarant prior to the Turnover Date, and without suchconsent thereafter, to grant such drainage, utility and access easements in, on, under,through, or over the Neighborhood Common Property, or any part thereof, togovernments having jurisdiction, providers of utilities or Declarant, provided sucheasement, in the judgment of the Neighborhood Board, will not unreasonably interferewith the use of the Neighborhood Common Property for its intended purpose.9-

(f)The right of the Neighborhood Association and Master Association to suspendthe rights of a Member, or a Member’s tenants, guests, or invitees, to use theNeighborhood Common Property for infractions of this Neighborhood Declaration or anyrules and regulations, including any standards, specifications, guidelines, or the like,governing the use of the Neighborhood Common Property.(g)The terms of this Neighborhood Declaration, the Master Declaration, the Codeand the terms of all governmental approvals affecting the development of theNeighborhood, including rules, regulations and rights of the District, and the rights of theCounty.(h)The terms of the Master Declaration and right of the Master Association tosuspend the rights of a Member , or a Member’s tenants, guests, or invitees, to use theNeighborhood Common Property for infractions of the Master Declaration or thisNeighborhood Declaration or any rules and regulations, including any standards,specifications, criteria, guidelines, or the like, governing the use of the NeighborhoodCommon Property as may be adopted by the Master Board and/or the Master ARC.(i)MEMBERS’ USE OF THE NEIGHBORHOOD COMMON PROPERTY ISSUBJECT TO ALL OF THE PROVISIONS OF THIS NEIGHBORHOODDECLARATION, INCLUDING ARTICLE 12 AND THE PROVISIONS SET FORTHBELOW:DECLARANT, THE NEIGHBORHOOD ASSOCIATION AND LANDOWNER SHALL NOT BEOBLIGATED TO PROVIDE SUPERVISORY PERSONNEL FOR ANY PARK, LAKE,RECREATION AREA, WETLAND, NATURE AREA, AMENITY OR ANY OTHERCOMPONENT OF THE NEIGHBORHOOD COMMON PROPERTY OR THENEIGHBORHOOD OR THE PROJECT, INCLUDING BUT NOT LIMITED TO ANY POOL,POOL HOUSE, GATHERING AREA, TOT LOT/PLAYGROUND, BOARDWALK, OR ANYAND ALL OTHER AMENITIES OR FEATURES, WHATSOEVER, OF, ON OR AFFECTINGTHE NEIGHBORHOOD COMMON PROPERTY OR THE NEIGHBORHOOD OR THEPROJECT. ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIMEWILDLIFE, INCLUDING BUT NOT LIMITED TO: ALLIGATORS, SNAKES, ANTS, MICE,BEES, WASPS, AND OTHER STINGING INSECTS (HEREINAFTER “WILDLIFE”) MAYHABITAT OR ENT

Bradenton, Florida 34205 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR . 2012, by RESOURCE CONSERVATION OF SARASOTA, LLC, a Florida limited liability company (collectively the "Declarant" or "Developer"), whose mailing address is 8210 Lakewood Ranch Blvd., Lakewood Ranch, Florida 34202. W I T N E S S E T H: WHEREAS .