I nstru ment  Prepa red  uy and to !Jc Retu rned to: Frnnk S. Palen. Esquire
CA LDWELL & PACETT I LLP P. 0. Box 2775
Palm  Beach. FL 33480-2775
PC N.: 146036-2900

Doc # 2005448796 0
Number Pages:34 .    R BK I2935 Page 44,
Fried & Recorded 121
JIM FULLER CLERKOB/2005 at 04:13 PM
RECORDING $290.50CIRCUIT COURT DUVAL COUNTY

MAINTENANCE AGREEMENT BETWEEN
PRINCIPAL ONE COMMUN ITY DEVELOPMENT DISTRICT AND
IL VILLAGIO COMM UNITY ASSO CIATION, INC.,

,.2..

THIS MAINTEN ANCE AGREEMENT (the ·'Ag reement") shall be effective as of the
1 s+	day of 6 c...{-.b er<..	. 2005 (the "Effective Date'") and i s being entered into by and

between PRINCIPAL ONE COMMUNITY DEVELOPMENT DISTRICT. a local uni t of special-purpose government establ i shed pursuant to Chapter 190. Florida Statutes, and located in the City of Jacksonvi lle, Duval County Florida (the "City"'). whose mai l i ng address i s c/o Special District Services. Inc., 1 1000 Prosperity Farm s Road. Sui te 104, Palm Beach Gardens. Florida 33410 (hereafter referred to as the  "District..).  and  IL  VILLAGIO  COMMU NITY ASSOCIATION, INC., a  Florida  not-for-profit  corporati on.  with  offices  at  9745  Touchton Road , Jacksonville, Florida 32246 (hereafter referred to as the "Association"). (The District and the Association are hereafter referred to individually as a ··Party" or collect ively as the "Parties".)

'VHEREAS . the District \Vas establi shed by the City of .J acksonville. Florida pursuan t to Ord ina nce 2004-706-E. adopted October 12. 2004 and Chapter 190. Florida Statutes. for the purpose of acquiring, planni ng,  financing. constructi ng. operati ng and/or  mai ntai ning certain
i n frastructure, incl ud ing surface  water  managem ent  system s.  water  and  sewer  system s. roadwa ys. landscaping. and certain other infrastructure as more ful l y described i n the Dist rict"s Plan (as defined  below); and,

'VHEREAS . District  ovms  or  v.1i ll  acquire  certain  parcels  of  real   property  located enti rely within the boundaries of the II Villagio Condom i nium Development (hereafter referred to as "JI Villagio"),which parcel s are designated as follo\;>,1s and are more specifically identified i n attached Exhibit "A" and are hereafter referred of collectively as the '·Property ...:

( 1)	Parcel "A " (± 1 .41 acres). being the Touchton Road En trance Tract. together with
Parcel "B" (± 1 .93 acres) water management parcel : together with
Parcel "C" (± 1 .69 acres) water management parcel.

'WHEREAS. there are located. constructed or i nsta l led upon the Property certain landscapi ng. faci l i ti es and physical improvements (col lectively. the ..I m provements··) ,,·hi ch require perpetua l care and m a i ntenance identified i n attached Exhibit "B": and

WHEREAS , i n order to assure that the Im provem en ts are adequa tely and properl y m a i ntained. the District has adopted certain m i ni m um standards and cr i teria (the ··Mai ntenance Standards.,), attached hereto as Exhibit "C"; and

'WHEREAS.  the  Association  i s  a   Florida   corporation   not- for- profit.   among   the respon sib i li ties  of  which  is  the  m a intenance.  repai r  and  managemen t  of  common  areas  and ph ysical i m provem ents within II V i llagio; and

\>VHEREAS. the Parties  hereto have  agreed that i t is i n their com m on interest for the District  to delegate to the Association and  the  Association  has agreed  to accept  the responsi bi l i ty of maintaini ng the Improvement s upon the District' s Property i n  accordance wi th  or  in  excess of the  District's  Maintenance  Standards; and

NO\"', THEREFORE , i n consideration of the m utual covenants. u nderstandings and agreem ents contained herein , the Association and the District agree as follov.1s:

SECTION  1.	RECITALS. The above  reci tals are deemed  true and  correct  to  the best  of their knowlelge and  are i ncorporated  i nto this Agreemen t and  made a part  hereof.

SECTION 2.	PARTIES TO THE AGREEMENT.	The  parties to thi s Agreem ent  are as follows:

District  i s an  independen t community  development  d i strict  established  by  the Cit y of
.Jacksonville.  Florida  pursuant   to  Ord i nance  2004-706-E. adopted  October   l 2. 2004  and  Chapter I 90. Florida  Statutes (together  herein  referred  to as the '·Enabl i ng Legislation.,).

The Association is a Florida not-for-profit corporation created to act as the Master Association for a residenti al condominium  com m uni ty known as II V i l lagio at Deerwood  Park ("II V ill agio"), as identifi ed i n that certain "Declaration  of  Covenants,  Restrictions  and Easements" recorded on October 12, 2004  as  Document  No.  2004327340  in  Official  Records Book  1 209 1 Pages 31 through 92. incl usive of the Public Record s of Duval County. Florida. as t hey presen tly appear or may be amended or supplemented from t ime to time.

SECTION 3.	DESCRIPTION OF THE PROP ERTY.

The Property that i s the  subject of  this Agreement  i s iden t i fied  i n  attached  Exhibit  "A" and  comprises  a  portion  of  the  site  of  II  V i llagio. which  lies  entirely  within  the ju risd i ct ional

boundari es of the District.

SECTION 4.	DESCRIPTION OF THE IMPROVEMENTS.

The Improvements are identified in attached Exhibit "B".

SECTION  5.	MAINTENANCE  STANDARD S

The Maintenance Standards are attached hereto and  i ncorporated herein as attached Exhibit   "C"

The  Ma intenance  Standards  may  be  changed  or  mod ified  from  time  to  tim e  by m utual written agreem en t of the Parties without the necessity of amend i ng thi s Agreement.

SECTION 6.	PROCEDUR E FOR ASSUMPTION OF MAI NTENA NCE RESPONSIBILITIES.

The Parti es agree that  the follovving procedures  shall  be appl icable  to  the turnover  of Maintenance Serv ice obligations to and their acceptance by the Assoc i ation:

Initia l  Joint Inspection. Prior to  com mencement  of  the  Assoc i a ti on 's obl igation to provide Maintenance  Services  for  the  Im provements.  the  District  shall  send  a Req uest for an Improvement Inspection (substantially i n accordance with the format set forth i n attached Exhibit "D") to the Associa tion, following which the Parties shall promptly schedule a joint  inspection of the therein identifi ed Jm prov ement(s) (the "Initial Joint Inspection ").

Wri tten Not ice of Acceptance.  Accepta n ce wi t h  Cond i t i ons or Rejection. Upon com pl etion of the Ini tial Joint Inspection , the Association shall have ten ( I 0) business days to prov ide written noti ce to the District, that:

)    the    Association    accepts    ma i ntenance    responsibili ty    for     the Improvements  without  obj ections  as  to  the  condition  of  any  one  or  m ore  of  the   subject Improvements; or

the   Association   accepts   maintenance    respon sibili ty    for    the Im provem ents prov ided the District agrees to rectify, repair and/or replace such of the deficient Im provement(s) as reasonably requested by the Association in i ts notice; or

) the Assoc i ation  refuses to accept  mai ntenance respon sibi lity for  the Im provement(s) until  such  time as the District  rectifi es  repai rs and/or  replaces  such  deficient Im provem ent(s) as set forth i n the Assoc iation's notice.

Fa ilure  of  the  Associat i on  to  provide  the  requ ired  wri tten  not ice  at  or

)

before  the  encl  of  the  tenth  ( I 0111

business  clay  shall   be  deemed   for   t he  purposes  of   t his

Agreement  as  the  equ iva len t  of  a   refusal   or  the  Assoc iation   to  accept   the  su bjec t   Publ ic l m provem en t(s).

Rem ed i a l   Ac ti on  a nd   I n spection.  If  the  Assoc i ation  ti mely  subm i ts  a written  notice of objection regardi ng the condition  of an Improvemen t  to the District  and  the District  agrees  with  the  objection.  then  the  Di strict  shal l  prom ptl y  commence   appropriate rem ed ial  recti fication, repai r and/or  replacem en t  actions as to same.   Upon  the  com pletion of remed ial activity. a Second Joint Inspection of those lmprovement(s) which were the subject of an obj ection shall be prom ptly scheduled. ff. upon completion of the Second Joint I nspection. the Im provemen t(s) are then in acceptable condi tion to the Association. the   Association shal l thereupon and thereafter be im mediately responsible for the provision of  l\llaintenance Services for same. The Association 's acceptance  of  main tenance  responsibi l ities  shall  be  confi rmed  i n writing. which acceptance shall not be unreasonably withheld .

Dispute Resolution. ff the District disagrees with any one or more of the Assoc iation's obj ections, the District shal l have five (5) bu siness clays fol lowing recei pt of the Association's objections. to notify  the  Association  in  wri ti ng  of  the  bas i s  for  d isagreement. Fol lowing which , the Parties shal l prom ptl y meet and make a d iligent, good fa i th effort to arrive al a m utually acceptable resoluti on of the d ispute.

If the pa rties are unable to arrive at a mutually  acceptable  resolut ion  of their di fferences. the District may then issue a final written request to the Associa tion tha t the Association  either  accept  the  Maintenance  Service  obligation  as  to  the  d isputed  l m provement(s) in  i ts/thei r  existing  condition  or  rej ect  same.  The  Association  shal l.  following  receipt  or such wri tten request, have ten ( I 0) business days within which to submit i ts wri tten  accepta nce  or rejection  to  the  District.  ff  the  Association   should   then  once  again   reject  acceptance  of  the f\llai ntenance   Service   for   the  disputed   lm provement(s).  then   i n   that   event   the   District   may  i m plem ent such prov i sion of maintenance for the  disputed  lmprove ment(s)  as  i t  deem s appropriate. Fai l ure of the Assoc iation  to provide the requi red  wri tten  notice at  or  before the encl

)

of the tenth (10111

business  clay  shall  be  deemed  for  th e  purposes of  thi s  Ag reem ent  as  the

equiva lent of a refusal of the Association to accept the subject Improvement(s).

SECTION 7.	ASSOCIATION 'S MAINTENANCE  RESPONSIBILITI ES.

The Association hereby agrees as fol lows:

As long as this Agreem ent shall remain i n effect. the Association shall be solely responsible for all costs and liabil i ties that are associated with or arise out of the Association·s prov i sion of those applicable Maintenance Services described i n attached Exhibi t "C" (the

"Maintenance Services.'). as they may be am ended from t ime to time by m utual agreement.

The Ma intenance Services shal l  be  provided  by  the  Associa tion  in  a  com petent and professional  manner using qual ified and experienced empl oyees  or  contractors.  with  such frequen cy as is necessary and reasonable i n the industry and und er the circumstances in order to ensure that  the Property and  the Im provements are  pro perl y maintai ned  and  con ti n ue  to  fu nction i n accordance with their intended purpose(s). In addition. since the Property wi ll requ i re different types of m ai ntenance. the maintenance interva ls and the time period s \Vi thi n wh i ch mai ntenance tasks m ust be performed by the Association shall  be  Oexible and adjusted  period ica ll y dependi ng on  the concl i ti on of the Property.  the Im provem ents and  their maintenan ce needs.

SECTION 8.    RESPONSIBILITY FOR ACTS OF FORCE MAJEURE.

The District and the Associat ion agree that the!vla intenance Services ident i fied herein or as su bseq uently assumed by the Assoc iation are not i ntended to, nor do they incl ud e. the repair or replacement of any Im provements on. u nder over or within the Property i f they are damaged as a direct resul t of a hurricane, tornado, freeze damage. fire. drought (if so orficia lly declared as such by S.IR W MD or other com petent regu latory authority) or Oood i ng. provided  that  such damage did not result  from any i ntentional or negligent act or omission of the Assoc i at ion or cou l d have been avoided tlu·ough the exercise of reasonable due care by the Assoc iat ion. Rather. the repai r and/or replacement of Improvements requi red beca use of such damage to the Property or  I mprovem ents  thereon  shall  be  the  responsibi li ty  of  District ; provided,  hO\vever.  that  the ti m i ng and extent of District 's repair and/or replacem en t of same shall be determ ined by District a t i ts sole reasonabl e discretion. Further, i t i s m utually acknowledged that any and a ll expenses or costs that m ay be incurred by District i n order  to  repair  or  replace  such  damaged Improvements shall be paid solely through funds collected as a resul t of District 's levy of non-ad valorem assessments upon the assessable real property located within t he Distr ict.

SECTION  9.		PAYMENT  OF ASSESSMENTS  DUE  AND  OWNIN G  TO DEER\\100D PARK NORTH  OWNERS' ASSOCIATION, INC.

The Pa rties acknO\-vledge that the Property may be subject to annual. special and ot her assessm ents i mposed by the Deerwood Park  North  Owners'  Assoc i ation  ("Deerwood Association") pursuant  to  those  certain  "Protective  Covenants  of  Deerwood  Park  North" recorded in Official Record Book 7181, Page 690. as  amended.  Official  Records  of  Duval County . Florida. The Association agrees to prom ptly pay all such assessments imposed upon the Property duri ng the term of this Agreement and \vi ii register i ts nam e and add ress with the Deerwood Associat ion as the party responsible to receive invoices.

SECTION 10.  COMPLIANCE    WITH    GOVERNMENTAL    REG ULA TIONS.     The
Maintenance Services once  assumed  by  the  Assoc i ation  for  the Property  shall  be  carried  out  i n stri ct  compliance  with  all  required   govenunental  enti ti es'  and  agencies· perm i ts. requ irements. ru l es,  acts.  orders.  regulation s  and  restrictions,  i ncluding.  but  not   l imited   to,  the   following enti ties:     (A)  the  District,  (B)   SJRWMD,  (C)  Florida   Department  of  Envi ronm ental   Protection.
County of Duval and (E) the City of Jacksonvi lle.

SECTION 11. DISTRICT INGRESS AND EGRESS. The assum ption by t he Associa t ion of the provision of Ma intenance Services for the Property shal l i n no way i nterfere wi t h or obstruct the District" s right of ingress and egress to and from said Property or i ts i nspection of sam e.

SECTION 12.  EMERGENCY   INTERVENTION   BY  DISTRICT.     In   the  event   of  an
emergency.  as  so  determined  by  Dist rict  in  its  reasonable  sole d iscretion.  and  rega rdless of  any l anguage i n  this Agreem ent to the contrary. the Dist rict reserves the un i latera l  right to im plemen t or  i ni tiate. wi thout advance notice. the  following:

the provision of lVf aintenance Serv ices to the Propert y. and

the upgrade, removal. repai r. relocat ion  and/or  repl aceme nt.  as  the  case  may  be.  or any im provements i n. OIL under or over  the Property on an  emergency  basis. It bei ng u nderstood that  fol lowing  termination  of  the  emergency  even t  and  conclusion  of   emergen cy   remedial actions. i f any. the District shal l so notify the Associa tion in writing and the Association shal l thereupon be obl igated to resume the provision of Ma i ntenance Services for the  su bjec t  Real Property.

SECTION 13. REMEDIES UPON ASSOCIATION DEFAULT. The Dist rict may elect any one of the following remedies i f the Association should defaul t in carry ing out the term s and cond i ti ons of this Agreement or ceases to be a not-for-profit corporation i n good sta nd i n g wi th the State of Florida. namely:

In the event the Association should fa i l to comply or sat isry the requi rem ents of Sections 9 (Compl iance with Governmental Regu lations} or 15 (Insurance) of this Agreem ent or ceases to be a not-for-profi t corporatio n i n good standi ng with the State of Florida. such fai lure shall be deemed a material breach of this Agreement.   In which event. the District. at i ts sole d iscretion and without advance notice. may elect to i ni t iate its own maintenance program and assume full control over som e or a ll of the  Propert y;  provided, however, the District  shall  be obl igated to give verbal or ,.vri tten notice to the Associat i on as soon thereafter as i s reasonably possible. but in no event less than two (2) business days after com mencement of the District maintenance  program.

Jf the Association should fail, refuse or neglect to furn ish any one or m ore of the requi red Mai ntenance Services within thirty (30) clays from the elate of receipt of wri tten notice of defaul t from the District , then in that event  the District, at i ts sole d iscretion  and wi thout furth er notice. m ay elect to i ni tiate a m aintenance program and assum e full control and maintenance  responsibility as to some or all of the Property.

A t such time as the District initiates a maintenance  program  for  the  Prope rt y.  the Assoc iation (following receipt of verbal or written  notice  from  District)  shall  thereupon immediately disconti nue the prov i sion of Maintenance Services as to sam e unti l such t im e as i s otherwise agreed to by and between the parties  hereto.  Further,  in  such  event,  the  Assoc i ation agrees  as  follows:

Upon  District's  i nsti tution  of  a  mai ntenance  progra m  for  the  Property  and every three (3) months thereafter, District shall issue to the Associa tion a written  invoice setting

forth the estimated amount of money District reasonabl y calcu lates i t wil l need to ha ve on hand for the next three (3) month period in order to implement and carry out i ts m aintenance progra m. The Association shal l pay to District such sum of  money  for  each  such  u pcom ing  tluee  (3) month s so that the District can implem en t and carry out i ts mai ntenance program . Each such payment to the District shall be m ade within thi rty (30) calend ar clays of receipt of the District" s 111vo 1ce.

The quarterl y pa ym ent amounts shall  be determi ned by District and  ba sed  upon the amount of money that District reasonably anti cipates  i t  wi l l  have  to  expend  i n  th ree  (3) month increments from the  date  of  i ts  i ni ti ation  of  a  District  main tenance  program  to  the  date that  District  anticipates  receiving  tluough  i ts  norm a l  levy  and  assessment  process   sufficient non-ad  valorem   maintenance assessm ents for  such  m aintenance activity.

In  the al ternative,  if District  reasonably  believes  that  the Association  is or  has fai l ed to carry out any one or more of the l\llaintenance Services as herein assum ed by i t.  or  the Association  fails  to  make  prom pt  paym ent  to  District  as  herein  requi red. District  may  elect  to ta ke  such  legal  or   administrative   action   as   District   deems   necessary   in   order   to   com pel com pliance:  provided,  however.  that  before  District   may  i ni tiate   any   such   action   for   the Assoc iation 's failure to prov ide Ma i ntenance Services,  District  must  first  provide  thi rty  (30) calendar clays advance \Vri tten noti ce to the Association of the nature of  the a l leged default. The Associa tion. folio-wi ng the elate  of receipt of said notice, shal I then  have  thi rty  (30) calenda r days to  ta ke  appropriate  and  substantive  remedial  action  to cure  the a lleged  default.

SECTION 14.     INDEMNIFI CATION.

The Association does hereby indem nify and hold District harmless of and from any and a ll loss or l i abil ity that the District may susta in by reason of the Assoc i ation 's assum ption of the Ma i ntenance Services,  as  may  resul t  from  or  arise  out  of  the  Association 's  m isfeasance. m a lfeasance. non-feasance, negligence or fai l ure to carry out its obl igat i ons under thi s Agreement, with said indemnification and hold harm less to include but not be l imi ted to:

d i rect  costs and  damages,

ind i rect or consequential costs and damages (provided there 1s a proximate cause relationship)   and

(i i i) any and all injuries and/or damages sustained by persons or damage to property. including such reasonable attorney fees and costs (includ ing appellate or mediation ) that may be incurred by the District that relate thereto.

Prov ided, however, i t i s understood and agreed that thi s Section does not indemnify the  District  for  the  Association 's misfeasance.  malfeasance,  non-feasance. negligence  or  failure to carry out the terms and cond i tions of thi s Agreement if same i s caused by, or at the d i rection of the District .

SECTION 15. I N SURA N CE. The Association shall be required. on or before the date of the execution of thi s Agreement and without any in terruption or lapse thereafter, to prov ide to t he District. a Certificate of  Insurance  reflecting  i nsura nce  coverage  for  the  Association  in  such am ounts and i n accorda nce wi th the req ui rements set forth on attached EXHIBIT "E". Fu rther said Certi ficate of Insurance shal l on i ts face reflect the following:

District as an add itional insured to the extent set forth on auached EXHIBIT  "E".

District as the certi ficate holder of the Certificate of In su ra n ce.

That the insurance coverage represen ted by the  Certificate  of  I nsurance  shal I  not  be termi nated or reduced unless th i rty (30) calendar days prior written not ice of such term inat ion or reduct ion (or ten [I O]  calendar  days  if canceled  for  non-paym ent)  i s mailed  by  first  class  U.S. Ma i l  to Dist rict.

SECTION 16.  EA RLY TERMI N ATION . Except as otherwise perm itted i n th is Agreem en t. ei ther party m ay term inate thi s Agreement on October I st of any subsequent yea r (excluding the year of the Agreem ent's Effective Date) but only following the del ivery of wri tten not ice of such i ntent to termi nate to the other part y on or before Ma rch I st of such yea r (i .e. six m onths prior advance notice of intent to term inate must be given to the other part y).

SECTION 17. TERI\'!OF THE AGREEMENT. Unless term inated as perm i tted 111 t hi s Agreement. thi s Agreement shal l  con t inue in perpetu i ty.

SECTION 18.   MISCELLANEOUS PROVISIONS.

Notices.  Al l  notices.  requests.  consents  and  other  com m uni cations   requi red   or perm itted under th is Agreement shal l be in vvri ti ng (i ncluding telex, electroni c mail or facsi m i l e) and shall be (as elected by the person giving such notice) hand  del ivered  by  prepaid  express overnight couri er or m essenger serv ice, telecom muni cated, or mai led (a i rm a i l i f international) by registered   or   certi fied   mai l   (postage   prepaid).   return    receipt   requested.   to   the    following add  resses:

AS TO DISTRICT :	PRINCIPAL DISTRICT

ONE	COMMU NITY	DEVELOPMENT

clo Special District Serv ices, Inc.
1 1000 Prosperity Farms Road. Sui te  I 04 Pa lm  Beach  Gardens.  Florida 334 10
A ttn : Peter L. Pimentel. District Manager
Telephone: (56 1) 630-4922: Telecopy:  (561) 630-4923

VVith a copy to:	Caldwel l & Pacetti LLP
325 Roya l  Palm  Way, Sui te 300 Pa lm  Beach, Florida  33480
Att n : Kenneth W. Edwa rds, Esq.
Telephone: (56 1) 655-0620 ; Telecopy: (561 ) 655-3775

AS TO DEVELOPER:	DEER\.VOOD DEVELOPMENT , L.L.C.
2601 South Bayshore Drive Miam i , Florida 33 133
Attn : Eduardo A vila. Ivlanager
Telephone: (305) 857-0400: Telecopy: (305) 857-044 1

\Vith a copy to:	Robert M. Haber. Esq.
Freeman Haber Roj as & Stanham P.A. 520 Brickell Avenue
Su i te 0-305
Tvliami . Florida 33 1 31
Telephone: (305) 374-3800: Telecopy: (305) 374-1 156

AS TO ASSOCIATION :	IL VILLAGIO COMMUNITY ASSOCIATION, INC.
c/o Leland Managem en t 8009 South Orange A ven ue Orlando, Florida 32809
A ttent i on :	Presiden t
Phone: 407-447-9955 Telecopy: 407-447-9899

\'ith a copy to:	Robert M. Haber. Esq.
Freeman Haber Roja s & Stanham . P.A. 520 Brickell Avenue
Sui te 0-305
Miam i . Florida 33 1 31
Telephone: (305) 374-3800 Telecopy:  (305) 374-1 1 56

If ei ther party changes its mailing add ress or designated recipient for notices. such change shall  be com m uni cated i n writing to the other party withi n thi rty (30) clays of the change.

Entire Agreemen t. This Agreement represents the enti re understandi ng and agreement between the parties wi th respect to the su bject m atter hereof.

(C) Bind ing Effect. A l l of the term s and provisions of this Agreement whether so expressed or not, shall be bind i ng upon . i n ure to the benefit of. and be en forceable by the parties and their respective legal representatives, successors and permitted assigns.

(D) Assigna bility. Thi s Agreement m ay not be assigned without the  prior  wri tten consent of al l parties to this Agreement. provided such consent may not be unreasonably withheld.

Severabilit)'.  If any part of this Agreem en t  is contrary to. prohi bi ted by or deemed i nvalid under appl icable l a\;1,1  or regulation, such provision shal l be inappl i cable and  deem ed omi tted to the extent so contrary. prohi bi ted or inval id. but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible.

Governing Law and  Ven ue.  Thi s Agreement and  a l l  transactions con tem plated  by t his Agreemen t shall be governed by, and construed and enforced  i n accorda nce with, the laws of the State of Florida without regard to any contra ry conflicts of laws pri ncipl e. Venue of a l l proceedings in connection herewith shall be exclusively i n the Fourth J ud icial Circuit i n and for Duval County. Florida . and each party  hereby  wa ives  whatever  thei r  respective  rights may  have been  i n  the selection of venue.

Waiver  of Jury Trail.  The parties hereby  waive  any  ri ghts any  of them  may  have to a jur y trial i n any li tigation arising out of or related to this Agreem ent and agree that they shal l not elect a trial by jur y . The parties have separately, knowingly and volun tari ly given  th i s wavier of right to t ria l  by jur y wi th the benefit of the avai labi l i ty of competen t lega l counsel.

(H) Time of the Essence.  Time i s of the essence wi th respect lo thi s Agreement.

(I) Head ings. The head i ngs contained in thi s Agreem ent are for  the  con venience  of reference onl y, and shall not l imi t or othen;vise affect i n any way the meani ng of i nterpreta t i on or th is Agreem ent.

Right of Remed ies. The fail ure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deem ed a waiver of the rights of remedies that the party may have regarding that specific instance only. and shal l not be deemed a waiver of any subsequent breach or defaul t i n any term s and conditions.

Construction! The parties acknowledge that each has shared equally i n the drafting and construction of this Agreement and. accord i ngly. no Court constru ing this Agreemen t shall construe i t more strict l y against one party than the other and every covenant. term and provi sion of this Agreement shall be construed simply accord i ng to i ts fa i r meani ng.

Cou n terparts. This A greem ent may be executed i n one or m ore counterparts, each of which shall be deemed an original , but all of which together shall consti tute one and the same i nstrument.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Effective Date.  This Agreement shal l be effective as of the last date that i t i s signed by a ll parties hereto.

Executed by the ASSOCIATION this

2 15+

clay of 0 c.f.v b erL-

. 2005.

Signed, sealed and delivered

in the presence of the follovving witnesses as to ASSOC IATION

(sig11at 11re)

IL VILLAGIO COMMUNITY ASSOCIATION,
INC., a Florida cor )Q ·a io 1 not-for-profit

BY:

L]

(/)/'Ill/ 11(11111!)

STATE OF FLORI DA	)
)ss:
COUNTY OF DUV A L	)

5 /-

The	foregoing	instrument	was   acknowledged	before	me	thi s	'"2 1	clay	or
Oc ob e.rt. , 2005, by Jorge J . Ortega and Steve Cissel, the President and Secretary. respectively of IL VILLAGIO COMMUNITY ASSOCIATION , INC., a Florida non-profit corporation , on behalf of the said corporation  who are personally known to me or who presented
-as evidence of iden tity. ---

/

Executed by the DISTRICT thi s	1- Ist	day of  0\,ert.- ,2005.

Attest :	PRINCIPAL ONE COMMU NITY
DEVELOPMENT DISTRICT, a local un i t of special purpose government

Bx ·· Jg Jv
/	- r.Jc1   lv"J""' ..  4	. Assistant Secretary

:(DISTRICT Seal)

STATE OF FLOR IDA
COUNTY OF /Juva J
I

)
)ss:
)

n-

The	foregoing	instru ment	was	ack nowledged	before	me	thi s	LI	day	of
0 c,.\-.,\.:i UL-	, 2005,  by  Jack  0. Kaplan  as  Chair  of  the  Board  of  Supervisors  and
-rv Jd wcd e? A K.A	,  as   Assistant   Secretary,   respectively,   of   the   PRINCIPAL	ONE COMMUNITY	DEVELOPMENT	DISTRI CT,	on	behalf	of	the	said	Com m uni ty
Developm ent	District,  who  are	v	personally	k nown	to	me   or	who   produced

as identification.

[NOTARY SEAL]

My Com n   sion N um ber: My Com n{ission Expires

EXHIBIT "A"
LEGAL DESC RIPTION OF THE PR OPER TY PARCEL A
(II Villagio Tou ch ton Road En tra nce Pa rcel)

A portion of Parcel "S", Deerwood Park North Replat N um ber One as recorded i n Plat Book 5 1 . Pages 6. 6A th rough 6N. Current Public Records or Jackson vi ll e. Duva l Coun ty. Florida. bei ng a portion of those certain lands described in deed  recorded  at Official  Records Volu me  I 069 1. Page 9 10. said public records. and being more particularly described as fol lows:

For a Point of Beginning, com m ence at the Southwesterly corner of said l ands  recorded  in Official Records Volum e I 069 1 , page 910, said point also l ying in the Northeasterly ri ght of wa y  l i ne of Touchton Road, a I 00 foot \V iele ri ght of way as no\V establ i shed ; thence North 20° 5 1 ' 2 1 " East. a long the boundary l ine of said  lands and departing said Northeasterly ri ght of way l i ne, 57. 10 feet; thence South 70° 03' 45" East. departi ng said boundary l i ne. 35.89 feet : thence South  14° 55' 35" West. 23.48  feet: thence South  7 1 ° 33'  13" East. 79.34 feet; thence South  84°
25' 59" East.  142.23 feet: thence North 09° 18' 32" East. 59.50 feet: thence South 80° 25' 27"
East.  122. 18  feet; thence  South  06° 52'  l l " West.  1 5.95 feet; thence  South  83° 37' 35"  East.
167.06 feet; thence South 75° 49' 0 1 " East, 142.88 feet; thence South 64° 34' 10" East. 1 67.5 1 feet to a point ly i ng on a curve; thence Northeasterly , along the arc or said curve concave Southeasterly having a rad ius of 59.48 feet, through a cen tra l angle of 47° 08' 13". an arc l ength of 48.93 feet to a point on said curve. said arc bei ng subtended by a chord bearing and distance of North 82° 05' 0 I " East, 47.56 feet; thence North 34° 27' 52" East. 86.33 feet: thence South 55° 32' 08" East.  14 1 .00 feet: thence South  34° 27' 52"  West. 67.83 feet:  thence South  59° 54' 40"
\Vest, 23.52 feet to a point ly i ng on a curve; thence Southeasterly. along the arc of said curve concave Southwesterly having a rad i us of 68.87 feet. through a centra l an gle of 36° 1 9' 55". an arc length of 43.67 feet to a point on said curve, said arc being su btended by a chord beari ng and d i stance of South I 0° 53' 59" East, 42.94 feet; thence South 41° 38' 50" East. l 08.5 1 feet to the Southerly boundary of said lands; thence South 69° 3 1 ' 17" West, along said Southerly bou ndary.
33.43 feet to the Northeasterly right of \Vay l ine of Touchton Road East, a I 00 foot wide right of way, said point lying on  a curve; thence Northwesterly, along said Northeasterly  ri ght of way l i ne of Touch ton Road East and Touchton Road and around the arc of said curve concave Southeasterly having a radius of 800.00 feet, through a centra l angle or 55° 20' 34", an arc length of 772.73 feet to a poi nt of reverse curvature, said arc being subtended by a chord bearing and distance of North 67° 54' 49" West. 743.04 feet; thence Northwesterly. con tinuing a lon g said Northeasterly right of way l ine  of Touchton Road and around the  arc  of said curve concave Northeasterly having a rad ius of 800.00 feet. t hrough a central angle of 26° 26' 52". an arc length of 369.28 feet to the Point of Beginni ng, said arc being subtended by a chord  bea r i ng and distance of North 82° 20' 52" \.Ves t. 366.01 feet.
Containing 1 .4 1 acres. m ore or l ess.

TOGETHER  \VITH :

PARCEL B
(II Villagio West Pond)

A port i on of Parcel "S". Deerwood Park North Replat N um ber One as recorded in Plat Book 5 1 . Pages 6. 6A through 6N, Current Publ i c Record s of Jackson vi l l e. Duval County. Florida . be i ng a port ion of those certain l ands described i n deed recorded at Official Records Volum e 1 069 1 . Page 9 1 0. said publ ic records, and being more particu larl y described as fol lows:

For a Point of Reference. commence at the Southwesterly corner of said deed parcel lyi ng on the Northerly right of way line of Touchton Road. accord ing to said p lat. and  run North 68°59·00·· East. 549.48 feet to the Point of Begin ning.

From sa i d Poin t of Beginni ng. thence run Nort h 09° 18"32'' East. 2 17.88 feet to a poi nt or curvature of a cu rve, concave Sou theasterly, having a radius of 30.00 feet; thence run Northeasterly. a l ong the arc of sa i d curve. through a cen tral angle of 94°29'46... an arc length or
49.48 feet to the poi nt of tangency of said curve. said arc being subtended by a chord bearing and distance of North 56°33"25" East. 44.06 feet: thence  run  South  76° 1 1 '41.. East.  1 60.76 feet  to the point of curvature of a curve concave Southerly. havi ng a radi us of 100.00 feet: thence run Southeasterly. along the arc of said curve. through a central angle of 1 6°06 "48··. an arc l ength of 28. 12 feet to the poi nt of tangency of said curve. said arc being subtended by a chord bearing and d i stance of South 68°08' 17" East. 28.03 feet; thence run South 60°04'53"" East. 2.92 feet to the point of curvature of a curve concave Northerly, having a rad ius of I 00.00 feet: thence ru n Southeasterly. along the arc of said curve through  a central angle of  16°06'48··. an arc length of
28. 12 feet to the point of tangency of said curve. said arc bei ng subtended by a chord bearing and distance of South 68°08' 17" East, 28.03 feet: thence run South 76° 1 1 '4 l '. East. 50.8 1 feet to the poi nt of curvature of a curve concave \Vesterly, having a rad ius of 25 .00 feet: thence run Southeasterly, along the arc of said curve, th rough a centra l angle of 1 24°5 1 ·54·', an arc l en gth of
54.48 feet to a point of reverse curvature. said arc being subtended by a chord beari ng and distance of South 1 3°45 '45" East, 44.32 feet: thence run Southerly. along the arc  of  a  curve concave Easterly. having a radius of  127.22 feet, through a central angle of 91 °2 1 ·25,._  an arc l ength of 202.85 feet to a point of reverse curvature. said arc being subtended by a chord beari ng and distance of South 02°59'30"' \Vest. 182.03 feet; thence run Southwesterly, along the arc of a curve concave Nortlnvesterly, having a radius of 25.00 feet, through a central  angle  of 146°29" 3 l "'. an arc l ength of 63.92 feet to the point of tangency of said cu rve. said arc bei n g subtended  by  a  chord  beari ng and  distance  of  South  30°33'33"'  \Vest, 47.88  feet:  thence  run
North 76°I I '4 1 '" West. 298.65 feet to the poi nt of curvature of a curve concave Northeasterly. having a rad i us of 25.00 feet; thence run No rthwesterly. along the arc of said curve. through a central angle of 85°30' 14". an arc l ength of 37.3 1 feet to the point of tangency of said curve and the Point of Begi1rni ng, said arc being  subtended by a chord bearing and distance of North 33°26'35"  \Vest,  33.94  feet.

Containing 1 .93 acres, more or less.

TOGETHER \VITI-I:

PARCEL C
(II Villagio East Pon d)

A porlion of Parce l "S". Deerwood Park North Replal N um ber One as recorded i n Plat Book 5 1 . Pages 6, 6A th rough 6N, Current Publ ic Records of Jacksonvi lle, Duva l Cou nly. Florida. be i ng a portion of those certain lands described i n deed recorded at Official  Records Vol um e  I 069 1 . Page 9 1 0. said public records, and being more pa rticularly descri bed as fol lows:

For a Poi nt of Reference com mence at the Southwesterly corner of said deed pa rcel l yi ng on t he Northerly right of way l ine of Touchton Road. according to said plat. and run North 78° 19·25.. East. 1331 .89 feet to the Point of Beginning.

From said Point of Beginning. thence run North 20°28.JT West. 66.08 feet to the po i nt of curvat ure of a curve concave Easterly. having a rad ius of 22.00 feet: thence ru n Northerly. a l ong the arc of said curve. through a central angle of 88°48'44". an arc length of 34. 1 0 feet to the poi nt of tangency of said curve, said arc be i ng subtended by a chord bearing and d istance of North 23°55'45" East. 30.79 feet; thence run North 68°2o·or East. 14.97  feet to the po i nt of curva ture of a curve concave Northwesterly. having a rad ius of 137.50 feet : thence ru n Northeasterl y. a l ong the arc of said curve. through a centra l angle of 39° 1 5'40... an arc len gth of
94.22 feet to the point of tangency of said curve, said arc bei ng subtended by a chord bearing and d istance of No rth 48°42 ' 17' Easl, 92.39 feet ; thence run No rth 29°04 '27'' East. 75.70 feel lo the point of curvature of a curve concave North weste rly. having a rad ius of 20.00 feet; thence nm Northeasterly, a long the arc of said curve. through a central angle of 58° 16'03". an arc length of
20.34 feet to the point of tangency of said curve. said arc being subtended by a chord beari ng and d istance of North  58°12'28" East.  19.47  feel; lhence run  North  87°20'29., East.  1 17.86 feet  to t he point of curvature of a curve concave Southerly. having a radius of  I 00.00  feet: thence run
Easlerly. along the arc of said curve, through a central angle of  15°22·1 r.an arc length  of 26.83
feet lo the point of tangency of said curve. said arc bei ng subtended by a chord beari ng and d i stance of South 84°58'22'. East. 26.75 feet; thence run South 77° 1 T I r East. 24 1. 19 feet to lhe poinl of curvature of a curve concave Southwesterly. having a rad i us of 20.00 feel; lhence run Southeasterly. along the arc of said curve, through a centra l angle of 77° I T 1 Y, an arc l en gth of 26.98 feet to the point of tangency of said curve, said arc being sublended by a chord beari ng and d i stance of South 38°38'37" East, 24.98 feet; thence run Due South, 39.05 feet to the poi n t of cu rvature  of a curve concave Northwesterly, havi ng a radius of 20.00 feet; thence ru n Southwesterly, a long the arc of said curve. through a central angle of 90°00·00". an arc length of 3 1 .42 feet to the point of tangency of said curve, said arc being subtended by a chord bea ri ng and d i stance of South 45°00'00" West , 28.28 feet: thence run Due West , 174.73 feet to the point of curvature of a curve concave SoutherIy. having a radi us of 25.00 feet; thence run Wester!y. a long the arc of said curve tluough a central angle of 27°46 '0r. an arc length of 12.12 feet to the poi n t of tangency of said curve. said arc bei ng subtended by a chord bearing and distance of South

76°06'58'. West. 12.00 feet; thence run South 62°13" 5T West.  55.0 1  feet;  thence  run  South 69°3 1 ·23·· West. 253.98 feet to a point of curvature of a curve concave Northeasterly. havi ng a rad i us of 22.00 feet thence run Northwesterly. along the arc of said curve, through a cen tra l angle of 90°00'00". an arc length of 34.56 feet to the point of tangency of said curve and the Point of Begi1rning. said arc be i ng subtended by a chord bearing and d istance of North 65°28'3T\Vest. 3 1 . 1 1  feet.

Containi ng 1 .69 acres. more or less.

EXHIBIT "B"

DESCRIPTION OF THE IMPROVEMENTS ON THE PROPERTY

I.	SURFACE \' ATER MANAGEMENT IMPROVEME NTS:

The two ponds identified as "Storm water Management Faci li ty No. 1 ··( West Pond ) and Storm water Management Facil i ty No. 2"' (East  Pond)  as shovm  on  the approved  dra wi ngs enti tled "Pavi ng and  Dra inage  Plan'· prepared  by  England-Thi ms  & i\tli ller. lnc..  Proj ect No. E-0 1 -201. Sheets 7  thru  9. of  t he  plan s for  ·'II Villagio  at  Deerwood  Park ". dated Decem ber 2002. The Im provements do not i nclude any pipes. i nterco nnects  or  other drainage and  surface water management  facil i ties dra i ning i n to or out  of the two ponds.

LANDSCAPE  IMPROVEMENT S:

A ll landscaping within the Property. i ncl udi ng grass planti ng. as shown on the approved drawings enti tl ed ·'Landscape Plans"" prepared by Englancl-Thi m s & M i l l er. f nc.. Proj ect No. E-01-20 1. Sheets L- 1 thru L- 13. of the plans for ""II V il lagio al Deerwood Park ··. dated  Decem ber 2002.

IRRIG ATION  IMPROVEMENTS:

A ll i rrigation equipment and  system s wi thi n  the Property (incl ud ing pi pes, heads. control equ ipm en t,  and  all  appurtenances  thereto)   i nstalled   per   City   of   Jacksonvil l e/Duval Cou nty Standards, as shown on the approved plans enti tled '·Irri gation Plans··prepared by England-Thims & Mil l er. Inc.. Project  No. E-01 -20 I. Sheets IR- I thru  IR-8 of  the  plan s for ""II  V illagio at Deerwood  Park'". elated  Decem ber 2002

IN CIDENTAL  LIGHTI NG   IMPROVEMENTS

All  incidental  l ighting  Improvements  and  appurtenant  electrical  con nections  installed u pon the decorative screening \Val l located within Parcel '·A ·· (t he Touch ton Road Entrance Parcel), as shown on the approved Bui l ding Plans therefor on fil e wi th the City of Jacksonville. Florida.

SIDEWALK  IMPROVEM ENTS:

Sidewal ks  \Vithin  Parcel  ··A" (t he Touchton  Road  Entran ce  Parcel),  as shown  on  the
approved  Site  Geometry  Plans  prepared  by  England-Thims  &  Mi ller,  lnc..  Project  No. EO l -201. Sheets 3 and 4 of the plans for ··n V il lagio at Deenvood  Park ... dated  Decem ber
2002.

DECORATIVE CONCRETE SCREENING WALL IMPROVEMENT S:

Decorative  concrete  screening  walls  \:vi thi n  Pa rcel   ··A··   (the  Touchton   Road   En trance Parcel)  (but  exclud i ng  the  gate  and  related  mechani cal  and  electrical  equi pm en t  at  the
\Vest Entrance). as shown on the approved  Build ing Plan s therefor on  fi l e wi th the City of Jacksonvi l le. Florida.

EXHIBIT "C"

PRINCIPAL  ONE COMMU NITY  DEVELOPMENT  DISTRICT MAINTENANCE  STANDARDS FOR ALL DISTRICT IMPROVEMENTS

IN GENERAL

I.I	MINIMUM    STANDARD S.	These  fvlaintenance  Standard s  shal l   be  the  m 1111m um required maintenance standards for al l  District-owned faci l i ti es or  im provem ents.

1 .2	INCORPORATION   IN  SUB-CONTR ACTS.   These  Main tenance  Standards  shall  be incorporated   i nto  any  contract  for  maintenance  services  execu ted   by  the  Assoc i at i on .

1 .3	GENERAL REQUIREMENTS  FOR ALL SERVICES.

The Association wi ll be provided access to a l l  requi red  \Vork  areas by the District.

A ll Associations or Association Contractors  equipmen t  wi ll  be  marked  for  easy iden ti fication and crew perso1rnel wi ll wea r clothing identi fying the Assoc i ation or Con tractor.

No fuel. chem icals or equ i pment may be stored on the Property unless approved by the District.

Should posting of "Da nger" or "Warni ng'· signs by required.  i t  wi ll  be  t he responsibil i ty of the Association with prior notification  of  and  approval  of  the District.

The District reserves the right to i nspect, at any time upon notice to the Association. the spraying and/or other equipm ent and to approve operating pers01mel.

A ll Contractors shall adhere to al l Federal , State and loca l  regulati ons governi ng the appl ication. transportation, storage. use and disposal of products util ized  i n  the perform ance  of  this Contract.  These regulati ons include, at  a  mini mum.  F.l.F. R.A. 29 CFR  1920, OSHA  Genera l  Industry  Standard s and  Chapter 487, Florida  Statutes.

Crew members shall cond uct them selves i n a professional manner at a l l times while performi ng the  Work .

The	Association	shall	obtain   al l	permits	required	to	perform	the	Work.

(I) Contractor shall notify the Association prior to engaging i n any discussion s with the news media regarding the \\'ork or the Property.

REQUIRED GENER AL MAINTENAN CE SERVICES.

The  fol lowing  maintenance  serv ices  shall   be  provid ed  for  any   I m provem en t  owned  by  the District. as appl icabl e:

2. 1.

2.2.

I ..,
-·-).

2.4.

2.5.

A ll util i ties. incl udi ng but not l im ited to electricity. water (either potable or reuse. as m ay be  appropriate  and   authorized).  sewer.  telephone.  trash   collection .  trash   disposa l.  and nat ura l gas to the extent required  to be used. expended or available for  the  proper operation  and  maintenance of an  Im provement.

Ferti l izer. m ul ch. edging. hedging. mowing. trim m ing. thi nni ng. weed i ng and pest icide treatment   services  as  may   be   necessary  and   appropriate  for   l andscape  I m provements. i nclud ing but not  l imi ted  to  trees,  shrubs  and  ground  cover.  together  with  t heir replacem ent  with com parable  and  sui tabl e landscapi ng  if d iseased. dying or dead.

Maintenance. repair  and/or  replacement  services  for  landscape  i rrigation  system components. i ncluding but not l im i ted to  spri nk ler heads. wiring and controllers. pi pi ng. valves and reuse water signage. a ll  of  which  sha l l  be  done  i n  accordance  wit h specification s to be prov ided to the District for approval at the t ime of the  Association 's assum ption  ofrvlaintena nce  Serv ices  for  same.

Cleani ng and pa inting services for Entry Features, monum ents and  related special sign s (but exclud ing traffic signs).

Cleaning and treatment services for the roofi ng com ponents of Entry Features  and monum en ts.

Maintenance,  repai r  and/or  replacem ent  services  for  accen t   l ighti ng  fix t ures.  incl ud i ng bu lbs.

All  personnel  and  equipment  necessary  Ill order  to  provide  the  above  descri bed Ma i ntenance Services.

SUPPLEMENTAL MAINTEN ANCE REQUIREMENTS  AND SPECIFICATIONS

The following Supplemental tvlaintenance Requirem ents and Specifications shall be appl ied to the extent applicable:

3. 1	LANDSCAPE        MAINTENANCE.

(A)SCOPE OF \VORK. The prov i sion  of fertil izer. m ul ch . edging. m owin g. trim m i ng. thin ning. weeding and pesticide treatment services as may be necessary and appropriate for landscape Improvement s. (incl uding but not l im i ted to trees. sh ru bs and  ground  cover).  together  with  their  replacem ent  wi th  com parable  and  su itable l andscapi ng if d iseased. dying or dead.

SPECIFICATION S AND MINIMUM STAN DARDS

ill  Grass    Mow i n g.	A ll   grass   shall   be   mowed   accord ing   to   the   followi ng standards:

A ll Sites wil l be mowed at the frequency  as  iden ti fied  on  t he individual maintenance sheets.
11. Grass cl ippi ngs may be left on the turf areas. prov ided. there are no readi ly visible clum ps or excessive cl ippi ngs rem a i ning. A ny and a ll clum ps shall be removed from the lawn im m ediately after mowing. These cl ippi ngs or debris will be bagged and rem oved from the site by the Contractor.
111. Grass cl i ppi ngs or debris generated as a  resu l t  of m owing operations shal l be removed from adjacent wa lks. drives, gutters, curbs, pavem en t and other harclscape  surfaces on  the same clay as  mowed  or trim med. Cl i ppi ngs or debri s will be bagged and removed from the site by the Contractor.
1v. A ll l i tter and debris, or items that m ay be propelled by m ower blades shal I be removed from the turf or sod area before mowi ng operations begin. The col lected debris shall not be discarded i n to any landscape areas includi ng landscape beds. drainage structures. or paved  surfaces. Debri s shall be rem oved from the site and d isposed of properly by the Contractor.
Finished  height  of cut  shall  be m a i nta i ned at  3  Yi i nches  for  both  St.
A ugustine (Floratam) grass and  Bahia grass. The District retains the option to adjust the m owing heights as necessary.
MO\·Ve r blades shall be sharpened regul a rl y to deliver a fin ished. level fini shed surface, devoid of   ruts. scalped  t ur f or u neven  sod .
v 11. Mowing m ust be performed in a  timely, and  systematic.  fashion  i n order to maintain the integrity and appeara nce of the l andscape design. Con tractor shall a l ternate m owing patterns to avoid m ower \Vheel rut patterns, \;.,1h ere the size of the mowing area perm i ts.
viii . Mowing must be performed carefully so as not to "de-ba rk" trees or shrubs. intrude i nto covered beds, damage sprink l er heads. va lves. manifolds, time clocks. curbs or other faci li t ies.

ill Edging.   ..Edge" is defined as a sharp. distinct. v i sua ll y cl iscernabl e. vert ica l l ine of sod at all jun ct ions  of turf grass and any other material such as concrete. asphal t. mulch etc.
1. Main tenance  si tes  requi ring  edging  appl ications  are  speci fical ly identified i n the ind ividual  mai ntena nce  sheets.  W here  ind icated. edging shall be clone with every cul.
11.   Mechanically  edge   a l l   turf  edges  abutti ng  sidewal ks:  ll ush   paved surfaces includ i ng a ll  road curbs. drives. et c.
111.   Mechanically   edge   all	l andscaping    bed/sod    inter faces.   incl udi ng individua l  tree ri ngs ( 18..from  outside of tree trunk. m i n im um.)
1v.   A  mechanical  blade  edger  wil l  be used  for  al l  edging.	Edging wi th stri ng-type trim m ers is not permi tted.
v.   Dirt and  debris prod uced  by  edging or t rim m ing sha ll  be  rem oved. swept or blown from adjacent hard surfaces.
v1.   Chemical edging i s prohi b i ted.

illMul ching. Mulch chips. si ngle chi p size. free of weed seeds and other deleteriou s m aterials and suita ble for top dressi n g sha ll be used as req ui red lo ma i n tai n beds at a m i nim um depth of tlu·ee (3)inches. Mulch shall not be shreds. lvlulch will be Grade ··A .. Cypress. ·'No-Float .. blend Mulch will be applied twice an11ually per the following schedul e:
i . May - com pleted by Memoria l Day.
Novem ber  -  com pleted  by  mid  Novem ber  (prior  to  Thanksgivi ng)

ill Pruning. Plants, awkwa rd i n shape. diseased. i n sect  i nfested or which  have dead parts or may cause a safety hazard , shall be pruned on an as-needed basis accordi ng to the following standa rds:
Shrub s and Grounclcovers:
I . Shrubs wi thi n landscapi ng  beds  shall  be  mainta ined  once monthl y to provide maxim um  opaq ueness.
No pruning sha l l be perm itted as to render the top of the foliage mass to be  wider tha n  the base of the foliage.
Pruni ng shall be performed to leave hedges i n  a  uni form horizontal height. The District shall establ ish the height of various planting areas and  hedge  levels.
Chemi cal trim mi ng or pru ning i s absolutely prohi bi ted.
All trim mi ng and pruni ng debris m ust be removed from t he si te on the same day of each trim m ing and d i sposed of properly by the  Contractor.
Trees and Pa lm s:
I . Tree pruni ng sha ll be com pleted as reasonabl y requi red upon an agreed schedule .
Materials to be pruned:

Dead. dying or unsightly pa rts of the tree.
Sprouts growing at or near the base of the tree tru nk .
Crossed branches that may rub together.
Nuisance growth  that  i nterferes with  view. wal k s. l igh ti ng. or  signage.
N ui sance  growth.  remova l  or  all   dangerous   branches. thorns and fronds that ind icate poten tia l  con fl ict  wi th people, i nclud i ng but not  l im i ted lo branches overhanging sidewa l ks. encroaching guardrai ls and  vehicul ar  traffic.
Pru ning paint is prohibited.
Pruning wi ll be pe rformed using sharp and proper pru n i ng tools.
Chem ica l  treatm ent for suck er growth  is prohi bited.
Branches. dead wood and cutt i ngs resu l ti ng from  pruni ng. shall be removed from  the jo b site  and  disposed  of off si te by the Contractor i n an acceptable m anner.
An y lawn and shrub areas damaged by pru ning equi pm en t shall be replaced at the Contractor ·s expenses.
Dead Pal m fronds shall be rem oved  from  the  palm  head and trunk of any Palm  species  up  lo  the defined  heigh t  of 16 " 0...

Fertil izer. Trees. pa lm s. sh rubs, ground cover and grass areas shall be fertilized to maintain healthy v iable vegetation . The District reserves the right to approve the com position of the ferti l izer. Ferti l izer shal l be appl i ed per the ind i vidual guid elines below for (i) Turf, (i i ) Trees/Shrubs. and (i i i) Palms. appl ication.

Turf:
The ferti l izer shall be a granular fertilizer wi th com position of 1 5-5-15. It sha l l be a com plete ferti lizer (contai ning both major and micro nutrients). su lfur coated, time released. and appl ied at a rate of I l b. of nitrogen per 1 ,000 sq. ft. of sod. Contractor shall not use any form s of ferti Iizers other than those specified . without specific approval from the District Engi neer.
Sod. as specified i n the ind ividual mai ntenance specification sheets, shall be ferti lized three (3) tim es yea rl y: Ist week of October, 1st week of Decem ber. !st week of A pri l.
Contractor wi ll noti fy the Association 24 hours i n advance of the appl ication  of  fertilizer  to  al low  for  the  adju stm ent  or i rrigation systems.
All residual  fertilizers remain ing on  any hardscape surfaces

shall be removed im med iatel y after the appl ication process i s completed  and  prior  to   becom i ng   wet   i n   order   to   avoid sta ining.

11.	Trees. Sluubs. & Ground Covers:
1 .    Ferti lizer shall be appl i ed at a rate of  1 .5 to 3 lbs/I 00 SF to all shrubs and ground covers and at a rate or 3 lbs/i nch  or trunk diam eter to 6" and 5 lbs/i nch to a l l trees greater than 6" with (except Pine Trees. Cabbage Pa lms. and Pa lmettos).
Ferti lizer shall be a complete fert i lizer (containing both m ajor and m icro n utrients). sulfur coated, time released. 10-10- 1 0 analysis. or as otherwise recom mended beca use of speci fic plant species. Con tractor shall not use an y form s of fertil izers other that  speci fied.  w ithout  speci fic  approva l  from  the District  Engineer.
Trees,   shrubs  and   ground   covers.   as   specified   in   the i ndividua l specification sheets. shal l  be ferti l ized three (3) tim es yearl y : Ist week of October: Ist week of Decem ber: 1 st week of Apri l.

111.	Palms:
Sabal Palm s (Cabbage Palms): no ferti l ization  i s required.
A ll Other Species: Spi ke Form Ferti l izer only. (Simi lar to "Lutz" bra nd Pa lm Tree Maintenance Spikes). Ferti l izer used for Pa lm s  shall  meet  or  exceed  the  chem i cal  analysis quanti ties appeari ng on the "Lutz" Palm Tree Maintenance Spikes. Rates wi ll be at  the  l abel  rate  of  the  OWNER approved    fertilizer.
Palms, as specifi ed in the individua l mai ntenance specification sheets, shall be ferti lized once yea rl y duri ng the 1st ,.vee k of October.  (If  "Lutz"  Pal m  Tree  Mai ntena nce Spi kes is used . ferti l ization is requi red year l y. i n October. Other spi ke ferti lizers wi ll be appl ied twice yea rl y. u nless label rates specify d ifferently.)
All Other Pa lms shall be ferti l ized  two tim es yearly (October
& April ) or as requi red to prevent yellowing of the fronds

In sect and Disease Cont ro l.  A ll insect and disease problem s wi ll be diagnosed by a qualified horticulturi st and effectively treated.

i.	Pesticide and d isease control. where req ui red. wi ll be appl ied on a monthl y basis for the con trol of insects.
11.	Chemical  controls shall  be  applied  by a  l icensed  operator.  using

EPA	approved  material s or under the direct supervision of a Certifi ed Pest Control Operator.
111. Copies of current l icenses m ust be provided to the Assoc i ation prior to chem ical use.
1v. The manu factu re·s wri tten i nstructions and EPA cri teria shal l be strictly adhered to for application rates. wa rni ng and re-en try restrictions etc.
v.    Prior to the appl ication of any Chemical Control. the Contractor shal l notify the Association of the specific chem ical being used. appl icat ion rates. and other parti culars wi th reference to safety issues. The posti ng of any required notificati ons regard i ng re­ entry periods. i f required. are the responsibi!ity of the Con tractor.
v1. The Contractor assumes al l l iabi l i ty for damage and/or i njury resul ti ng from accident of m isuse of these prod ucts and/or equipment. The District retains the ri gh t to prohi bi t the use of any herbicide or pesticide.
v11. Any plan t damaged. or that seriously decl i nes due to chemical appl ications (Pesticide or Herbicide: Granul ar or l iquid). shal l be replaced with l i ke material of compara ble size, type. and value.
v111. Contractor wil l submit to the Association on the same cla y chemicals are applied. the follo,ving i n formati on: identi fication of the chemical applied , pest controlled. date of application, ti me. nam e of appl icator. and method of appl ication.
1x. Fi re ant control. where required. as identifi ed i n the i nd i vidual maintena nce area speci fication sheets, shal l be com pl eted by the Contractor by treating ind ivid ual mound s wi th appropri ate material( s) during each regular mowi ng cycle.

Weed Control. 'Need s  i n all plant bed s shall be controlled. either mechanically, chemically or by a com bination of both as often as necessary in order to provide a 'Need free area. and no less than one time per month. duri ng the first week of the mon t h.

\Veecl	control	may	be	accompli shed	by	usi ng	select ive herbicid es. both pre-emergent and post em ergent as needed.
11.  "Round-up''  or  other  District  approved  spra y  may  be  used provided that injury to desired plant material i s preven ted.
111. Manufact urer 's label rates will be strictl y adhered too. along with any safety precaution s and disposal directions.
1v.  Restricted use herbicides will be applied by l icensed Appl icators in accordance with State regulation s.
v.  Under no circumstances will any tree. pla nted in a sodded area. be weeded a filament type trim mer.

v 1. Chemica l appl ication for the control  of  weeds  wi l l  not  be permitted  where     sucker sprou ts are present.   A II  sucker growt h m ust be rem oved.  using proper prun i ng  techni q ues.  prior to  the use of Round-u p.
v 11. Tree ri ngs with a m i nim um rad i us of 18.. from outside of t ru nk. shal l be edged with a mechani cal edger and  mainta i ned to avoid m echanical damage to the tree trunks.
v 111. The Association or i ts Contractor shall use  only  pestic ides and herbi cides approved by  governmental  regulatory  agencies.  A ll chem ica l s m ust be used accord i ng to label i nstructions.  The Associat ion or  its Contractor  wi ll  be  liable for  any  penalty.  fine or  damages resulti ng from  the misuse of any chem icals.
1x. The Assoc iation or i ts  Contractor  shall  provid e  at  least  one certified  com mercial  applicator  for  the   \Vork   (Chapter   100-54 and Chapter I OD- 55 Florida Ad mi nistrative Code pursuant to Chapter 482 of the Florida Statutes) in the Lawn and Orna m en tal category.
x.   The Associat ion  or  its Contractor  wi ll  select  the most effective
and environ m entally sage herbicides and appl ication tech niq ues avai lable. The District reserves the right  to  approve  of  the herbi cides and appl ication techni ques.
x 1. A ppl ication sha l l be performed i n such a manner as to protect non-target  areas and  the publ ic.
x 11. The Association or i ts Contractor shall use due care to  avoid damage to adjacent lawns. gol f courses and  upland  plantings and be solely responsible for an y dam age i ncurred v.1hi le perform ing work.
X ll l. The Association or i ts Contractor wi ll use appl ication techn iques that will minimize dri ft onto non-target vegetat ion .
xiv. The Association  or  i ts  Contractor  shall  use  onl y  herbicides approved  by  the  controll ing  governmental  agen cies.  A ll herbicides m ust be used in accordance \Vith the EPA label  and/or Special Use label. The Associat ion or  i ts  Contractor  wi ll  be solely l iable for any penal ty, fine or damages  resul ti ng from  the m isuse of  herbicides.  Use  of  all  herbicides  and  disposal  of residue and containers shall be i n strict conformance with the chemical  m anufacturer's  instructions  and  an y   loca l.   County. State and Federa l Laws applicable. f n the event a  herbicide  i s baimed  by  a  governm ental  regulatory  agency  the  Association  or
i ts Contractor shall  im mediately stop use.

Equipm ent. The Association or i ts Con tractor shall  keep all equipment  i n  the Work   Program   (mowers.  weed  eaters,  edgers,  sprayers.  etc.)   in   safe  good

work i ng order, condi tion, and appearance at al l  t im es.  The  District  and  the Assoc iation shal l have the ri ght to  i nspect  and  approve  all  equi pmen t that  wi ll be used  in this Work.

vVaste Remova l.
i .  Vegetation/material  which  is  removed  from  landscape  areas  shal 1  be rem oved from the si te within two  (2) days and shal l not  be allowed  to rem ain onsite over the weekend.

i . A ll  vegetat ion/material  removed  from  landscape  areas shal l  be  taken  to a Certified Land Fi ll or  other  faci li ty  certi fied  to accept  orga n ic  waste. Con tractor shall produce. upon specific request by the Association . documentat i on that debris m aterial(s) were  d i sposed  of  i n  accordance with  the law (receipts, etc.).

(I0)	Replacem ent of P lant Mater ial.  Replacement plant material wi ll be Florida No. I or equ iva lent .

( 1 1 )	Use of Herbi ci des & Chem ica l s.

1. Herbicide chem icals shal l be hand led and appl i ed accordi ng to the manufacturer's label  instruct i ons.

ii . The Assoc iation shall prom ptly inform the District of any violations of herbi cide  usage,  includ ing  bu t  not  l im ited  to   spills.  storage   or appl ication.

i .Con tractor shall i nform the Association of any com pany violations of herbicide  m i suse  that  have  occurred  in  the  past  three   (3)   yea rs. Assoc i ation and District reserve the right to con tact loca l. state  and federal    regulatory   agencies.

( 12) Clean-Up. At each mowing cycle. the Contractor shall be  responsibl e  to S\.veep, blow or rem oves trim med or cut materials from all h ardscape surfaces.  Duri ng  each  mowing  cycle,  all  m aintenance  areas  are  to  be "po liced" for the paper, debris, and trash. fallen branch es, fronds; and other foreign matter. Such materials are to be removed from the site and properly disposed of. Sod and landscape beds are to be policed and picked up prior to m0\\1ing.

IRRIGATION SYSTEMS AND IRRIG ATION PUMP STATIONS.	The
Association shall :

Operate and i nspect the spri n k ler system once a month and prom ptly correct an y damage. m alfunction  or  other problems.

Cal ibrate the spri nk ler system duri ng the same tim e the system i s normall y run . so that water pressures are sim ila r.

Set time clocks on automat ic spri nk ler system s or ti me man ua l system s for applying the proper amount of water.

Avoid m i x i ng spri nk ler head types. Mist heads appl y m ore water than im pact heads.   Ivlatch  spri nkler heads for  uni form  coverage.

Check the spri nk ler system frequent l y. Replace broken spri n k l er heads.  clear clogged  nozzles and  adjust the d i rection of spray.

LAKE BANK AND AQU ATIC WEED CONTROL.	The Association sha ll :

Prov ide maintenance repai r and/or replacement services for the sur face water management    system    owned    by    the    District.    i ncluding    l ak es.   canals   and i nterconnecting pi pi ng, and aquatic weed con trol withi n the system .

Mow the lake ban ks as fol lows:

( I ) A ll areas \vii i be mowed once per month during the six sum mer m onths. Apri l through Septem ber (6 times): and once every six (6) weeks duri ng the six (6) winter months (three to four times): October through  March. for a tota l of 9 to 10 events per year.

Slopes greater than 3:I wi l l be mowed wi th special boom mowing equi pm ent. These areas will be mowed at the same time and frequency as the rout i ne right-of­ wa y m owing. These areas include canal slopes. retention dikes. and right-of-way areas with bru sh greater than one inch ( I ") i n diam eter.

The Contractor shall use only mowing equipment approved to be safe by the American Na tional Standards Inst itute (ANSI) will be solely liable for use of any equi pment that may result i n damage or injury related to this Work.

A l l grass areas shall be mowed at a height of four i nches (4"). Brush wi ll be cul as close to the soi l l i ne as equi pment wil l perm i t but no closer than th ree inches (3").

Provide for aquatic weed control. as fol lows:

( I )    The Association shall i nspect all canals. lakes. wa terways and marshes n o less than m onthly. The Association shal l mai n tain  (chem ica l l y  trea t  and/or manually rem ove und esirable exotics and nuisance material) areas as often as necessary to accom pl i sh progress ive aesthetic-level aquatic weed control. The Association shall achieve 95% control of a l l exotic and a l l  u ndesi rable. emergent, floating, i nvasive nuisance aquatic plants. The Associa tion shal l perform m ain tenance to control sur face i nfestations of all exotic and all undesirable, emergent, floating,  i nvasive  nui sance aquatic plants  to  below 5% of any I 00 square foot section of District maintained area. and shall ma i n tain these levels of control , or greater. for the duration of the contract  unl ess otherwise approved  by  the District.

In created wetland m arshes. i f any. when an y dead or a l ive exotic or nox ious plant. as defined above. i n fests an area  greater  than  1 5% of any  I 00  square foot section or i s greater than 2.5 ft. tal l , the A ssociat ion shall  m an ual l y remove the nox ious m aterial. The Association shal l also m an ual l y remove any exot i c or noxious plant greater than 2.5 ft. tal l. dead or a l ive. When dead plant materia l exceeds an area greater than 1 5% of any I 00 square foot section. the Association shall  rem ove  the dead m aterial.

Vegetation which is removed from created wetlands shall be removed from the site withi n two (2) days and shall not be a llowed to remain on site over the weekend.

A ll vegeta tion/m aterial rem oved from created wetlands shall be taken to a Certified  Land  Fi ll or other  facil i ty certified to accept organic waste.

Select  the  most  effective  and  env ironm en tally   safe   herbicides   and   appl ication tech niq ues.

Use only herbicides approved by the  controlling  govern mental  agencies.  A ll herbicides m ust be used i n accordance with the EPA label and/or Special  Use  label. The Association wi ll be solely l i abl e for an y penalty. fine or damages resu l ti ng from the m isuse of herbicides. Use of all herbicides and disposal of residue and conta i ners shall be i n strict conformance with the chemical manufacturer's i nstructions and any Local. County. State and Federal  laws appl icable. In the event a herbicide i s ba n ned by a govenunental  regulatory  agency.  the Association  shall  im mediately  stop  usc of the  herbicid e  in  canals,  lakes,  watenvays  and   ditch   ban ks  covered   under   thi s Cont ract.

Provide at least one Florida State Certified A ppl icator for every crew doing herbicide m a i n tenance in the aquatic category. The Associat ion shal l provide at least one Florida State Certified Appl icator. on si te. for  every  crew  (Rule  5E-2.22. Florida Adm i nistra tive Code, Pursuant to Chapter 487. Florida  Statues) i n the aquatic and righ t-of-way categories.

Have fu l l respon sibil i ty for accurately treati ng the sites.

Apply herbicides in such a manner as to protect non-target areas and t he public.

Use clue care to avoid damage to wetland plants. adjacent lawns. gol f courses and upland plantings and shall be solely responsible for any dam age caused  while perform i ng v.rork for the District.

Use herbicides and appl ication techniques wit h clue care so as to mi n i mize damage to planted v.rellancl marshes. A l l spray personnel. used for this Contract. m ust be able to identi fy the created wet land marsh planti ngs and be fam i l i ar with con tro l procedures that wi l l m i nim ize damage to the marsh plants. The District \Vii i i nspect marshes on a quarter ly ba sis to determine marsh plant mortal ity. If i t is determi ned by District that greater than 15% of the marsh plants in any area have been destroyed due to herbicide appl ication tech niq ues or negligence. the Association shall be respon sible  to  replan t marsh  pla nts.

(K)Use application techniq ues that wi ll mi nim ize drift onto non -target vegetation. The District wil l be in formed and approve of proced ures that wi l l be uti l ized  to mi nim ize herbicide drift. Herbicides affected by ';v i ncl wi ll be appl i ed  with  dri ft  control. Herbicides that m igh t d rift wi ll not be appl ied i n winds exceed ing I 0 m ph .

Apply d itch bank herbi cides in a maimer that wil l not destroy greater than 5% of non­ target  grasses or unclerstory  vegetat ion.

Inform  the  District   of  any  k nown   maintena nce  com pany  violations  of  herbicide m i suse that have occurred in the past three (3) years. The  District  reserves  right  to contact Loca l, Stale and Federa l Regul atory Agencies on each Bickler. Should  the District discover that the  maintenance  company  retained  by  the  Assoc iation  has Federal , State or Loca l v iolations not reported.  the  District  reserves  the  righ t  to cancel  this portion  of  the Ivlaintenance  Agreement.

(N)  Subm i t the fol l O\ving reports to the District Engineer, if requested:

( I ) Daily \Vork logs/spray repo rts subm itted on a week ly  basis. These  reports wi l l deta i l \•vork done each clay and be subcl i v iclecl into created wetland and Aquat ic Weed  Control  work .

(2) A copy of the DEP and any other perm i ts required to perform work.

STREET LIGHTS AND ACCENT LIGHTI N G. The Association shall :

Provide all uti li ti es. includ ing but not l imi ted to electrici ty. to the exten t req u i red to be used. expended or avai lable for the  proper  operation  and  mai ntenance  of street lights and  accent  l ighting.

Provide maintenance . repair and/or replacem ent services includ ing pai nti ng of fixtures and poles for lighti ng fixtures. includi ng bul bs.

Provide a ll necessary personnel and equipm ent necessary to prov ide  these services.

SIDE\\/ALKS  AND BIKE PATHS. The Assoc iation  shal l,;.

Provide maintenance. repa i r and/or replacement  serv ices  for  sidewal k  and  bi ke path system com ponents. incl ud ing but not l imi ted to protecti ve wood or concrete coatings and repl acem ent of damaged areas. a l l of which shall  be  clone  i n accordance ';vi th  specifications  to  be  provided  to  the  District  for  approva l  a t  the  ti me of  the Association's assum ption  ofrvla i ntenance  Services for  same.

(8)  Provide cleaning and  treatment services  for the sidewalk  and  bike pa th  system com ponents.

(C) Provide a ll personnel and equipment necessa ry 111 order to provide  the  above described Maintenance Services.

CONCRETE  SCREENING  WALLS  AND  SIGNAGE  MON UMENTATION.  Th e Association shall :

Provide maintenance, repair  and/or replacement services for  the  wa ll s  and Signage Monumentation system components. includ i ng  but  not  l imited  to electrica l ,;.,,i ri ng and controll ers, \Vhich shall be clone i n accorda nce with specifications to be provided to the District for approva l at the time of the Association's assumpti on of Maintenance Serv ices for same.

Prov ide cleaning and pai nti ng serv ices  for \Va lls, monuments and  related  signs. i nclud ing thei r structural elem ents.

Prov ide maintenance, repa i r and/or  replacement  services  for  accent  l igh t i ng fixtures. incl uding bul bs.

EXHIBIT "D"
REQUEST FOR IMPR OVEMENT INSPECTION

I I V il l agio Com m unity Assoc i ation, I nc.
clo Leland Management Com pany 8009 South Orange Avenue
Orlando. Florida 32809 Attention : President

Jn Re:		PRINCIPAL ONE COMlvlUNITY DEVELOPMENT DISTRICT/IL VILLAGTO CONDOi'vlIN IUM, TOU CHTON ROAD. .JACKSONVILLE. FLORIDA

Su bject Matter:	Req uest for Improvem en t I nspection (Main tena nce Agreement)

Dear Sir:

On behal f of Pri ncipa l One Com muni ty Development District and i n accordance with the term s of the above identifi ed Main tenance Agreement, you are hereby req uested to schedule and attend a joi n t inspection of those Improvement s described in the attached l ist and/or "As Bui I ts" if any.

Please contact [name of District representative] in order to schedule this joi nt i nspection .

Very trul y yours,

EXHIBIT "E" INSURANCE REQUIREMENTS
Below is shown 1hc i\•l l N livlUi\·1 accepiable i nsurance 10 be carried under 1his Agreemcnl:

Commercial General Liabil i1y:

Bodily Inj u ry Limil :
$ 1.000.000
S l .000.000
Properly Damage Limil:

Each Occurrence Annual  Aggrega1e

S 1 .000.000	Each Occurrence
S1.000.000	Annual Aggregate
( B)	or a Combined Single Limil or 13udil  I njury and Propcny D:1111age : S1.000.000		Each Occurrence
S 1.000.000	Annual Aggregale
(C)	The Commercial General Liabi l i1y shal l include Conlraclual Liabilily.

11.	Comprehensive Automobile Liabi lity:

(Al	Bodily I njury Li mi t :
s 500.000
$1.000.000
Property Damage Li mit :
s 500.000

Each Person
Each Occurrence

Each Person

(13)	or a Combined Single Limil or Bodily Injury and Proper!)
Damage Liabi lity:
S1.000.000	Each Person
S1.000.000	Each Occurrence

111.	Workers Compcnsation	Statutory Lim ils

and	$ 100.000	Each Accident	
	$500.000	Disease-Pol icy Li m i t	
Employers Liabil i ty	$ 100.000	Disease-Each Employee	
IV.	Umbrella Excess Liability Insurance:

(A)	Sl .000.000
s1 .000.000

Each Occurrence 1\nnu al Aggregate

(B)	The aforementioned umbrella coverage shall be no more rcsirictive than coverage requ ircd for the
underlying  pol icies.

\I.	Notice of Cancellation :

The Insura nce afforded above may not be tcnninatcd or reduced unless th irty (30) clays prior wrillen notice or uch 1ennin ation or reduction is mailed to District (unless 1erminated for non-payment in which eve111 1en ( I 0) days noiice i s requ ired).

V I.	Insurance Ceni ficate:
District shall be l isted as an additional insured for the above Commercial and Umbrella Liabi l ily insurance coverage and a certi licate of insurance rcllecting same shall be deli vered to Dis1rict. wh ich ceni ficatc or insu rance shall be
updat ed on a continuin g basis t h roughout the Tenn of this Agreement.

DEVELOPER' S CONSENT, JOINDER   AND AGREEMENT

STATE OF FLORIDA	)
)ss:
COUNTY OF DUVAL	)

DEERWOOD DEVELOPMENT, L.L.C., a Florida  limited  liability  company  (the "Developer") hereby certifies that i t is the developer of the II Villagio Condomi nium Project and was responsible for the construction or installation  of the Improvement s upon  the Property  acquired  from it by PRINCIPAL ONE COMMUNITY DEVELOPMENT DISTRICT that is the subject of this Maintenance  Agreement.

The Developer does hereby consent to the Maintenance Agreement and joins in it to the extent that it agrees, at its sole cost and expense, to rectify any deficiencies identified by the Association and make whatever repairs to or replacement of the Improvements (as defined  in the Agreement  ) that may be necessary, if any, in order to induce the IL VILLAGIO ASSOCIATION, INC. initially to accept responsi bility for maintaining the Improvements in the  manner  provided  in  Section  6  of  the Agreement.

IN WITNESS WHEREOF, the Developer has caused these presents to be sined by its Designated Representat ive with the authori ty of its Members, this   Ist day of <OC[Oi3f L 2005.

DEERWOOD DEVELOPMENT, L.L.C.,

a Florida limit d liabil ·

By:

STATE OF FLORIDA	)
COUNTY OF DUYA L	)

The foregoing instrument was acknowledged  before me thisJ/j/-day of /}1 /d/J?)   -.2005, by Jorge Ortega as Designated Representative of DEER WOOD DEVELOPMENT, L.L.C., a Florida limited liabil ity company. He is personally known       .-/ and/or produced	as identification.

(Notary Seal)