INSTR # 2015000030289. Pages9Doc TypeCER. Recorded 02'12'2015at03:00 PM,Linda Doggett, Lee County Clerk ofCircuit Court

Rec. Fee $78 00

This instrument prepared by: Deputy Clerk JWATKINSChristina Harris Schwtnn, Esq.PAVESE LAW FIRM

1833 Hendry StreetFort Myers, Florida 33901(239) 334-2195

CERTIFICATE OFAMENDMENT

TO THE ARCHITECTURAL GUIDELINES

AND REVIEW PROCEDURES OF

ROYAL-TEE HOMEOWNERS' ASSOCIATION, INC,d/b/a CAPE ROYAL HOMEOWNERS ASSOCIATION

THE UNDERSIGNED, being duly elected President and Secretary, respectively, ofRoyal-Tee Homeowners' Association, Inc., a Florida not-for-profit corporation, do hereby certifythat the resolution set forth below was approved by the Board of Directors at a duly noticedmeeting of the Association for the purpose of amending the Architectural Guidelines and ReviewProcedures as authorized by Section 10.10 and Exhibit D of the Declaration of Covenants,Conditions and Restrictions of Royal-Tee Homeowners' Association, Inc. originally recorded atOR Book 2176, Page 2645 et seq., as amended in the Public Records of Lee County, Florida.

1. The following resolution was approved by Board of Directors pursuant to itsauthority at a duly called meeting of the Association.

RESOLVED: That the Architectural Guidelines and Review Procedures have been

revised as of September 8, 2014 and the revised Architectural Guidelines and Review Proceduresare adopted in the form attached hereto as Exhibit "A", and made a part hereof; and

Dated this 3 \ day of

AWilaiess

Certificate ofAmendment

ROYAL-TEE HOMEOWNERS'

ASSOCIA TION, INC.

A /\

By; •Witnes^ /James Wheeler, President

.AAttest^pA^yj

Barbara Johns<^CSee^tary

Page 1 of2

STATE OF FLORIDA )

COUNTY OF LEE

(Notary Seal)

)SS:

)

Commission No:

81931.001 #631

Certificate ofAmendment

e foregoing instrument was acknowledged before me this 3i^ay201^,^y rr; President ofRoyal-Tee Homeowners' Association, Inc., anon-profit Florida corporation d^/a Cape Royal Homeowners Association, on behalf of thecorporation. He/She is personally known to me or has producedas identification and did not take an oath.

Signature ofNotary Public

(Print, type or stamp commissioned namePublic) LfEP.ANDERA

MY COMMISSION f EE118854EXPIRES;December 4,2015

Bonded ThwNoteyPuWicUndeiwltera

ofNotary

Page 2 of2

CAPE ROYAL HOME OWNERS ASSOCIATION

ARCHITECTURAL GUIDELINES AND REVIEWPolicy No.: 600

Date: August 16.2007.

Revision Date: 8 September 2014

Scope:

To implement guidelines for property owners, their architects and contractors and to provide information andrequirements that will be helpful in the design and construction of homes at Cape Royal and to explain thearchitectural review process.

These guidelines address the specifics of construction, design, and site improvement. No guideline is intended to conflict withany federal, state, or local law, rule, ordinance, or regulation, or with any private restrictions applicable to Cape Royal. Shouldany unintentional conflict arise, then these guidelines shall always be interpreted to comply with any of those superiorauthorities.

Policy:

The Architectural Review Board (hereafter ARB) shall be a permanent, standing Board of the Cape Royal HomeownersAssociation and the ARB Chairperson shall be appointed by the community's Board of Directors. The ARB shall consist of noless than five members, as the Board shall decide from time to time. Members of the ARB shall serve at the pleasure of theBoard of Directors and shall serve voluntarily and without compensation. Decisions by the ARB shall be made by the majoritypresent. The background of the ARB members should be such as to be knowledgeable in matters that come before thecommittee. If the Board of Directors approves, the ARB may hire as its consultant an architect experienced with service onARBs and said architect's qualifications and compensation must be approved by the Board of Directors.

Allarchitectural review shall be conducted by the ARB.

Procedures:

Architectural Criteria

General Comment: The paragraphs that follow provide specific guidelines for consideration in planning any residence for CapeRoyal. The overall aesthetic impact of a residential design involvesissues of taste and Judgment which can be reduced tosubstitution of the tastes and aestheticJudgments of the members of the ARB for those of the homeowner whose residence isunder consideration; provided, however, these guidelines are intended to empower the ARB to prevent the construction ofany residence, or aspect thereof, whose exterior aesthetic impact or appearance will dramatically conflict with the southwestFlorida residential designs. See Declaration of Covenants, Conditionsand Restrictions, Royal Tee Homeowners AssociationCovenants recorded in OR 2176, Pg.4645 et seq., as amended, in the Publicrecords of LeeCounty for further clarification.

A. Flood Plain Elevation: Asof the date these guidelines were revised. Cape Royal is located within Zone "AE" per theFlood Insurance Rate Maps (FIRM) with a Base Flood Elevation (BFE) of 8 feet NAVD 88; consequently, finishedfloorelevation (FFE) for all regulated areas of residences must be at or above the BFE required by the FIRM. Maximumevaluation of the FFE shall not exceed 9 feet. If it is required by governmental entities to increase the elevation abovethis level, then both the BFE shall be increased to comply with applicable law and the FFE shall not exceed anadditional 12 inches above the BFE. Any required increase in FFE elevation willbe the minimum required to meet theintended purpose. FFE elevation certificate to be provided to ARB prior to pouring of the tie beam.

B. Exterior Design: inevaluating the exteriorappearanceofa home,the ARB takes into consideration all ofthe elementsofdesign which contributeto a successful design solution, including the relationship of proposedconstruction to existing naturaland man-made features; views from the home and adjacent structures; effect on the streetscape, common open space,neighbor'sdriveways, parking and landscape treatment; the relationship of the proposed structures to surroundingstructures and site size in terms of lot coverage, height, width and overallvisualimpact; and the relationship of roof shapesand treatment to the overall design conceptof the home. No flat deck or build-up roofswill be permittedasanyportion of aroof design plan.

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CAPE ROYAL HOME OWNERS ASSOCIATION

C. BuildingDevelopment Standards:1. All construction activities will require the placement of a silt fence around the work site encompassing the entire rear

property line and both side property lines. Silt fence must be maintained during the entire construction process.

2. Minimum required:a) Living area (Defined as "enclosed air conditioned space")

• Single-story 1800 square ft.• Two-story Not less than 1500 square ft.-- first floor

b) For all single family residential construction the maximum height shall be no more than 35 feet at thehighest point of the construction. This includes all aspects of the construction. The 35 foot limit shall bemeasured from the BFE requirement for our community as set forth in the Federal Flood InsuranceProgram. Any increase in FFE above BFE will not permit an increase in overall height from the BFE. Thecurrent BFE Is 8ft NAVD 88.

c) Setback:For homes in Sections A & B of the community setbacks shall be as follows:

• Front Setback 25 feet minimum

• Rear Setback 20 feet minimum

• Side Setback 10 feet on interior lots

25 feet on corner lots

For homes in Section C of the community setbacks shall be as follows:• Front Setback 35 feet minimum

• Rear Setback 20 feet minimum

• Side Setback 10 feet on interior lots

25 feet on comer lots

Notel: Subject to ARB approval, if a lot in Section C is affected by a Lake MaintenanceEasement an application can be submitted to the ARB for a reduction of FrontSetback to 30 feet.

Note 2: For all Sections of the community see Pool Notice Document for further information onRear setback for homes with pools.

d) All NewConstruction will have a minimumfront width elevation of sixty-four(64)feet.

Note: No Stilt (Piling) home or mobile or modular structure of any kind will be permitted at Cape Royal. Singlefamilyresidences only are permitted on residential lots. Horizontaleave projection from wall not to exceed 36 inches.Definition: Setback—The distance between the furthest extension of an exterior wall of the main structure and nearest lot line.

D. Service Areas include areas which accommodate air conditioning compressors, garbage cans, the electrical service entranceand other items that by their nature present an unsightlyappearance. Such area or areas should be screened from view byan enclosure (Constructed or Landscaped) that is an integral part of the site development plan usingmaterials and colorsthat are harmonious with the home it serves.

E. Off Street Parking, Driveways and Drainage1. In Sections A & B all homes will be constructed with a storm water drainage culvert extending across the width of

the property extending to within 1 foot of the property lines.The culvert is to be of concrete construction with aninside measurement of 12" X18". The ends of the culvert are to be mitered at 30 degrees from the horizontal (2:1slope) to allow access for cleaning. The culvert will be set to an invert in accordance with existing drainagedrawings or as approved by the Cape Royal Roads, Drainageand Lighting Committee. Where an existing concretecatch basin exists at a suitable elevation the culvert will penetrate the catch basin and terminate at the inner edgeof the catch basin wallwith a 90 degree cut. The catch basin wall must be core drilled to accept the culvert.

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CAPE ROYAL HOME OWNERS ASSOCIATION

2. Under certain circumstances (such as lots with sharply curved frontages or corner lots) and only with approval ofthe ARB corrugated polyethylene pipe may be permitted. When approved, this pipe must be 15" diameter dualwall, smooth Interior, H20 load bearing, soli tight drainage pipe type N12 as manufactured by ADS or ARBapproved equal. Allother Installation requirements In paragraph 1 above will apply.

3. A minimum 12" square drainage box will be installed street side at each property line (If not already present) andpiped underground via minimum 4" flexible drain pipe Into the connecting swale or catch basin (through a coredhole) where present at the property lines. The flexible pipe will descend from the drain box to a pointapproximately at the elevation midpoint of the adjacent culvert. The drain box will be securely set at the adjacentstreet elevation or up to 1" below this point. The drain box will be set 6"-10" from the street paving In the soddedarea. Drain box may be of heavy polymer, steel or cast iron construction with a removable leaf guard on top.

4. Driveways should be graded so as not to shed water from outside of the roadway right of way onto the road.

5. Allhomes will have a defined driveway construction of concrete, paver bricks, or other suitable impervious materialapproved by the ARB committee. No unpaved or asphalt driveways will be permitted. Driveways must offer offstreet parking for at least two (2) automobiles parking side by side.

F. Garages. Garages must provide space for a minimum of two cars.

G. Fences, Screens and Sheds: Fences are not permitted to enclose or define property lines of Individual home sites. Fencesor screens may be used; however, upon approval of the ARB Board, to enclose service areas, patios, or other areas requiringprivacyas long as the fence does not Impede the view of any adjoining property owners.

H. Antennas: Cable Television Is available at Cape Royal. Where an antenna Is desired It must be located within the house orattic. Noexterior antennas will be permitted with the exception of smallDirectTV/Dlsh Satellite dishes as allowed by FederalLaw. Direct TVand Dish antennas must be attached to the house and not placed on any stand-alone pole, unless the pole Isconcealed and Is behind the front setback.

I. Landscaping: Alandscape plan shall accompany every new home application.The requirements of this planare providedelsewhere herein.

J. Irrigation:Underground landscapingIrrigationmust be supplied bythe publicwater system, unless a properlypermittedwell has been approved by local authorities and the ARB. Nowater shall be used for any purpose from any of the lakesalongand belonging to the golf course. The same shall be deemed as trespass and theft.

K. Exterior Materials, Colors and Textures: All exterior materials and colors are to be specified Inthe submitted plans forapprovaland are expected to harmonizewith the natural surroundings. Materials, whichare appropriate to achievethisharmonyand Include but are not limited to colorsthat are normally moresubdued earth tone colors. Building materials usedshould be fundamental to the house design. Non Indigenousmaterials should be avoided. Exteriorfinish materialsareexpected to be of the very highest quality.The proposed roofingmaterial, colorand application will be critical parts of theARB's design evaluation. Goodqualitywindows and doorsare required;withallaluminum unitsbeingfinished in a factoryappliedcolorfinish selected to harmonizewith the exterior colors.Window shutters are appropriate when sizedto matchwindow openings and mounted to appear functional. Thecommittee must approveawnings for color,material and shape.Samplesof allexterior materials,colors and textures maybe requested at the time of reviewfor clarification.

L. Repetitive Designs: Some housedesigns may be unacceptable fora particular lotbecauseofsimilarity to homes In theImmediate neighborhood. If, In the Judgment of the ARB Board, the basic style, roofllne, exteriormaterials, colors or thefeatures of a home are too similar to Its neighbors, the design will not be approved.

M. Mailboxes: An approved community standard mailbox Is required andItsheight, design, andplacement must beapprovedby the ARB. The Initial cost to provide and Installa mailbox Isthe responsibility of the property owner.

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CAPE ROYAL HOME OWNERS ASSOCIATION

Landscape Criteria:

General Statement: Plans submitted for approval to the ARB must address the landscape features and plans for the home siteand must demonstrate compliance with the Landscaping Criteria. Any changes to the approved plan must be submitted inwriting to the ARB for approval prior to planting. Planting per the approved plan must occur prior to occupancy. If a pool isincluded, the landscape plan must include its location before plan is submitted for review.

A. Non-interference Easements: No structure or other material shall be placed or permitted to remain on a lot that maydamage or interfere with the installation and maintenance of utilities or drainage facilities located in the utility easementsshown on the plat of Royal-Tee. The easement areas located on each home site and all improvements thereon shall bemaintained continuously by the owner except for those improvements the maintenance of which is the responsibility of apublic authority or private utility.

B. Sight Distances at Intersection: No wall, fence, hedge, shrub or planting which obstructs sight lines between two (2) andsix (6) feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by thestreet lines and a line connecting them at points twenty-five (25) feet from the intersection of such lines or in the case of arounded property corner from the intersection of the street lines extended. No tree shall be permitted to remain within suchareas unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

C. Landscaping Plan: No artificial vegetation shall be permitted on a home site outside of the structure thereon. Nostructure, planting or other material shall be placed or permitted to remain on a home site which may damage or interferewith the elevation or slope of the surface of a home site, create erosion or siding problems, change the direction of flow ofdrainage channels, or obstruct or retard the flow of water through drainage channels or is likelyto encroach neighboringproperties. Exhibit "A" to these guidelines contains the minimum landscaping requirements.

Sod shall be required in the front, side, and rear yards of lots. Seeding or sprigging willnot be permitted on any lot. Eachlotowner shall be required to plant (A) appropriate landscaping along all exterior front, side, and rear walls of allstructures and(B) a minimumof six(6)trees per lot. Only trees located withinthe property boundary (not including the rightof wayarea)will qualify to meet the 6 tree minimum. Useof existingtrees is included in this requirement; provided however, corner lots,and lots that are considerably larger than average sized lots in the development shall be recommended to plant more thanthe minimum number of trees. Potted plants or trees will not be included in the count to determine minimum numbersrequired.

Views of the golfcourse and waterways from adjoininglotsshall not be screened from view. Noplant material over three (3)feet in height or less than sixfeet of clear trunk shall be planted in the area formed by the intersection of the rear and sideproperty lines; said height requirements will be permanently maintained. Appropriateplant materialsshould be ofreasonablymature sizeand spread, giving the property a finished, complete and established aspect; allowing for manicuredgrowth. All planting plans submitted shall providethe following information:

1. Location of septic tank and drain field.2. Location and botanical name of all plant materials shall be noted on the plans.3. Size of all trees and shrubs shall be noted by height and spread.4. Quantities of all plant materials shall be noted on the plans.5. Proposed ground coverbeds, shrub masses, or lineal hedges shallbe noted in quantity, size,and spacing.6. All tree pits, shrub and ground cover beds shall receive mulch or rock.

D. Outdoor Lighting: All outdoor lighting shouldbe lowkey, intended to intimate specialeffect only. Accent lighting ofplanting is discouraged and the use of color lights is prohibited.

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CAPE ROYAL HOME OWNERS ASSOCIATIONReview ProceduresGeneral Statement: Plans (Architectural and Landscape) for all proposed construction, whether new, alterations, orremodeling, must be approved by the ARB Board. All planssubmitted for approval must be Ina form adequate todemonstrate compliance with the guidelines.

A. Application: TheARB shall provideallowners witha standardizedapplication form whichmust be filled out Infull, signedbythe owners and accompanied by no less than two (2) sets of owners plans. The submitted plans must be project specific (nogeneric plans or drawings will be accepted for review) and Include all details required to allow review of all requirements andprovisions contained In this document. Failure to meet this standard will require resubmlsslon of drawings and a delay Inreview/ approval for construction. Unstamped drawings may be submitted for the ARB review. However, a set of stampeddrawings must be submitted prior to start of construction. Any differences between unstamped and stamped drawingswhich relate to any provision or requirement of this document must be notated as to changes and reviewed by the ARB andapproved prior to the start of construction. Application must Include contact Information for both the contractor and the lotowner. I.e., address, phone number and e-mall Information.

B. Review: The ARB shall complete Its review of the plans and respond within 30 days of the date of the receipt of theplans by the ARB. Failure to respond then shall be deemed to be approval. ARB may reject the application and plans onlywhen there Is Insufficient Information submitted to determine compliance herewith or that suggested changes by the ARBwould be non-productive without a new submission substantially In compliance. Otherwise ARB response shall be either anapproval of said plans, or approval subject to changes In writing of the plans. When approval Is granted, each sheet of theplans shall be marked approved, dated, and Initialed by the ARB. If the plans are approved subject to change, owners shalleither note acceptance of changes on the application form or appeal those changes to the ARB who shall have the finalauthority. The ARB shall retain one set of plans, returning one set to the owner.

C. Contact: Until further notice all applications and plans shall be delivered to

ARB Chairperson1242 SW Pine Island Road

#42-444

Cape Coral, FL 33991

Upon submission to the above address an email should be sent to gnhansen@comcast.net notifying the ARB of thesubmission.

D. When changes to the project design occur to a portion of the project controlled by this document after initialARB approval, the ARB Board must be notified and provided revised drawings and other documentation pertaining tothe change for review and approval by the ARB at a scheduled meeting.

Responsibility - ARB

The ARB Board is the responsible body to enforce the Policy and Procedures as written herein.

Responsibility - Lot Owner and General Contractor

A. Lot Owner and/or General Contractor must have written consent from lot owner to use their lot duringbuilding construction. This includes but not limited to parking, staging, extra fill etc. A copy of the consentmust be provided to the ARB.

B. Lot Owner and/or General Contractor will restore at the end of building construction the vacant lot to itsoriginal condition used by LotOwner and/or General Contractor for construction.

C. In the event the vacant lot used in buildingconstruction is not restored to its original condition, the CapeRoyal HOA will invoice the new home ownerforthiscost to bring the vacant lotto its original condition.

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CAPE ROYAL HOME OWNERS ASSOCIATION

Pre-Construction Requirements:

A. No construction will be started without written approval of the plans by the ARB. Before approval isgiven, the ownermust sign the Cape Royal construction agreement in which the owner agrees to pay for any damages to streets, curbs,common areas, adjoining golf course, lakes, or adjoining lots caused by lot clearing, house construction or landscaping atowner's home site.

B. Approvalof the ARB does not preclude the necessity for obtaining a permit from the LeeCounty Building Department,and a septic permit from the Lee County Health Department. The builder, lot owners, or architect should insure availabilityof all utilities, an application shall be made to Lee County Electric Cooperative for temporary or permanent electrical serviceand an application for water to the Pine Island Water Association, Inc.

C. No contractor or sub-contractor may perform any work on a lot and/or any improvement thereon except betweenthe hours of 7:00 AM and 6:00 PM Monday through Friday and between the hours of 7:00 AM and 4:00 PM on Saturdays.No work will be permitted on Sundays or National Holidays.

D. Any lot which is improved by means of scraping or filling on which building construction does not start within three monthsof the date of the lot improvement loses ARB approval. Furthermore, if the above three month criteria are not met the lotmust be returned to its unimproved state with respect to grade and ground cover.

I have read all six (6) pages of this document and hereby agree to abide by the conditions as set forth in these pages for theconstruction of my residence in Cape Royal.

Owner Signature/ Date

Contractor Signature/ Date ARB Chairman/ Date

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Royal Tee Landscape Minimum Requirements

Single Stage Bed

• Minimum 3 ft. Wide

Homeowner:

Contractor:

Landscaper:

Double Stage BedTwo Tier-Optional

Notes:

Minimum of 6 trees within property lines.

Distance between plants shall not exceed 3 feet in any

bed and beds shall be a minimum of 3 feet wide.

Minimum of 85% of available perimeter to be covered.

Plants must be a minimum of 3 gallon plants.

Trees: Typical palms i.e. Foxtail, Royals, etc. shall have aminimum of 10 feet of trunk.

Typical hard or soft wood trees shall have a minimum

truck of 8 feet.