Filing# 230561795 E-Filed 08/29/2025 [Link] PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT OF FLORIDA IN AND

FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE 25-003574

SEMINOLE TRIBE OF FLORIDA,

for itself and for the benefit of its
tribal members,

Plaintiff,

V JURY TRIAL DEMAND

LENNAR HOMES, LLC,

Defendant.

AMENDED COMPLAINT
Seminole Tribe of Florida ("STOF" or "Tribe"),for itself and for the benefit of
Plaintiff,

its tribal members, sues Defendant, Lennar Homes, LLC ("Lennar"),and alleges:

INTRODUCTION

1. This lawsuit is between two named Parties,the Tribe and Lennar, for various state

court claims, includinga breach of their contract. This case was originallyfiled all the way back

on March 13, 2025, as a result of Lennar' s negligent and defective design,manufacture and

construction of hundreds of homes, across six of STOF's reservations throughout Florida-the

vast majoritywhich are owned by STOF ("SubjectResidences")-and which negligencedirectly

caused hundreds of millions in damages to the Tribe, includingserious health injuries

to many

members of the Tribe, for which STOF has already incurred, and continues to incur on a daily

basis.

2. This first Amended Complaint is being filed because Lennar: (1) spent the last six

months - almost on a dailybasis- trickingand deceiving the Tribe, into falselybelievingthat

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/29/2025 [Link] 11 PM.****
 CASE NO.: CACE 25-003574

Lennar had every intention of amicably resolvingall of these very serious issues,which have been

pending before this Court (thedesignatedforum under the contract between the Tribe and Lennar),

while actually:(2) simply hiding and concealing the full extent of their intentional misconduct

and fraud, in sellingthe Tribe these horrible and defective homes, which have left the Tribe with

hundreds of millions in direct damages, and hundreds of their individual members with serious

health problems for the Tribe to handle. It is finallytime for this important litigation
to proceed.

3 While STOF and its consultants will continue to assess the dire condition
certainly

of the defective homes built by Lennar, as well as their injuredTribe members and other tenants

with health damages who all resided in these homes, it is now clear that Lennar's failures have

caused damage to STOF and hundreds of its individual tribal members whom STOF has and/or

will pay for reimbursement of out-of-pocketdamages and/or relocation and health care expenses,

amounting to tens ifnot hundreds ofmillions of dollars.

4. This Court - and all Parties - have the great benefit of the extensive litigation
and

precedent,set in the nationwide Opioid Multi District Litigation("MDL") before Federal Judge

a Native American
Polster,and features specifically MDL Track. Plaintiffs and their counsel are

extremely familiar with the Opioid MDL. The Native American Track was one of the most

extensive tracks within the Opioid MDL, whereby the various tribes sought and were provided

monetary relief for the increased healthcare and other costs they incurred as a result of the

devastatingtoll the opioid epidemic took on their members. Almost every Tribe in the United

States has made significant

recoveries for the damages caused to their health systems.

5. Moreover, there are many, analogousdefective construction and health actions and

the Parties look forward to discussing and planning a Case Management Order, to proceed

down both the health and construction

efficiently tracks. The extremely extensive Opioid MDL,

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 CASE NO.: CACE 25-003574

which is providingbillions of dollars for the victims,is a great and helpfulresource for the Court

and the Parties to help them all plan the most efficient course ahead.

6. Ongoing inspectionso f the de fective Lennar homes have a/readv revealed that the

Lennar houses owned by STOF are rife with design and construction defects that have
significant

resulted in property damage and health but not limited to, issues
risks to its residents,including,

mechanical, ventilation,and roofing systems that have

with the building envelope, electrical,

resulted in, among many other things:(a)visible mold; (b) excess humidity,moisture and water

intrusion;(c) elevated mold spores in the breathingzones of the Subject Residences; (d) elevated

within the breathingzones ofthe SubjectResidences.;(e)water intrusion.

dust mite particles STOF

has produced and continues to produce professionalconsultants reports of issues that STOF

continues to learn about on a dailybasis,and reserves all rightsas the issues become known.

7. All Lennar defective houses were alreadyinspectedfor air qualityand mold, and

These defects have also adverselyaffected the health of

not one passed inspection. many tribal

members and have displacedthem.

8 STOF owns almost all of the homes that Lennar built before it was terminated from

the project.
It also owns all of the land beneath all of the homes built by Lennar, as well as all of

the land developed by Lennar. STOF seeks a recovery of damages incurred to all units beset by

designand/or construction issues.

9. STOF is obligated to its tribal members and all tenants to provide in-home

maintenance of all tribal members' primary residences at STOF's expense, as well as relocation

services should any unit be rendered unsafe or uninhabitable. Among other damages, STOF seeks

additional maintenance costs spent to address issues caused

the recovery of the significant, by the

design and defects in all tribal-owned and member-owned units.

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 CASE NO.: CACE 25-003574

10. Many STOF tribal members were unable to purchase these homes outright.
In the

interest ofthe primary purpose ofthis development-housing its tribal members-STOF provided

favorable leases for 313 homes.

11. Many of these leaseholder tribal members have been constructively

evicted from

their houses due to unsafe livingconditions arisingfrom the design and

defects in their [Link] victims suffer,and continue to suffer every day, as a direct result

of Lennar's actions. Due to the presence of mold and unsafe air are
their properties
quality,

uninhabitable. Lennar's breach of its duties has significantly

interfered with the leaseholders' use

and enjoyment of the premises,and as a result of Lennar's failure to remedy the defects and risks

and/or damage to their health,they have been forced to vacate the property and relocate away from

their rental properties.

12. STOF that as inspectionscontinue,the scope of this case will increase

anticipates

with additional information gleaned from those ongoing inspectionsas to

significantly how these

defects are endemic to all units built by Lennar. Further,STOF expects that foimal discovery from

Lennar will expose systemic and identical defects throughout the communities that Lennar

constructed. After STOF has had the opportunityfor brief discovery,STOF will request the

opportunityto amend the complaint once more to bringin all subcontractors as defendants as well.

STOF therefore intends to request leave to amend this Complaint in the future to incorporate

further detail as the full extent of the problems become known.

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 CASE NO.: CACE 25-003574

BRIEF FACTUAL BACKGROUND

13. "Chickee" is the word that the Seminoles use for "house."
1
In the 1830s, the Indian

Removal Act led to the displacement ofthe Seminoles who were fleeingfrom U.S. troops seeking

to displacethem and take their land. Due to this,traditional stationary

houses gave way to an easier

and faster to build, disposableshelter that the Seminoles used -the chickee.

--

14. In late 2019, STOF endeavored to help its constituent members realize their dreams

of owning a brand-new home by facilitating

the development of communities within STOF tribal

residential land for tribe members to purchase and/or lease homes within STOF communities. This

projectstrived to be the largestresidential development ever undertaken by a Native American

tribe in the United States. The Tribe put the projectout to bid among reputabledevelopersand

ultimatelychose Lennar to take on this project.

15. This action arises out of Lennar's negligentand defective development, design,

manufacture and construction of many hundred homes across many of STOF's reservations

throughout Florida. Issues include but are not limited to issues with the ventilation and roofing

systems that have resulted in moisture intrusion and mold.

[Link]

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 CASE NO.: CACE 25-003574

16. Not only has Lennar's faultyconstruction resulted in structural damages, but mold

exposure also may catalyzea myriad of long-termhealth issues for residents. All houses inspected

have failed air qualitytests.

.r

17. STOF and its tribal members' dream, to develop safe,high-qualityhousing on its

reservations for the benefit and access of its tribal members, was entrusted to Lennar-the

company whose "Core Values" are "Quality,Value, and However, Lennar has acted
Integrity."

and has certainlynot brought value to

without integrity, STOF by building low qualityhomes

across six of STOF's reservations throughoutFlorida.

18. Unfortunately,this is another example of a conglomerate

corporationtakingadvantage of its trustingcustomers. Although this time, Lennar has hurt STOF,

the only tribe in America who has never signeda peace treaty,and is not afraid of banding together

and defending its members who have been wronged.

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 CASE NO.: CACE 25-003574

1MIAMI-BASED LENNAR CORPORATION

It , 1

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.e. ...

Lennar Corporation Reports $ 7.33 Billion Revenue in Ql, February 2024.

6.
19. Lennar Corporation("Lennar Corp.),Lennar Homes, LLC's parent company, was

founded as a local Miami homebuilder, F&R Builders,in 1954 by Gene Fisher and Arnold Rose.

Two years, Leonard Miller joined and became a co-owner of F&R Builders and partneredwith

Arnold Rosen. In 1971, Leonard and Arnold renamed the company Lennar and completed its initial

In 1972, Lennar Corp. was

publicoffering. listed on the NYSE under the ticker "LEN. ,,2

20. From its humble beginnings,Lennar Corp. now has a market cap of 33.949 billion

3
dollars: and even has passed investment muster of the legendary Warren Buffet.4

21. On August 17, 2025, it was reportedthat Warren Buffett's Berkshire Hathaway,

Inc. publiclydisclosed previouslysecret investments totaling$1.8 billion in several companies.

Lennar Corp. was one ofthese companies. Berkshire Hathaway's stake in Lennar Corp. represents

2
[Link] com/about/history
3
[Link]
4
[Link]
[Link]

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 CASE NO.: CACE 25-003574

a substantial vote of confidence by one of the most prominent and sophisticated

investors in the

5
world.

22. In the first half of 2025, Berkshire acquired more than 7 million shares of Lennar

Corp. stock valued at approximately $800 million. In the second quarter of 2025, Berkshire

purchased approximately 5.3 million shares worth $575 million after acquiringan additional 1.8

6
million shares for $222 million in the first quarter.'

23. By leveraginginvestor confidence, Lennar Corp. strengthensits market position

while continuingto disregardthe trust and safetyofthe Tribe and its members who were deceived

into livingin and purchasingegregiouslydefective homes from its Defendant Lennar

subsidiary,

Homes, LLC.

24. Because Lennar Corp. is based in South Florida,major investments as described

above fuel Lennar Corp.'s abilityto mass produce defective homes in areas where the Tribe

operates. Indeed, accordingto a real estate news publication,

Lennar Corp. "has particularly
seized

on south Miami-Dade County, an area with vast land supply that comes at a discount compared

with development sites in South Florida's urban cores."7

25. Berkshire Hathaway's largeinvestment into Lennar Corp. signalsthat Lennar Corp.

and Defendant Lennar Homes, LLC will continue to aggressivelyexpand in South Florida and

increases the likelihood that the same described in this Complaint

defective construction practices

5
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[Link]
in-homebuilding-giant-lennar
7
[Link]
shares/

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 CASE NO.: CACE 25-003574

will be [Link], the threat of additional harm to the Tribe is not speculativeor remote, but

rather imminent and ongoing.

26. The investment disclosure illuminates how Lennar Corp. continues to attract and

profitfrom major institutional investors. Lennar Corp. remains one of the largesthomebuilders in

againstDefendant Lennar
the country. Yet, despiteserious allegations Homes, LLC of defective

construction and failure to deliver safe and properly built homes on the Tribe's reservations,

Lennar Corp. continues to secure substantial financial backing.

27. While Lennar Corp. promotes itself to investors and enjoys access to billions in

capital,its subsidiaryhas simultaneously failed to honor its obligationsto deliver safe and

habitable residences to STOF.

28. Juxtaposing Lennar Corp.'s abilityto attract high-profileinvestors like Berkshire

Hathaway and its failure to deliver safe and habitable residences makes the premise of this

Complaint clear: Lennar Corp. prioritizes

financial growth and investor confidence over consumer

safety.

29. Berkshire Hathaway's investment provides Lennar Corp. with even greater

financial and leverage to expand

credibility its [Link] with such strong financial

backing, Lennar Corp. is well-positionedto continue mass-producing homes at scale in South

Florida and thus perpetuate the defective practices

that are allegedin this Complaint.

30. According to Lennar Corp.: "Nothing makes me more proud than to say that in all

the 40 years I have been with Lennar, one thinghas never changed - Our leadershiptruly cares

for the wellbeingof Associates,always givesback to our community, and encourages all of us to

8
be part ofthat culture."

8
[Link]

9
 CASE NO.: CACE 25-003574

31. Lennar Corp. has experiencedexceptionalgrowth. It added a mortgage arm to its

offeringsand opened locations all over the United States. To date, Lennar Corp. has constructed

more than one million new homes for families all over the country. Over 53,000 of those homes

were finished in 2020 alone.

32. Lennar Corp. reportedtotal assets of $33.207 billion with a total equityof $20.996

billion. Its financial services and mortgage aim reported$79 million in earningsin the first quarter

of 2023, down from $91 million in the first quarter of 2022. Lennar Corp. employs over ten

thousand people.

33. There is very little competitionas to the homebuilding knowledge, resources, and

abilityof Lennar Corp. and its leaders. In 2018 alone, the year before STOF acceptedLennar's

bid, Lennar Corp. accepted approximately 45,826 new home orders and reportedmore than $20

billion in revenue.

34. Stuart Miller serves as the Chief Executive Officer and is considered one of the

country'sleaders in home development and a great leader in our local community. He is a member

of the Board of Directors of Lennar Corp., co-founded and served as Chairman of the Board of

LNR Property Corporation and is past chaiiman of the Joint Center for Housing Studies Policy

Advisory Board at Harvard [Link] March 2000, Stuart joined the Board of Directors of

Builder Homesite, Inc., a consortium of homebuilders nationwide who represented$46 billion in

gross revenue and built over 203,000 homes in 340 communities across the continental United

States.

35. As a publiccompany, Lennar Corp. is requiredto file annual "Form 10-K" reports

with the SEC. In Lennar Corp.'s most recent 2024 Annual Report, they state, "Our construction

10
 CASE NO.: CACE 25-003574

playbook has three primary areas of focus: lowering construction costs, reducing cycle time and

5,9
achievingeven flow production.

36. Lennar Corp.'s sometimes misplaced focus on "lowering construction costs" and

reducingcycletime has led to the common defects in the SubjectResidences which are delineated

throughoutthis [Link] and Lennar Corp. are aware that lower construction costs are a

recipefor defective conditions,especiallyin harsher climates like Florida's,where high humidity

and heat create haimful effects on poor qualitybuildingand are catalysts

for mold.

37. According to Robert Knowles, presidentand founder of the National Association

of Homeowners and licensed professionalengineer,avoidable defects are caused by business

that focus on buildingand selling

practices quickly,with minimal concern for repeat business or

10
qualitycontrol. He stated,"There is no bonus for building the house to code, for quality...

There's only bonuses for speed... and volume." Id.

9
[Link]
[Link]. The 2024 Annual Report also outlines Lennar's warranty:"We warrant our new
homes againstdefective materials and workmanship for a minimum period of one year after the
Although we subcontract virtually
date of closing. all segments of construction to others and our

contracts call for the subcontractors to repairor replaceany deficient items related to their trades,
we are to the
primarilyresponsible homebuyers for the correction of any deficiencies." Id.
10
[Link]

11
 CASE NO.: CACE 25-003574

BEING"LENNARED ,,

"You have to start

value-engineering every component of the home, which means making
..
but in the way that you actuallyconfigurethe homes.'
compromises, not in quality,

Lennar Corp. Co-CEO Stuart

- 11
Miller.

38. The issues that STOF is facing with its housing are not unique to its specific

developments. Lennar has had to deal in the past with allegationsof negligent and defective

development, design,manufacture and construction based on the same type of defects as in the

SubjectResidences.

39. For example, Lennar homeowners created a Facebook group "to post about any

ongoing neighborhood or construction issues." The group has almost 40.8 thousand members. See

[Link]

Lennar Homeowners -
Complaints and
Issues
0 Public group 40.8K members
* Join group V

40. Some upset homeowners have even coined a term for this pattern of conduct -

>12
"Being Lennared."
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11
[Link]
12
[Link]
[Link]

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 CASE NO.: CACE 25-003574

41. One viral TikTok video, posted by user Ashley Frazier "ashthorloki" on 3/26/25,

shows a mold problem in a new Lennar home, which grew so out of hand that Frazier developed

a lung nodule at age 27 and her house was deemed uninhabitable. Yet, "Lennar also told [herlit

was not part of their 'protocol'

to test for mold behind the walls & that [her]walls 'were dry'

despite having moisture gauge readings this [42.4 and 36.0] high." See

[Link]

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miemoltl?WisifilEVERY
cabin@t att65@ the<ENTIREhblj-?

13
 CASE NO.: CACE 25-003574

Picture of the letter stating the evaluation site has

been deemed uninhabitable:

lilli IE .2+

zz:=E21!1RZi,UiLZRiUEE.W.,U,AA
%4[kiI?Elj%:ikmi*161]MKZIA
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Picture cf what Lvnnar stated needs {o be repaired ..,l?C. [JLI,3. *.A .111*1 .il,? Ihc( c,ilci. Iu, 1 )1/.tw ( .?1,?, ,?[Link].t P,ewnl ,-< l IN 3.,Ie th.1,

*s wei; as the cause of the mold '

4,-?e Ii, nl.,Ii.n.,k .ilid .lniai,ie. Ii.i,?. im,J/W Iilll i,i,il,1 .h,??d
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--

UNINHABITABLE
42. Frazier "discovered a severe mold infestation in her new home, which was so full

drippingwater. But she said Lennar told her

of moisture that the ceilingsand walls were literally

the mold levels were 'not elevated' and offered to repairone square foot of drywalland a few base

13
cabinets. She said a repaircost analysisarrangedby her lawyers came out to $467,200.48."

Picture of all the mold counts put into her floor plan:

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[Link]

14
 CASE NO.: CACE 25-003574

43. Similar defects have alreadybeen found at STOF homes which were constructed

with water, humidity

by Lennar, includinga lightfixture being filled approximatelythree-quarters

levels of 91%, and the presence ofmold.

44. On news
June 26,2025, investigative site Hunterbrook Media publishedan article

and accompanying video about exactlythis type of conduct, focusingon Lennar Homes and D.R.

14
Horton.

45. The article states that one Lennar homeowner's house was condemned by city

officials due to "a mold infestation so severe that her previouslyhealthy teenage son was unable

to attend school." Id According to the homeowner, "Lennar offered to clean the ducts...

downplaying the problem even after biochemical inspectors

the company hired declared the home

a total loss. The inspectorstried to reason with Lennar, saying there was 'a sick kid involved,'...

but Lennar didn't budge." Id.

46. Complaints againstLennar for housing are not uncommon, as Hunterbrook's screen

capture of Lennar Homes, LLC's Better Business Bureau page shows. Id.

-
WIIESS PROFILE
HO- 8 J /%
Lennar Homes, LLC
?1?nd,?.,n-[rr-

,?.,-.- F.r?? 588 Jk<'4?.J?Ie'J Bus 1 [Link], #'.1 6.,JI,j,?

Customer Review Ratings

ESEAESE.7E.-Y
1.24
Average of 378 Customer Reviews

Customer Complaints Summary

= 1.127 total complaints In the iast 3 yf
te6rs

v' 252 complaints closed in the last 12

months

HNIR
BRK

14
[Link]

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 CASE NO.: CACE 25-003574

47. One issue outlined by Knowles is that Lennar sets aside far less for expected

warranty expenses than the amount of estimated repaircosts which are typicalfor defects in a new

home. Id.

BUIL DERWARRANT't SET-ASIDESVS. ESTIMATED REPAIR COSTS PER HOME

-------------------------------
F ??mated RepaiT :osl I

Illgh)

[Gwmt/Repa,1-Costl[mv)

52,348

=r
BRK

A chart comparing the estimated range of repair costs in new builds to We 3mount D R, !1orton and Lennarss aside in expected
warrarty expenses last year. Source: SEC Edgar. Hunie,brook

48. And then, when the homeowners attempt to utilize their warranty, it causes a myriad

ofnew problems. Hunterbrook's article states:

Homeowners called the warranty a "sham" and described having to "hound" the

company, "fightingtooth and nail" to try and get their problems addressed. One
compared the experienceto "perfoiminga root canal on yourself."
Even ifthe buyers succeed in this process,
the companies [Lennar and D.R. Hortonl
often make cheap band-aid fixes that don't last,forcinghomeowners to repeat the

cycle all over [Link] one Lennar homeowner put it,"If they do, quote, attempt
torepairsomething,you're left with at least three to five new issues. ... It's very
..
It becomes your full-time job.'
depressing.

Many end up paying for the repairsthemselves. Others, worried about property
value, opt not to pry deeply into the problems and keep quiet.

problems so severe and expensivethat they can't pay for repairs

Still others face

out of pocket,leavingthem stuck in a nightmare home that they can't even sell.

Other homeowners Hunterbrook interviewed and across online platformssaid the

builders would constantly"gaslight"homeowners, claiming the problems were
within "tolerance" or "standards."

Id.

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 CASE NO.: CACE 25-003574

49. Additionally,Lennar aggressivelypursues its arbitration clauses with direct

purchase homeowners to keep lawsuits out of the public eye, prevent a public record of

proceedings and facts,and prevent binding legalprecedent.

50. Regarding Lennar Corp.'s 10-K statements on its warranty, Hunterbrook notes that

..
it says that "we to the
are primarilyresponsible homebuyers for the correction of any deficiencies,'

while pointingout that subcontractors are contractually

requiredto "repairor replaceany deficient

..
items related to their trade.'

But these subcontractors may be less than eager to come back at their own expense
,,,
to fixwork the builder has alreadypaid them for. "'I'm tired of working for free,
one Lennar homeowner recalled a repaircrew who came to fix the issues at her
Lennar house as saying."I went through that with four different subcontractors
within the first month." She added, "So, they have no incentive when they send
..
people out to inspecta problem.
that hasn't been the
Moreover, despiteLennar's claims of "primary"responsibility,
experiencefor some buyers. The same Lennar homeowner, for example, recalled a
saying "'it's up to the subcontractor to hold up
Lennar warranty representative their
end ofthe warranty."

The warranty policiesHunterbrook reviewed also explicitly

disclaim any standard
for repair work, however shoddy or [Link]'s 2024 Homebuyers'

Warranty Guide, for example, states the company has the "sole rightto determine
the repairsor replacements necessary" based on "Workmanship Standards" it
states that any repairsit perfoims cannot extend the
defines. It also explicitly

warranty's originalexpirationdate.
Frustrated homeowners described "begging" or having to "fighttooth and nail" to
get the company to address their problems. Other approaches include postingon
Facebook; filinga complaint with the Better Business Bureau, the county, or the
state attorney general'soffice;taking the story to a local news station;or even

threateningto sue.

Id.

51. Regarding the warranty, Bridget Smith, a Lennar homeowner from Colorado told

Hunterbrook that "I hounded them. I hounded them so much. In fact,they called and begged and

pleaded to my husband to have me stop b['*******1I about them on Facebook," which "helped get

the builder to cover most ofthe issues covered by the warranty - except the estimated $42,500 in

17
 CASE NO.: CACE 25-003574

repaircosts for water damage caused by a construction defect she discovered after the warranty

period."Id.

52. These facts evidence a widespread pattern of unfair or deceptive acts or practices

in the conduct of commerce, and that Lennar had knowledge of these defects from its own

experiencewith other customers.

53. Mold contamination poses significanthealth risks. While mold-specific medical

monitoring claims are rare, analogies to other cases, including PFAS Water Contamination

litigationUnre Hoosick Falls PFOA Cases,Case -No. 1-.19-MC-0018 (LEK/DJS), (N.D.N.Y.),In

Re: PhilipsRecalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation,MDL

No. 3014 (W.D. Pal In re Drywall Products Liability

Litigation, MDL
No. 2047 (E.D. La.),and Petito v. A.H. Robins Co., Inc., 750 So. ld 103 (Fla.3d DCA 1999),

show viable paths for medical monitoring or remediation techniquesfor mold property damage.

54. Seminole Tribe of Florida

Additionally, v. AmerisourceBergen Drug Corporation

et al, Case 0: 19-cv-62286-RAR (S.D. Fla.),and Miccosukee Tribe v. Amerisourcebergen Drug

Corp. et al, Case 1:19-cv-20618 (S.D. Fla.)of the Opioid MDL demonstrates that the Tribe has

standingbased on the economic damages and financial burden of medical care and related costs.

OTHER COMPARABLE LITIGATION

In re Hoosick Falls PFOA Cases

55. In In re Hoosick Falls PFOA Cases, a case involvingdrinkingwater contaminated

acid,which can cause numerous and serious negativehealth concerns. The

with perfluorooctanoic

case was a groundbreakingcase which assessed "whether asymptomatic individuals exposed to a

toxic substance may seek consequentialmedical monitoring damages." Motion for Preliminary

Approval of Class Settlement;Case 1.16-cv-00917-LEK-DJS; ECF 286-1 at 11.

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 CASE NO.: CACE 25-003574

56. The settlement classes for preliminaryapproval were divided four ways, with a

"Medical Monitoring Settlement Class." In addition to the

specific common settlement fund's cash

payments, the SettlingDefendants agreed to fund a medical monitoring program for ten years. Id.

at 18.

In Re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products

Litigation(In Re: Phillipsj

57. was an
In Re. Phillips MDL involvingpolyester-basedpolyurethanefoam which
was used as sound-dampening foam in its sleep apnea machines and its mechanical ventilator

machines, which treat respiratory

failure. See Consolidated Third Am. Class Action Compl. for

Economic Losses, No. 2:21-mc-01230-JFC, ECF 785 (October 10, 2022). The polyester-based

polyurethane foam was susceptibleto chemical breakdown when reactingwith water, which could

result in degradationof the foam and off-gassingof volatile organic compounds. Id Separate

settlements were reached for Economic Loss Claims and for Medical Monitoring Claims. Id.

58. Defendants in In re Phillipsagreed to pay $25 million into a settlement fund, to be

solelyto create "Medical Advancement Program Benefits" for 15 years,

used (not distributed)

which included: "Funding independent medical research ...; Establishinga research registryfor

Settlement Class Members to which they can elect to submit authorizations for the release and

disclosure ofmedical information protectedby HIPAA, 45 CFR § 164.508, for purposes ofreview

and evaluation in connection with the independent medical research referenced above;

Establishingand maintaining an interactive website for Settlement Class Members to access the

current medical infoimation and guidance regarding the long-term health effects...; and

Periodicallyposting on the Settlement Website Relevant Medical Information and Guidance..."

19
 CASE NO.: CACE 25-003574

See Notice of Proposed Class Action Settlement,No. 2:21-mc-01230-JFC, ECF 2879-1 (July16,

2024).

In re Drywa!! Products LiabilityLitigation

59. In re Litigation,MDLNo. 1047

Drywall Products Liability

(E.D. La.),involved toxic buildingmaterials,specifically

defective drywall,that emitted sulfur

compounds, causing corrosion,property damage, and health symptoms.

60. The MDL court approved hybrid settlements: damages for past harm plus uniform
remediation protocols(such as the removal/replacement of drywall,HVAC, wiring) under court

supervision.

Baez v. New York CityHous. Auth., Case No. 13-CV-08916-WHP (S.D.N.Y.)

61. Baez was brought by publichousing tenants who suffered asthma because of mold

and moisture in their New York City Housing Authority apartments. No. 1:13-cv-08916-WHP,

(S.D.N.Y),ECF 1.

62. The court in Baez approved a settlement with a specialmaster, independent data

independent mold analyst,

analyst, strict remediation timelines and a standard
periodicreporting,

See Modified Am. Stipulation

procedure,and publicreporting. and Order of Settlement,No. 1:13-

cv-08916-WHP, ECF 220.

Petito v. [Link] Robins Co., Inc., 750 So. 2d 103 (Fla.3d DCA 1999)
63. Petito is the seminal Florida case recognizing "a cause of action for medical

monitoring when the party seeking relief has yet to develop any identifiable physicalinjuriesor

symptoms." Petito v. A.H. Robins Co., Inc.,750 So. 2d 103, 104 (Fla.3d DCA 1999).
64. The Court held that using the court's equitablepowers, a trial court may

createand supervisea fund for medical monitoring purposes if the plaintiff

proves
the followingelements:

20
 CASE NO.: CACE 25-003574

(1) exposure greater than noimal background levels;(2) to a proven hazardous

substance;(3)caused by the defendant's negligence; (4)as a proximateresult ofthe
exposure, plaintiffhas a increased
significantly risk of contractinga serious latent
disease; (5) a monitoring procedure exists that makes the early detection of the
disease possible;(6) the prescribed monitoring regime is different from that

normally recommended in the absence of the exposure; and (7) the prescribed
monitoring regime is reasonably necessary according to contemporary scientific

principles.

Id at 106-07 (citingBarnes v. Thejlm. Tobacco Co., 161 F.3d 127, 138-39 (3d Cir. 1998)).

65. have met the requiredelements,

Then, if the plaintiffs

it may then be appropriatefor the court to take or cause to be taken the following
minimal steps:

1. Appoint a plan administrator.

2. With the
administrator's advice, approve an advisorypanel of persons qualified
and knowledgeable in the field to do the following:

a) establish a plan where only persons who consumed the medication, or in

appropriatecases were exposed to the hazardous substance,may participate;

b) establish the minimal area(s)of diagnostictests or procedures to be

performed (includingthe number as well as the duration ofthe procedures);

c) select a list of highlyknowledgeable, skilled,competent, and neutral and

detached examining physicians to perfoim the tests, both for the

metropolitanareas as well as the regionalareas throughoutthe state.

[Link] a notification process generallysufficient to bring the opportunityfor

monitoring to the attention of persons who have used the medication.

4. Establish a time frame for those eligible
to obtain the monitoring.

5. Implement procedures whereby the monitoring physicians submit their reports

and findings,together with the statement of their charges, directlyto the plan
administrator who shall promptly pay the reasonable amount of their claims. The

partiesshall have full access to such reports and the reports will be made public
except for the names of the examinees, which shall remain confidential.

Id at 107.

PARTIES

66. STOF is recognized,sovereign,Native American tribe under 25 U.S.C.

a federally

§ 5123. STOF's seat ofgovernment is located in Hollywood, Broward County, Florida. Over 1,000

STOF members reside in these defective SubjectResidences. They are forced to live in unhealthy,

21
 CASE NO.: CACE 25-003574

dangerous conditions until many families in the 313 homes

they are relocated. Additionally, who

are rentingdirectlyfrom STOF have been evicted from their rentals due to unsafe
constructively

livingconditions in their Subject Residences. STOF has the sovereignpower to make and operate

its own government, to make its own laws, and to seek redress in federal,state, and tribal courts

for injuries and damages

it suffered directly it incurred because of injuries
to its members, and to

bring the causes of action stated herein.

67. Lennar Homes, LLC, is company with its principal

a Florida limited liability place

of business at 5505 Waterford District Drive, Miami, Florida 33126. Lennar Homes, LLC is a

wholly owned subsidiaryof Lennar Corporation.

68. Lennar was responsible

for the design,development and construction ofthe Subject

Residences-the homes at issue in this case. Lennar designed the Subject Residences and served

as the developerand licensed generalcontractor (as defined in Fla. Stat. 489.105(3)(a)).

JURISDICTION AND VENUE

69. over the disputebecause the amount in

This Court has subjectmatter jurisdiction

controversy, exclusive of attorney'sfees,costs and interest,

exceeds $150,000.

70. over Lennar because Lennar

This Court has personaljurisdiction is a Florida

company.

71. Venue is proper in Broward County, Florida, pursuant to Sections 47.011 and/or

47.041, Fla. Stat.,because one or more causes of action accrued here, and because certain of the

is located in Broward County, Florida. Moreover,

property in litigation many of the acts and/or

omissions givingrise to this Complaint and each cause of action took placeand accrued in Broward

County, Florida. And Section 13.04(f)of the Community Development Agreement ("CDA")

22
 CASE NO.: CACE 25-003574

between STOF and Lennar contains a venue selection clause designatingthe Florida's 17th

Judicial Circuit as the agreed-upon forum for resolution of disputes.

STANDING

72. Lennar's conduct has exacted a financial burden for which STOF seeks relief.

Categoriesof past and continuingsustained damages include, among other things:(1) costs for

providing medical care, additional therapeutic and prescriptiondrug purchases, and other

sufferingfrom
treatments for patients mold and dust mite exposure; and (2) costs for providing

home repair,reconstruction,maintenance, reimbursement, relocation and rehousing.

73. STOF has suffered,and continues to suffer directly,

these damages.

74. STOF seeks the means to abate the property damages, consequential
damages, and

health expenses created by Lennar's wrongful and/or unlawful conduct.

75. STOF has standingto recover damages it incurred as a result of Lennar's actions.

FACTUAL ALLEGATIONS

A. STOF Endeavors to Complete the Largest Residential Development Project Ever

by a Native American Tribe

76. STOF owns and controls all "Tribal Residential Land" within several Indian

reservations located in Florida: the Hollywood Reservation in Broward County ("Hollywood");

the Brighton Seminole Reservation in Glades County ("Brighton");the Big Cypress Seminole

Reservation in southeastern Hendry County and Western Broward County ("Big Cypress");the

Ft. Pierce Reservation in St. Lucie County ("[Link]");the Tampa Reservation in Hillsborough

County ("Tampa"); the Lakeland Reservation in Lake County ("Lakeland");and the Immokalee

Seminole Reservation in Collier County ("Immokalee").

23
 CASE NO.: CACE 25-003574

77. In late 2019, STOF endeavored to help its constituent members realize their dreams

of livingin a brand-new home by facilitating

the development of communities within these Tribal

Residential Lands for tribe members to purchase and/or lease such homes. This projectendeavored

to residential development ever undertaken by a Native American tribe in the United

be the largest

States.

78. STOF put the projectout to bid among reputabledevelopers and ultimatelychose

Lennar to take on this [Link]'s parent company, Lennar Corp., is the second-largest

homebuilder in the country. It holds itself out as a premier builder. In 2018 alone, Lennar Corp.

had accepted approximately 45,826 new home orders and reported more than $20 billion in

revenue.

79. The development ofthese communities was not a mere business venture. For STOF

and its tribal members, access to safe,qualityhousing representedthe fulfillment of a goal that

could not have been imagined at the time STOF established its tribal Constitution in 1957. STOF

placed a great deal of confidence and trust in Lennar to accomplish this incrediblymeaningful and

importanttask.

B. STOF and Lennar Enter Into the CDA

80. On September 10,2019, STOF and Lennar entered into a Community Development

Agreement ("CDA"). A copy ofthat CDA, as amended, is attached as Exhibit 1.

81. As the exclusive builder and general contractor, Lennar agreed under Section 8.01

of the CDA to develop,design and build home types approved by STOF. STOF selected these

home types from Lennar's "Florida Home Plan Library"of previouslydesignedhomes.

24
 CASE NO.: CACE 25-003574

82. Article XI of the CDA requiredLennar to develop the land and sell homes in each

community in a "manner similar to the operationof Lennar's communities outside tribal lands

..
within the state of Florida.

83. Under Section 8.04 of the CDA, Lennar assumed responsibility

for the selection of

all subjectto reasonable veto

subcontractors (albeit power by STOF).

84. Section 13.04 of the CDA incorporatedthe Florida Building Code as the building

code governingLennar's construction ofthe homes.

85. The CDA does not contain an arbitration provision.

C. The CDA Contains a Provision Indemnifying STOF

86. Section 15.02 of the CDA contains an indemnity provisionrequiringLennar to

indemnify and hold haimless STOF from, among other things,any damages arisingout of claims

related to the negligence or willful misconduct of Lennar, including construction defects,

regardlessof whether caused in part by STOF.

87. Similarly,Section 15.02's indemnity provisionrequiresLennar to indemnify the

tribal members from such claims.

D. Lennar Provides Warranties

88. With regardto rental units,Section 9.01(A)requiredLennar to, within five days of

home completion,provide a home warranty consistent with Lennar's other warranties issued for

homes outside of the Tribal Residential Lands within the State of Florida,as well as copies of all

manufacturer warranties and operatingmanuals.

89. Section 9.01(C)requiredLennar to providethe same warranty for homes

Similarly,

ultimatelypurchased by members directlyfrom STOF.

25
 CASE NO.: CACE 25-003574

90. Lennar's standard warranty providesa one-year limited warranty on workmanship,

systems and structural elements, includingbut not limited to:

i. Inadequate ventilation or moisture in crawl spaces;

ii. Inadequateventilation or moisture control in ames or roofs;
iii. Leaking attic vents or louvers;
iv. Bath or kitchen exhaust fans improperlyventing into the attic;
V. Water or air leaks in exterior walls due to inadequatecaulking;
Vi. Water trapped under roofing membrane;
vii. Roof or flashingleaks;
viii. Loose or cracked tiles or shingles;
ix. Miscellaneous roofwater infiltration;
x. Roofridge beam deflects;
xi. Roof or ceilingrafter bows;
xii. Roof sheathingappearing wavy or bowed;
xiii. Sheathingnails looseningfrom framing;
xiv. Roofing nails exposed;
XV. Water trappedunder roll roofing;
xvi. Leaking downspouts and gutters;
xvii. Damaged hardware (scratched,chipped, cracked, or dented due to construction activities;
xviii. Loose hardware;
xix. Drafts around doors and windows;
xx. Faultyinterior caulking;and
xxi. Separatingductwork.

E. The STOF Tribal 1Members Are Third-Party Beneficiaries Under the CDA
91. Each ofthe tribal members who have owned or lived in the Lennar homes are third-

party beneficiaries o f the CDA. STOF and Lennar intended that the CDA primarilyand directly

benefit these tribal members.

92. The CDA expresslystates that through the efforts of STOF and Lennar, the Tribal

Residential Lands would "develop into communities fbr the benefit of members of STOF

('Members'), includingsome homes which will be offered to Members for rental,and other homes

which will be conveyed to Members (each,a 'Home')." (emphasis added).

93. STOF and Lennar knew and intended that the units would be purchased or rented

exclusivelyby members of the Seminole Tribe of Florida.

26
 CASE NO.: CACE 25-003574

F. The Project Grows Over Time

94. The development [Link] identified portionsof tribal

lands for development in accordance with the CDA. STOF and Lennar collaborated on the number

and type ofhomes to be included in the community; site improvements to the community such as

landscaping,signage and amenities; side plans and budgets for projectedcosts of completion;and

the number and model of community homes to be built in each community.

95. The CDA originally

had a five-yearterm and covered three "Initial Communities"

in which Lennar would build homes and develop infrastructure: the "Mable T Property" within the

Big Cypress Reservation; the "Seminole Park" property within the Hollywood Reservation; and

the "Lakeland Property"within the Lakeland Reservation.

96. The CDA was amended a total of five times over the next five years to incorporate
additional projectsand increased scopes of work in Lakeland, Brighton,Hollywood, Big Cypress

and Immokalee. See Exhibit 1.

97. Because of the nature ofthe Florida environment, Lennar knew that without proper

construction,mold growth would become an issue.

G. The Lease Pool and 1Member Purchase Pool of Subject Residences

98. About 464 of the units built by Lennar were sold directlyto STOF. Of those,269

were designatedto be leased to tribal members, with an additional 44 designated"rent to own"

(the"Lease Pool").Another 151 units were sold or designatedto be sold by STOF directlyto tribal

members (the"Member Purchase Pool").

99. Approximately 88 homes were sold by Lennar directlyto tribal members (the

"Lennar Pool").

27
 CASE NO.: CACE 25-003574

100. For all units, STOF retained ownership of the underlying land. For Member

Purchase Pool and Lennar Pool units,STOF provided tribal members with a 50-year lease for that

land.

101. This disputehas been before the Parties for many months. The complaintwas filed

on March 13, 2025, and since then Lennar has never attempted to compel any arbitration nor

seriouslyattempt to promptly resolve this disputedespitethe Stay of Proceedings.

102. Moreover, the CDA provides,at Section 13.04(A), that "Nothing

specifically

contained in this Agreement shall be deemed or construed to constitute consent on the part of

STOF or Builder to arbitrate any matter or dispute,and nothing contained herein shall be deemed

or construed to constitute an or
obligation intent on the part of STOF or Builder to arbitrate any

matter or disputewhatsoever." Accordingly, the Parties to this lawsuit have always understood-

and indeed, contemplated at the time of contracting

to enter the CDA-that any disputesregarding

the CDA would be resolved before this Court (ifnot at voluntarymediation).See also id, Section
'th
13.04(F)(providingfor venue in "the Florida Circuit Court for the 171 Judicial Circuit" if dispute

cannot be resolved through mediation).

H. The Subject Residences Contain SignificantGlobal Defects

103. STOF's dream development has become a nightmare due to fundamental errors and

common defects
significant in the designand construction ofthe units built by Lennar. The homes

built by Lennar are materiallydefective in numerous aspects. The systemic construction and design

defects in the homes and resultingdamage include but are not limited to defects in building

envelopes,roofingsystems, structural systems, venting and ductingsystems, windows, ceilings,

fixtures,waterproofing and other components and elements ofthe buildingsand common areas.

28
 CASE NO.: CACE 25-003574

104. STOF has engaged various contractors and experts to identifyand investigate
the

cause of these issues. Through numerous inspections,significantissues with the design,

manufacturing and construction of the units and their components have become obvious

throughoutthe developments built by Lennar, includingbut not limited to:

i. Roof standingseam steel panels are not compliant with the Florida buildingcode or
material notices of acceptance;

ii. Faultydesign and construction ofthe vented attic system, in violation ofthe Florida
buildingcode;
iii. Leakage sites along the attic planeswith correspondinghumid air infiltration;

iv. Incorrect HVAC unit sizingand efficiency;

v. from improper sealingaround furringstrips,
Air leakagepathways resulting block walls
and ceiling
junctions,contributing to
significantly moisture intrusion issues in excess of
the allowance provided for by the Florida Energy Code;
vi. Leakage sites along the plane appeared to be a significant
attic contributor to moisture

problems. The inspectionrevealed organicgrowth around exhaust fans due to hot, humid
attic air infiltration. Presence of air leakagepathways due to improper sealingaround

[Link] location of leakage sites

block walls, and ceiling/wall
furringstrips,
appeared to contribute significantly to moisture intrusion issues. The duet leakage

allowance, both total and to the outside,was higherthan the Florida Energy Code allows.

vii. Severe and structurallycompromising roofingdefects such as inconsistent metal

fasteningpatterns; missing VersaShield fire-resistance slipsheets;lack of standard
productapproval stamps on the underside of the metal panels;missing butyltape sealant
between the metal panels;missing butyl tape sealant between metal panels and "Zee"
closures;no sealant between the ridge and hip section overlaps;failure of the majorityof
metal panel fasteners to penetrate wood decking as requiredby NOA; lack o f sealant
around pipe base as a secondary water barrier;improper installation of metal flashingto
the wall return; missing pop rivets to the trim (ridges, de-bonded
hips,flashings);
modified metal membrane at the end of the cricket;inconsistent installation of pop rivets;
and improperly installed gutter attachment hangers;

viii. Missing or improperlyplaced stucco and screen vents;

ix. Cracks in the stucco throughout the buildings;

x. Cracks in the slab-on-grade;

Xi. Undersized electrical panelsand circuits;

xii. Missing plumbing components;
xiii. Missing HVAC components;
xiv. Missing electrical components;

29
 CASE NO.: CACE 25-003574

xv. Damaged vapor barriers within the walls, which separatelydo not appear to have been the
type or ratingcalled for in the plans;

xvi. Floor tiles on the ground floor of all Initial Units are "tenting"and requirereplacement.

105. STOF believes that all of the homes alreadybuilt by Lennar have varying degrees

of construction defects ofthe type outlined above.

106. For many of the homes, experts have determined that the roofing issues are so

severe as to render the roofs unrepairableand requiringfull replacement.

107. Also, one manifestation ofthe air- and moisture-intrusion defects plaguingthe units

constructed by Lennar is "ghosting" around interior lightfixtures. Ghosting, also referred to as

"thermal tracking,"is the buildup of soot and other particulates

due to moisture intrusion and

improper insulation,and is often a powerful catalystfor the foimation and buildup of more

dangerous biologicalelements such as mold.

108. Indeed, STOF's worst fears in this regard have been realized,as extensive mold

growth can be observed throughout numerous locations in the homes.

P:#.

30
 CASE NO.: CACE 25-003574

QR

f/6-

109. Mold growth in residential spaces can lead to numerous deleterious biological

effects and is widely regardedas being hazardous to health,as explainedbelow.

110. A percentage of the homes built by Lennar have already manifested

significant

issues with mold or [Link] of course is a very serious concern and health disaster for STOF.

111. For some of the homes, the problems were so severe that the Certificate of

Occupancy for each has been revoked, and tribal members and their families have been displaced,

or are now faced with the prospect of being displaced,from their homes and relocated for an

unknown amount oftime.

112. On November 6, 2024, Lennarparticipatedin an on-site inspectionof certain ofthe

residential units. In one ofthe units,Lennar identified an alarminghumidity level of 91%. Further,

a lightfixture was found to be approximately three-quarters

filled with water. Inspectorsreported

an "overpowering" mold odor and expressedan immediate desire to vacate the unit.

113. Again, Lennar served as the developer,licensed generalcontractor and builder for

the construction of the Community. Together with its subcontractors,Lennar designed,developed

and constructed the various communities and homes for the use of STOF's and its constituent tribe

31
 CASE NO.: CACE 25-003574

members to use as residences,includingpullingthe necessary permits for, and supervisingthe

construction of,the units.

114. The construction and design defects,which are material and unifoim, have resulted

in water intrusion into the livingspaces ofthe residential units and caused the extensive growth of

mold, among other damages. Further, the construction and design defects have caused, and will

continue to cause, damage to other property, including community-wide water intrusion that has

damaged (and continues to damage) the roofs, walls, paint,sheathing,framing and other

components ofthe residences.

115. These construction defects are not only the result of Lennar's negligence,but also

constitute material violations of the Florida Building Code, peimittedplans and specifications,

manufacturer's recommendations and instructions,building and construction practices,

industry

standards,governmental codes and restrictions,

various warranties implied in law and in contract

and ultimately,
Lennar's CDA.

116. STOF became aware of the nature and degree of the defects and deficiencies only

after inspectionswere perfoimed by expert consultants.

117. STOF has already hired inspectorswho continue to examine and find further

have inspectedall houses for

evidence of these defects. Ongoing inspections air qualityand mold

and not one is mold-free.

I. All Subject Residences Have Common Defects

118. Each of the individual units inspectedthus far has experienced defects as a result

of Lennar's designand construction deficiencies.

119. STOF has engaged various contractors and experts to identifyand investigate
the

cause and originof these systemic issues,as well as the effect thereof on the indoor air quality

32
 CASE NO.: CACE 25-003574

opinions and conclusions have revealed

within the Residences. Their investigative common,

systemic construction defects throughoutthe SubjectResidences.

120. Lennar systemicallyviolated, for all Subject Residences, the Florida Building

15
Code, includingbut not limited to breachingthe followingsections:

(FBC 2017,2020 Mechanical) 601.6 Balanced return air

(FBC 2017 Mechanical) 603.8.2 Sealing
(FBC 2020 Mechanical) 603.8.2 Sealing
(FBC 2017 Mechanical) 603.9 Joints,seams and connections
(FBC 2020 Mechanical) 603.9 Joints,seams and connections
(FBC 2017,2020 Mechanical) 603.12 Condensation
e (FBC 2017,2020 Energy Conservation, Residential Energy Efficiency)403.3.2 Sealing
(Mandatory)
(FBC 2017, 2020 Energy Conservation, Residential Energy Efficiency) 402.4 Air

Leakage (Mandatory) Table R402.4.1.1

(FBC 2017,2020) Exterior Walls. 1405.3. Vapor retarders
FBC 2017,2020) Exterior Walls. 1405.3.1. Class I and II vapor retarders
(FBC 2017,2020) Exterior Walls. 1405.3.2. Class III vapor retarders
(FBC 2017,2020) Exterior Walls. 1405.3.3. Material vapor retarder class

(FBC 2017,2020) Exterior Walls. 1405.4. Flashing

(FBC 2017,2020) Exterior Walls. [BS] 1405.[Link] Flashing at foundation

121. Lennar also systemicallyviolated,for all SubjectResidences, the peimittedplans

manufacturer's recommendations and instructions,buildingand construction

and specifications,

industrystandards, governmental codes and restrictions,

practices, various warranties implied in

law and in contract and ultimately,

Lennar's CDA.

15
Code violations within this Complaint are under the extant Florida Building Code at the time
construction of each of the Subject Residences commenced. This was either the 2017 Florida
-th th
Building Code, 61 edition,effective December 31, 2017 or the 2020 Florida Building Code, 7
edition,effective December 31, 2020.

33
 CASE NO.: CACE 25-003574

J. Consequent Effects of the Systemic Defects on the Subject Residences

122. Again, Lennar served as the developer,licensed generalcontractor, and builder for

the construction of the Community. Lennar designed, developed and constructed the various

communities and homes for the use of STOF's and its constituent tribe members to use as Subject

Residences, includingpullingthe necessary peimits for,and supervisingthe construction of, the

Subject Residences.

123. The aforementioned construction defects enumerated above are not only the result

of Lennar's negligence, but also constitute material violations of the Florida Building Code,

manufacturer's recommendations and instructions,

permittedplans and specifications, building

industry standards, governmental codes and restrictions,

and construction practices, various

warranties implied in law and in contract and ultimately,

Lennar's CDA.

124. The excess humidity,water and moisture caused by the preceding conduct led to

mold growth and/or in interstitial wall cavities,on the paper coveringsof

dust mite proliferation

gypsum wall board and, upon information and belief, paper-facing of vapor barriers, on

baseboards, upon portionsof gypsum wall board and wood framing, and additionally
in other

locations within the SubjectResidences.

125. As time wore on, the growing mold began to sporelateand emit spores which, in

turn, traversed into the ambient air within the Subject Residences contaminating the tribal

members' furniture,clothingand possessionsand permeating the air that they breathed.

126. dust mites were

Similarly,particlesand by-products from the proliferating

and traversed
respirable into the ambient air within the SubjectResidences.

127. Further, the construction and design defects have caused, and will continue to

cause, damage to other property, includingcommunity-wide water intrusion that has damaged (and

34
 CASE NO.: CACE 25-003574

continues to damage) the roofs,walls, paint,sheathing,framing and other components of the

SubjectResidences.

128. It is believed that all homes already built by Lennar have varying degrees of

construction defects of the type outlined above.

129. For many ofthe homes inspectedthus far,experts have alreadydeteimined that the

roofingissues are so severe so as to render the roofs unrepairableand requiringfull replacement.

130. Indeed, STOF's worst fears in this regard have been realized,as extensive mold

growth can be observed throughout numerous locations in the homes.

131. For some of the homes, the problems were so severe that the Certificate of

Occupancy for each has been revoked, and tribe members and their families are now faced with

the prospect of being displacedfrom their homes and relocated for an unknown amount of time.

132. mold, mold spores and proliferation

The extent ofthe toxic and/or allergenic of dust

mites in the SubjectResidences rendered them unfit for occupancy.

133. In addition, the mold infestation contaminated the tribal members' furniture,

and other possessions.

clothing,

134. Not only were the SubjectResidences rendered unlivable,but tribal members and

their children have endured adverse health consequences consistent with exposure to indoor toxic

mold and dust mites.

and/or allergenic

135. As a result of the Defendant's negligence and violations of the Florida Building

Code, not only were the tribal members subjectedto livingin mold-infested and mite-infested

conditions,each of the tribal members have suffered adverse health consequences which are

directlycaused by Lennar's defective construction.

35
 CASE NO.: CACE 25-003574

136. As a direct and proximate result of the defects and conduct set forth above, the

SubjectResidences were defective,damaged, and not reasonablyfit for continued habitation.

137. As a proximate result ofthe defects and conduct set forth above, the Tribe members

have been damaged in other ways which include, but are not limited to, physicalinjuryand/or

destruction,in whole or in material part, to personal property maintained within the Subject

Residences, the loss ofuse of said property, and personalinjuryto the occupants thereof.

138. As a further and proximateresult of the above, the Tribe members were requiredto

and did employ physicians and other caregiversto examine, treat and care for them and their

children and incurred additional medical expenses.

139. Upon infoimation and belief,the Plaintiff will incur additional future medical

expenses as a result of the Defendant's conduct, the exact amount ofwhich is presentlyunknown.

140. STOF providesa Tribal Health Plan for STOF tribal members.

141. Defendant's intentional and/or unlawful conduct resulted in direct and

past and continuing,economic damages for which

proximate/foreseeable, STOF seeks relief,as

allegedherein. STOF also seeks the means to monitor the health issues created by Lennar's

wrongful and/or unlawful conduct.

142. STOF seeks economic damages from Lennar as reimbursement for the costs

associated with past efforts to eliminate the hazard to publichealth and safety,
past costs associated

with medical expenses provided to tribal members, and future costs (of which the exact amount is

presentlyunknown) associated with medical expenses to be provided to tribal members.

143. As a further and proximateresult ofthe above, STOF has been requiredto employ

in an effort to diagnose the defects in the Subject Residences and, as a

environmental specialists

further and proximate result of the above, STOF has been and will be requiredto employ medical

36
 CASE NO.: CACE 25-003574

and microbiologicalexperts in the testing,

clean-up and/or remediation of the microbiological

contamination ofpersonalproperty maintained in the SubjectResidences, therein requiringproper

microbial cleaning of all ofthe occupants' personal property, includingfurniture,clothing,books,

papers and other personalpossessions.

144. As a result of the Lennar's conduct, STOF has been requiredto retain the services

of the undersigned counsel to represent its interests in this action and is obligated to pay a

reasonable fee for their services.

145. The water damage and resultingmold and mite proliferation

did not occur as a

result of any actions undertaken by, or any inaction of,the STOF or its tribal members.

146. The water intrusion and resultant mold and mite proliferation
in the Subject

Residences were proximately caused by latent defects which were not discovered until recently.

147. STOF became aware of the nature and degree of the defects and deficiencies only

after inspectionswere perfoimed by expert consultants.

148. STOF has hired inspectorswho continue to examine and find further evidence of

these defects.

K. The Health Consequences of Mold Exposure

149. Mold is a fungus which reproduces by creatingspores or microscopic cells that

generate in largenumbers often in chains that easilydisperseinto the air. If adequatemoisture is

present when a mold spore lands on a suitable food source, such as drywall,it begins to grow.

150. The growing mold spore emits an extension known as a hypha, which signifies
the

beginningofa mold [Link] a hypha grows it elongatesand splits, a network ofhyphae

creating

known as a mycelium.

37
 CASE NO.: CACE 25-003574

151. Within days, a singlespore can produce a mater mold colony containingmillions

ofspores.

152. When certain speciesof mold grow and process nutrients,they produce chemicals

called mycotoxins.

153. Several mold species,including Stachybotrys,Aspergillus and Penicillium,

produce a wide varietyof mycotoxins which are poisonous or toxic to virtuallyall persons who

come in contact with them.

154. Mycotoxins attack the nervous, respiratoryand muscular systems and can enter the

body either via ingestion,inhalation or direct skin contact and can lodge in the digestivetract,

lungs or brain. Inhalation is known to be an even more potent route of exposure than ingestion.

155. Symptoms ofmycotoxin exposure can include upper respiratory

infections,coughs,

sore throats, hemorrhaging, convulsions,skin irritation,

headaches, nausea, Fybromyalgia,fatigue,

cancer and organ and tissue damage includingliver,kidney and neurologicaldisease.

156. One type of Aspergillus,Aspergillus Flavus, produces aflatoxins, which are

notoriouslypotent animal carcinogens.

157. Aspergillusis even more potent than Stachybotrys,largelyconsidered to be the

most dangerous mold.

158. While Penicillium is not believed to be capableofproducing aflatoxins,Penicillium

can produce more than 100 different classes ofmycotoxins.

159. Apart from producing mycotoxins, mold spores cause allergic

reactions in persons

heavilyexposed to high concentrations of localized spores.

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 CASE NO.: CACE 25-003574

L. The Health Consequences of Dust Mite Exposure

160. Dust mites are microscopic creatures that are not visible to the naked eye. Female

dust mites are generallybetween 200 to 500um in size,with males being smaller. They prefer

warm, moist surroundingsclose to sources of food.

161. Dust mites belong to the kingdom of animals; phylum, Arthropoda; class,

Arachnida; and group, Astigmata; with three genera (Dermatophagoides, Euroglyphus, and

Blomia) importantfor humans indoors.

162. The mites most commonly found in house-dust in homes worldwide are D. farina,

D. pteronyssinus, E. maynei, and B. tropicalis.

In the Unites States, all of these dust mites may be

found indoors,but D. Farinae (Der fl)and D. pteronyssinus (Der pl)are found most frequently.

163. Since adequate food (e.g.,human skin flakes)is generally available,it is the

moisture and/or relative humidity of a given location that deteimines mite prevalence.

164. Moisture and ambient relative humidity influence the rate at which feedingmites

produce allergens and its accumulation in dust. Lowering indoor humidity can reduce mite

population density over time because mites gradually dehydrate and die below 50% relative

humidity.

165. Hypersensitivitydiseases caused by allergens from mites that live indoors

constitute a major health problem in the U.S. and elsewhere.

166. Dust mite allergens are considered to be the major biological agent for the

development of asthma in susceptibleindividuals. They not only aggravate the problem in

individuals,but also cause susceptible

susceptible children to develop asthma.

167. House dust mite allergenis the inhaled substance that actuallytriggersan attack by

causing an allergic
reaction.

39
 CASE NO.: CACE 25-003574

168. which come from the digestivetract of mites and

Dust mite allergensare proteins,

are found at high levels in mite feces. A dust mite fecal pellet, digestedfood
containingpartially

and digestiveenzymes, is -10 to 35um in diameter and contain allergens(protein)called Derp l,

Derf l and mite group 2.

169. when inhaled, attach

These allergens(proteins), to sensitized cells in the air

passages causing hay fever and asthma, and aggravate atopic deimatitis in people who are

to
susceptible this problem.

170. Approximately 85% of asthmatics are to dust mite allergens.

allergic

M. As a Result of Lennar's Actions, STOF Has Incurred Increased Damages Under

Its Maintenance and Relocation Policy With Tribal 1Members

171. Indications are that all of the units constructed by Lennar -a list of which is

attached as Exhibit 2 - are materiallydefective and share the same or similar defects. Because

STOF owns all of the land beneath the units,and the great majorityof the units themselves, those

defects have directly

damaged STOF.

172. But STOF has also suffered damages through its tribal members who live in the

Lennar-built units.

173. Pursuant to STOF's Amended and Restated Seminole Tribe of Florida Tribal

Council Housing Policy 2020, STOF is obligatedto provide its tribal members with home

maintenance to all primary residences at STOF's expense (the "Maintenance and Relocation

Policy").

174. The maintenance program requiresSTOF to repairand

pay for the inspection,

replacement of certain components, includingbut not limited to HVAC and structural components.
It also requires STOF to perform indoor air quality ("IAQ") testingand to perform mold

STOF
remediation and restoration services. The Maintenance and Relocation Policyalso obligates

40
 CASE NO.: CACE 25-003574

to relocate tribal members whose homes have, among other issues,structural or mold concerns. A

copy of the Maintenance and Relocation Policyis attached as Exhibit 3.

175. As a result ofLennar's construction and design-related

issues,STOF's maintenance

So has STOF's costs to perfoim that

of units built by Lennar has increased significantly.

maintenance.

176. STOF has also reimbursed tribal members for costs that STOF paid to reimburse

tribal members for damages caused to tribal members' personalproperty, such as clothing,
and for

other out-of-pocketexpenses incurred by tribal members to address the defects.

177. Moreover, STOF has incurred the costs ofrelocatingand rehousingtribal members

affected by the defects,and seeks to purchaseresidential real estate outside of its reservations for

relocation purposes.

N. a Result of Lennar's Actions, STOF

As Has Incurred Damages Under Its Tribal
Health Plan It Provides Tribal 1Members

178. Because STOF provides the Tribal Health Plan to its tribal members, the

construction and designrelated issues have directly

damaged STOF.

179. STOF has incurred the costs of health care for tribal members affected by the

defects.

180. The unsafe livingconditions in the Subject Residences proximately results in

costs to the
significant STOF and to the Seminole Community in order to treat health problems

and provide other services to STOF Tribe members. These actual injuryand damages to STOF

related to the health of STOF Tribe members affected by the SubjectResidence include, but are

expenses for health,social,and other services.

not limited to, significant

41
 CASE NO.: CACE 25-003574

O. STOF Terminates Lennar

181. Section 3.02 ofthe CDA entitles STOF to terminate the CDA or any communities

within the CDA "for convenience at any time, upon thirty(30) days' advance written notice."

Section 13.01 entitles STOF to terminate the agreement in the event of any default by Lennar.

182. As a result of the ongoing construction and design issues, and after providing

Lennar with notice and an opportunityto cure, STOF terminated the CDA and prohibitedLennar

from further construction activities on Tribal Residential Lands.

183. Section 13.01 of the CDA requiredLennar to assign all of its rights,contracts and

agreements to allow STOF to complete the project.

184. STOF has hired the undersignedcounsel to prosecute this lawsuit,and has and will

continue to incur reasonable attorney'sfees and costs as a result of Lennar's actions.

[Link] Had Prior Knowledge of These Defects from Its Own Experience in South
Florida and, Despite Such Prior Knowledge, Failed to Correct Them

185. On February 10, 2017, Lennar announced the acquisitionof WCI Communities,

Inc. ("WCI"), which they termed a "premier lifestylecommunity developer and luxury

homebuilder of singleand multi-familyhomes . . ."

186. Lennar's President,Richard Beckwitt, was quoted at the time saying "we anticipate

a very smooth transition for current WCI homebuyers. We are looking forward to working with

the talented associates from WCI to enhance our homebuilding operationsand ancillarybusinesses
..
to maximize the opportunities
from our combined leadingmarket positionin Florida.

187. Upon infoimation and belief,Lennar was alreadyin the due diligence,
investigative

stage of this acquisition

by mid-December, 2016.

188. As of February 10, 2017, WCI had built and developed multiple residential

communities in South Florida,including,

and especially,
in Parkland, Florida.

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 CASE NO.: CACE 25-003574

189. By this time, WCI was well-aware of excess humidity and mold development in

homes they had built containingvented attics.

190. On December 21, 2016, during the due diligenceperiod and justseven weeks prior

to WCI's acquisitionannouncement, WCI submitted a Petition to the Florida Building

Commission seeking approval for a supplemental dehumidification system and "other measures

that include attic venting strategies"

to combat excess humidity and mold growth in WCI-built

homes in Parkland.

191. In the Petition,WCI states that the rationale for permitting a dehumidification

system is to combat "the seriousness of the potential hazard to occupant health caused by

mold and humidity as well as the damage to property . . ." (emphasissupplied).

192. The Petition attaches a supporting letter from Dr. Joseph Lstiburek of Building

Science Corporation,explainingthat current buildingpracticeswith vented attics result in excess

humidity and mold growth:

The existingFlorida Building Code is causing problems relatingto mold in

closets and bathrooms when builders install R-38 attic insulation and the

existingFlorida Building Code is standingin the way of easy engineering

solutions to the very problems that it is causing.

In vented attics increasing the thermal resistance from It--30 to R-38

when coupled with tile roofs lead to significantly colder EZVDsum board
ceilings that are located under the attic insulation. This reduction in
ceiling temperature is leading to an increase in the relative humiditv of
the air adiacent the ceiling leading to mold. The problem is manifesting
itself in closet ceilings and bathroom ceilings.

Closets have no thermal load and therefore have no need of conditioningand

therefore have no air change and therefore have no mechanism of removing
moisture. Providing supply air to closets makes the problems worse as it

makes the closets colder leadingto more mold.

Bathrooms have higher levels ofmoisture and also have inadequatemoisture

removal. Exhaust ventilation does not remove enough moisture and leads to
an overall increase in moisture in the residence as a result of inducing the
infiltration of exterior hot humid air. Exhaust ventilation addresses moisture

43
 CASE NO.: CACE 25-003574

issues in cold climates in bathrooms but does not address moisture issues in
hot humid Providing increased supply air to bathrooms makes the
climates.

problems worse as it makes the bathrooms colder leadingto more mold.

WCI Petition,Attachment A, p. 1 (emphasis supplied).

193. All Parkland homes built under the WCI emblem after February 10, 2017 with

vented attics and without supplemental dehumidification were actuallybuilt by Lennar, who

owned WCI.

194. Pursuant to the December 21, 2016 Petition,WCI/Lennar were buildingor were

planningto build more than 300 homes in the Development known as "Heron Bay," and 522 homes

in the development known as "Parkland Bay."

195. By February 10, 2017, Lennar was well-aware of the excess humidity and mold

risks of buildingthese homes with vented attics and without supplementaldehumidification.

196. Despite full knowledge ofthese risks,the Subject Residences were built by Lennar

with vented attics and without supplementaldehumidification systems, exactlyas the WCI homes

had been built priorto WCI's December 21,2016 Petition.

197. As a result,the Subject Residences are sufferingfrom the same chronic and

systemichumidity and mold problem emblematic of the WCI, and later Lennar, homes built in

Parkland with vented attics and without supplemental dehumidification.

198. All conditions precedentto the bringingof this lawsuit have been met, excused, or

otherwise waived.

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 CASE NO.: CACE 25-003574

COUNT I - CIVIL LIABILITY FOR VIOLATIONS OF THE FLORIDA BUILDING

CODE UNDER FLA. STAT. § 558.84
199. STOF re-alleges
and re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

200. This is an action againstLennar for civil for

liability failure to comply with the

Florida Building Codes Act pursuant to Fla. Stat 553.84. Under this statute, STOF, as the party

contractingwith Lennar and the substantial owner ofthe lands and propertiesat issue,has a private

cause of action for any violation of the Florida Building Code and Part IV of Ch. 553, Fla. Stat.

201. As the developer,licensed generalcontractor and permitholder for the construction

of the homes, Lennar was under a statutory, non-delegableduty to STOF as the purchaser of the

Lease Pool and Member Purchase Pool homes to ensure that the construction complied with,

among other things,the Florida Building Code.

202. In allowing,causing and/or failingto prevent the defective conditions observed

throughoutthe units,Lennar committed numerous violations ofthe Florida BuildingCode.

203. Lennar knew or should have known that these violations existed.

204. The code violations have, among other things,allowed water and moisture to

intrude beyond the roof systems and buildingenvelopes of the units,which has caused, and will

continue to cause, damage to the homes themselves and to the personalproperty and health of the

residents thereof.

205. As a direct and proximate result of Lennar's violations of the Florida Building

Code, STOF has incurred substantial economic and non-economic damages, and will continue to

incur such damages. These damages include,but are not limited to:

i. The and developing scopes

costs of investigating of repairsfor the construction defects
and their resulting
damages;
ii. The costs of repairingthe construction defects and their resulting
damages;
iii. The costs ofreplacingdefective and/or damaged materials;

45
 CASE NO.: CACE 25-003574

iv. The furnishingsand

costs of replacingthe damaged personalproperty, personalfixtures,
betterments installed and owned by the tribe members and/or STOF;
V. The and increased maintenance associated with the construction
costs of extraordinary

defects;
Vi. The decrease in value of the subjectdamaged homes;
vi. Loss ofuse damages;
vii. Costs ofrelocation;
viii. Storageand temporary housing costs;
ix. Incidental and consequentialdamages;
X. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xi. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT II - BREACH OF CONTRACT

206. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

207. Under the CDA, Lennar was requiredto, among other requirements,diligently

pursue construction and completion of the units,and develop,build and sell units "in a manner

similar to the operation o f [Lennar'sl communities outside Tribal Lands within the State o f

Florida." The CDA also requiredLennar to assignits contracts and other rightsto STOF to allow

STOF to complete the project.

208. Lennar breached the CDA by failingto do so.

209. STOF has been damaged as a result.

210. As a direct and foreseeable result of Lennar's breach of the CDA, STOF has

incurred substantial damages, and will continue to incur such damages. These damages include,

but are not limited to:

i. The and developing scopes

costs of investigating of repairsfor the construction defects
and their resultingdamages;
ii. The costs of repairingthe construction defects and their resulting
damages;
iii. The costs ofreplacingdefective and/or damaged materials;

46
 CASE NO.: CACE 25-003574

iv. The furnishingsand

costs of replacingthe damaged personalproperty, personalfixtures,
betterments installed and owned by the tribe members and/or STOF;
V. The and increased maintenance associated with the construction
costs of extraordinary

defects;
Vi. The decrease in value of the subjectdamaged homes;
vii. Loss ofuse damages;
viii. Costs ofrelocation;
ix. Storageand temporary housing costs;
X. Incidental and consequentialdamages;
Xi. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xii. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT III - NEGLIGENCE

211. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

212. As the developer,licensed generalcontractor and permitholder for the construction

of the Homes, Lennar had a nondelegable duty to STOF to exercise reasonable care - or in the

case of professionaltasks,to use the level of care a like professionalin a similar situation would

use - in the design,manufacture and construction ofthe homes, includingwith regardto activities

taken by subcontractors,and to ensure the design and construction of the homes complied with

applicablebuildingcodes, manufacturers' recommendations and instructions,

peimittedplans and

and industrystandards.
specifications

213. Lennar breached these duties by failingto ensure that the homes and improvements

were constructed in compliance with the Florida Building Code, permitted plans and

manufacturers'
specifications, recommendations and instructions,industry standards and

governmental codes and restrictions.

47
 CASE NO.: CACE 25-003574

214. As a direct and proximate result of Lennar's breaches of duty, the homes were

plagued with significant

defects that have caused substantial damage to the homes, including

among other things,allowing water and moisture to intrude beyond the roof systems and building

envelopes of the units, which has caused and will continue to cause damage to the homes

themselves and to the personalproperty and health of the residents thereof.

215. The resultingdamages from Lennar's failure to exercise a reasonable standard of

were foreseeable.
care and diligence

216. All the defects and conditions were latent and not visible to STOF or its

representatives.

217. The above recital is not exhaustive. STOF is continuing its investigation.

Additional negligence may exist and STOF will amend this Complaint at such time as additional

negligencebecomes known.

218. As a direct and proximate result of the actions and/or omissions of Lennar and the

resultingdesign and construction defects,STOF has incurred and will continue to incur damages.

These damages include,but are not limited to:

i. The and developing scopes

costs of investigating of repairsfor the construction defects
and their resultingdamages;
ii. The costs of repairingthe construction defects and their resulting
damages;
iii. The costs ofreplacingdefective and/or damaged materials;
iv. The costs of replacing and
the damaged personalproperty, personalfixtures,furnishings
betterments installed and owned by the tribe members and/or STOF;
V. The costs of extraordinaryand increased maintenance associated with the construction

defects;
Vi. The decrease in value of the subjectdamaged homes;
vii. Costs ofrelocation;
viii. Loss ofuse damages;
ix. Storage and temporary housing costs;
X. The costs of establishing,
administering,and operatinga medical monitoring program,
includingbaseline and periodictesting,
data management, and physicianoversight, to
detect diseases or conditions caused or exacerbated by mold exposure;

48
 CASE NO.: CACE 25-003574

Xi. The costs of medical examinations, diagnostic testing,and monitoring services

reasonablynecessary to detect the onset of mold-related or exposure-relateddiseases;
xii. The costs of medical care, treatment, and remediation of injuries, or conditions
illnesses,
proximately caused by mold exposure in the affected homes;
xiii. Future medical expenses reasonably certain to be incurred due to increased risk of disease
or ongoing health complicationsfrom mold exposure;
xiv. Incidental and consequentialdamages;
XV. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xvi. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT IV - BREACH OF EXPRESS WARRANTY

219. STOF re-allegesand re-asserts all paragraphs preceding Count I as though fullyset

forth herein.

220. Pursuant to Sections 9.01(A) and (C) of the CDA, Lennar provided STOF with a

home warranty consistent with the warranty provided by Lennar to its customers outside Tribal

Residential Lands within the State of Florida.

221. Lennar breached this express after receivingproper notice,to

warranty by failing,

correct the design and construction deficiencies in the SubjectResidences.

222. As a direct and proximate result of Lennar's breaches of the express warranty,

STOF incurred damages including:

i. The and developing scopes

costs of investigating of repairsfor the construction defects
and their resulting
damages;
ii. The costs of repairingthe construction defects and their resulting
damages;
iii. The costs of repairingconstruction defects that may cause future resulting
damages;
iv. The costs of replacingdefective and/or damaged materials;
v. The costs of replacingthe damaged personalproperty, personalfixtures, and
furnishings,
betterments installed and owned by the tribe members and/or STOF;
Vi. The and increased maintenance associated with the construction
costs of extraordinary

defects;
vii. Loss ofuse damages, includingcosts ofrelocation;
viii. Storage and temporary housing costs;
ix. Incidental and consequentialdamages;
X. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and

49
 CASE NO.: CACE 25-003574

xi. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT V - BREACH OF IMPLIED WARRANTY OF CONSTRUCTABILITY

THROUGH FAILURE TO CONSTRUCT IN A WORKMANLIKE 1MANNER
223. STOF re-allegesand re-asserts all paragraphs preceding Count I as though fullyset

forth herein.

224. As the developer,licensed generalcontractor and permitholder for the construction

of the Subject Residences, Lennar impliedly warranted to STOF that the buildings and

improvements comprising the Subject Residences were designed and constructed with good

workmanship, design,engineeringand construction practices.

225. Lennar breached the impliedwarranties by failing

to designor construct the Subject

Residences in accordance with (a) the requirementsof the applicablebuildingcodes, (b) proper

and approved construction plans and specifications,

(c) good workmanship and/or (d) design,

engineeringand construction practices.

226. These failures resulted in the to meet ordinary,noimal

SubjectResidences failing

standards reasonably to be expected of livingquarters of comparable kind and quality,and being

unfit for the particular

purpose for which they were sold to STOF.

227. As a direct and proximate result of Lennar's breaches of the implied warranty,

STOF have incurred damages including:

i. The and
costs of investigating developingscopes of repairsfor the construction defects
and their resulting
damages;
ii. The costs of repairingthe construction defects and their resultingdamages;
iii. The costs of repairingconstruction defects that may cause future damages;
iv. The costs of replacingdefective and/or damaged materials;
v. The costs of replacingthe and
damaged personalproperty, personalfixtures,furnishings,
betterments installed and owned by the tribe members and/or STOF;

50
 CASE NO.: CACE 25-003574

Vi. The and increased maintenance associated with the construction

costs of extraordinary

defects;
vii. Loss ofuse damages, includingcosts ofrelocation;
viii. Storage and temporary housing costs;
ix. Incidental and consequentialdamages;
X. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xi. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT VI - BREACH OF IMPLIED WARRANTY OF HABITABILITY

228. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

229. As the developer,licensed generalcontractor and permitholder for the construction

of the Homes, Lennar knew that the home units being constructed were to ultimatelybe used for

the privateprimary residences of the constituent members of STOF, and impliedly warranted that

the homes were fit for that purpose.

230. As a result ofthe defective conditions caused by Lennar's design and construction,

the Homes do not meet ordinary,noimal standards reasonably to be expected of homes of

comparable kind and quality.

231. These defects constitute a breach of Lennar's implied warranty of fitness and

also known as the implied warranty of habitability.

merchantability,

232. STOF has been damaged as a result.

233. As a direct and proximate result of Lennar's breaches of the implied warranty,

STOF have incurred damages including:

i. The and developing scopes

costs of investigating of repairsfor the construction defects
and their resultingdamages;
ii. The costs of repairingthe construction defects and their resulting
damages;

51
 CASE NO.: CACE 25-003574

iii. The costs of repairingconstruction defects that may cause future resulting
damages;
iv. The costs of replacingdefective and/or damaged materials;
v. The and
costs of replacingthe damaged personalproperty, personalfixtures,furnishings,
betterments installed and owned by the tribe members and/or STOF;
Vi. The costs of extraordinaryand increased maintenance associated with the construction

defects;
vii. Loss ofuse damages, includingcosts ofrelocation;
viii. Storageand temporary housing costs;
ix. The costs of establishing,administering,and operatinga medical monitoring program,
including baseline and data
periodictesting, management, and physicianoversight,to
detect diseases or conditions caused or exacerbated by mold exposure;
X. The costs of medical examinations, diagnostic testing,and monitoring services
reasonablynecessary to detect the onset of mold-related or exposure-relateddiseases;
xi. The costs of medical care, treatment, and remediation of injuries, or conditions
illnesses,
proximately caused by mold exposure in the affected homes;
xii. Future medical expenses reasonably certain to be incurred due to increased risk of disease
or ongoing health complicationsfrom mold exposure;
xiii. Incidental andconsequential damages;
xiv. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xv. Prejudgment interest.

HWEREFORE STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

COUNT VII - CONTRACTUAL INDEMNITY

234. STOF re-allegesand re-asserts all paragraphs preceding Count I as though fullyset

forth herein.

235. In Section 15.02 of the CDA Lennar expresslyagreed to indemnify STOF from,

among other things,any damages arisingout of or resultingfrom the negligence or willful

misconduct of Lennar, includingconstruction defects,regardlessof whether caused in part by

STOF.

236. Pursuant to the Maintenance and Relocation Agreement with its tribal members,

STOF has incurred maintenance and/or relocation costs associated with claims or requests by its

members to conduct maintenance and repairof systems constructed and/or designed by Lennar.

52
 CASE NO.: CACE 25-003574

237. Pursuant to the Tribal Health Plan, STOF has incurred medical care costs for STOF

tribe members resultingfrom defective conditions caused by Lennar's design and construction.

238. The losses that have been and continue to be incurred by STOF fall squarelywithin

Lennar's indemnity obligations

as provided in paragraph Article XV, Section 15.02 of its contract.

239. As a direct and proximate result ofLennar's conduct, STOF have incurred damages

that Lennar must indemnify, including:

i. The and
costs of investigating developingscopes of repairsfor the construction defects
and their resulting
damages;
ii. The costs of repairingthe construction defects and their resultingdamages;
iii. The costs of repairingconstruction defects that may cause future resultingdamages;
iv. The costs of replacingdefective and/or damaged materials;
v. The costs of replacing
the and
damaged personalproperty, personalfixtures,furnishings,
betterments installed and owned by the tribe members and/or STOF;
Vi. The costs of extraordinaryand increased maintenance associated with the construction

defects;
vii. Costs ofrelocation;
viii. Loss ofuse damages;
ix. Storageand temporary housing costs;
X. The costs of establishing, administering,and operatinga medical monitoring program,
including baseline and periodictesting,data management, and physicianoversight, to
detect diseases or conditions caused or exacerbated by mold exposure;
Xi. The costs of medical examinations, diagnostic testing,and monitoring services
reasonablynecessary to detect the onset of mold-related or exposure-relateddiseases;
xii. The costs of medical care, treatment, and remediation of injuries, or conditions
illnesses,
proximately caused by mold exposure in the affected homes;
xiii. Future medical expenses reasonably certain to be incurred due to increased risk of disease
or ongoing health complicationsfrom mold exposure;
xiv. Incidental and consequentialdamages;
XV. The reasonable attorney'sfees and costs incurred to prosecute this lawsuit;and
xvi. Prejudgment interest.

WHEREFORE, STOF demands judgment against Lennar for its damages and any

additional relief the Court deems justand proper.

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 CASE NO.: CACE 25-003574

COUNT VIII - MEDICAL 1MONITORING

240. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

241. As a direct and proximate result ofDefendant's negligentdesign,development, and

construction of residential units on Tribal Residential Lands, members of the Tribe have been

exposed to hazardous environmental conditions, including but not limited to elevated indoor

moisture, mold spores, and other airborne contaminants.

242. Members ofthe Tribe have been exposed due to the Defendant's negligenceto mold

and/or dust mites at greater than the noimal background levels.

243. These hazardous conditions are known to cause or contribute to serious diseases

and health conditions,such as chronic respiratoryillness, reactions,sinus disease,

asthma, allergic

immune system impaiiment, and neurologicaleffects. Mold and dust mites are proven hazardous

substances such that the Tribe members exposure thereto proximately causes a significantly

increased risk of contracting,exacerbating,and/or developing injuriessuch as allergicrhinitis,

and/or allergic
chronic sinusitis, bronchopulmonary aspergillosis,
asthma, allergic hypersensitivity

pneumonitis and skin disease.

244. Exposure to such conditions placesTribe members at increased risk

a significantly

such diseases,beyond that of the generalpopulation.

of contracting

245. The significantly

increased risk o f contracting,exacerbating,and/or developing

injuries such as allergic rhinitis, chronic sinusitis, and/or allergic asthma, allergic

bronchopulmonary aspergillosis, pneumonitis and skin disease makes periodic

hypersensitivity

diagnosticmedical examinations reasonable and necessary.

54
 CASE NO.: CACE 25-003574

310. The diseases and conditions at issue are serious,latent,and capable of prevention,

early detection, or mitigationthrough appropriatemedical testing and monitoring. Easily

administered, cost effective diagnostictests are in existence, such that an available medical

monitoring program is reasonable and necessary for early detection of the aforementioned

conditions.

311. Without establishment of a Court-supervisedmedical monitoring program funded

by Lennar, STOF will bear the cost of periodicdiagnosticmedical examinations and medical

testingand monitoring for its Tribe members.

246. A medical monitoring program, includingbaseline and periodicdiagnostictesting,

physicianconsultations,and data collection,

is reasonablynecessary to detect the onset of disease

in Tribe members at an earlier and more treatable stage.

247. The Tribe members' increased risk of contracting, and/or developing

exacerbating,

injuries such as allergic rhinitis, chronic sinusitis, and/or allergic asthma, allergic

bronchopulmonary aspergillosis, pneumonitis and skin disease requiresa more

hypersensitivity

comprehensive medical monitoring program than what would be generally practiced,

recommended or requiredfor the unexposed population.

248. Such a program will benefit Tribe members by facilitating

significantly early

diagnosisand intervention,therebyreducingmorbidity and mortality.

249. The reasonableness and necessityfor a medical monitoring program are supported

by contemporary scientific medical

principles, literature and expert opinions.

250. Florida recognizesthe Tribe members' rights

to medical monitoringas a cognizable

cause of action through Petito vs. A.H. Robbins, Co., Inc., 750 So.2d 103 (3rd DCA 1999),despite
the absence of the manifestations of a present physicalinjuryor symptomatic disease.

55
 CASE NO.: CACE 25-003574

251. Plaintiff seeks the establishment of a Court-supervisedmedical monitoring fund, to

be paid for by Defendant, to provide STOF Tribe members with the followingrelief on a routine,

periodic,and serial basis for the remainder of their lives:

a. Baseline medical and environmental health assessments;

b. Periodic medical examinations and testingfor conditions associated with mold and

moisture exposure;

c. Maintenance o f a registry
to collect and analyze health data over time;

d. Education and outreach to STOF Tribe members about symptoms, risks, and

available interventions.

252. The medical monitoring program sued for shall institute comprehensive and

appropriatediagnostictests for the earlydetection and diagnosisof injuries

such as allergic
rhinitis,

and/or allergic
chronic sinusitis, bronchopulmonary aspergillosis,
asthma, allergic hypersensitivity

pneumonitis and skin disease.

253. The diagnostic tests may include, without limitation or exhaustion, periodic

physicalexaminations, clinical laboratorytests for appropriatebiologicalmarkers such as skin

RAST blood
prick and intradermal allergytesting, tests, X-rays, CT Scans, pulmonary function

and such other

testing, tests as are necessary and prudent to maximize the opportunityfor early

detection of injuriessuch as allergic and/or allergic

rhinitis,chronic sinusitis, asthma, allergic

bronchopulmonary aspergillosis, pneumonitis and skin

hypersensitivity disease.

254. Medical monitoring is medicallyreasonable and necessary, in order to provide for

or preventionof the
the earlydetection,alleviation, STOF Tribe members' pain and suffering
and

to and damages ultimatelypayable by the Defendant and minimize the costs

minimize the liability

borne by STOF.

56
 CASE NO.: CACE 25-003574

255. A medical monitoring program will accommodate the Tribe members by the early

disease,presentlydoimant or latent,so as to avoid the

diagnosticidentification of serious allergic

consequentialpain and sufferingsuch disease will inflict upon them if left undiagnosed.

256. Failure to establish a medical monitoring program will result in the infliction of

immeasurable and unconscionable pain and sufferingon the Tribe members, which is preventable

or reducible by the establishment of a medical monitoring program.

257. Failure to establish a medical monitoring program will result in the infliction of

increased costs on the STOF.

258. The cost of this program is reasonable in lightof the seriousness of the harm, the

increased risk to STOF and its Tribe members, and the publichealth benefit of earlydetection and

intervention.

HWEREFORE, STOF requests that the Court enter judgment in its favor and against

Lennar and grant the followingrelief:

a. An order requiringLennar to fund a Court-supervisedmedical monitoring program

as described herein;

b. Costs and attorney'sfees as permittedby law; and

c. Such other and further relief as the Court deems justand proper.

COUNT IX - INJUNCTIVE RELIEF - MOLD INSPECTION, REMEDIATION, AND

PREVENTION PROGRAM
259. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

260. There is no adequate remedy at law for continuing: violations of the Florida

Building Code under Fla. Stat. § 558.85, breach of contract, negligence,breach of express

57
 CASE NO.: CACE 25-003574

warranty, breach of the implied warranty of constructability

through failure to construct in a

workmanlike manner, publicnuisance and/or breach of the implied warranty of habitability.

261. Absent injunctiverelief,irreparablehaim will result in that allowing continuing

violations,breaches, and negligenceby Lennar mold growth

and irreparable
may cause persistent

throughoutthe propertieswhich presents both future permanent property damage and health risks

if left inadequatelyaddressed.

262. Lennar's defective design and construction created uniform conditions-water

intrusion, inadequate HVAC and ventilation, and improper moisture barriers-that foster

mold growth in affected

persistent units.

263. These hazards present both property damage and health risks,and they are not

adequately addressed through piecemeal repairs.

264. Testing in multiple units has confiimed the presence of haimful mold species,

and Penicillium.
includingStachybotryschartarum, Aspergillus,

265. Without systemic remediation, mold is likelyto recur and continue damaging

property and endangeringhealth.

266. A court-supervisedremediation program, modeled on successful publichealth and

is necessary
housing interventions, to:

a. Identifyall affected units;

b. Remediate mold and underlying moisture intrusion according to IICRC S520 or

equivalentstandards;

c. Protect residents duringremediation; and

d. design corrections,and ongoing monitoring.

Prevent recurrence through repairs,

267. The requestedprogram will include:

58
 CASE NO.: CACE 25-003574

a. Initial inspection of all units by an independent, court-approved industrial

hygienist;

b. Remediation in compliance with recognized industrystandards;

c. Temporary relocation and living expense reimbursement for residents during

remediation;

d. Protection o f personal property from

e. and written certification for each unit;

Post-remediation clearance testing

f. Resident education on mold prevention;

g. Annual re-inspections
for 10 years; and

h. A centralized database trackingall inspections,

remediation, and clearance results.

HWEREFORE STOF requests that the Court:

a. requiringDefendant to fund and implement the remediation
Enter an injunction

program described above;

b. Appoint a court-approved,independent administrator to oversee the program;

c. Award costs and attorneys'fees as permittedby law; and

d. Grant such other and further relief as the Court deems justand proper.

59
 CASE NO.: CACE 25-003574

COUNT X - PUBLIC NUISANCE

268. STOF re-allegesand re-asserts all paragraphsprecedingCount I as though fullyset

forth herein.

269. Lennar's wrongful and/or unlawful actions have created a public nuisance and

STOF brings an action under common law for abatement of that nuisance.

270. STOF alleges that Lennar's wrongful actions have created a public nuisance.

Lennar is liable for publicnuisance because its conduct at issue has caused an unreasonable and

substantial interference with a rightcommon to the generalpublic,which is the proximate cause

of,and/or substantial factor leadingto, STOF's injury.

See Restatement Second, Torts § 821B.

271. STOF, its members and citizens,and the residents of the Seminole Community

have a rightto be free from conduct that creates an unreasonable jeopardy to the public health,

welfare and safetyand injuriousto health and to be free from conduct that creates a disturbance

and reasonable apprehensionof danger to person and property.

272. Lennar intentionally, and wrongfully constructed defective

unlawfully,negligently,

housing that Lennar knew or reasonably should have known would cause discomfort,

inconvenience, property damage, and injuryto STOF Tribe members and direct costs to the STOF.

273. and unreasonable interference with the public

Lennar has caused a significant

to be free from disturbance

health, safety,welfare, peace, comfort and convenience, and ability

and reasonable apprehension of danger to person or property.

274. Lennar's actions have been of a continuingand systemicnature and have produced

a significant
effect upon the public's includingthe public'srightto health and safety.
rights,

275. Lennar' s conduct is a direct and proximate cause o f injuriesand property damage

to the Subject Residence's owners, leaseholders,and residents,costs borne by the STOF, and a

60
 CASE NO.: CACE 25-003574

and unreasonable interference with public health, safetyand welfare, and with the
significant

public'srightto be free from disturbance and reasonable apprehension of danger to person and

property.

276. Lennar acted with actual malice because Lennar acted with a conscious disregard

for the rightsand safetyof other persons, and said actions have a great probabilityof causing

substantial harm, and said actions did cause substantial haim.

277. STOF from those suffered by the

has suffered specialinjuriesdistinguishable

generalpublic.

278. The damages available to STOF include, among other things,recoupment of

publicnuisance which the

governmental costs, flowing from an ongoing and persistent STOF

seeks to abate.

279. STOF further seeks to abate the nuisance and harm created by Lennar's conduct.

As a direct result of Lennar's conduct, the Tribe and the Seminole Community have suffered actual

expenses for health,relocation,home

injuryand damages including,but not limited to, significant

maintenance, reimbursement, rehousing,and other services.

280. STOF and its tribal members have sustained specificand specialinjuries
because

their damages include, among other things,health services,relocation,home maintenance,

reimbursement, rehousing,and other services.

281. STOF seeks alllegaland equitablerelief as allowed by law, including,among other

things,injunctiverelief,compensatory damages, and punitive damages from Lennar for the

creation of a publicnuisance, attorney fees and costs, and pre- and post-judgmentinterest.

282. Lennar's intentional and unlawful actions and omissions and unreasonable

interference with a rightcommon to the publicare of a continuingnature.

61
 CASE NO.: CACE 25-003574

283. The publicnuisance created by Lennar's actions is substantial and unreasonable-

it harm to the community, and the harm inflicted

has caused and continues to cause significant

benefit. The unlawful and defective construction of hundreds ofhouses,

outweighs any offsetting

allowance o f unsafe livingconditions,and failure to remedy the defects have caused haim to the

entire community and STOF.

284. The significantand unreasonable interference with the public rights caused by

Lennar's conduct taxed the human, medical, publichealth,and financial resources of the STOF.

285. Lennar's interference with the comfortable enjoyment of life in the Seminole

Community is unreasonable because there is no social to defective construction,and any

utility

value
potential is outweighed by the gravityof the haim inflicted by Lennar's actions.

HWEREFORE STOF requests that the Court:

a. and any additional
Grant judgment againstLennar for its damages, equitablerelief,

relief the Court deems justand proper.

DEMAND FOR JURY TRIAL

STOF demands a jury trial on all claims so triable.

62
 CASE NO.: CACE 25-003574

Respectfullysubmitted August 29,2025.

By-.s/ Adam Moskowitz CONRAD & SCHERER, LLP

Adam M. Moskowitz [Link] Plaintiff
Florida Bar No. 984280 614 South Federal Highway
adam@[Link] Fort Lauderdale, Florida 33301

Joseph M. Kaye Tel: (954) 738-8335 IFax: (954) 463-9244

Florida Bar No. 117520 By-./s/ William R. Scherer
joseph@[Link] William R. Scherer,Esq.
Leo A. Wiesinger Florida Bar No.: 169454
Florida Bar No. 1058780 wscherer@[Link]
leo@[Link] EService: EKreiling@[Link]
THE MOSKOWITZ LAW FIRM PLLC JLira@[Link]
Co-Counsel for Plaintiff com
eservice@conradscherer.
P.O. Box 653409
Miami, FL 33175 LEVINE KELLOGG LEHMAN
Officer (305) 740-1423 SCHNEIDER& GROSSMAN LLP
Direct: (786) 309-9561 [Link]
[Link] 100 Southeast Second Street
Miami Tower, 36th Floor
SMITH CURRIE OLES LLP Miami, Florida 33131
Co-Counsel for Plaintiff Tel: (305) 403-8788 IFax: (305) 403-8789
101 Northeast Third Avenue Jason K. Kellogg P.A.
Suite 1910 Florida Bar No. 0578401
Tel: (954) 761-8700 IFax: (954) 524-6927 Email: jk@[Link]
Joseph R. Young, Esq. Secondary: ame@[Link]
Florida Bar No. 92168
Email: jryoung@[Link] SCOTT N. GELFAND, P.A.
Secondary: lcherubin@[Link] [Link]
1073 Hillsboro Mile
Suite 6-N
Hillsboro Beach, FL 33062
Tel: (954) 255-7900
Fax: (954) 255-7905
Florida Bar. No. 0538711
Email: scott@[Link]
Secondary Email: daniela@[Link]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 29,2025, a true and correct copy of the foregoing
was furnished via the Florida Courts' e-FilingPortal to on all counsel of record.

By-. is/ Adam Moskowitz

63
Exhioit 1
 COMMUNITY DEVELOPMENT AGREEMENT
THIS COMMUNITY DEVELOPMENT AGREEMENT (the "AEreement") is made
ott 2019 (the "Effective Date") by LENNAR HOMES, LLC, a
,

company ("Builder") and the

Florida limited liability SEMINOLE TRIBE OF FLORIDA, a
American Indian tribe ("STOF").

A STOF is the beneficial owner of the tribal lands in the State of Florida known as
the I-Iollywood,Big Cyprcss, Brighton and [mmokalee Reservations as well as the Lakeland and
Ft. Pierce Trust lands (collectively,
"Tribal Lands") further described on Exhibit A.

B. Builder a wholly-owned subsidiaryof Lennar Corporation, a publiclytraded

is

company based in Miami, Florida,and is an experiencedland developer and homebuilder.

C. The Tribal Lands include the land described on Exhibit B, which STOF believes
is suitable residential development as of the
for Effective Date (the "Tribal Residential
Lands"),and which Sr[OF wishes to develop into communities for the benefit of members of
STOF ('Members"), including sonic homes which will be offered to Members for rental,and
other homes which will be conveyed to Members (each, a "Home').

D. STOFhas established certain procedures for determiningwhich of its Members

are qualifiedto rent or to acquire Homes ("Oualification Procedures").

E. STOF and [Link] to meet STOF's desire to develop

Buildqr wish
residential communities. Accordingly, STOF and Builder wish to enter into this Agreement to
facilitate Builder's development of such communities, on the terms set forth herein.

NOW, THEREFORE, for good and valuable consideration,STOF and Builder agree as
fullows.

AltTICLE I

RECITALS
[he foregoingrecitals are correct and are incorporated
into this Agreement.

ARTICLE H
REPRESENTATIONS
Section 2.01 STOF. STOP represents and warrants to Builder as follows. All
iii this
representations Agreement shall be true and correct on the Effective Date and at all times
throughoutthe Term of this Agreement, as defined in A rticle Ill.

(A) 1 ribalLands Suitablefgr Residential Development. The Tribal Residential

Lands are suitable for residential development as ofthe Effective Date.

(B) Devqlopment. All Tribal Lands designatedas Tribal Residential Land are
controlled by STOF in a manner that allows development with no need for further authorization
other than the Approvals, as defined in Section 6.02.
 (C) Authority. The execution, deliveryand performance by STOF of this
Agreement and the obligationscontained herein, includingthe waiver of sovereign immunity,
have been duly authorized by all necessary Tribal governmental and other action, and do not
require any consent or approval not hereto fore obtained of any Tribal officer or Tribal body. The
resolution which serves as evidence of the Tribe's approvaland waiver of sovereignimmunity is
attached as Exhibit C (the "Resolution"),

(D) Execution. The person executing this Agreement on behalf of STOF has
the lawful right, power, authority and capacity to bind STOF to the terms hereof and
eonsumniate the tiansactions contemplated by this Agreement.

Section 2.02 Builder. Builder iepresents and warrants to STOF as follows. All
representationsin this
Agreement shall be true and correct on the Effective Date and at all times
throughoutthe Term of this Agreement.

(A) Authorilx. Builder has obtained al! consents and authorityrequired to

enter into this Agreement and perform its obligationsunder this Agreement.

(B) Execution. The person executing this Agreement on behalf of Builder has
the lawful right,power, authority and capacity to bind Builder to the terms hereof and
consummate the transactions contemplated by this Agreement.

(C) Financial [Link] has the financial ability

to perform under this

Agreement without obtainingmortgage financing.

ARTICLE Ill
TERM
Section 3.01 Term. The term of this Agreement shall be five (5) years from the
Eflective Date (the"Term"), or such later date as is set forth in ally Community Commencement
Notice, as defined in Article V.

Section 3.02 STOF Termination Right for Convenience,

(A) Provided there does not then exist any uncured STOF's Default, as defined
inSection 13.02, STOF
shall have the right,from time to time, to terminate this
Agreement for
convenience at any time, upon thirty(30) days' advance written notice (an "Earlv Termination
Notice') to Builder. Such termination may be givcn with respect to this Agreement as a whole,
to any individual Community, as defined in Article V, or to multiple Communities; provided,
however, that if STOF has previouslyissued a Community Commencement Notice for one of the
Communities described in an Early Termination Notice, then STOF shall pay to Builder all
Builder Costs, as defined in Section 3.02(B), incurred by Builder with respect to the specific
Community or Communities which is/are the subjectof the Community Commencement Notice
through the date of the Early Termination Notice, plus, if work on Homes (as opposed to
Infrastructure)in a Comnlunity identified in the Early Termination Notice has then commenced,

an carly termination Ibe equal to ONE HUNDRED TI IOUSAND DOLLARS ($100,000.00) for
each such Community that is the subjectof the Early Termination Notice where work on Homes
has so commenced ("Early Termination Fee"). Such payment shall be made within thirty(30)

2
days Sl'OF's receiptof Builder's written demand, which shall be accompanied by an
after

accountingof'all Builder Costs and reasonable documentation with respect thereto.

,-
(B) The term ''Builder Costs shall mean all costs incurred by Builder with
icspect to this
Agreement, if this
Agreenient terminated as a whole, or with respect to the
is

applicableCommunity, if this Agreement is terminated as to an individual Community. Builder

Costs shall consist of reasonably documented hard and soft development costs (if Builder is the
Infrastructure Party, as defined in Article V), hard and soft construction costs, and sales and

marketingcosts.

(C) Upon STOP's issuance of an Early Termination Notice:

(i) STOF shall assume all with respect

liability to the
applicable
Community Homes and/or Community Inftastructure not completed by Builder,and shall
indemnity Builder with respect thereto.

(ii) STOF, not Builder, shall issue any warranty with respect to such
Conimunity Homes completed by STOF.

(iii) STOP and Builder shall cooperate with respect to the transfer of
any permits applicable to the Community Homes or Community Infrastructure, as

applicable,to STOP or another builder engaged by STOF.

(iv) Upon receiptof the Builder Costs and Early Termination Fee,
Builder shall provide to STOF all drawings,plans and other materials (collectively,
the

*1'lans")for construction of the Community Homes, as defined in Section 6.01, in the

applicableCommunity, and for infrastructure development of the applicableCommunity

if Builder is the Infrastructure Party, on the followingterms and conditions:

(a) STOF shall have a license to ilse tbe Plans only with
respect to such Community and only with respect to those Community Homes where
Builder has commenced vertical construction or where there is a Member Home Purchase
Agreement, as defined iii Section 9.01(B),in effect.

(b) Builder shall have no liabilitywith respect to the Plans, and

S I OF's usc ol'the Plans shall constitute a release of Builder from all liability
with respect
thereto.

ARTICLE IV
EXCLUSIVE BUILDER

During the Term, Builder shall be the exclusive builder engaged by STOF to develop
residential communities and build Homes on those portionsof the Tribal Lands which are
described in any Community Conimenccnient Notice, and STOF shall not engage in a direct
relationshipwith any other homcbuilder for the development of communities and/or the
construction of Homes within the Tribal Lands described in such Community Commencement
Notice (the "Exclysivity Provision"). The ExclusivityProvision shall not apply to (i)a builder

3
of a custom home contracted directlyby an individual Member or (ii)the Homes in a

Community with respect to which an Early Termination Notice has been issued.

ARTICLE V
COMMUNITIES
STOF process of long-range planning of the residential development of the
is iii the

rribal Residential Lands. As STOF makes such plans, STOF shall identify portionsof the Tribal
Residential Lands fui development in accoidance with this Agreetnent (each,a "Community"),

by providing written notice to Builder, accompanied by a sketch and legal descriptionof the
applicable portion of the Tribal Residential Land (each, a "Communitx Commencement
Notice"). Each Community Commencement Notice sha]I identifywhich party (STOF or
Builder) is to plan, construct, and install the Community Infrastructure (the "infrastructure

Party").

ARTICLE VI
LANI) DEVELOPMENT
Scction 6.01 Community Planning. After Builder's receipt of each Community
Conuncnccment Notice, STOF and Builder shall collaborate in good faith to agree on (A) the
number and types of Homes to be built in such Community (the "Community Homcs"), (B) the
siteimpi-ovements for the Community, to include, without limitation,grading,water, sewer,
signage,and road iniprovements necessary with respect to such
drainage,landscaping,anicnitics,
Community (the "Community Infrastructure"), (C) the site plan and budget containingthe
projected costs for completion of such Community Infrastructure (the "Community
Infrastructure Documents") and (D) the number of model Community Homes and speculative
("spec") Community Homes to be built in such Community,

Section 6.02 Approvals. After the parties have agreed on the Community
Infrastructure Documents, the Infrastructure Party shall use commercially reasonable efforts to
obtain all Approvals witli respect thereto, The term "Approvals" shall mean all final,non-
appealable approvals,permits, agreements and consents from
all applicable government

authorities and/or from STOP, for the applicableCommunity Infrastructure,with all appeal

periods expired and no appeals having been filed, so that upon Infrastructure Party's obtaining
all Approvals for the applicable Community, Infrastructure Party will be able to install the

Community Infrastructure, Builder will be able to build the Community Homes, and upon
completion of construction, Builder will be able to obtain all certificates as are necessary to
occupy each of the Community Homes. If Builder is the Infrastructure Party,then STOF shall
cooperate with and shall not impede in any way Builder's efforts to obtain the Approvals,
the approval of STOF Tribal authorities and other applicablegovernmental
including facilitating
authorities,and executing,within thirty(30) days after Builder's written request, a]I documents
which are required to be executed by STOF in its capacityas the owner of the Community. If
Builder the Infrastructure Party and after all Approvals are received there are any increases to
is

the previously approved budgets fbi costs of materials, then the parties shall use good faith
efiorts to adjustsuch budgets.

4
 Section 6.03 Consultants. If Builder
is the Infrastructure
Patty,then Builder shall
select all consultants,engineers, planners, and such other experts as are necessary for the
development of the applicableCommunity (each, a "Consultant"), subjectto the approval of
S'FOF, which shall not be unreasonablywithheld, and subjectto STOF's rightto terminate a
Consultant upon thirty(30) days' advance notice to Builder. STOF has approved the Consultants
listed on Exhibit D. Builder shall enter into all contracts with Consultants (each, a "Consultant
...
Contract"), but S'I OF
be solely responsiblefor the payment of all amounts due to any
shall

Consultants. S'IOF has approved the form of Consultant Contract attached as Exhibit E. Builder
shall nlanage the Consultants such that the Consultants complete all studies and plans,including
but not limited to civil engineering plans for paving, drainage, water, and sewer systems,

landscaping,photometrics,and the like,as needed to complete the Community Infrastructure,

Section 6.04 Construction. After receiptof all Approvals and execution of all
Consultant Contracts, the Infrastructure I any shall diligentlypursue the construction of the

Community Infrastructure.

Section 6.05 Utility Services. STOF will

provide electric,water, sewer, internet,
cable, telephone,and other utility
all service to each Community, at no cost to Builder. On behalf
ol STOP, Builder shall nianage the design and installation of the foregoingif needed.

Section 6.06 Cultural Resources. A]I Tribal Lands described in any Community
Comnienccment Notice shall have first been surveyed and determined by STOF to be free of
eultuial resources and artifacts,or STOF shall have determined that treatment of any such items
piesent on that portion of the Tribal Land has been agreed by all governmental bodies with
authority to do so. Notwithstanding tile foregoing, if any cultural resources or artifacts are
discovered during the development of a Community, Builder will promptly noti fy STOF of such
findings and shall immediately cease development of the infrastructure (if Builder is the
Infrastructure Party) or construction of the Community Moines affected by the cultural resource
or artifact. Thereafter,STOF will diligentlyinvestigatesuch findings,and STOF-and Builder
shall work togetherin good faith to promptly resume construction in a manner which
protects
such cultural resources and artifacts.

ARTICLE VII
COST REIMBURSEMENT AND MANAGEMENT FEE FOR INFRASTRUCTURE
Section 7.01 Costs of Infrastructure. STOF shall be responsible for all costs to
and construct
design, install, all of the Community Infrastructure, If Builder is the Infrastructure

Party, then Builder shall manage the construction process for the Community Infrastructure,
includingselection of contractors, bidding,preparing,and enteringinto all applicablecontract
docuinents (each, a "Cgnstruction Contract').

Section 7.()2 Reimbursement Proeedure. If Builder is the Infrastructure Party,

then Builder will sign the Construction Contracts; however, STOF shall be responsiblefor the
and construct the Community Infrastructure. Builder may advance
costs to design,install,
money
to cover such costs, and shall have the rightto periodicrcimbursements from STOP upon written
request ('Reimbursement Requests"), but not more often than once per month, for all amounts
incurred by Builder to complete the Community Infrastructure,plus the Management Fee, as

5
defined in Section 7.03 (the "Reimbursement Amount" Each Reimbursement Request shall
.

include typical aifidavits,lien releases, inspection approval, and other reasonable back-up
documentation, Builder shall Reimbursement Requests to STOF, and such
deliver the
Reimbursement Requests shall include the calculation of the applicableReimbursement Amount
and Management Fee, together with a copy of the subjectdraw request, if any, from the
applicableConsultants and Contractors, and supportingdocuments includinginvoices and lien
releases (as and if applicable)from all Consultants, Contractors, and payees from the date of the

previous Reimbursement Request (except as to the first Reimbursement Request) through the
date of the current Reimbut sement Request.

Section 7.03 Management Fce. If Builder is the Infrastructure Party, then the
management fee to Builder (the "Management Fec") shall be equal to five percent (5%) of the
total costs ot'construction ofthc Community Infrastructure.

Section 7.04 Timely Payment. The Reimbursement Amount set forth in each
Reimbursement Request shall be paid to Builder within thirty(30) days after deliveryto STOF,
unless Sl'OF providesdetailed written objections
within such thirty(30) day [Link] the event
o f such dispute (a "Reimbursement Dispute"), the partiesshall work togetherin good faith to
resolve the Reimbursement [Link] the partiesare unable to resolve a Reimbursement

Dispute within a further ten (10) day period,then the partiesshall proceed to mediation in
accordance with Section 13.04. In addition to all other remedies of Builder hereunder, any
Reimblll-sement Anlolmt not paid when due shall bear interest at the rate of twelve percent (12%)
per annum from thc date due to tile date paid.

ARTICLE VHI
HOME CONSTRUCTION
Section 8.01 Home Tvpes, Prior to the Infi*astructure Party'scommencement of the
Community Infrastructure Documents, Builder shall provide to STOF a list settingforth the
types of Homes to be constructed in the applicableCommunity (the "Home Types" and
preliminaryproposed sales pricesof each I Iome Type. The Home Types shall be selected from
thc wide assortment of Builder's then-current home plan library
for homes within the State of
Florida, and shall include one handicapped-accessiblemodel. Builder shall not be requiredto
design new or unique Homc Types for any Community, except for a change to certain material
specifications,such as metal roots and impact windows. STOF shall have the rightto approve
Olc proposed [-tonie Types in its reasonable discretion,

Section 8.02 Price List. At least thirty(30) days priorto opening a Community for
sales,Builder shall provide to STOF proposed pricesof the Community Homes and the
thc final

pricesol'available options(the "Price List"),which pricesshall be generally in accordance with

the preliminaryproposed prices,subject to documented adjustmentsfor then-current costs. The

pricesset forth in the Price List shall be subjectto periodicescalation for unsold Homes based on
documented increases in the cost of materials after the date of the Price List,provided that prices
shall not increase for any Home duringthe term ofany Member Home Purchase Agreement. For
the purposes o f this Section 8.02, Lease Pool Homes, as defined in Section 8.05, are considered
to be sold Homes.

6
 Section 8.03 Permitting Procqi. With respect to each Home, Builder shall submit
to STOF's housing department a standard permit package which will include the items listed on

Exhibit F, and STOF shall expeditethe issuance of a building permit and any other required
permits,Aftc] receiptof a building permit, Builder will diligentlypursue construction and
completion ofthc applicableHome,

Section 8.04 -Models Homes and Spec Homes. After installation of the Community
infrastructure,Builder shall commence construction of the number of model Homes and spec
l iomes in the applicableCommunity, as set forth in the Community Infrastructure Documents.
The model Homes shall be Lease Pool Homes, provided that the Closing for any model Homes
shall takeplace on the date on which the Closing occurs with respect to the last Home in the

subject Community which is not a model. STOF will have the opportunity to designateany
upgrades and / or options to be incorporatedinto the model from the options provided by Builder
within the subjectCommunity. STOP shall pay for the cost of furnishingsand ddcor for the
model. Builder shall make the model Homes available lo Members from time to time to enable
Members to meet with their lenders to review and signapplicableloan documentation.

Section 8.05 Lease Pool Homes and Member Homes. In connection with the
issuance of each Community Commencement Notice, STOF shal I state the number of Homes to
be built in such Community that will (A) bc purchasedby STOF for inclusion in STOF's pool of
Homes available for lease by STOF to its Members ("Lease Pool Homes"), or (B) be purchased
directlyby individual Members ('Member Homes"). STOF may revise the mix of Lease Pool
l Iomes and Member Homes in any Community upon reasonable notice to Builder, provided that

planning, or administrative cost, then STOF

if such change results in any increased permitting,

shallpay such increased cost within thirty(30) days after STOF's receiptof Builder's written
demand, which shall bc accompanied by an accounting of such increased costs and reasonable
documentation with respect thereto.

Section 8.06 Subcontractors. Builder shall select all subcontractors as are necessary
for the construction of the Homes for each Community (each,a "Subeontfactor"),subjectto the
approval of STOF, which unreasonably withheld, and subjectto STOF's rightto
shall not be
terminate a Subcontiactor upon thirty(30) days' advance notice to Builder, Within thirty (30)
days after receivingeach Community Commencement Notice, Bui[der shall provide to STOF a
proposed list of contractors for the applicableCommunity. STOF shall notifyBuilder within ten
(10) business days after receiptof such list if any of the Subcontractors on such list are not
[Link] STOF jails to timely provide such notice. then the contractors on the list shall be
deemed to have been approved by STOF.

Section 8.07 Home Completion Date. Upon Builder's completion of construction

of each ltonie, Builder shall send to STOP written certification that such Home is complete
(each, a "Completion Notice"). Within seven (7) business days after receiptof a Completion
Notice, STOF (with respect to each Lease Pool Home), the individual member (with respect to
the applicable Member Home), the Tribal Inspector (as to all Homes) and, if applicable,a

representativerequired by any lender niakingan insured loan with respect to the Home, shall

inspectsuch 1 [onie with Builder, and the partiesshall jointlyprepare a punch list. Builder shall
Lhcrcaftcr correct such punch list items. If S'I OF, the individual member, Tribal Inspectorand
as applicable,do not inspect within such seven (7) business
the lender representative, day period,

7
then the Home shall be deemed complete. The Tribal Inspector shall issue a certificate of
occupancy or equivalentcertification of completeness of such Home. The "Home Completion
Dat.g"shall be the earlier of the following:(a) the date on which the Home is deemed complete,
or (b) the date of the last of the inspectionsby STOF, the individual member, Tribal Inspector
and the lendei icpresentative,as applicable(including the correction of all punch list items).
Notwithstanding the foregoing,if the insured loan program pursuant to which a lender is
providing financingfor the purchase of the Home permitsmore than seven (7) business days to
inspect,such Icndcr's representativeshall be afforded such reasonable additional time as
permittedunder the loan program.

Section 8.08 Indian Preference. STOF

supports Indian preferencewith regard to the
submittal of bids for consti uction projectsby firms that are at least 51% owned by Members, if
the respectivefirm is qualified with regard to the [Link],Builder
agrees to afford the opportunityto those qualified Members who meet the applicableproject
requirements to bid for direct work to be performed as a subcontractor, and to enter into
subcontracts on the same terms and conditions as othei subcontractors of Builder for the project.
As used herein,"qualilicd"ineans that a Member or member-owned firm can provide goods or
services competitiveprices,has demonstrated skills and abilities to perform the task to be
at

undertaken in a timely and acceptable manner, and can meet the application, licensing,and
insurance requirements.

ARTICLE 1X
CLOSINGS
Section 9.01 Closing. Each of the conveyances described in this Section is referred
to herein as a "Closing."

(A) [Link]?J?ool Ilomes. Promptly after the issuance of each

Community Commencement Notice, Builder and STOF shall execute a confirmation notice in
the forin attached as Exhibit G (each, a "Lease Pool Home Confirmation Notice") which shall
set It)riIithc applicablelot nuinbei, price,I-lomc model, and [Link] five (5) business
days after the I Iomc Completion Date of a Lease Pool Home, the following shall occur: (i)
Builder' shall convey to STOF via bill of sale the Lease Pool Home and any personal property
included with the I ease Pool (ii)Builder shall provide to STOF a Home warranty
I lome,

consistent with the wai ranty then provided by Builder to its customers outside Tribal Lands
Builder shall provide to STOF all manufacturer's warranties and
within the State of Florida, (iii)

operatingmanuals, (iv) if changes have occurred from the originalpermittedplans,then Builder

shall provideto Sl OF a set ofmodified plans;and (v) STOF shall pay to Builder the amount due
for the Lease Pool [jonie as set forth on the Price List in effect on the date the Lease Pool Home
Confirmation Notice is executed.

(B) Closingsfor Member market the Member Homes for

I-Iomes. Builder shall

occupancy only by Members who have qualified in accordance with the Qualification
Procedures. STOF shall provide Builder with a list of Members who have satisfied the

QualificationProcedures for the acquisitionof a Member Hoine, as well as contact information

toi such Members. Builder shall enter into agreements with Members in the form attached as

Exhibit H (each, a -Mcmber Home Pu rchase Agreement") which shall provide, among other

8
things,that within five (5) business days after the Home Completion Date of a Member Home,
thc following shall occur: (i) STOF and the Member shall enter into a homesite lease in
accordance with STOF procedures,(ii)Builder shall convey Member via bill of sale the
to the
Member I Iomc and any personal property included with the Member Home, (iii)Builder shall
provide to the Member a Home warranty consistent with the warranty then provided by Builder
to its customers outside Tribal
Lands within the State of Florida,(iv)Builder shall provideto the
Member all manufacturer's warranties and operatingmanuals, (v) if changes have occurred from
permittedplans,then Builder shall provide to the Member a set of modified plans;
the original

(vi)the Member shall pay to Builder the ainount due as set forth in the Member Home Purchase
Agreement, and (vii)to the extent that a Member obtains a loan to finance the amount due,
Builder and STOF will comply with the provisions of any applicableinsured loan program,
provided there is no cost to Builder.

Closings for Unacquired

(C) Member Homes. Builder will provide toSTOF a
monthly report of the status of sales of all Member Homes. If any Member Home is not
conveyed to a Member
pursuant 9.01(B) for any reason or no reason (other than a
to Section

Builder's Default, as defined in Section 13.0]) ("Unaequired Member Home"), then such
Unacquired Member Hoine shall be treated as a Lease Pool Home, and STOF shall be obligated
to acquire such Unacquired Member I Jonie pursuant to Section 9.01(A) within one hundred
eighty (180) days after the I lomc Completion Date of such Unacquired Member Home. The
price to be paid for s,ich Unacquired Member I iomc shall be as set forth on the Price List in
effect on the l lome Completion Date, plus the costs of any options or similar costs included in
the Home, plus interest on such priceat the rate of twelve percent (]2%) per annum, from the
St\
thirtyfirst (31! ) day after the Home Completion Date through the date of Closing ("Unacquired
Member Home Interest"); provided, however, if the Unacquired Member Home was the
subjectofa Member Home Purcbase Agreement where the member then failed to timelyclose, if
STOF purchases such Unacquired Member Home within thirty(30) days of the Home
Completion Date. the purchasepriceshall be the purchase priceset forth in the Member Home
Purchase Agreement and any and all depositspaid by or on behal f of the Member and received
by Builder shall be credited to STOF at closing. Notwithstandingthe foregoing,STOF's
obligationto acquire the Unacquired Member l lomeshall terminate if (i)a Member enters into a
Member I Iomc Purchase Agreement for the acquisitionof an Unacquired Member Home, (ii)the
Member Home j'ui'chase Agreement includes the payment to Builder of the Unacquired Member
I lome Interest,and (iii)the closing under such Member Home Purchase Agreement occurs

within one hundred eighty ( 180) days after the Home Completion Date of such Unacquired
Member t-Iome.

Section 9.02 Carrying Costs. If Builder is delayed in the construction of any Home
due of STOF, includinga delay under Section 6.06 (but as to a delay under Section
to actions

6.06, only to the extent satne continues beyond thirty (30) days),then Builder shall so notify
S[OF, and S rOF will reimburse Builder for carryingcosts incurred by Builder during such
applicableperiodof delay, at the rate of twelve percent (12%) per annum on all Builder Costs
incurred,startingon the date on which Builder notifies STOF in writingof such delay (or on the
3 pl day after such notice as to a delay under Section 6.06). Such payment shall be made within

thirty(30) days after Sl OF's receiptof Builder's written demand, which shall be accompanied
by an accounting ofall Builder Costs and reasonable documentation with respect thereto.

9
 ARTICLE X
INITIAL COMMUNITIES
Section 10.01 Mable T Property, The Tribal Residential Lands include,without
the land
limitation, known as the "Mable T Property" described on Exhibit I, within the Big
Cyptess Reservation. This Agreenient shall constitute the Community Commencement Notice
l'orthe Mable 1 Property,Builder shall build on the Mable T Property thirty-two(32) Lease Pool
Homes on the lots designated " Residences By Lennar" on Exhibit I. STOF shall be the
Infrastructure Party for the Mable '1 Property.

Section 10,02 Scminolc Park, The Tribal Residential Lands include, without
limitation, tl?c land known as the "Seminole Park Property" described on Exhibit J, within the

Hollywood Reservation, This Agreement shall constitute the Community Commencement Notice
for the Seminole Park [Link] shall build on the Seminole Park
Propertyforty-six(46)
Membei Homes on the lots designated"Residences Built By Lennar" on Exhibit.1. STOF shall
be the Infrastructure Party for the Setninole Park Property.

Section 10.03 Lakeland Property. The Tribal Residential Lands include, without
limitation,the land known as thc "[Link] Property" described on Exhibit K, within the
Lakelaiid Trust lands. This Agreement shall constitute the Community Commencement Notice
for tile Lai<cland Property. Builder shall build on the [Link] Property thirty-seven(37)
Member I Iomes on designated''Residences Built By Lennar" on Exhibit K.
tile lots STOF shall
be the Infrastructure Party for the [Link] Property.

Section 10.04 Tribal Development Option. Exhibits I,J and K specifically

designate
certain lots as Development Option" which lots (hereinafterreferred to as the "TDO
l'ribal

Lots") are in addition to the lots designatedfor Builder as described in Sections 10.01,10.02 and
!0.03, Sl OF aloiie shall have the rightto construct homes for its Members on the TDO Lots.
Unless a Community Commencement Notice expressly includes a designationreleasing some or
all of the TDO Lots from this rightof Sl'OF, the issuance of a Community Commencement

Notice (including, but not limited to, those set forth in Sections 10.01,10.02 and 10.03 set forth
hereinabove), shall not be deemed to grant Builder any rightto build Homes upon the TDO Lots.
From time to time, STOF may, but shall not be obligatedto, provide written notice to Builder
specifyingcertain TDO Lots which are released from this restriction in order that Builder may
construct Monies thereon. This rightreserved to STOP with respect to TDO Lots shall apply to
each Comniunity included in this Agreement for which there are TDO Lots set forth on the site
plan exhibit which shall accompany the Community Commencement Notice.

ARTICLE XI
COMMUNITY OPERATION
Builder shall develop the land and sell Homes in each Community in a manner similar to
the operation of Builder's communities outside Tribal Lands within the State of Florida. There
shall be no homeowners' or similar association any Community unless STOF requiressame,
in

in which case the formation and operationof such association shall be at STOF's sole cost and

10
[Link] the absence of any association,all Community maintenance and operation costs

shall be at STOP's sole cost and responsibility,and Builder will cooperate with the same.

ARTICLE XI1
FORCE MAJEURE
If the performance by either party of any of its obligationshereunder is delayed by
natural disaster, war, labor dispute,governmental delay or other matter beyond
terrorist activity,

the control of such party, without such party's fault or negligence,then the deadline for

completion of such obligationshall be extended by a like number of days. The foregoingshall

to pay money due hereunder.
not apply to any obligation

ARTICLE XIII
DEFAULT, REMEDIES, AND MEDIATION
Section 13.01 Builder's Default. In the event of any default by Builder ("Builder's
Default"),STOP shall bc entitled to terminate this Agreement. In the event of such termination,
Builder shall assign to STOF, to the extent assignable and without any representationor
warranty, all rightsof Builder under the Approvals and under any plans,Consultant Contracts,
Construction Contracts, and Member Home Purchase Agreements, such that STOF will be able
to complete all Homes then under Construction. Altei natively, STOF shall have the rightto
require Builder to complete all Homes then under construction pursuant to the terms of this
Agreement; upon completion and Closing of said Homes, this Agreeinent shall terminate and

neither party shall have any further liability

hereunder.

Section 13.02 STOF's Def:

[ault. In the event of any default by STOF ("STOF's
Default"), Builder shall be entitled to terminate this Agreement and be fullyreimbursed for all
costs and expenses incurred through the date of termination, and to all remedies avai[able at law
Without limitation,specificperformance, injunctiverelief and damages.
or in equity,including

Section 13.03 Notice and Cure. Builder shall take no action with respect to a STOF's
Default, and S'[OF shalltake no action with respect to a Builder's Default, until the non-

defaulting party has given written notice to the defaultingparty and the defaultingparty has
failed to cure the default within the applicablecure [Link] cure periodshall be (A) five (5)
business days with respect to a failure by either party to perform its obligations
with respect to a
Closing, (13)two (2) business days with respect to STOF's execution of documents requested in
connection with the Approval process in accordance with Section 6.02,(C) two (2) business days
with respect to STOF's failure to pay a Reimbursement Amount, or (D) thirty(30) days with
respect to all other obligations.

Section 13.04 Mediation.

(A) Nothing contained in this Agreement shall be deemed or construed to

constitute consent on tlic part of STOF or Builder to arbitrate any matter or dispute,
and nothing
contained herein shall be deemed or construed to constitute an obligationor intent on the part of
STOF or Builder to arbitrate any matter or dispute whatsoever.

11
 (B) This Agreement shall be governed by the laws of the State of Florida and
by such laws of the United States of America as are applicable. Except as otherwise noted below,
by referringto federal law and the laws ofthe State of Florida,this Agreement is not intended to,
and does not: (i)incorporateany administrative or other dispute resolution procedure contained
therein;(ii)subject Srl OF, Builder, or the Tribal Residential Lands to the jurisdiction
of the State
of Florida or its courts or administrative bodies; or (iii)grant the State of Florida jurisdiction
over this Agreement. Any controversy or claim arisingout of oi relating
to this Agreement or the

allegedbreach thcreoishall be resolved in the manner set forth below.

(C) The partiesshall first attempt to resolve any controversy or claim arising
out of or relatingto this Agreement, or the alleged breach thereof, by negotiatingin good faith
for a period not to exceed thirty(30) days with each other with a view toward resolvingtheir

dispute voluntarily. If the voluntary efforts of the partiesat direct negotiationsfail,the parties
shall then submit the disputeto mediation, as set forth below:

(D) Sitch iiiediation shall take place within sixty (60)

days after the failure of
voluntary negotiations between the [Link] no circumstances will the mediation operate
as a waiver ot tribal sovereignimmunity. Mediation may be initiated by either party upon ten

(10) days' written notice to the other party. All niediation proceedings shall be held at the
Administrative Offices ol STOF within the confincs of Broward County in the State of Florida,
Selection of the Mediator shall be subjectto the mutual agreement of the [Link] the
alternative, the Mediator shall be selected by a neutral third party. The Mediator shall be Board
Certified in Construction law or a former member of the Florida judiciarywith background in
construction cascs. The partiesand the Mediator shall maintain strict confidentiality with respect
to any mediation [Link] that transpiresduring the mediation proceedingis intended
iii any way to affect the or
rights prejudice the o f
position any of the partiesto the disputein any
Iatei litigationor other [Link] Mediator is authorized to end the mediation whenever
further efforts at mediation would not reasonably contribute to a resolution of the dispute
between the parties.A written report of the mediation process will not be prepared by the
Mediator. There shall be no record, electronic or otherwise, of the mediation [Link]
Mediator's iee or time charge rate will be established at the time o f selection or appointment.
The expenses of witnesses for either side, if any, shall be paid by the party providing such
witnesses. All other expenses of the mediation, includingrequired travel and other expenses of
the Mediator or the cost of any proofs or expert advice produced at the direct request of the

Mediator, shall be shared equally by the partiesunless they agree otherwise. Neither party shall
nor other proceedingswhile the mediation proceedingis pending; however, a
institute litigation

party may withdraw at any time from the mediation proceedingby providingwritten notice to
the niediator and to the other party.

(E) Any wi'itten agreement of the partiesthat einerges from

settlement
mediation shall be final and binding once fullyexecuted, and the contents of which shall be
The mediation pioceedingshall be deemed terminated itiand
maintained in strict confidentiality.
when: (i)the partieshave not executed a written settlement agreement within forty-five
(45) days
following conclusion of the mediation formal meeting (which deadline may be extended by
mutual agreement), or (ii)either party serves on the other pai ty and on the Mediator written

12
notice of withdrawal from the [Link] Mediator shall apply all applicablelaws and rules
of procedure, if any, in conducting the mediation proceedings,and in assessingthe respective
positionsof each party mediation in an effort to bring about a voluntary resolution of the
to the

[Link] addition to the foregoing and except as noted below, nothing contained herein is
intended to constitute a consent or agreement on the part of STOF or Builder to be subjectto

participatein any legalproceeding to resolve any controversy, claim or disputearising

out of or
to this Agreement or any allegedbreach thereof.
relating

(F) It a dispute cannot be resolved as a result of mediation, then venue shall

be proper in the IJ.S. District Court for the Southern District of Florida, Broward County
,[1,
Division; or the Florida Circuit Court for the 17'i'Judicial Circuit,both with applicable
appellate
thereafter
jurisdiction if required.

(0) If either of the parties commences a lawsuit or other legal proceeding

againstthe other party to enforce the provisionsof this Agreement or as a result of the other
party'sallegedbreach thereof,the non-prevailing party shall pay the reasonable attorneys'fees
and court costs incurred by the prevailingparty. If STOF is charged with a breach of this
Agreement, and all othcr conditions precedentto the assertion ofa claim or the filingof suit have
been Iully met, the complaint or charging document filed by Builder shall set forth each and
every Iact and shall include, by way of attachment, each and every document upon which its
allegationsof breach are [Link] and every factual allegationcontained in the complaint
or charging document must be verified linder oath.

(H) It is understood and agreed that by executing this Agreement, STOF does

not waive, limit or modify its sovereigntyor its tribal sovereign immunity from suit or from the
assertion of any claim againstit in any court or tribunal whatsoever unless the Tribal Council of
STOF duly enacts an ordinance or a resolution inlegal session authorizinga limited waiver of
tribal sovereign immunity which conforms, in form and in substance, to the requirements of
Tribal Ordinance C-01-95 regarding tribal sovereign immunity. Any limited waiver of the

sovereign immunity of STOF shall also be subjectto the following:

(i) The limited waiver shall be based solelyupon a claim that STOF
bieached its obligationsunder the terms and conditions of this agreement.
has materially

(ii) The limited waiver may only be asseited by the party in direct

piivitywith STOF. lt shall not be assignable.

13
 (iii) The limited waiver shall not be effective unless and until the

parties have first exhausted the disputeresolution procedures set forth in this Article XIII.
The limited waiver shall be limited to actual damages which have been incurred through
the date of any claim asserted. The limited waiver of tribal sovereign immunity shall not

pertainto any claim for punitivedamages.

ARTICLE XIV
INTENTIONALLY OMITTED

ARTICLE XV
INDEMNITY
Section 15.01 STOF Indemnitics. All work undertaken by STOF pursuant to this
Agreement, shall be at the sole risk of STOF. STOF shall, to the fullest extent permittedby law,
defend all claims through legalcounsel reasonably satisfactory to Builder, and indemnify and

hold Builder, its members and affiliated companies and each of their agents, employees and
representatives (collectivelyreferred to as "Builder Indcmnitecs") harmless from and against
each and of the following: any claim, liability,
all loss, damage, cost, expense, including
attorneys' fees, awards, fines or out
judgments arising o f the negligence or willful misconduct of

STOP obligationshereunder, including without limitation,death or bodilyor

iii performing its

personal persons, injury or damage to tangibleproperty, including the loss of use

injuryto
therefrom, construction defects, or other loss, damage or expense, regardlessof whether it is
caused in part by any of the Builder Indemnitces; provided, however, STOF shall not be
obligatedto indemnify the Builder Indemnitees with respect to damages which are ultimately
determined to be due to the sole negligence or willful misconduct of any of the Builder
Indemnitees or resultingfrom defects in design furnished by any of the Builder Indemnitees.
STOF further heieby indemnifics and holds the Builder Indemnitees harmless from all injury,
damage, loss, cost or expense, including,but not limited to, attorneys' fees and court Costs
resultingfrom the following:

(A) Consultant Contracts, All activities performed by third partiesunder the

Consultant Contracts.

(B)Hazardous Substances. Except to the extent introduced by Builder or any

subcontractor, the presence of any Hazardous Substances above, below, on, or within the Tribal
Lands, and any (i)generation, reuse, sale,storage, handling,transport and/or disposal
recycling,
of any I Iazardous Substance on [ribal Lands, or (b) failure by STOF to comply with any
applicablelocal, state or federal cnviromnental laws, regulations,
ordinances or administrative or
judicial orders relating to the generation,recycling,reuse, sale, storage, handling, transport
and/or disposalof any Hazardous Substance. As used herein, the term "Hazardous Substance"
means any substance or material defined or designated as a hazardous or toxic waste, material or
substance, chemical contaminant, or other similar term, deemed to be such by any federal, state
or local environmental statute, regulationor ordinance presently or hereafter in effect, as such

statutes, regulationsor ordinances may be amended from time to time.

14
 Section 15.02 Builder Indemnities. All work undertaken by Builder pursuant to this
Agreement, shall be at the sole risk of Builder. Builder shall,to the fullest extent permitted by
law, defend all to STOF, and indemnify and
claims through legalcounsel reasonably satisfactory
hold STOF, its Members and affiliated companies and each of their agents, employees and
representatives(collectively referred to as "STOF Indemnitees") harmless from and against
each and all of the following:any claim, liability, ioss, damage, cost, expense, including
fees, awards, fines orjudgments arisingout of the negligence or willful misconduct of
attorneys'
Builder in performing its obligationshereunder, including without limitation,death or bodily or
personal injuryto persons, injury or damage to tangible property, includingthe loss of use
therefrom, construction defects,or other loss, damage or expense, regardlessof whether it is
caused in part by any of the STOF Indemnitees; provided, however, Builder shall not be
obligatedto indemnify the SIOF Indeinnitees with respect to damages which are ultimately
determined to be due to the sole negligence or willful misconduct of any of the STOF
Indeinnitecs or resultingfrom defects in design furnished by any of the STOF Indemnitees.

ARTICLE XVI
NOTICE AND ADDRESSES
Ai. notices iequii-cdoi desiied to be given under this Agreement shall be in writingand

(c)sent via FedEx

either (a) -iand-delivered,(b) sent by certified mail, return receiptrequested,
or similar overnight service, or (d) sent via electronic mail, so long as notice is also provided

through either method (a), (b) or (c) as herein described. All notices shall be addressed to the
party being noticed, and shall be deemed to have been given (i)when delivered, if by hand
three (3) business days after deposit in a U.S. Post Office or official letter box, if
delivery,(ii)
sent one (I) business day after timely deposited in a FedEx or similar
by certified mail, (iii)
overnight service depository,or (iv)upon transmission by sender if sent via electronic mail. All
service by the party givingnotice, and
notices shall be delivered or sent prcpaid for the specified
shall be addressed as follows:

STOF: SEMINOLE TRIBE OF FLORIDA

6365 Taft Street,Suite 3008A
Hollywood, Florida 33024
Telephone No.: (954) 966-6300, extension 10919
Attn: Executive Director of Tribal Community

Development
E-Mail: dcrckkoger@[Link]

Copy To: SEMINOLE TRIBE OF FLORIDA

6300 StirlingRoad
l iollywood,Florida 33024

Telephone No.. (954) 967-3950

Attn: Tribal General Counsel
E-Mail: jimshore*semtribe,com

15
 BUILDER: LENNAR HOMES, LLC
99 SE Mizner Boulevard, Suite 120
Boca Raton, Florida 33432
[elephone No.: (561) 998-9200
Attn: Fred B, Rothman, Regional President
E-Mail: [Link]

Copy To: LENNAR CORPORATION

700 NW 107th Avenue - 41}-iFloor

Miami, Florida 33172

Attn: GeneralCounsel
E-Mail: mark,sustana@[Link]

Copy To: GREENBERG TRAURIG, P. A.

777 South FlaglerDrive, Suite 300 East
West Palm Beach, Florida 33401
Ielephone No.: (561) 650-7924
Attn: Laurie L. Gildan
E-Mail: (;ildaii[.(h:G-IL.a,;
.coin

or to ally other address hereafter designated by any of the parties, from time to time, in writing
and otherwise in the manner set forth herein for giving notice. The respectiveattorneys for STOF
and Builder are hereby authorized to give any notice pursuant to this Agreement on behalf of
their respective
clients.

ARTICLE XV]]
MISCELLANEOUS PROVISIONS.
Section 17.01 Insurance. Throughout the 7 erm of this Agreement, Builder shall

provide insurance as set torch on Exhibit L.

Section 17.02 Amendments. No amendment to this Agreement shall bind any of the
partiesunless and until such amendment is iii writingand executed by Builder and STOF.

Section 17.03 Entire Agreement. i his Agreement, together with any exhibits
attached, constitutes tile entire agreement between tlie partiesand no prior written documents,
and no prior or contemporary oral statements, representations,
promises, or understandings not
embodied in this Agreement shall be of any force or effect.

Section 17.04 Assignment, Neither Builder nor Sl OF may assign this Agreement,
except Builder shall have the rightto assignits rightsand/or obligationsin this Agreement to
that

any entitycontrolled by or under common control with Buyer, or to an entitywhich succeeds to

Buyer in any merger ot without recourse, whereupon Buyer
acquisition, shall be released from
its obligationshereunder.

Section 17.05 Interpretation. Captions and section headings contained in this

Agreement arc for convenience and reference only; in no way do they define, describe, extend or
limit the scope ol intent of this Agreement or any provision hereof. The terms and provisions o f

16
thisAgreement have been fullynegotiated between the partiesand each party has been afforded
the opportunity to engage, if such party desires, legal counsel to assist in the preparation,
negotiation,and draftingof this Agreement. Accordingly, the terms and provisions of this
for or againsteither STOF or Builder as the drafting
Agreement shall not be interpreted party.

Section 17.06 Representations, All representations,warranties and covenants set

forth hercin are material and of the essence to this Agreement.

Section 17.07 Waiver. No waiver of any provision of this Agreement shall be

effective unless it is in writingsigned by the party againstwhom it is asserted,and any waiver of
any provisionof thisAgreement shall be applicableonly specificinstance to which it is
to the
related and shall not be deemed to be a continuing or future waiver as to such provisionor a
waiver as to any other provision.

Section 17.08 Severabilily,The invalidityor unenforeeability of any provision of

this Agreement shall not
affect the other provisions hereof, and this
Agreement shall be
construed in all respects as if such invalid or unenforceable provisionwas omitted.

Section 17.09 Counterparts. This Agreement may be executed in one or more

but all of which shall constitute one and
counterparts, each ot which shall be deemed an oi igina],
the same Agreement. To facilitate execution and delivery of this Agreement, the partiesmay

execute and exchange executed counterparts by e-mail in a PDF file to the other party or to the
other party'scounsel. Signatures in a PDF file shall have the same legaleffect as original
signatures.

Section 17.10 Radon Gas. Iii compliance with §404.056, Florida Statutes,Builder is
following: RADON GAS IS A NATURALLY OCCURRING
hereby made aware of the
RADIOACTIVE GAS THAT, WHEN ]T HAS ACCUMULATED IN A BUILDING IN
SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE
EXPOSED TO 11' OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND
STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL
INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED
FROM YOUR COUNTY PU BLIC 1 IEALTH UN ]'1'.
WAIVER OF TRIAL BY JURY. BUILDER AND STOP HEREBY
Section 17.11
EXPRESSLY COVENANT AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN
CONNECTION WITH ANY LITIGATION OR JUDICIAL PROCEEDING RELATING TO,
DIRECTLY OR INDIRECTLY, OR CONCERNING THIS AGREEMENT OR THE
CONDUCT, OMISSION, ACTION, OBLIGATION, DUTY, RIGHT, BENEFIT, PRIVILEGE
OR LIABILITY OF A PARTY HEREUNDER TO THE FULL EXTENT PERMITTED BY
LAW. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN AND IS
KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY BUILDER AND
STOP. BUILDER AND STOF HAVE HAD AN OPPORTUNITY TO SEEK LEGAL
COUNSEL CONCERNING THIS WAIVER. l'IMS WAIVER IS INTENDED TO AND DOES
ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A
JURY TRIAL WOULD OTHERWISE ACCRUE. BUILDER AND STOF FURTHER
CERTIFY AND REPRESENT TO EACi-I OTHER THAT NO PARTY, REPRESENTATIVE

!7
OR AGENT OF BUILDER OR STOF (INCLUDING, BUT NOT LIM[TED TO, THEIR
RESPECTIVE COUNSEL) HAS REPRESENTED, EXPRESSLY OR OTHERWISE TO
BUILDER OR STOF OR TO ANY AGENT OR REPRESENTATIVE OF BUILDER OR STOF
(INCLU[)ING, BUT NO1 LIMITED TO, TI IEIR RESPECTIVE COUNSEL) THAT THEY
WILL NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL. THIS
WAIVER SHA[.L APPL.Y TO THIS AGREEMEN1 AND ANY FUTURE AMENDMENTS,
[Link]]iNTS OR MODIFICATIONS OF THIS AGREEMENT.

18
 IN WITNESS WHEREOF, the partieshereto have executed this Agreement as of the
l-iflbctiveDate.

LENNAR HOMES,LLC, a Florida limited

guapauy
liability

IC I-
By:
EIDKMNESEY--
PiinIME.'L.-555249
Title:' VirzcEAet320ENT
Print Name: Date: ,2019

WITNESSES: SEMINOLETRIBE OF FLORIDA

By: NfQuu?LQ
/ M.'Game:
Plint
Title:
Name:-MARCELLUS
CHAIRMAN
W. OSCEOLA, JR

Ph?iJibph
.Y [Link]/4
Uo119
-

Namdf
Print Date: , 2019

19
 EXHIBIT A

Depictionof Tribal Lands

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Depiction of Tribal Residential Lands

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 EXHIBIT C

Tribal Authorizing Resolution

 EXHIBIT D

Approved Consultants
A-1 R-Tnmes Ud
H,/.
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M?--m-
772-*CB-1010 4451 St Lude
CN,
TortMvce FL
n
34946 1 2.-Il,-

ABC Ck-1 Corp .ke&*. 95*584-7278 5447 MWZ-St n

SS'$Zlt?oet,
Ab*. q,ctrk Corp. =295 1602 MI?
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Marlanela Rn/"9'"= 20?[MSW 133Ave FL 33177
AC Q/* Oimk UC C-Sorili FL 4 33065
Aoc-$ Fe-? O-r 0. To,r.. 786-251-0315 lOBSE/H28 Snel ?/

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A,9*IM?Ce Pcst Rekkd Se S?9-77I7
30M*0141
HA,-t,n Do?l ? Luis Torrnns

ABertn /Rdl/B,ez I 8155 N'W 93 Sce Mmaml L?R. 33186

All Dade Fence. Inc znow /Zth st ? 33016
S61-# * -Aven-Sto
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ARPh#t Rg/4 1 L'fi= FL 334g
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Amerk/,1 St?i:S J.m.M,G.. 1 772rZBG-2?
Arnold J. eectrk Ir,c. Arnold De!:?lo 73GaS*n 4GCM SV, 199 Awe

= 17====-
Arnold 0*idoJR 7*251-290
-/.-.u Ft/.&O./Ient/Clp
05& Gasl & Mr,/ [Link] lr,c ?auel
M/,/,di
MM
Marlale Vaides 305-221-all.
305-216-1864
305-2164981
1111 Uneln Ad
13275 SW 136St
Mlrl Beach
MIam! a

-
*$?n*o Henrliuez REZZZ?IWS,B*hT, n 33143
Avwtaf el,IIHII,-o S florida K?,neth Nls#co ????51 1212 NE gl Stre Miami FL 33138 [Link],,
Be,ond W?O?IAEUC Monica Perez pembz* Pt-wes g G Ui '
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BW Ptui*i<Co. Latns 3[54!21-ZBSIO

Drkd< F'I?Grc?m Inc J- Femmdei 305-5&4-a,0 350 w P.& Drhr FL
DroeenG,r- D"& Gate John OeMarc:, 954-*65555

gmwmm
C?,-er CZ-?cko?5.f A,refkc-
1#?= Ua-
561.7*1840
3?B-216-2121
853-2544-9
122*1
3900
5.?r

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132 Ck Miami
V?r?I'*'..,
1 Fl 33116
33880
r7T7?????'?mC?
2-tl. *. Jm? k
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H-ard Sle//1 R 9-4'90 -3EM-s '*rt FL

Car- Aa Co?ol REMA Ah== 305822-1551 2651 W 7*m S:eel FZ =,16 / ? com
[Link]
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Em?n,e Ca?r???
39.48'CZRL-
30%225*SAD
a-ic Cift:t?d Mi,bli Inc -emh htel 561--B-4635 8300 Cunmc, D WeKP,lmeed, R. ?[Link].2&
[Link]----,--#Coh. E-L,QE=St???tefT,
4?-, -14,11.,
Olstom Oa*hrc
G/Rior A Gcn- EZ,ZIB,Z4--H,ls<cun
3*46?487
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Cooperae,
FL

Oaaelhm, k?= -*
Roberto?,i@r
306?924245 Bel NN 74 A- n
Decorg USAP*rrt- -Gt-?n 305-345-8aZS
L- AM Pl,4 CI*W -'-ljRR)

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Doie [Link] Co. k,t Sue Reame, I 30#***700 ,=,Wiuct M,der
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Robe?t 30&-216-5251
Mloe 772-216?C2*G

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JO.p.= 36970-6656 9334 NW13 Sr#18

4/8/2019 353 PN S:Uand Acqu c,4 Deakt Wider Rr.4e-UernindeT,lbr of Morlda\Vendk/Us*AH Vendor Ust 4119.?*ig
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 EXHIBIT E

Form of Consultant Contract

GENERAL AGREEMENT FOR CONSULTANT SERVICES

NO.

BETWEEN
"BUILDER',,
[Link] Builder Name Here
Address Here
City,State, Zip Here
Phone Number Here
Fax Number Here

AND
6G
CONSULTANT"
Company Name Here
Address Here
City, State, Zip Here
Phone Number Here
Fax Number Here
State License Number Here

30185.0033
GM:40039641:2
 ProjectName Here]
[Insert
Type of Work Here]
[Insert
General Agreement for Consultant Services

Consultant:
Contract No.:
Rel Cost Center
CSI Code# Description Of Services UOM $/Unit Qty Extended $'s

LS $
LS $

Contract Total S

Date:

DISPUTE RESOLUTION. CONSULTANT IS ADVISED THAT THIS

AGREEMENT REQUIRES CERTAIN DISPUTES BE RESOLVED BY ARBITRATION,
AS MORE SPECIFICALLY SET FORTH IN SECTION 21 HEREIN.

This General Agreement for Consultant Services ("Agreement") is entered into by and
between [Insert Lennar Builder's Name], a . , located at [Insert Lennar
Builder's Address], CBuilder") and [Insert Consultant's Name], a
located at [insert Consultant's Address] ("Consultant") and shall govern any and all services

performed by Consultant with regard to the Services (defined below) described in Exhibit "A,"
and any future engagements between Consultant and Builder, to be added to this Agreement
from time to time. Builder and Consultant are individuallyor collectivelyreferred to as a
"Party"or the "Parties." Builder and Consultant hereby aglee as follows:

1. General Description of Serviggj. The services to be performed by Consultant

,,
("Services") are described in the Summary Sheet attached as Exhibit "A, which specifiesthe
development project with respect to which Services are to be performed ("Project"); the exact
nature and type of Services required;the compensation to be paid for such Services; the manner
of payment of Consultant's Compensation; the specific time periods or dates upon which
Services must be completed, includingwithout limitation, start up and completion dates, dates of
inspections,conferences or meetings; and any other additional information deemed necessary by
Builder. A
more detailed descriptionof Consultant's Scope of Work is attached hereto as
Exhgbit ?68." The Projectis located on property titled in the name of the United States of
America in trust for the benefit and use of the Seminole Tribe of Florida, a FederallyRecognized
Indian Tribe Under 25 U.S.C. §476 (herein referred to as "STOF"). Consultant agrees, warrants,
and represents that it shall perform such Services requiredhereunder in accordance with the
terms of this Agreement and, in connection therewith, shall render its professionalopinions and
advice and exercise its professionaljudgment commensurate with the best and highest standards
of care and practice for licensed consultants performingsimilar services on projectsof like size,
scope and complexity located in the metropolitan area described on Exhibit A hereto (the
"Standard of Care").

All Slates-Consultant Agnit (v.4-12-2018)

2
30185.0033
GM:40039641 :2
 2. Addition/Modification of Services, The Services are nor subjectto modification
or addition unless Consultant obtains a written approval of the modification/addition signed by
Builder ("Change Order"). The contents of a wi itten Change Order shall include at a minimum
allof the following: (a) a description of the particular
modification/addition to the Services; (b)
the amount of any change in Consultant's Compensation (as defined below) resultingfrom the
modification/addition; (c) any revisions in commencement, completion or deliverydates, if any,
resultingfrom the modification; and (d) Builder's dated [Link] shall not perform
any modification/addition to the Services or incur any "Reimbursable Expenses" (as defined
herein) with respect to such modification/addition until Consultant obtains a signed Change
Order for such modification/addition. Notwithstanding the foregoing,a deduetive Change Order
by Builder shall be effective upon signatureby Builder and delivery to Consultant.

3 Term of Agreement. The term of this Agreement shall commence on the date this

Agreement and Exhibit "A" by Consultant and Builder, and shall continue in effect
are executed
until the date ("Termination is the first to occur of the following:(a) the date on
Date") which
which performance of the Services has been completed in accordance with this Agreement, or
(b) the tenth (10th) calendar day after Consultant receives a written notice from Builder
("Termination Notice") terminatingthis Agreement, which termination may be with or without
cause. If Builder terminates this Agreement without cause, Consultant shall be paid for all
Services rendered in accordance with the terms of this Agreement up to the Termination Date.

Compensation, With the exception of the "Reimbursable Expenses" described

4.

below, and except as otherwise provided in any Change Order signed by Builder, Consultant
,,
shall be compensated ("Consultant's Compensation") on the basis specifiedin Exhibit "A.'

Except as otherwise provided in Exhibit "A" or any Change Order signed by Builder,
Consultant's Compensation shall be paid monthly. If Consultant's compensation is determined
on an hourly basis, then monthly payments shall be based on the number of consulting hours
provided by Consultant for that month, times the specifiedhourly rate. Consultant shall provide
Builder's accounting personnel with documentation, acceptable to Builder, reflectingthe number
of consulting hours or other relevant billinginformation for any month, which information shall

be provided in a manner and at times specifiedby Builder from time to time. Consultant
acknowledges and agrees that Consultant's failure to provide time and billinginformation,
includinglien waivers and releases as requested by Builder, in a prompt manner and in the form
required by Builder may result in a delay in the payment of Consultant's Compensation and
or responsibilityto Consultant for such
Consultant agrees that Builder shall have no liability
delays in payment of Consultant's [Link], Consultant acknowledges that Builder
utilizes the SupplyPro@ scheduling system. Consultant agrees to subscribe to and to utilize

SupplyPro@ to send, receive and respond to notices and documents, and to use the same to
initiate requests for payment. Atl costs of subscribing and maintainingSupplyPro@
to, utilizing,
for the Consultant shall be borne by Consultant. Consultant shall keep the Projectfree and clear
of any liens,debt, or bond claims of any kind whatsoever related to Consultant's Services, except
to the extent the same arise from failure of Builder to pay undisputed sums owed to Consultant

("Lien or Bond Claim"). In the event a Lien or Bond Claim is filed or threatened to be filed by
any Lien Claimant, Consultant shall, at Builder's sole election, immediately settle and resolve
such claim and obtain a full waiver and release of the Lien or Bond Claim from the lien claimant,
or provide a statutory bond acceptableto Builder that will bond around or dischargesuch Lien or
Bond Claim. Should Consultant fail to do so within two (2) business days, in addition to all.

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other rights,Builder may, without additional notice to Consultant, (A) settle,bond or discharge
the Lien or Bond Claim in any manner Builder deems appropriate, and charge the costs thereof
to Consultant, and/or (B) withhold further payments to Consultant under this Agreement or
otherwise until Consultant has complied with its obligationsherein. Nothing contained in the
Agreement (except for lien waivers duly signed and acknowledged) shall restrict or limit
Consultant's statutory rightto file and record liens or stop notices for non-payment, if any, and
notwithstanding any provision to the contrary, Consultant may take all steps reasonably
necessary to preserve its lien and bond rightsas permittedby law.

AT BUILDER'S ELECTION, CONSULTANT AGREES TO BE PAID ELECTRONICALLY

BY BUILDER, EITHER THROUGH ITS ePAYABLES PROGRAM TF CONSULTANT
CURRENTLY HAS A MERCHANT ID OR THE ACH CREDIT PROGRAM. WITH
RESPECT TO THE ePAYABLES PROGRAM, CONSULTANT AGREES TO ENROLL IN
BUILDER'S ePAYABLES PROGRAM, A GHOST CREDIT CARD PROGRAM OFFERED
THROUGH BANK OF AMERICA OR ANY OTHER PROVIDER SELECTED BY BUILDER,
AND TO ACCEPT PAYMENT FROM BUILDER THROUGH SUCH PROGRAM.
CONSULTANT FURTHER AGREES THAT 1T WILL NOT CHARGE BACK OR PASS
THROUGH TO BUILDER ANY MISCELLANEOUS AND/OR CONVENIENCE FEES AS A
RESULT OF ACCEPTING PAYMENTS VIA THE METHOD. WrrH RESPECT TO THE
ACH PROGRAM, CONSULTANT AGREES TO ENROLL USING THE ACH CREDIT
PROGRAM OFFERED THROUGH WESTERN UNION, OR ANY OTHER PROVIDER
SELECTED BY BUILDER, AND TO ACCEPT PAYMENT FROM BUILDER VIA ACH
CREDITS TO THE CONSULTANT'S BANK ACCOUNT INDICATED BY CONSULTANT
ON THE WESTERN UNION SITE.
5. Reimbursable Costs. Compensation, Builder shall
In addition to Consultant's
reimburse Consultant the actual cost of reasonable expenses incurred by Consultant, solelyin
connection with Consultant's performance of the Services, which expenses are authorized by
Builder herein or in any Change Order signed by Builder C'Reimbursable Expenses").
Consultant shall provide to Builder an itemization of all Reimbursable Expenses in the time and
in the manner specifiedin Exhibit "A" or the applicable Change Order signed by Builder. Such
itemization shall include supporting receiptsand invoices if requested by Builder. Reimbursable

Expenses shall include reasonable costs of food, travel,lodging,supplies, materials, publications

and other items authorized by Builder in Exhibit "A" or the applicableChange Order signed by
Builder, providedsuch costs or expenses are incurred by Consultant solelyin performanceof the
Services. Consultant shall advise Builder,
in writing,prior to incurring any expense or cost
which would Consultant exceeding the amount specified
result in for such line item expense or

cost, or otherwise exceeding the amount of Reimbursable Expenses authorized in the aggregate
as set forth in Exhlkit "A" or the applicableChange Order signed by Builder ("Extraordinary
Reimbursable Expenses"). Consultant shall only be reimbursed for Extraordinary Reimbursable
Expenses if authorized in writingby Builder.

INDEPENUENT CONTRACTOR STATUS.

6. IN PROVIDING THE
SERVICES, CONSULTANT IS ACTING AS AN INDEPENDENT CONTRACTOR AND
THIS AGREEMENT IS NOT INTENDED TO, NOR DOES IT, CREATE ANY
EMPLOYER-EMPLOYEE RELATIONSHIP, NOR SHALL IT BE CONSTRUED AS
CREATING ANY JOINT VENTURE OR PARTNERSHIP BETWEEN BUILDER AND
CONSULTANT. CONSULTANT IS SOLELY RESPONSIBLE FOR, AND SHALL
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TAKE ALL NECESSARY ACTIONS FOR, DIRECTING, CONTROLLING AND
SUPERVISING ITS EMPLOYEES, AND PERFORMING ALL ADMINISTRATIVE
FUNCTIONS FOR ITS EMPLOYEES, INCLUDING SUPPLYING WORKERS'
COMPENSATION INSURANCE AND PROVIDING NECESSARY FACILITIES,
SAFETY EQUIPMENT, TOOLS AND MATERIALS.
7, Tax Reporting, Consultant shall be responsiblefor all applicable federal, state
and other taxes related to Consultant's Compensation and Builder shall not withhold or pay any
such taxes on behalf of Consultant, including,without limitation, federal, state and other local
income taxes and social [Link] Consultant is actingsolelyas an independentcontractor
under this Agreement, Consultant shall not be entitled to insurance, incentive pay, or other
benefits normally providedby Builder to its employees.

8. Ownership of Work Produqc Builder's Works.

8.1 Work Product. lt is understood and agreed that any product,includingbut

not limited to
reports, studies, letters, maps, diagrams, drawings, plans, schematics,
investigations,permits,applications, materials, publications,supplies or other items of any kind
preparedby Consultant in the course of performing the Services ("Work Product") are for the
sole and exclusive use of Builder or STOP, and that Builder or STOF shall be deemed to be the
sole and exclusive owners of all the intellectual property rightsthereto. Upon payment by
Builder of al[
undisputed fees and
rights,title,and interest in and to the intellectual
costs, all

property rightsto tile Work Product, includingbut not limited to the copyrightsthereto, shall be
assigned to and shall be the sole property of Builder or STOF and, upon termination of this
Agreement, all of such Work
Product (not previouslydelivered to Builder),shall be delivered to
Builder on behalf of additional changes or modifications to the Work Product shall
STOF. Any
likewise become the sole property of STOP. Consultant represents that it is the sole owner of the
Work Product copyrights and that the agent signing this Agreement on behalf of Consultant is
authorized to transfer exclusive copyrightownership to Builder or STOF. Consultant further

represents that the Work Product is an originalcreation for Builder or STOF. Any modification
to,or reuse of, the Work Product, other than in connection with the Project,by Builder or STOF
without the written consent of Consultant shall be at the sole risk of Builder or STOF as
applicable.

8.2 Builder's Works.

In the course of Consultant's employment hereunder,
Builder may furnish
plans,materials, drawings,research, prototypes or other design materials or
intellectual property belonging to Builder C'Builder's Works"). Builder's Works and all

copyrightinterests thereto are now and, regardless of any work performed on Builder's Works
by Consultant, shall remain the sole property of Builder. Consultant has no legalor copyright
interest in all or any portionof Builder's Works, and any interest in them which Consultant may

acquire is hereby assigned to Builder. Consultant has no rightto use, copy, alter,distribute, or
modify Builder's Works after the termination of this Agreement.

8.3 Additional TermB Governing Work Product and Builder's Works. Neither
Consultant nor employees or agents will distribute,copy or otherwise use any of the Work
its

Product or Builder's Works without Builder's express written consent. Consultant will promptly
deliver originalsand copiesof the Work Product and Builder's Works at the termination of
all

this Agreement or upon Builder's request, As to both the Work Product and Builder's Works,

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Builder shall have the rightto copy, distribute and utilize such works on an unlimited basis to its

divisions and affiliates,in any location, without the payment of any additional fee. Upon
request, Consultant will deliver the CAD
files (or to the extent they are utilized, the mylars)

pertaining to any of the Work Product or Builder's Works.

9. Confidentiality,Consultant acknowledges and understands that all information

relating inany way to Builder or its business or affairs, whether written or oral, obtained by
Consultant in connection with the Services and any information regardingthe nature and extent
of the Services ("Confidential Information'1),shall, unless otherwise specifiedby Builder in
writing,be deemed confidential. Furthermore, any Work Product created hereunder, or any
Builder Works disclosed hereunder, shall be considered Confidential Information. Consultant
agrees and acknowledges that the Confidential Information shall at all times be the sole and
absolute property of Builder and no license or other rightsto the Confidential Information is
granted or implied hereby. Consultant further acknowledges and understands that Consultant's
unauthorized disclosure of any Confidential Information would be extremely prejudicia]to
Builder. Therefore, Consultant shall not disclose to any person or entity any Confidential
Information unless such disclosure is authoiized in writingby Builder. If Consultant discloses or
threatens to disclose Confidential Information in violation of its obligationsunder this Section 9,
Builder sha]I be entitled to temporary or permanent injunctive the disclosure of
relief prohibiting
such Confidential Information. Consultant may share Confidential Information with
subconsultants who are bound by
similarly this provision. If Consultant
confidentiality is served
with any subpoena or other legal process seeking the compelled disclosure of Builder' S
Confidential Information, Consultant shall notifyBuilder within twenty-four (24) hours after
Consultant's receiptof such legal process. Builder may, in its sole and absolute discretion and at
Builder's sole expense, contest the disclosure of such Confidential Information sought under
such legal process, Only after a final order of a court of competent jurisdiction requiringthe
disclosure of such Confidential Information may Consultant disclose such Confidential
Information as requiredby law. This prohibition of disclosure of Confidential Information shall
survive the termination of this Agreement. Consultant hereby agrees to indemnify, defend and
hold Builder and its affiliates,partners, employees and agents harmless from any and all loss,
damage or liabilitywhich results from or arises in connection with Consultant's breach of its
under
obligations this Section 9. Nothing in this section shall be construed to negate, abridge or
otherwise reduce any rightsof Builder under contract or statute.

10. Exclusive Services. During the term of

Agreement, Consultant agrees to act
this

oniy as a consultant to Builder in connection with the subject matter of the Services, and
Consultant shall not be engaged by or perform Services for any other individual, entity,or group
in connection with the subjectmatter of the Services, without the written approvalof Builder.

i 1. Pmbibited Activities.

Subject to the provisionsof Section 16 hereof, neither Consultant nor any

11.1

shall,without specificwritten authorization of Builder:

Consultant Representative

Commiisions. Give or receive any commission, fee, rebate, giftor

(a)
entertainment of significant in connection with or as a result
cost or value to any person or entity
of the execution of this Agreement or Consultant's Services provided hereunder;

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 Business Dealings with Affiliates.
ib) Enter into any business

arrangement with any partner or employee of Builder, or any affiliate of same other than as a
of Builder or such affiliate in accordance with this Agreement and with the prior
representative
written approvalof Builder;

(c) Gratuities. Make any payment

or give or promise anything of
value, to any government or quasi-government official,including without limitation any officer
or employee of any government department, agency, governing body, board, commission, or
instrumentality,to influence any decision, includingany decision to award a contract, obtain an

entitlement, or to gain any other advantage for Builder or Consultant; or

(d) Conniel of Interest. Engage in any employment or enter into any

contract or agreement which conflicts with Consultant's obligationsunder this Agreement, or,
either individuallyor in association with any other individual or entity,acquireproperty or rights
to acquire property; perform services or engage in any activities which will either directly or

indirectlyconflict or compete with Builder's business(es) or interests.

Consultant agrees to notifyBuilder immediately of any violation of this

11.2
Section 11. In the event of a violation of Subsection 11.1(a) above, Consultant shall pay to
Builder any and all amounts received by Consultant or any other individual or entitydescribed
above in violation of Subsection 1 i,1(a),however, such payment shall not limit, or operate as a
waiver of, any other legalor equitablerightswhich Builder may have againstConsultant at law,
in equity, or under this Agreement, including without limitation, the right to seek punitive
damages for such violation.

11.3 Builder shall be entitled to all available remedies at law or in equity for
breach of this Section 11, including,but not limited to rescission, actual and/or consequential
damages.

Builder's Initials Consultant's Initials

12. INDEMNIFICATION.

TO THE FULLEST EXTENT PERMITTED BY LAW,

12.1
CONSULTANT FOR ITS OWN ACTS OR FAILURE TO ACT, AND IN
CONSIDERATION OF THE SUM OF ONE HUNDRED DOLLARS ($100.00),WHICH
SUM IS INCLUDED IN THE PRICE(S) ESTABLISHED UNDER THIS AGREEMENT,
THE ADEQUACY AND RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, AND
FOR THOSE OF ITS AGENTS, EMPLOYEES, SUPPLIERS, SUBCONSULTANTS,
SUBCONTRACTORS AND SUB-SUBCONTRACTORS (INCLUDING THOSE
EMPLOYED DIRECTLY OR INDIRECTLY BY SUCH AGENTS, EMPLOYEES,
SUPPLIERS, SUBCONSULTANTS, SUBCONTRACTORS AND SUB.
SUBCONTRACTORS) (COLLECTIVELY, THE CONSULTANT 'G,

AH States-Consultant Agmt (v.4- 12-201 R) 7

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GM:40039641:2
REPRESENTATIVES"), SHALL INDEMNIFY, DEFEND, PROTECT AND HOLD
HARMLESS BUILDER, STOF, ALL SUBSIDIARY OR AFFILIATED COMPANIES OF
BUILDER OR STOF AND ALL OF SUCH PARTIES' REPRESENTATIVES,
PARTNERS, STOCKHOLDERS, DESIGNEES, OFFICERS, DIRECTORS,
CONTRACTORS, AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, AND BUILDER'S
LENDER(S) (COLLECTIVELY THE "INDEMNIFIED PARTIES"), FROM ANY AND
ALL LOSSES, COSTS, EXPENSES, REASONABLE ATTORNEYS' FEES AND OTHER
COSTS OF DEFENSE INCURRED IN DEFENDING AGAINST ANY CLAIM(S) OR IN
ENFORCING THIS INDEMNITY AND DEFENSE OBLIGATION, LIABILITIES,
CLAIMS, COURT COSTS, DEMANDS, DEBTS, CAUSES OF ACTION, FINES,
JUDGMENTS AND PENALTIES (COLLECTIVELY, "1'LIABILITY") WHICH MAY
ARISE FROM OR RELATE TO: (A) DEATH OR INJURY TO PEOPLE OR DAMAGE
OR INJURY TO PROPERTY IN CONNECTION WITH THE PERFORMANCE OF
THE SERVICES; (B) THE NEGLIGENT ACTS, ERRORS OR OMISSIONS OF
CONSULTANT OR ANY CONSULTANT REPRESENTATIVE IN CONNECTION
WITH THE PERFORMANCE OF THE SERVICES; (C) ANY AND ALL LIENS, STOP
NOTICES AND CHARGES OF ANY TYPE, NATURE, KIND OR DESCRIPTION
WHICH MAY AT ANY TIME BE FILED OR CLAIMED AGAINST STOF, THE SITE
OF THE COMMUNITY OR ANY PORTION THEREOF, OR THE BUILDER OR THE
BUILDER'S LENDER (EXCEPT WHEN SUCH LIENS OR STOP NOTICES ARE
CAUSED BY BUILDER'S DEFAULT IN ITS OBLIGATION TO PAY CONSULTANT
PURSUANT TO THE PROVISIONS OF THIS AGREEMENT) IN CONNECTION WITH
PERFORMANCE OF THE SERVICES; (D) ANY CLAIM(S) UNDER WORKERS'
COMPENSATION ACTS, DISABILITY BENEFITS ACTS, AND OTHER EMPLOYEE
BENEFIT ACTS, (PROVIDED, HOWEVER, THE INDEMNITY AND DEFENSE
OBLIGATION HEREUNDER SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE UNDER SUCH ACTS); (E) CONSULTANT'S FAILURE TO FULFILL ITS
OBLIGATIONS UNDER THIS AGREEMENT IN STRICT ACCORDANCE WITH ITS
TERMS, INCLUDING CONSULTANT'S BREACH OF ANY REPRESENTATIONS OR
COVENANTS GIVEN IN THIS AGREEMENT OR ELSEWHERE BY CONSULTANT;
(F) VIOLATION OF ANY LOCAL, STATE OR FEDERAL LAW, REGULATION OR
CODE; (G) INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR
VIOLATION OF TRADE SECRET OR OTHER PROPRIETARY RIGHT, IN
CONNECTION WITH PERFORMANCE OF THE SERVICES; OR (H) THE FAILURE
OF CONSULTANT OR CONSULTANT'S REPRESENTATIVES TO PAY IN FULL
ALL OBLIGATIONS TO ANY WAGE CLAIMANT, ANY STATE AGENCY, OR ANY
EMPLOYEE BENEFIT TRUST FUND.
12.2 IN THE EVENT AN INDEMNIFIED PARTY INCURS
LIABILITY BY REASON OF STRICT LIABILITY, OR A SIMILAR LEGAL THEORY,
CONSULTANT SHALL, NONETHELESS, INDEMNIFY, PROTECT AND HOLD
EACH INDEMNIFIED PARTY HARMLESS FROM SUCH PORTION OF SUCH
LIABILITY THAT, DIRECTLY OR INDIRECTLY, RELATES TO CONSULTANT OR
ONE OR MORE CONSULTANT REPRESENTATIVES OR OTHERS FOR WHOSE
NEGLIGENT ACTS THEY MAY BE LIABLE OR ANY OR ALL OF THEM.

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PAYMENT TO CONSULTANT BY ANY INDEMNIFIED PARTY SHALL NOT BE A
CONDITION PRECEDENT TO ENFORCING SUCH PARTY'S RIGHTS TO
INDEMNIFICATION. THE OBLIGATIONS UNDER THIS SECTION 12 SHALL
SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NOTHING IN
THIS SECTION 12 SHALL BE CONSTRUED TO NEGATE, ABRIDGE OR
OTHERWISE REDUCE ANY OTHER RIGHT OR OBLIGATION OF INDEMNITY
(INCLUDING, WITHOUT LIMITATION, EQUITABLE INDEMNITY) WHICH
WOULD OTHERWISE EXIST AS TO THE INDEMNIFIED PARTIES. IN NO EVENT
SHALL THIS PROVISION BE INTERPRETED TO PROVIDE INDEMNITY TO A
GREATER EXTENT THAN PERMITTED BY GOVERNING LAW.
12.3 CONSULTANT SHALL, AT ITS EXPENSE, ASSUME THE
DEFENSE OF THE INDEMNIFIED PARTIES, OR ANY OF THEM, AND SHALL
CONDUCT SUCH DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH
COUNSEL SELECTED BY BUILDER. NEITHER THE INDEMNITY OBLIGATIONS
UNDER THIS SECTION, NOR ANY COMMON LAW AND/OR STATUTORY
CONTRIBUTION RIGHTS OR OTHER RIGHTS OF BUILDER OR ANY
INDEMNIFIED PARTY, SHALL BE LIMITED IN ANY WAY BY ANY LIMITATION
ON THE AMOUNT OR TYPE OF DAMAGE, COMPENSATION, OR BENEFITS
PAYABLE BY OR FOR THE CONSULTANT OR BUILDER UNDER INSURANCE
POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR
OTHER EMPLOYEE BENEFIT ACTS. THIS PROVISION IS SEPARATE AND
DISTINCT FROM, AND IN ADDITION TO, ANY OTHER PROVISION OR SECTION
IN THIS AGREEMENT, INCLUDING ANY PROVISION OR SECTION CONCERNING
INDEMNIFICATION AND PROCUREMENT OF INSURANCE. EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, IT IS THE SPECIFIC INTENT OF THIS
INDEMNITY THAT THE CONSULTANT IS INDEMNIFYING THE INDEMNIFIED
PARTIES FROM ACTS OF NEGLIGENCE OF INDEMNIFIED PARTIES.
CONSULTANT EXPRESSLY WAIVES ANY RIGHT OF SUBROGATION THAT IT OR
ITS INSURERS MAY HAVE AGAINST THE INDEMNIFIED PARTIES OR ANY OF
THEM. THESE INDEMNITY OBLIGATIONS ARE SEPARATE AND DISTINCT
FROM CONSULTANT'S OR ITS INSURER'S WAIVER OF SUBROGATION RIGHTS
AGAINST THE INDEMNIFIED PARTIES.
12.4 NOTWITHSTANDING THE FOREGOING, CONSULTANT
SHALL NOT BE OBLIGATED TO INDEMNIFY AN INDEMNIFIED PARTY TO THE
EXTENT SUCH LIABILITY IS DETERMINED BY A COURT OR ARBITER OF
COMPETENT JURISDICTION TO HAVE BEEN CAUSED BY THE SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNIFIED PARTY, ITS
AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, INDEMNITEES, OTHER
INDEPENDENT CONTRACTORS DIRECTLY RESPONSIBLE TO SUCH
INDEMNIFIED PARTY, OR THIRD PARTIES UNDER THE CONTROL OR
SUPERVISION OF SUCH INDEMNIFIED PARTY.
13, Insurance. Neither Consultant nor any of its Consultant Representatives shall
commence any Services until such time as Builder has received, reviewed, and approved
evidence satisfactoryto Builder that all insurance as required in Exhibit "C" has been obtained
by such partiesand that such insurance is in form and substance satisfactoryto Builder. Without

All States-Consultant Agmt (v.442-2018) 9

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in any way limitingConsultant's obligationsunder Section 12, Consultant shall,during the term
of insurance requiredand all insurance certificates and
of this Agreement, maintain the policies
endorsements must be in compliance priorto payment of invoices. However, Builder's failure to
receive, review or approve evidence of insurance prior to the commencement of Services shall
not bc deemed a waiver by Builder of the insurance requirementsof the Agreement. Consultant
shall also obtain from any such subconsuttant, subcontractor, or sub-subcontractor an
indemnification in form and substance identical to the indemnity set forth in Section 12 above,
with the modification that such indemnity be from the subconsultant, subcontractor or sub-
designatedin Section 12 above.
subcontractor for the benefit of the parties

14. Personal Obligations. Consultant agrees that the nature of the Services and
Consultant's obligationshereunder are personal,and that Consultant may, therefore, not assign
or delegate its obligationshereunder without the written approval of Builder, which approval
Builder may withhold for any reason, whether or not reasonable. Further, to the fullest extent
permittedby law, Consultant shall not assignany rightor claim for payment from Builder or any
right to perfecta lien againstthe Property to any third person. Any assignment or attempted
assignment shall be unenforceable againstBuilder, and shall be deemed a material default of this
Agreement, Builder shall be entitled to delegateits obligationshereunder and assign the benefit
of this Agreement, including,without limitation, all rights under Section 8, above. Consultant
shall include substantiallyidentical language to this Section in any contract with any

subcontractor, sub-subcontractor, subconsultant, or supplier.

[Link] of Records. Consultant agrees that, as a material consideration for

Builder entering into this Agreement, Consultant shall maintain adequate accounting and
financial records related to Consultant's Compensation and the Reimbursable Expenses with

respect to Consultant's providingthe Services, and shall retain those financial records for a
period of (5) years from the date of completion of the Services or other termination
at least five
of this Agreement, and to maintain adequaterecords relating to Consultant's performance of the

Services, including copies of all Work Product, and shall retain those professionalservice
of the longestperiodof limitations for latent construction
records until the later of the expiration
defects affectingthe Project in any manner or one (1) year after the entry of any final, non-

appealable judgment of a court of competent jurisdiction, includingappellatelevel courts, with

respect to the latest concluded litigationrelating to latent construction defects affectingthe
Project. Builder may audit any and all such records of Consultant and its subcontractors after
reasonable written notice.

16. or Events. Because Builder appreciates

Customer-Apgreciation-Gifts the efforts
of its Consultants and their employees, Builder periodicallygives its Consultants and
Consultants' employees customary and nominal tokens of its appreciation, such as, without
limitation, logo and non-logo apparel,rounds of golf, spa days, meals, materials and other
"customer appreciation" giftsor outings. Consultant acknowledges and agrees that Builder's
giving such tokens of appreciationto Consultant or Consultant's employees is customary in the
..
industryand does not constitute an attempt to improperlyinfluence Consultant or Consultant S
employees and does not and will not give rise to any claims for civil or criminal misconduct.
Builder fully understands that as a consequence of accepting any tokens of appreciationfrom
Builder, Consultant or Consultant's employees will be under no obligationto Builder other than
those contained in this Agreement. In order to ensure that Consultant is aware of this practice,
Consultant expressly agrees that Builder may, at Builder's sole discretion, without any

AH States-Consulmn[ Agmt (v.4-12-2018)

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obligationon the part of Builder and without furthernotice to Consultant, provide similar tokens
of appreciation to Consultant or Consultant's employees without the need to obtain additional
written or verbal consent from Consultant.

17. Compliance with Law. Consultant agrees to comply with

all applicablefederal,

state and local laws, rules, regulations oi orders,

including, without limitation, regulationsor
laws regarding nondiscrimination and equal employment opportunity,affirmative action for
handicapped workers, veterans and disabled veterans.

18. Storm Water Compliance. Consultant shall comply with Builder's Storm Water
Pollution Prevention Plan ("SWPPP"), applicablestorm water permit ("Permit") and Builder's
Storm Water Compliance Guidelines ("Guidelines"). Consultant shall implement the Best
Management Practices ("BMPs"), set forth in the SWPPP, for any Services that it performs on
the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction
office. Builder shall be entitled to recover from Consultant all fines, fees, expenses and other
penaltiesassessed by any governmental body due to Consultant's violation of the Permit or its

CONSULTANT SPECIFICALLY HEREBY AGREES TO INDEMNIFY,

obligationsherein.
DEFEND AND HOLD HARMLESS BUILDER FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, ATTORNEYS' FEES, EXPENSES, OR LIABILITIES OF ANY TYPE
OR NATURE, INCLUDING WITHOUT LIMITAT[ON, ANY AND ALL FINES OR OTHER
PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLAT[ON OF THE
PERMIT OR ANY OF CONSULTANT'S OBLIGATIONS HEREIN TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, AS SET FORTH IN SECTION 12 ABOVE. Consultant
acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit
constitutes a material default of its contraclual obligationsherein, and Builder may, without

prejudice to any other right or remedy, remove Consultant from the Project, terminate this
Agreement, and retain a separate consultant to complete Consultant's obligationsarisingunder
this Agreement (the "Completion Consultant").

19. Notices, Any notice, demand or statement required or permitted under this
Agreement shall be given in writingeither by personal delivery,by telecommunicated facsimile,
or by depositingsuch notice in the United States mail, certified, with return receiptrequested,
postage prepaidand addressed as follows:

CONSULTANT: [Insert Consultant Name and Address]

Attention:

Telephone:
Fax No:

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 BUILDER: [Insert Lennar Builder Name and Address]

Attention:

Telephone:
Fax No:

Either Party may, by written notice to the other, designate a different address
which shall be substituted for the one specifiedabove. Each notice, document or other
communication requiredor permittedunder this Agreement shall be deemed delivered (a) on the
date delivered if by personaldelivery, (b) on the date of transmission with confirmed answer
back if by facsimile telecommunication, and (c) if sent by certified mail, two (2) business days
followingthe depositof such notice in the United States mail in the manner specifiedabove.

20. Severqbility. If any provision of this Agreement is determined to be invalid or

otherwise ineffective,
the remaining provisions of this Agreement shall remain in full force and
effect.

21. Dispute Resolution. [f Builder is involved in or becomes involved in litigation,

arbitration, or other alternative disputeresolution procedure ("ADR") with a third party and
arbitration,or other ADR,
Builder or any other party joins Consultant as a party to the litigation,
then the disputesbetween Builder and Consultant relative to the claims involved in the litigation,
aibitration,or other ADR shall be resolved in such litigation, arbitration, or other ADR. In the
event that Builder is required, by law or by contract, to resolve a dispute with a third party in
arbitration or other
litigation, ADR, in and be bound by such
Consultant agrees to participate
procedure.

In all other circumstances, Builder and Consultant agree to resolve their disputes in a court of
law located in the county in which the Project is located. TO
THE FULLEST EXTENT
PERMITTED BY LAW, BUILDER AND CONSULTANT EACH IRREVOCABLY,
UNCONDITIONALLY, KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO
TRIAL BY JURY.

In any litigation,arbitration,or other ADR, excluding attorneys'fees and costs that are expressly
recoverable by a party elsewhere into this Agreement, if any, and notwithstandingany law
allowing the award of same, both Builder and Consultant agree that (i)neither party shall be
entitled to recover any attorneys' fees, costs or expenses even if one party is found to be the

prevailingparty; and (ii)both parties expresslywaive their rightto recover attorneys'fees as the
prevailingparty. Both partieswarrant they have been represented by counsel in the negotiating
and execution of this Agreement.

SHOULD A CLAIM OR CONTROVERSY ARISE BETWEEN BUILDER AND A

THIRD PARTY REGARDING SERVICES PERFORMED BY OR THROUGH
CONSULTANT, CONSULTANT AGREES TO PARTICIPATE AS A PARTY IN, AND
BE BOUND BY, ANY PROCEDURES AND REQUIREMENTS FOR REMEDYING
CONSTRUCTION DEFECTS PURSUANT TO ANY RIGHT-TO-REPAIR STATUTE,
AS INSTITUTED BY SUCH THIRD PARTY AND ANY SUBSEQUENT MEDIATION
All Skies-Consultant Agmt (v.4-12*2018) 12
30185.0033
GM:40039641:2
AND ARBITRATION PROCEEDINGS BETWEEN BUILDER AND SUCH THIRD
PARTY. CONSULTANT SHALL INCORPORATE PROVISIONS IN ALL
AGREEMENTS WITH CONSULTANTS REPRESENTATIVES WITH RESPECT TO
THE SERVICES PERFORMED REQUIRING ANY CONSULTANT
REPRESENTATIVE TO PARTICIPATE IN, AND BE BOUND BY, SUCH RIGHT TO
REPAIR STATUTE PROCEDURES, INCLUDING MEDIATION AND ARBITRATION.

Builder's Initials Consultant's Initials

22. Immigration. Consultant specifically warrants and agrees it: (i)shall not hire or
continue to employ aliens not authorized to work in the United States; (ii)has and shall
continue to verify the employment documentation specifiedin the Immigration Act; and
(iii)has and shall properly complete and retain the U.S. Citizenship and Immigration
Service' s Form Id) for all its employees covered by the Immigration Act. Accordingly,
,.

Consultant agrees to defend, indemnify and hold Builder free and harmless from and
against any claims or charges asserted or filed against Builder and any judgments, fines,
penalties and assessments entered against Builder arising from or as the result of the
employment or engagement of any person inconsistent with the foregoing promises or the
laws of the United States. In addition, should Consultant fail to comply with this Section,
Builder shall have the right to rescind this Agreement and/or declare Consultant in default
under this Agreement and as a result Builder will be entitled to all direct, indirect,
consequential,impact, or other costs, expenses or damages, included but not limited to
costs, loss of organization, lost profits,or attorneys' fees arising out of or as a result of
Consultant's breach of this Section.

FURTHERMORE, at Builder's sole discretion and as a monetary remedy for such breach,
Builder may, as liquidated damages and not as a penalty, withhold all or any portion of
payments owed to Consultant for any work completed but unpaid prior to Consultant's
breach.

Builder 's Initials Consultant's Initials

23. Superyisionof Seryices-Onsite [Link] Consultant is performing onsite

at

Project Services, Consultant shall maintain competent and sufficient supervisionof Consultant
Representativesonsite at the Projectduring all times that Consultant is performingthe Services.
Consultant Representativesonsite shall be experienced, fullyable to communicate with Builder,
trained, and knowledgeable as to the Services, and shall have the authorityto act for and bind
Consultant. Consultant Representativesonsite shall be satisfactoryto Builder, and shall not be

changed without Builder's written consent. All communications or directions given to the onsite
Consultant Representativesshall be as binding as if given to Consultant [Link]
shall enforce strict and good ordei among
discipline its and shall not
Consultant Representatives,
employ any Consultant shall immediately remove and replaceany
unfit or unskilled person.

person deemed unfit or unskilled by Builder. Consultant shall maintain a list of Consultant
Representativesperforming the Services onsite and shall produce such list to Builder upon
request. Consultant shall perform criminal background checks of any Consultant Representative
that will perform any portionof the Services onsite, and Consultant shall not allow any registered

A!1 Sfates-Consultant Agint (v.4- !2-2018)

13
30185.0033
GM:40039641:2
sex offender or any person convicted of a felony or a misdemeanor involving theft, larceny,
violence, sexual assault or any other crime of moral turpitudeto perform onsite Services. In
performingsuch background checks, Consultant shall comply with all requirements of the Fair
laws and regulations.
Credit Reporting Act and any other applicable

24. Waiver of Breach. Waiver by either Partyof any breach by the othei Party of any
provisionof this Agreement shall not be deemed a waiver of any other or subsequent breach, nor
excuse any other breach of this Agreement by either Party.

25. Time References. Any

reference in this Agreement to time for the performance of

obligations or to elapsed time shall mean consecutive calendar days, months or years, as
applicable,unless otherwise expressly indicated herein. Time is of the essence of this
Agreement.

26. Neither Consultant nor Builder will use each other's name, logo or
Trademark.
trademarks in any fashion without the express written consent of each other. Builder expressly
reserves the rightto approve, in advance, its name being placed on a list of representative
clients
for distribution by Consultant.

27. Entire Agreement: Miscellgneous. This Agreement (including each Change Order
executed by the Parties)constitutes the entire Agreement between the Parties and shall supersede
all other oral or written agreements between the Parties,respecting the subjectmatter of this

Agreement. This Agreement may only be modified or amended by written instrument executed
by both Parties. This Agreement shall be governed by the laws of the State where the Projectis
if it were
located and shall be construed as preparedjointlyby the Parties. In the event of a
conflict between the terms of this Agreement and the provisions
of any exhibit hereto, the terms
of this Agreement shall control.

28. Waiver. To the extent damages are covered by property insurance during
construction, the Consultant waives all rightsagainst Builder and its consultants, agents and
employees for damages,

29. Binding of Subcontractors. The Consultant and Builder shall be mutually bound
by the terms of this Agreement and Consultants shall cause any of Consultant's subconsultants,
subcontractors, sub-subcontractors, or suppliersto assume toward the Builder ali obligationsand
responsibilitiesof the Consultant under this Agreement to the extent applicableto their scope of
work. Further, the Consultant shall include
specifically inany such contracts with
subcontractors, sub-subcontractors, suppliersor consultants a provisionwhich allows the Builder
the benefit of all rights,remedies and redress against the subcontractors, sub-subcontractors,
suppliersor consultants that the Builder has againstthe Consultant herein. Where a provisionof
such documents with a provisionof this Agreement, this Agreement shall govern.
is inconsistent

The provisionsto which the Consultant shall require the subcontractors, sub-subcontractors,
suppliersor consultants to be bound, include, but are not limited to the alternative dispute
resolution requirements,warranty requirements, insurance requirements,indemnity requirements
and ownership of documents requirementso f this Agreement.

30, Cooperation by Consultant. While this Agreement is iii effect and after
termination thereof (whether the Agreement expires on its own terms, is terminated pursuant to

All States-Consultant Agmt (v.4-!2-20 I R) 14

30185.0033
GM:40039641:2
Section 3 thereof, or otherwise), Consultant agrees to reasonably cooperate with Builder [o
resolve any and all disputes and/or to effectuate any and all transactions with third parties,
including, without limitation, Sub-consultants, regulatorybodies, governmental entities,and
home purchasers, related to work performed by Consultant pursuant to this Agreement.
Consultant agrees reasonable cooperation includes, without limitation: (i)promptly responding
to Builder's such dispute or transaction, (ii)promptly providing all due
inquiriesrelated to

diligence and/or other documents requested by Buildei' that is available to or in the control of
Consultant, and (iii)promptly executing all documents necessary to resolve such dispute or
effectuate such transaction as requested by Builder. The terms and obligationscontained in this
Section 30 shall survive the expirationand/oi termination of this Agreement.

31. Authodty.. By signing below, the undersigned certifies that he or she is

authorized to cxecute this Agreement and is taking this action with full authority from the
principal.

[Link] Agreement may be executed in counterparts, a complete set of

which deemed to be an originaland all of which together shall comprise but a single
shall be
instrument. Signaturesmay be given via facsimile transmission and shall be deemed given as of
the date of the transmission of this Agreement by facsimile to the other party,

33. No Liabilityof STOP. Consultant acknowledges and agrees that,notwithstanding

anything in this Agreement to the contrary: (i) STOF shall have no liability under this
Agreement, express or implied,for any obligationsof Builder to Consultant, notwithstanding any
provisionof this Agreement including,but not limited to, that STOF is an additional insured on
Consultant's insurance policies, that the Project is on STOP tribal land, that STOF may pay
Builder pursuant to a separate agreement for the work performed by Consultant, that STOF is
entitled to be assignedthe Work Product and that certain indemnities by Consultant run in favor
of STOF; (ii)STOF is not a party to this Agreement and Contractoi shall have no recourse
againstSTOF for any default hereunder by Builder; and (iii) STOF has not submitted to, and this
Agreement is not intended to subject STOF or its tribal lands to, the jurisdictionof the State of
Florida or its courts or administrative bodies.

appear on followingpage]
[signatures

All States-Consultant Agml (v,4-12,2018) 15

30185.0033
GM:40039641 2
 IN WITNESS WHEREOF, the partieshereto have executed this Agreement as of the day
and year first above written.

"BUILDER" "CONSULTANT"
[Insert Lennar Builder Name Here] {Insert Consultant Na,ne Here]
a a

By: By:

Name: Name:

Ti tle: Title:

Federal ID No.:

State License No.:

All States-Consultant Agmt (v.4-12-2018) 16

30185.0033
GM:40039641:2
 EXHIBIT "A"

SUMMARY SHEET

EXHIBIT "A"
A-1
30185.0033
GM:40039641:2
 Consultant:
Contract No.:
Project Location:
Metropolitan Area:
Date o f Consultant Agreement.
Rr. (Fitt in Scope of Services Here)

Compensation fur services is as follows:

[Link] Services: $0.00
Reimbursable Expenses: $0.00

Total Compensation for Services: $.

FEE SUMMARY:
Compensation for Services: O Hourly @ $0.00 per hour
0 Other: Iptal FQ[1'Pensa[[Link] shall not ewfed a maximum of
$0.00 for Professional Services and $[Link],Reimbursab.e Expenses
jyjthpptthecxpress wrilten consent of Buildert

Manner of Payment of Compensation: El Monthly

O Other
Time Periods:
Date for Commencement of Services:
Date for Completion of Services:
Other (Dates or meetings, inspections, deadlines, etc.): N/A

Submission of Invoices for Time & Reimbursable Expenses: Paid within 30 days of dare of receipt of complete invoicing
package,

Submit to:

Extraordinary Reimbursable Expenses: $O.00 for any singleexpense or group of related expenses
O Other:
Insurance Policy Limits. C] As specified in Agreement
OOther specified below
Comprehcn. ivc General Liability: per occurrence

Automobile: per person,

per occurrence/bodily injury,and
per occurrence/propertydamage

Errors & Omissions/ For all claims during policyyear

Professional Liability

Miscellaneous: Please reference contract nuinbei and include professional ser'vices, and
reimbursable expenses, wilh backup on ail invoices when submitting for payment. CGL policy shall expressly name STOP asan
additional insured and shall contain a waiver of subrogation.

EXHIBIT
B-1
 EXHIBIT F

Permit Package Requirements

Residential shall mean Single Family,Duple*, and/or Townhouse buildingtypes.

, Non-Residential shall mean Multi-Family,Commercial, and/or Industrial buildingtypes.

Contractor Licensing (Contractorsand Sub-Contractors)

. form (see attached)
Filled out Contractor's registration
, Proof (copy) of applicablevalid Contractors license
, Proof of applicableliability and workers compensation insurance (Seminole Tribe of
Florida additional insured)

Residential Building Permit checklist:

, Filled out Building Permit Application(see attached) Permit and Sub Permits are
email address), signed and [Link] (2) sets of plans
correctlyfilled out (including
(signedand sealed by a professional)must accompany the application,

e Proof of applicableSeminole Tribal Historic Preservation Office THPO clearance

Proof of applicable Environmental Resource Management Department (ERMD)
clearance
"
, Two copies of the Survey and when necessary a "plot"or "site plan showing the area in
which work will be done, Elevation Certificates after lowest floor is completed AND at
Final C.O.
, Energy Calculation forms and heating/cooling
load calculations,
, Two copies of all necessary Product [Link] include but are not limited to all

roofingmaterials,exterior windows and doors, sheds, shutter, awnings, trusses, skylights

etc.
 SEM]NOLE TRIBE OF FLORIDA
TRIBAL INSPECTOR' DEPARTMENT
6363 TAFT ST. SUITE 308
HOLLYWOOD, FL. 33024
OFFICE: (954)R94-1080 FAX: (954)989-1371
EMAIL: BU]LDINGDEPT@[Link],

BUILDING PERMIT APPLICATION

MASTER PERMIT No.: [Link] DATE RECEIVED:

U NMillf-
---
[NTE?Of PtCE [Link],Y

PROJECT LOCATION INFORMATION:

RESERVATION: OHOLLVWOOD ? BIG CYPRESS OBIUGHTON 0'[AMPA OTRA]L
O [MMOKALEE OFORT PIERCE C]LAKELAND ?COCONUT CREEK
OWNER'S NAME:

JOB SnE ADDRESS:

CITY: STATE: ZIP

PROJECTNAME: STOF CONTACT NAME REQUIRED:

PRESENT USE: PROPOSED USED:

NAME: [Link], No .
-.1

AIX}RESS: C]nf/STATE: ZIP.

TEI.: EMAIL:

TYPE OF PKOPERTY: ORESIDENAAL ?COMMERCIAL O!NDUSTRIAL OSTR[JcnJRA1.

SELECT TRADE: [I?][Link] [lEI.[3C1'R[CAL OMECHANICAL ?PIUMHING ORE?OF[NG OF!Rr

?POOL OCHANGE OF CONTRACTOR / ARCH]rECT / ENGINEER C]OTHER:

I l?Yy?EOF IMPROVEMENT: ONEN ORE:PAIR OADDITION [Link] ODEMOL]T[ON OREVISION OOTHER

DETAILED SCOPE OF WORK:

SQUARE FEET: CONSTRUCTION TYPE: JOB VALUATION: FBC IN EFFECT:

LINEAL FEET: OCCUPANCY GROUP: OCCUPANCY LOAD: WIND SPEED:

FOR ALL PERMtrAPPLICANTS:

APPLKATION IS HEREBY MADE TO OBTAIN A PEKMU' TO DO WORK AND INSTALLATIONS AS INDICATED. BY SIGNING THE APPLICATION, l CERTIFY THAT AL[.
PROVIDED INFORMATION IS ACCURAre AND WORK WILL BE PERFORMED IN COMPUANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION LINDER TI [G
SEMINOLE TRIBE OF FLOMDA. I UNDERSTAND THAT THIS APPLICAnON PFRTA:NS ONLY TO THF WORK DESCRIBEO HEREIN, AND THAT IF ADDFTIONAL WORK IS TO BE
PERFORMED BEYOND TNAT DESCRIPTION, A SEPARATE PERMIT MAY BE REQUIRED.

ADDmONALLY, FOR WORR TO BE DONE BY OWNER:

UWE }{HREBY SUBMrr 1-HIS APP[.!CATION TO DO WORK "BY OWNKR" WITHOUT THE ASSISTANCE OR EMPLOYMENT Oy A CONTRACTOR. AND WILL BE COMPLETELY
RESPONS BLR FOR ALL WORK AND [Link] ASSOCIA FED WH-H THE ABOVE DFSCRIPTION OF WORK.

1CERTIFY THAT ALL THE FORGOINC INFORMATION IS ACCURATE ANI> T[[AT ALL WORK WILL UE DONE IN COMPLIANCE W{TH ALI, APPLICABLE LAWS
REGULATING CONSTI<UCTION

OPRIMARY CONTRACTOR OBY OWNEK OF.S. 489.103 LICENSE /CERT[FICATE OFCOMPETENCY:

COMPANY: QUALIFIER NAME:

ADDRESS: CITY/STATR. ZIP:

QUALIFIER TEL.: FAX: EMAIL'

CON-TACT-NAME: CONTACT TEL:
QUAUF[ER SIGNATURE:
SWORN BEFORE ME TH[S DAY OF 2D NOTARY PIJBLIC:

ALL FIELDS MuST BE COMPLETED OR N/A

 ELECTRICAL SUB-CONTRACTOR / APPLICANT INFORMATION: LICENSE No.:
NAME; QUALIFIER NAME:
ADDRESS CtrY/STATE: ZIP:

QUALIFIER TEEL. FAX: EMAIL:

CONTAC'TNAME: CONTACTTEL.:
QUALIFIER SIGNATURE,
SWORN BEFORE MET[IIS DAY OF 20 NOTARY PUBLIC:
SCOPE OF WORK:

MECHAN?CAL SUB-CONTRACTOR / APPLICANT INFORMATION: LICENSE No.:

NAME: QUALIFIER NAME:
ADDRESS: CITY/STATE: ZIP:

QUALIF[ERTEL.: Mx: EMNIi

CONTACTNAME; CONTACT TEL.
Q[JALIFIERS[GNATURE
SWORN BEFORE ME THIS DAY OF 20 NOTARY PUBLIC:
SCOPE OF WORK:

[Link] SUB-CONTRACTOR / APPLICANT INFORMATION: LICENSE No.:

NAME: QUALIF[ERNAME:
ADDRESS: CjTY/STATE: ZIP:

QUAL]FIER TEL. FAX: EMAIL:

CONTACTNAME: CONTACTTEL.:
QUAL]FJER SIGNATURE.
SWORN BEFORE ME THIS DAY OF 20 NOTARY PUBLIC:

, SCOPE OF WORK:

ROOF SUB-CONTRACTOR /APPLICANT INFORMATION: LICENSE No.:

NAME: QUAUFIER NAME:
ADDRESS: CITY/STATE: Z]P:

QUAI.!F]ER TEL.: FAX' EMM

CONTACTNAMF.: CONTACTTEL.:

QUAL]F]ER SIGNATURE:
SWORN BEFORE ME THIS DAY OF 20 NOTARY PUBLIC:

SCOPE OF WORK:

OTHER SUB-CONTRACTOR SPECIALTY /APPLICANT INFORMATION: LICENSE No.:

NAME: QUALIF]ER NAME:

ADDRESS: CITY/STATE: Zlp:

QUALIFIERTEL : FAX: EMA[L:

CONTACT NAME. CONTACT TE[..:
QUALIFIER SIGNATURE
SWORN BEFORE ME THIS DAY OF 20 NOTARY PUBLIC:
SCOPE OF WORK:

ALL FIELDS MUST BE COMPLETED OR N/A

 Tribal tospeeior's Department TP. I 1-18

SEMINOLE TRIBE OF FLORIDA 1.

DAVID Ett]RGURNO MARCELLUS W, OSCEOLA, ]R,, Chairman

Building Off! ciat Director MITCIiELL CYPRESS. Vice Chairman

Tribal Inspector's Office
6363 Tan Street, Suite ]OB ANDREW [Link], IR., Brighton Councilman
Hollywood, Florida 33024
Ti (954) 894-1080 Ext CHR]STOPHER OSCEOLA, Hollywood Councilman

.#OIO?
10912
MANUEL M. TIGER, Big Cypress Councilman
F: (954)989-1571
LAVONNE ROSE, Secretary
PETER A. HAHN, Treasurer

CONTRACTOR'S REGISTRATION
Please print clearly

Company Name: ?
-

6A it uppemi on ;he State 1:ccn=ei

r
Company Address:

City: State: - Zip Code: .

Business Phone:( )- Business Fax No:( )

Contact Name: Email:

Qualifier'sName:

PLEASE SUBMIT A COPY OF THE FOLLOWING

STATE OR COUNTY LICENSE /CERTIFICATION
GENERAL LIABILITY
WORKERS COMPENSA+I'lON

The certificate must name The Seminole Tribe of Florida

Inspectors Department, 6363 Taft St.,
suite 308, Hollywood, FL 33024 as the certificate holder and as additional insured. The additional
box on the certificate and also by separate
insured needs to be included in the description
endorsement.
 EXHIBIT G

Lennar Pool Home Confirmation Notice

30185.0033
GM:40039641:2
 EXHIBIT Il

Form of Member Home Purchase Agreement

EXHIBIT "B"
B-1
 EXHIBIT I

Descriptionof Mable T Property

30185.0033
GM:40039641:2
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Mabel T Frank Housing Area
Exhibit
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 EXHIBIT J

Descriptionof Seminole Park Property

30185.0033
GM:40039641:2
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 EXHIBIT K

of Lakeland Property
Description
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SEUIN OLE 1 RtOE O F F LOR, OA
JKELAND TRUST INFRASTRUCTURE
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 EXHIBIT L

Insurance

Builder shall procure and maintain the following insurance coverages:

1. Workers' Compensation:
Coverage A. StatutoryBenefits
Coverage B, limits of not less than.
Employers' Liability
Bodily Injuryby accident $1,000,000 each accident
Bodily Injuryby disease $1,000,000 policylimit
Bodily Injuryby disease $ 1,000.000 each employee
2. Commercial Auto Coverage:

Automobile Liabilitycoverage in the amount of $1,000,000 combined singlelimit,each

accident,covering all owned, hired and non-owned autos.

3. Commercial General Liabilitv:

Commercial General Liabilitycoverage (equivalentin coverage to ISO form CG 00 01)

with limits as follows:

Each Occurrence Limit $1,000,000

Personal AdvertisingInjuryLimit $1,000,000
Products/CompletedOperationsAggregate Limit $1,000,000
General Aggregate Limit $2,000,000
(otherthan Products/Completed Operations)

The policymust include:

a) An Additional Insured Endorsement naming as additional insured:

"Seminole Tribe of Florida" together with Waiver of Subrogation Endorsement.

b) Coverage must be on an "occurrence" form. "Claims Made" and "Modified

Occurrence" forms are not acceptable.
4. Other Requirements:

a) All policiesmust be written by insurance companies whose ratingin the most recent
Best's Rating Guide, is not less than A (-):VII.

b) Certificates of Insurance will be provided upon written request from STOF.

ACTIVE 39952159v35

GM:40039641'2
 EXHIBIT 1

AMENDMENT NO. 1
This is Amendment No. 1 to the Community Development Agreement ("CDA") effective
as of September 10, 2019, the last date of the CDA signaturepage, between the SEMINOLE
TRIBE OF FLORIDA, a federally recognizedIndian Tribe under 25 U.S.C. §5123, (hereinafter
the "Tribe") and LENNAR HOMES, LLC, a Florida limited liability company (hereinafter
"Lennar"), which CDA is attached hereto as Attachment A, and by this reference incorporated
herein. Teims not otherwise defined herein shall have the meaning described to them in the
CDA.

RECITALS

WHEREAS, the Tribal Council of the Seminole Tribe of Florida approved the CDA by Tribal
Council Resolution No. C-557-19 adopted on August 23, 2019 titled: "APPROVAL OF THE
COMMUNITY DEVELOPMENT AGREEMENT BETWEEN THE SEMINOLE TRIBE OF
FLORIDA AND LENNAR HOMES, LLC SUBJECT TO CERTAIN CONDITIONS; LIMITED
WAIVER OF SOVEREIGN IMMUNITY".

WHEREAS, the CDA includes a provisionthat the Tribe has the Tribal Development Option
to reserve certain lots in the followingcommunities for its own development as listed below or to
designateand release the lots for construction of homes by Lennar Homes, LLC (hereinafter
"Lennar") through a Community Commencement Notice:

Mabel T. Property, Lots 33-49 (total

17)
Seminole Park, Lots 19-26, and 55-75 (total
29)
Lakeland Property,Lots 20-23, 26-29, and 31 (total
9);and

WHEREAS, the Tribal Community Development Department of subsequently the Tribe

determined that it was of the Tribe and its Tribal members to exercise the
in the best interest
Tribal Development Option to designateand release the above lots,and on or about May 6,
of Lennar acknowledged and accepted the Community
2020, the authorized representative
Commencement Notice which included the stipulation that the Tribe continues to reserve the

rightto construct homes for its members upon subsequent timely notice to Lennar, in the event
such need shall arrive;and

WHEREAS, the Tribal Community Development Department has determinedthe need for

housing development for

Flowing Well
the property on the Brighton Seminole Indian
Reservation consistingof sixty-nine(69) lots. Thirty-nine(39) of the lots will be designatedfor
Tribal Lease Pool Homes; and

NOW THEREFORE, the Tribe and Lennar hereby agree that the CDA shall be amended as
follows:

1. Article X, Initial Communities, of the CDA shall be amended to add Section 10.05 as
follows:

Section 10.05 Flowing Well Property. The Tribal Residential Lands include, without
limitation,land known the "Flowing Well Property" consisting of sixty-nine(69) lots
described on Exhibit lA, within the Brighton Seminole Indian Reservation. Builder
(39) homes on the lots designatedas
shall build on the Flowing Well Property thirty-nine
"Lease Pool Homes By Lennar", and 30 homes designatedas Residences by Lennar' on
..
 lA
jrfllibit $, ?LI, the I rihe
re!,tining Elie Iribal
Deiel?irmem Oplio,#In Section 14:(It '
I

Iht:CDA I ennarshall bwlhc Jntraflruetil,?<Part> loi llie l Iun

ir,u Well l'rnperl>

Amendmenl No. l and Exhibit IA almched hereto shall be WncorporatcdImo tile CDA and
made a part thereof.

All oiher terms and conditions of the CDA, as amended I,elcin. shall remain ill full force and
effect,

]N WITNESS [Link]. the panies hereto have caused this Amendment No. I to the CDA 10
be execuied on the rcspecl iw dates
du!, authorized represen[otives
by their set forth below ai the
Hollywood Seminole Indian Reservation. Broward Counly, Florida.

SEMINOLE TRIBE OF FLORIDA. LENNAR HOMES. LLC-

A reclerd lyrecognizedIndian Tribe Under a Florida limited Iiobil,1>
ro,nrany
25 U S C, 45 I 23

*L?-d-LCD
By:

Name Marcellus [Link], Jr,

- By.

Name
i :-GF-i
LTSWA,TBXLEUSDT
Titlc: Chairman Til/5.
VP..
Date.
WoIN Da[e:
Cn/'5/20
W i[nesses:

Signature Sigr,a/ure
ZZ?Ivufi?
Print Name Print Name
Etlitnki???ve

IPFMM.l/UmoiaiunliAMMiME.
Amwudmmg h l
C?m,nllitv' Devcl,9'rllemA#ceoletil
L=arwr l lornes, LLC
 YtrNLAMAM7 A
COMMUNITY AEYUPPMENI AGREEMENT
TliIS CONIMUNI'IY DEVELOPMENT AGREEMENT ((Ite"Aurecmenl") G mace
M 2019 (the "Effective
:
Dals'l by LENNAR HOMES, LLC, a
I li,ridn 9(t,titrd
IEiljiy
company ("Builder")and ihe §KMINOLE TRIBE OF FLORIDA, a
Amerkan
tcdci'[Link] indign Ir,be (*STOr)

A. STOF ll;ebe,neficial
,% Owner of ll,c irib@l ]@nds in the Slate of Florida known ai-
*Iw ilotlywood,Big Cypress,Ihrlgh,Dn and Immokfttee Resel'vatirms as well as the Lakeland and
f:t l'ierce Tms: lands
(eo(lcctiveiy,
"Tribal Landg") further described on
EihlkD A
B, Btlildc, is a [Link]'y
of [Link] Corporauon,a
pubjiclytrddc>:!
cofnpuny based iii Miarr< Flnrtda. and is an
experiencedJand developer und ho,ltebuilder

C, The Trib?ilLands include the land described on Exhibit B. which STOF believes
s s,IilablcIoi restdemial a? o! Ihe Eft-active {Jale (lhe "Tribal
devclop'ncnt Resldentw
LamjO, Hnd whkh STOF wishes Lo dewlop imo co,nmunities for Ihe benefu of members of
sTOP ('M?emhers'-)?
,nclod,ngfr?mc hi;,mcs wh,cli will be offered lo Memhers k),-
[Link]
nihli Mkswhidt Will be
comcygd io Members (w..h, n "llonie"1

D S'I'OF has eslabjtqbod certain

pmeeduresfo, determiningwhich ol i[& Member:
ure qu:,Iilicd
(o ,:m or t{1 acquire !1(,mes
C',Ollalifigalion Procedures'*).
[ $1-OF ruid Fittildcr#v,sh to eojlahora:e to n,ect S TOf's
desire lo depelor,
p:ztdenlinler),111114,nitlc>.
Accordiilljly,S 1-Of' and Builder wish to enter trM o Ihis
Agreemenl k,
[Link]
Iluildmi ? develorilieili
nl Mliclicnminunilies.nr1 Ihc lem?8:1 Torlh hercir,

NOW. 1 [Link])Rlt. Inr

S l OF and Build:r agree hh
good and valu,ableeonsidevatti,tt,
11)Il'Rw:.

ARTICLF.1
BECITALS
1 he reei,ah;ure correct And a,e
Ioregoitig incutporo,ed
into this Agrrelnet)1.

ARTICLE I!
REI'RESENTAI'lOJNS
Kktliun 2,Ill S'l'1/F. S'1?Ofi rel,refc,lisand 14Afra,115 io Builder as Mliows All
I,? tlbS
fepl'cfe,11alions sll0]I be on
Agi?eer,erll Ii'ue :,nd cnrrecl (I,c lilfcclive Date and al all (it,utg
the Teml Df Il,is
tbruui,hou? Ag,eeelem,as detined in Article Ill.

(A) -1rlhgllands Suilablgfor Rgsidenliat..fkvdopql=.i-he l r ibal Rekitietit,al

i 3,#dt urt: qu:(Hhlc Ibr reside,ilia! RS ol the Effective Dale
deveicplnet}t

(B) QQYCIorme?u,All Tlibal Laridi designa?ed

as Trlbml Resldmuiat Land arc
c.7nimiled ny S'YOFili;1 manfiei
olher ?han ihc Approvals,
Inalallnwfdevelomnlwilhnoriecd
azi defined in Scclion
fikri,her
HuilmizaliDH M
6.02.
 (C') [Link]: exr:curic,n,dehvery Ill,d periormenccby SFOF of thls
Agrcemcm g,ld Il,e obligations
cot,Iained hercm, includingthe waiver ol? [Link]-nu,lity,
have boen dl,Ii' ault,firizcdb> Lili oecessary
1-ribal govei Ii,ner,Ial and olber eciR,n, a,id dc, not
require any consent or applcjva[Imt he,clolol'e ob<Hlncd o fany Tribal oi fk:er or Tribal
body The
l?e:;oltt,ionwJ]icll sel vcsasevldcr,ec afl helrl be'sapproval and wa,Vf.:rof
Envereign iln,nunily
is
[Link] as C (lhe 'Resolution'l
Ekb!!?f,r

(D ) E .q-*c i] tion . 1-1,e

pei s{, 11
executing fhis AS ::1 nt nf
, on tte ha li nl' STDF ha ?
111,3 Iawful right, powc., STOF to
at,[honl,v
dl-id Ci?pt?r,:ity
,o 1?:Nd Ihe Ierms here<]1 and
;:,]Iiblll,unale Ihe Iim,stlctiuns col,(c!nplated by mk Agi-cement.

Seitl,kn [Link] Ilijilde,#. Build,:r STOP ns Ib[Iows All

4,:piesenIEAr,d Wa:Tanl:, lo
teplcselilalit,fiM hl (IlisAgicemeiil
sliallbe Irue aiiJ cc,riect on Ihe Etfective Dale and ,ai all ilines
YFM Iillhi?AgnmcnI
iliru/UI?NMilhc

1A1 Augimily UHildtr ti:%5 I,IUHiiwd jil MiL8(IliL inil

aullioirily
rfyuirerd
li.
rl,IUI i'?t,i I his ali d s A reen-ic ill.
I,r,;i?, undei Il,i
Agreemerl L
1
pct'Iolm Ils i,1}Iiu,a I;

(D } [Link] l llc
[Link],i exetu(ingtli,g Ai;1-eetnenl
o,I behalf of Builder has
the lawl,Il r,6114 l'ower, auihnrhy ilnd b,n,] Iluilticr In
,:apocity If] Ihr, terms hereof 31/il
:ol,6,Ifnmale the (ienqar,lo?Is eon[:r,Ir,]oded
by Il,i,;AE,ee,ren,

(Cj [ljliatiL:iul
Ab,tl-t ihui]Je, ha:i (he IL??ancial ,ib,lil
3' ;o periorr?i ,?twdeiIlii#.
,\
MI'Celi,Cn' Ivill,[,i,1
e,Mullilrijt Iili[?f[Bing
,[Link]'gc

ARTiCLEili

Section [Link] Trrm IW lemi ar I1119 Agiccilienl wliall be five <3) Y{la[S from the
Ell]tcri ve Da tc , Ihe''I'crm" >, or s,Ich Ial (,r d:Mle as I s sel Ibr[ li i,inny Comml, i] ltVCc,mn,encernen f
Nrili?e, Bsdelilied iliAmcie V.

Se"rl'm 3.02 sri OF If-rminatk,n Rich., for Conve,Iienee

<A ) l'io?'idcd ll?crc daes nol Ihet? exist at?y u,tcui'ed STOF's Default,as d,fine,t
iii Seclio:1 f J.02, SMr IMM lime
smll I,ave the riglil.
leililirliite
(his Agreememl rot W rime, IO
Canve,lknce al arlv (Iinc, upo?i thirty(30} days' advance wrme,1 notice
(an 'Earlv Tc,?t,inatio,J
Nolicf,5 ro Builder Such icrntnalion muy be given wil.h respect io Ihis Agree:i,entas a whole,
la any individua! Comtmmity, as defincd in Article V, oi r,-,
Ii,i,1(iplc
CoTrlti,Ilniltti
provided,
I <,wcvci, (hal i l STOF
ha5 pl'evlowslyisblied B Co,rlrnui,Ity
CDm,nencerl,enl Ngtice for one oflht,
Co,niminilie, dcrcribed {n an ]Earb''renninalion Nolk:e, Ihen STOF shall to Builder all pay
Bu,ld(?r Cr,its, defl,ied in Section 3,02(B)1 incur'red by Builder wilh
its
rtspee! to tl,especif;c
ni- Coi;imul,ilies which ,&/a,e Ihc
Cnnj,ibu,iity subjccl of the Con,ini,),ify
Conlmencement Nc?tice
ilil,Iilgn i hc dair 6.t ilir [Link]
Wus
7(r:,ilnali.m N.13(ilt. ir Mrk
on Homes Ias :iPPOSeu io
IH 2 alinmiilnily
tnlm?[Link].i ideniilm IKI ilm. LH?14 rcminalion NMivc h:.s Ihen [Link]
ail lo
cati> tcl,n,na,Ur,n Iee e-Llual ONE HIJNDRED THOUSAND DOL[.Al-{S ($100,00(j.00)fo,
eat.h Stlcb CC,rrlr,lun,iy of Ihc
11-)@tIS [Iie silbjec; Notice wl,tre work on Iioitits
EarlyTerrl,ir?lnlioi,
h:,s ?(, com,i mei,ccd 4 'Earlk l'or,T,inatinn Fce. ). Such iiaymclit d,al! l? made wi[Ili?,thirty(3{)3
 davs. alkr S-1017's reccipt at' Builder's wfitle,rdc,nand, which shsll he
accomllaniedby ar?
01 a/1 Bt,ildcr
Occoul/11+W Conf and 1*easuriabledocui,ienlation wilh respcot Ihere(o,

(Bl Tlie Coats" Rha]I nlean ail Costs It,curred

<e,7,)
?lluil,Jcr by Builder with
teweW lo Ili'?
Agreei,ieiu,
if this
Agreemem is rermlnalcd *w a whole, or with respecl to the
Conimunhy, d Ihis Agleelnenl h, terli,?natedas (o a;, individuaj
Eipplicable Builder Comnlttni[>
Costs g},illlconsisl ol iezt*onabty
documemlei! !)*-d and NOft costs (ifBuilder U
dcvel,ipment O,e
I"Irn?[Link]'aily, its dctbcd -,FiArticle V), hard and soft consl,uctior, costs, anti sahh and
cosls,
rliarkelmg

{C:) I
Jpon STOF's issuai,ce o fan EarlyTermination Notice:

O) STOF shall gssuine aJI

withrmcl
liability io the applicable
Cnmiliuilky Homes and/or Conmutnity not colnpleled by Builder,and shall
Inll'[Link]
mdcmnily Buildc, with rcmpecl Iherclo

(ii) S'l-OF. tpot 13&,ilder,

sliakl issue any
wafrnnty wilh respeel to sueb
Comnlt,i,Ety by S
1-h?inc<c,lanptcled [ OF

(iil) STOP and Buildcr shall cooperale with respect lo the Irallsferor
ally pcl'Iilils
applicablclo ihe CoillmtinilyI loim Or
Commilnily 14/Msir,iclwe, Us
to
applicahle, S j'OF or b
ai,4,)1?ei uilder engaged by STOF.

(rv) tjpot,receipt o[ the Bi?ildei' C03tf and Early '1-ennma,ion Fec,

Builder xlml] prov,J, to STOI' ati
drawings,ptan?and oil-iermaterials (cotle?ively,ihe
fl,iw'/ror Wnsiriklion nr Ilie IMMS.
Coil,Mulr,iy us defined in Seclion [Link], in the
Connmuni,y, and
npl)!ienhte iur irifrast,
ucture dcvelopmenl ot'the applicableCommunity
jI' liuildei is Lhc I,Ifl'as!ructuro the followingtcrms and coi,dilians
Party,OI,

(a) STOP shell have R Ncerisc Lo 4,se the. Flar,E only with
respect ?) a-Ieh Cot?imuniiy otid oi?ly *ith rC5[get tc, those Commumty Ho,nes where
Builde, I,a, qc,in,ilenced verticalconbtrtictioL,
or where there iSfl Member ]-Iome Purchase
Agiceti,em,as defuied i,; Section 9-01(B>. ir?effec[.

Chi Builder shal Iliaw Ho liability

Willl Ilmct 10 Ihe Mails,ano
Si OI *s usc OI ilk rlai,9 9hall eur,%,illile a ieleHSC orluildcr Irolil all Ii;gbilliy
Wflh resm.i
theC'elo.

ARTICLE IV
EX?LUSIYE BUILDER
Dunng tht' -1 crni, Bl,ilder shall be ilic exclusive builder
cngagcd by STOF <o devebu
ic*id,nri;,Ieuni i,it,iiiliestijid build io,nes on those
portionsof
i
the Tribal Lands which are
dcsci'1>cd in B,i> CotilmunilyCot?7,ne,Kcmct,1 Nottce, and STOf 31'all not engage in 2 direct
Mih r,Iiy
[Link], niM haildb,il/H..i M ihe
[Link] ni Mimwlliries ;ind/Or 11?
CMSIIUCUOIi ol. I Ionics Lands described
Wlihi., Illc 1'1-it>al m
such Cotnmunity Commencement
No,ice (thc "[Link]#iritYProvision") The Provision shall not apply to (i) a builder
Exciusivity
 ol a ettslom home eo,11:acted directly by an individual Member ot (ii)the Homes in A
COITI,mmityW,Ih respect (o wl,ich ai, l'c.r,ni,iailon
[Link] Notice Ita? beer, isfued

ARTICLE V
COMMLNITIES
Srof 19 i,i Ihe mfess DilnnB-Mge plammB r,I Ihe [Link] Uevelmcni oi thc
Tribal Resldential Lands. As STOF ],ii,kcssuch plans,STOF shall of the rribaj
identify
portiont
Restdential Lnnds Iol' developn,enl m accordance witl? this Agreemenl teach,a "Cgmmynllvf),
by providing#vriltcl, tio, k.e to Builder, acct)nlpaniedby a sketch and legaldescriptionof the
appNcable porlion of the 'rribal Residenliel land (each, a "fommunir?
Cgmmenfement
NatiEE") Each CotnnltlnltyCol?tmeneemenl Noline sha!1 identitywhich
party (STOF or
Ihildm h to plan, canstruel, or,d inslall (Iie Com,IMI?nity
Infraslruclure(lhe "lnfrmstrt,cture
P*rty '1
'

AttrrCLE VI
LAND pJDVELOPMENT
S?Iion 6.01 Cnmmunily Mannmg
Alter BuildeT's receipt each Cominunity d
Cnli71115,icoil,eniN,Jlice.,STOP and Builder shall wllaboraic ili
good [Link] lo agree on CA> ihe
Iiuinbei H,id typct of Moines lo be bllillIn Auch
Commupity (Il,e"Communitv Homes"), (D) Ihe
iilc ilwover,ie,115Ini ihe
Cnmmili,ity,in illclilde,Mlhoul Iilriilai;on,
grading, water, sewer.
di,Gn:,ge,
Lq,ndscaping, ar,tet?ilicg,
Bigr,[Ige,-alid road improvernentsnecessary With respect to such
((he "CgmmlinitvInf:9'tri,c(urc"),
Cc?r,it,ltinily (C) the sue plan ond budgetconlaining[he
prokclecl cosls l-or cognplc[ion of such Coinmunily Inlrasl,ueture (the "Communitv
Infr;?*lruclurc 1)ocumcuts' ) nnd (D) the tzunibcr c,[?inodel Community Homes and
speculative
C'smu?/CnmniumilyHoimesio be h,IilliliSuch ComniHiliw.

Srelion 6.02 Annrgv,tl:. Attrl' the erticf hawe agreed cn the Coinmun,(y
It,lrns(ructurc I.),icumenls,
the Itllrustiuclurr l'i,rty
,hatl use conm?e,cially
reasoi,able efforts :D
obvdin R]I Ajiptovab; ,villl restltd illcreto. 1 he term
'-Apnroval#'k
shall Inean ali final,non-
appeahlblc approv,lts,pe, ?t,ils. aweel nents and oonsents f'rrim all applicable government
auihoi bios ul,d/(,r1#onl S l'OF. for Ilk applicable
Conlmumty Infrasrruclurc,
all appeal wilh
periods expitrd nr,d no appealshav?g bert,
jllcd,so that upon Intrasirncture Pany's obtaining
Hll
Apmovnls Ibi Hic Hpplifabk Cmllillilily. Patly will be able to irls?allthe
Ilifrns,ruciul?e
ConimiuiltyInliastruetutc,
Builder will be able ta build Lhe Co,11,11Nnily Homes, and upon
conipleli?,ncif'consl,i,cliorq. 1;l;Ildcr will be ah[e tr> obtain a?1 certitieeleSas are
neeesgry IO
Dccupy each nril.e [Link] BHi/Jcrij Iht ln/IAGI?uciur#
[Link]
coope,ntc with e.t,d shall rjot impede i,1 any way Bwkder'* efforls ro oblain the
Approvals,
ilwludinjtracilitaling*IieappNvalo/STOr nibalauthoriliesHnd olheimlcable Goivemnenial
aul}iorilics,
alld [Link] 1hirty
130)days al/cr Builder'g Writitn MUGSI, all documif
which are required lo be ciccukd by STOF m its
eikpacily ai ihe owner,)1' the Il Conimu,lil>,
Builje, is the Infritstrucltlre and al'ltrall Appi'ovalsAie r:ceived there are
i'klrly arly increases lo
the prvvioi,sly
approved bttdgelsic, cos:B of more,ialg,Irieti the shall u,e parties
failh go(,d
ufloris In adjustsuch budgcrs
 Section h.0.$fonsu#mol,i ]1-Bti)!der is the InfrastructureParty,therl Builder shall
fe]Cct a]Iccilsul(anlsi engi,lcers,planners,and such Ofher experts as Rre necessary *hr Iht
developmniof ihc apwlcabl<CD,Hmunily Hacli,a "Comulmr), Subieclioihe apwovai Pr
SI'Ol-, wh ch shall nol bc ourcasonablywithheld. and subjectfo STOF's
right(o Iernlinate a
Cwisuhaet upoii Ihiriy(30) day, advance police to Builder. STOF has
'

approved the Consultants

?std on E.*hibil R. Builder shall Cnler Ato a!) Contracts with Consultar,ts
(eaifh,a "Cpnjltant
Contract"), but S I OI' Shal] tte t'Or ihe
foieiyrespo,1?iblr payment ot' all due lo
a,n(il:r,ts any
Co?lsuhards. 9-14Ot hat Bpproved A,e fortn of Consultgnl Contract
a:FahibitE
i,Ifachr.d Builder
ghit]I nlanage the Corlfultanl5 such that ! he
Consullanls complete @N studies and plzns,including
b,(t tiot Iii]1ilrd to civil
eligkceiIflg pla,Iift?r paving,dfainage, waler, and tewer syslen,s,
[[Link], and (he like. as needed lo compltk the
piloioinetiic??, Colmnunh>
lnfrasliucture

Section 6.I)4 Cvn*truction. Allet rgceipt of atl Approvals atld exec?uotl of all
CiJIisuliam ComrACis. IM 1?ariysli?11 diliBemlypuisue the mmuaion oilhE
IT,1,?a?r,+ue<uic
[Link],Hnst,ilclure

Seclion 6.05 V.'Ilitv

Services. STOF w,ll ptovide elect-,c. wa,ter, sewer, internet,
cable. and All other utility
iclcphm,e, sci'viec to each al no cosl IO Builder. On
Comnlurrily, behalf
STOE, Buhdc[ shall manage ijie de%[gn and i,isialla,ioi,
<,l' ot the ifnetdcd
1-oregning
Seeti,tn 6.06 Qdfural Re,ourcelw,All l-rfba] I,ands descnbcd i,#
a:ty Com,Tlunily
Cotwncllccniem I#otit:e f,hall have firsl 1:Ieer,bc,rvcycd and dcte rmlned
by STOF %1 be h'ee of
Luliliml rcsmimf m,id HMilaci.F..ir SNT shall 1?vcdetcrinimcd Ib#iM?zimnlol Myguchilems
i,It I]lal
pl'<:Sellt (>f the
p<,rl<4)Il 1 ribat I,and li:w;bccn ogrecdby
governmetiri,J all
bodbes with
uulho, ily lo do qo. Nc,Iwilhs[a,idillgUte Iorcgo,??g,lt- any cukural resourcc5 or
arttfactg arc
discovered d,iring tlle devclopnlcllrofa
Cojmnurdly? Buijder will promptly noldy STOP' of fuch
Iindingsa,Id stlal]
initiiedi:,tely,ease developmcnl (,1-the itlfrms,rvoturc {if I3uildef is the
Inll astrueture Pmy)or cunslrt,ction of Ii,c bioi,ieF
C<):i,tni,rl,ty aflecled by the cul:ural resource
or nrtil'acl-I'l,creafteiSTOF will such firidings,al,d STOF- and Builder
,
diligently i,ivestigore
91/all work
togc/her in
tood MM
N piommjy resume cnr?5/ruclionin B manner which protecis
such ctlltu,wl resources and artifacts

ARTICLE Vit
COST REIMBURiEMENT AND MANAQEMENT FEE FOR INFRASTRUCTURE
Section 7.0] Cost of (nfrwslructure. S OF shall b{: rcspoi,sible
I foi all ct}&(; io
dcsign,iltstall,
atid construct al! of (Ile
Colnn,i;I,ily
Inl'rastrileturo-
1('liuilder is the Ir,ffa?trtlcturc
I>any, ihet, Builder sliu[1 n,a,ieye ihc coi,Eiruction pfoce.1,5 for Ihe Cnniniunllytnfrastructure,
Ii,eludmgEcleet;otl ol' coi,ttacloi's, bidding, preparing,and el,Ie,ing into ajl appliciblecontract
doculnemb (eaell,a "Conslruclion Confrllft")

Section 7
02 Reimbursement f"gcsdurr Il Builder 18 lh<: IT?lra:;tr#,cture Pany,
Ihtn Budder will sign the Conslrucdon
Cor,tracts;however. 31 OF shall bt rciponsibk for Ihc
and constjucl the Conlmul,tiylr\IrostructureBuitder
co,-[& Ic, design,ins,alt,
may advance none>
io cover such costs, and shall have Ilie tf periodic rei,nbursements trurriSTOF
:'igkt upon written
request("Bcimbu/*cmentRnu,sts">,bul ,?01 l,iorc Dltcn than once per month, for
mcurred by Buirder to coi,iplere
amounls O
the Comniut,iL> tlifrastruclui'e.
plus Ihe MaiiagemcntFee. Ms
 Jclirled
Itl?l,Iue
riecli,7,[Link]
ili
(Ille"B#[Link] Amotit,t"i. Eadi Reimbursement
[Link] a{11din'115, IHm r,iea5es, inspeelio,I
bl,ali Rmm
npproval,and olher reasonilb]e t,n??k-up
Wtcm,Titnia?T,Ii 81141,(M 41ell Fkliwr ihc Reimb??rmik?i. in 13TUF. WIW fik# h Heywsif;
[Link] Rmuc,15 shall incl,WN Mcralculalion of ilie Hm,l/cableReimbitrseinmt Amoil,ki
ai,d ManymieTIi Ier. Logelhr? Hllh B LuiJY .Ii Ihk fubiec-idrfr,4 rxgli?,i. iiarir.M it.e
upplic?gblo CfinsiillgnlstilllCuliti AHDri. and
suppDYIinB di,[Link] indijdindimvni=?ivi ,wnd Iie?
isleasts (,ai n,ld if apt,I,cable)
tro,A ail Con?jwllani.4, and pflye:S liotn IJ,e daie of the
Contl,]ctor.<:
IieinibulseilicillRe,tlkgi
pli 4'ililig
/Cir.W a? in ilic Brfi Reimlluifemili Reguesi)1hrwiligli
ihe
d,ae. 1,! It,e ci,Irei]1 Rt:ilr?bu,?ic,?,ent
ke,Iucsi.

Sic<i,m 7.03 Manaticmenl Fee. ff- Bi,UJel ?5 tl'ieIl,(mgniclw,'e Paili, Il,en lili'

il,Hn.79(..f,ieni rek H, Ri,ildcl (Ihe

';MznHZcmjm[ Fcc"I Shall M eqlial IU fiv: pe,:eent 15':i.1
ol lili
[Fll C fl 5' 3 C, I'CDmll
I ..I I
le (io rl u l'the Cnlll rr, l,ni l Y I,? tra Sl d-L If,IUFf

Section 7,04 Iimply I'*wncrll 1 'N Re"nblir'iel"e'IlA'nou'Il ir-' fonlt ,? e,Id,

[Link],i,sklimillfgikH
shall ber Pai<f43 234i/Jer
Nrillililhilyr13n/<Iaysantr Uelivciy ic) Sri)1.
Ii,ilrst,STOP provideb detailed Wrilieti
objeciloi,& ?*mllir;
51]ch Ih,r,y ( .?01Jay period, In ihe evel,1
til [Link]:h d)61?lltc
(il'tli:[Link]
Disr?u(e"), lhe I?*Ilies61?tal1,wirk
mgefher in good lh,th 1(,
u Ajve i/IE [Link]
DispuPe Ir tlLe I,er,ie.1?re 41iBWe ni nwl?c a AEilnburgemilp
L),spulc #vllhil, n fimhcr Ie,1 (IO) day pei'Iod: iher, ?be parties sh,ll proceed 1,-, Tr,edio<ionbi,
[Link]-dd,I:k Wlll/ [Link] 17 U<* Ili HdJil INI. I.u Bll .,1hfi iemcdies nr B:,ilder
hmlildpT. aHV
.

4,?Mcill 411,iKHI
[Link] Ii?.i
miu wlicNJkk .MI/IMI mikresi uillirimie DfliNelvr P,?.rccill
ilzn.h/
(,t'. b,il,Nlln IrL)Ill QW di,Ie (]i,r:b, 114 1-Iril,-;
p,?.4.

Alt rICLE VIH

HQMk CONSTRUCT'(*1
Section
[Link] Home nm..
f'Iioi io ihc Inliaslruciufe Iiomrile,iceimi Oflhe
I'Bily's
Conit,zult,ly
Inid,i:it;ucl#Irc
flo,ui,bcnis,Bijldei' shall &,rovide to STCP a Ust $eiling forth the
(ypes ul Homcs [i} be eonwi'Ii<:lcd in Iht applieablr; Clhe Co,n,nljl,ity -[Link] TY,tm!">
lirld

Pir'lim:HH?YPNM'dFH/Cg Micl? nl [Link]/Illumte

Tyre rne Flonw 1 ypes 3hall be 5;clecicd rri,T,
lh, wide as#soiti,Icni of Ruilder's the,b-eurrent home
plan Iibrnt'yfor homes wi:hil, ll,e S,We of
Flor,d:i fll,d 0,#,llIr,cl,ide<,I,c
Iland?t.,pped-:142,:cs;?ble
In<,del Builder shall ,Ioi be lo
req,Ib't:d
designnew or unique Ilcm,e 'I-ypct ibr a,iy Ccll),munlly,
excepr lb,' 9 chfirlgeto r.,?.,Ti,Inrr,ate;rla)
*ceift::ation:;. such m'; metal Loolk und impact windows, STOF Nhall have lo dpprove
rhe r,glll
11:c NI'[Link],Ilic7
YMS in ils MJMable dISC.'[Link]
Section N,01 l'riceLirt At least ihirty (JO) dayg priorlo opening a Cc,mmumly fr),
hales,Builder -shfiflmr,vidc !0 S'l-OF fhe Iinai propc}5ecl
prkes el Ih, Comtnunt fy ]Ion,es Blld the
Mlies ol- Wailablc omions liM
'McE-Llsr'),
whichpril:esshallbe
in gcmlly afcmm-ewIHI
the prelillmiary to dueui,icnled adiustinenIs
proposed prices,5-i,hjcc( (br tl,en-eun-ent cojits- flle
[Link]:iH IW 1'?IKK U,Y 9*Yllbe Sut,[Link]
Io Mi indir e?cgialiom IGI
un:fnlU+limsbaxJM
doc Lillx'Ilwd ir?crtases m gfkr the dale oF Ille P,ice Lim,
cos! ol':1*al<r,Ells
Il,c
provided Iha, prices
Atl I no! mc rcage (b, any I,laine dwlng the terri
ofai:yIvlember I-Io,-ne['urehase Agree,nenr For
tlle pu,posei ol Il,is Seftion
8.O?, Liafc Pool Horneg, 38 dcftnecl in Secliotl 8.05, are COI,sidr:ed
io be s,H,Idl loines

'i
 Section 8,03 Pern,itthu[ [Link][Eg W'fh aspect ro e,3di f-]omel Di:ilder shall sutwm:
1(j S I Ol"3 hr,ilsingdcparln'Iel,t
F, sl?,?nda,d
perrii,T package which will include (he ilcms Ityled ori
Exhibit F, arld STOF shall r?xprd,Ic.
Ilic iF..fual,Cr: ol a
buildml#rern,ilal,d any outer re(luh'ed
Alter Ieceipl ol' d ?lu,M irudpr;t'Ii)11,
pcrmit:b. Builder will
diligenl[ypurwue con*,Uctior, and
Homc.
01'lbc ai;plicabl.:
c,i,nplcl??,.1

S<ction H.04 Myu-cls Homei,nd Sjlcfj-?!,me?AI,ei inslailn(ion rJT the

Comillimily
Builder Shall
l,)1,mgll'1:Ctt,Ie, commence coi,serpction of The number ol- model Homes and
SpeC
l lo"ies in ihe
spplicablcC?sivi,iturthy, as sei form in the Commui,ity'Itifrasrrwciufe Documenls
'll,e inrdel t-Ionie,.tliall tie
Le:jgc Pool Homes, provided tliolIhe C'lo?in8R>,
any model Hc,mes
Fhi,1! Utke
pla,eiln ll,e daie on wl, Ich Il,e {J'1,161,)g
gccurs with [o the [asc Home In the
respect
subjectChrml unily wllich 15 Tlol a m,jdel, Sl'or will Ilave th? opportunityto
de*,gnaieare
upgradesund / o, opilo,]:to be ineo, poraledinlf) Il,c i,i[,deJfro,n Ihe
oplioi,% p,,)v,dedby Builder
w,!Ill,1
lt-?e STOP shall pay fo, the (osl c,f'ttir,ijshi,ti:?
sub;ecrCr?inin,inil>'. ar?i [Link] fo, fhe
[Link].M [Link] [Link] [Link] mlcl 1 [Link] available ro
Members time in lime toHM emble
Me,itbc,s iu *'neel willl Ihcir'Ier,Jcr:; m
ieview and sign [Link]
lodr? doc:ut,it:matior,

Stuthin 8,05 I{omu and Membe.r

Leg,e I'f'nl Home, In co,incelion wtlh the
ISEualice ul elli:h C.m.,[Link],iei,1
No(ic.e, STOP 5/mll slrite the Iilimber ol Hnmc,: iu
hc b,im in suf h Cn,illl-,un,ty
[hat will (AJ Pw pureh?i?ed
by STOF?5 puut oi
Sl'OI- for inclusiuf, ill
' Iomes available Ie;
icar.c I,ySrl'O[; to its Me,Iibeis
C'Lease,PoolHoinc's"). (B) he purchased
or
dirwillyby individlwll retci,da's (''Membq,r 1-1(,Micfi") STOI? may revise Ihe: mi., ot Lewrse Pool
I lol,ie&and Mcmh:I Homes in
dny O?lnil,u,Iitp upon masonabJe notice io tjuilder,providedthal
1f sucl' ebui,[Link] dily iltcrease.d
pemm[ing,planlling, or Hdn,ln1st,:'ative
cost, then SI'of
shallm Mcll Iilrramd cilsl wilhili irirlyi3111cinya alier Sri?T'5 wIilm
DI Blilldei?'S
I-ei=eipi
Jeuumt fvhich shall bc ac(A}111
t>amed b> an atco unling ol iuoh incceased cos(A And reasonable
doi:(jrrieiilalion
with refpect (I)erclo

Seetioti ft.?6 Builder seleg aH subconttactors as are neuessan'

Subcpnlra?:toty sl,all
the 2('I,St,IJCLIOJ, ol tl,rpHomes tbr each
subject? (he
b,i
C'omriiur,I?y(euch# 21 ':Subegotraelor"),
oi' 5-TOF ,vhich shall no[ be
i,rr,lvval wl,hheld, and -subject
Illi,easo,I,9bly to Sl OF's rightto
imilinaio H Sul,co,imclor imin Ii,imyClnl
day8' advance notice in Builder. Within thiliy(3111
d#yg Mncr [Link]/1Cnli,[Link]
[Link];r,tNMicc, HLIildwshall (o S-fol' a Mvide
pl-f>Il,ifed
list ofeontreclwl-s ff,1the
Coinmunity, STOF shall notilyBuilder v,Uhin Ien
tll,rlicoble
liu) bwhinc55 days aner recciplo!- such list il- Mny of Lhe Subcorllroclors on
Sgch lisl are m,I
acceptable.11 S fOF tails k,
lirnf.'ly
r,ovidc it,ch Iiotiec, tlie,3Illa 1?Ol,tmciorg Orl Ihe list shall bf
deemed io Iiavc beer,
opproved by S'IOF.

Section 8.07 Mpmr ColnnlctioR I.).!f.

[Link],idcff completion,)f wns(ructio,i
wi eucli /Iom SJOF writh.M [Link];iulil?i?
Ililildersh,?lrsiend in IhHi :.Lich HIJM ig
compleik
(ei,(m, a "CWUJPIetinnNrdife'')Within even (7, husmcss days after receip{ora C,ilnplefion
Notice. STOP (with re,wcc t u) ciluh [Link] J'o,jlI ieille),t}le individual mcmber
(with respeci (o
dlie upi,lici,ble
Mc,Tll)ot'1-Iol,le},
the Tribal Inspecior (as to al] Homes)
and, If applicable, a
?'epi'[Link]?v,? by anr Ie,ider rliakitig
req,ilrtl with rcspe,etto (he Ho#r,e, shall
iln ilisured Io'a,i

such Home wiih Aui!dei,

iiispeui and Ihe pi,lic:shafl Juinilyprepare a punch Ilsl,B,Ailder 5hull
Lhcroalrcr cori-eci such punch list ilcm,4. Il'STOF, 1114 individual member, T-ribal Inspecu,fand
the lendcr repi'esenl alive, as
applic#IMc,
d(, riol inspeci wklt,,rvSuch severt (7) busiizcr,,day
period,
 il,eli ihe Hmme
ihHil Ii,z deaned cun?P/ei e M,e l Tiwl I,,spettor ch??ll ,Me a [Link] of
i,[Link]'y ol ul' such Hme, ML
aiui"UI,cni ci:riilmyiim .Jr Conipl,[Link]
Completion "Uom
/Z#1E?ili?11hcilw enillp.r DIilielil/IMiNB Iwlil? daiB .,Fi Miicl?ihE Humr.i, deemka comipleit.
or (h) Uw ,late o! Ihe Iv,st oj- the inspect,oi=?s
by S l'OF the md,vidual mt:inbei:,'rr,bal Ir,spei,Lcn
m,d Ike Iender repres=,iiative,id: ilppltcnble <jnclud,ng the Corre?tior, Df afl punch list
ilems)
NoiwiltkidnJingilk tbrogofi,g. il itit insuieJ ioai-L
MoEZI Jm vurgil,nr ivh;uh p iemi#.i .;, W
tillalicin!4
nl,Iv;,li[IB ft)1'(Me pttrdw,:e nl the Ilome permlt# moie thal, seven
(7) husihesi Jjy5 %0
such
nispldCI, 'Cri,]grs f-cprese;Il,illvi sl,Jll he Iifforde,j [Link] l'ea,nnable addllit,ral Iibnr
ae
Mmliui:d under rhe loan Nrngmm,

Seclion M 08 j'referenci. Sl OF
Jndtatl. [nd,arl ptefei'et,cc
ivizh regardlo Ihc
stit,port,
.Iibm,Iial orhillh ror by Mrms
Cn,ismkliurlrrrljects ihHI WE ai /Eafl 51% awncu by
Menibcrs, it-
iltc respce[,ve firtn {9 qualdlied*vith regard lo Ii,i:prc*zt:l trguif*menti, Aecri?-flingly-
Builde,
agree:i io atlol?d Ihe uppoi-lurti,y Alern I,crz who meel ill,: applicable
fo il,osc :[Link]
Flair,cl
niqu,rcmci,p. fo Nid f'or di,ect vmt'k to bte perlr,Irried as; a s,ibcor?t,aclo,, and lo cme, in,CI
:Ubt'f-"H 1 ac IN ,) i, I lie Eame WI 1113 nrtd cfir,t-l
iti,jr,kas f! Ihcj fllbeo n I rar:lcrs Gui I uf cir r lo (- the FrOJ ecf
As 1?5cd Iicl,il,?,
"qiltiilliC,1'
ne,il,f; ([,2,1,1 Mc,I,bcr (,i ,),e,t,[Link],bedtlrm can pro,ndc?oods o,
UI'/iu:. lil
coinp,1(ilivo
p?'Icca, I,a:. dct,i?ut,si,aledskill,5ell,] ali?Ihics io
perlbrm ihe (aik lo be
w,[Link] f? li,l,ch'Lmd acc:1,1+Abl,?
nl,1,1,1cr, Birifl
rA,I Ihe
,T,r:fll
appll,itli,17?. a,I,1
Il,iells?flg,
1?j?iui-:llici rfir],tlie,k?C,IU,

ARTICLE IY
CLOS?CS
S vction 9,01 Clojting Ei,ch ot'lhc c<,r,veyartcesdescribed tr, Ihls Section is ieferrc.J
iIXM.111 a, ft
'10/HNBB-

(A) Clflijn'.'*
Ior l-?:@ScTuol -:[gmes. after l/H isslmlice ni Gacl,
I'rotnptly
Lnnt,liuliliy [Link],et,i Nntile, [Link] AIN STOI. Nhall e ycculc a
rut,!innali<,nmoticc jn
a,izicliedi:5 E.W,ililG (cach a 'Lease Pool ]Iornc
tile ftlilii
CotjfirmaliotNollee") whieh thai]
cei r:iM? iM?
HMilirahleIci, IILAI,iLiL*I:
pfiuR. Hr?IiC imdel. and iJMims. Wilhin Mve iSimmefds
Dale of a [Link] Pool Honlc. the
d:,ys after Il-,c Il,),l,c C(lr,Ipletic,n shell occur: (i)
rollntvirl]R
Bui kte, sh.91 I c,inrey to STOP vii, I)i[l of sale l[* Lease Pool Manie a,Id
any penk,nal propeily
Inc/Iided n/h illir [Link]?e Ihol Ilme. Iiil ljuildc.r 3*,Hll
lir:,vi,ie a /Iam? mrraniy WSMF
co,is,slenl with ille wrmrrilr,lythen pmvided by 84,ilder n? Il, CU%tom*rv olltsille Tribal Lands
Wilhi n ine Slatenr Florida,(iii) to S i-OF Hll mar,I,facluier'swmnliaand
ilui liler sliall prc,?,ide.

op#:Ialin-gmalluals,(iv) tl changes havv occurred ijor,t the oa-,ginal pet-nilttedplgns, then Builder
thail provide to S I'OF a Eci of modilied
plans, and (v) STOP dlall ti, Buil,le,the f,Ii?o?.mt due
pay
for the Lose Pool Home as gel forlh ori ihf: Prigc List oi cffe,:tort (he dale Ihe Lease l't.,ol
Hollie
Conlimilinn [Link]

(B) Io, Member I

C'!1&1!1*s jr,rn*Boitder shall markel U,e Mclnbcr Homes R,I
M?Umry oiily by Meinbcis Wln Irave qwillie.d1*I [Link] wiln rhe 17ualimdliun
Fhbcedui'tv. providr Builder wilh a Hst (,l Menihers who I,Rvc satisfied the
Sl'(JI? $huk]

QimlilleationProeedurcs for Ihe aeqltiztmon oi a Metnbe, 1 lomc, as well as col,[act ritormarlon

[br such Mcr,i beis Builtlcl shall enter inlr}
ag,eemenls with Member? in the form atta,:bed as
Eknlbll H Ieacli.A NlwmhcrHDmf Purkrhase
Aer?.Lmeml??i i?hicl7?iail moviJe. umun# oim
 'Ilik,gi
Tlial kvithl?i live %3 ) business deyb ait,t., Ihe J[orr,e Dale ,)i a Mejribtr Borne,
Corrtj,ic:1101,
ilu: i,illowi!?eshall occur' (i} STOF m,LI Ilw: Alenlbc.r shall entu into a I,o,neslie
Ieafc m
#4?u,dance; W/[Link] Mocedurf,,f,iill
?Iliklfir sliall
cokiveyw illeMember f,iH Gill ufial<- ilie
Ivl:,nber I Iu,nc Br,d any c,cncinal piropcr(y incli,de?d wllh (he Member Ilom: i,ii)Bu,ide, sl,ali
tlrovideIv (he Mciribei n I{c,me
warranty cotlsis,enl with the w,,1 raoly ll,etiprovidedby Buikicr
Ii,IIS<kr5*vimi:[Link] [Link]. rilillinH.C [Link] nrfluririp Ci, ? H.,irH?r
iDihd shHJiMDViHr
1\'[Link]
ajl meilulijclzire,<i
wat'Iai,tiei 811d
oI'C,atl,Ig
nml,u;Lth,
lv) I?'[Link]?ngejl
!?HVr or?utled Ih,ni
Ilk VIIKI,ikil
pkrmilmJ [Link].7rmildcr shall Millc in tm [Link] J gel 01 imdiried plyns,
ivlJ IM MPAUMr 5/iull pay w Builder ihe gini,uni dne as fa fo,Iil ili the Mmher Hume. Pill-chase
,'\#[Link] I Wi) Ir% Il,e f?xtcnl l}:nl [i Menlbr, ,)bl:,insa Ioa,1 to finai,ct the .i,noul,l due,
/INiMI mid 31nr Will il?MPIV IWIHih..00451005 nl aliy aPPIia?.M011150rmJ ihiali 01081aili.
w'ovd,:dthere is nu Log, 0 Builder

(C,j Clcs],igi fof U-JiacquliedAAeTnber Hoitig. Bl,ildei Wili

provide Ic, STf)1? a
.,i,1.,(h?y
Lcpu,L 9! (Iie :iatii5 ?1f sales 0i Mll Mem/Jer Ill,nlcs. fl i?n, MC,r,bel I-li,FFi'Yli 7IL,I
ronv,:yed (o a [Link], purfi:ant Ic, Se:tion 9.01(B, (or gi,y reason or reason (othcr ll,aflu
rio
Ifu,Ider'f i,s defined
[Link]'.'1, u, Scci,or, I j 01 ) l'?U0*cqulred. Atslnbcr H.o-NB"), then such
UIiBELilliM Mtri,Ixer [Link] fliull he ir?albd ,)ti B Lealie P,iol Hnme. and STOF fhall bt
obligaie,J
Iit
*,cwi,c guch lJ'tacq,I.,e,[ K?Iembet 1!olll[ p?l,!iual,110 Setl,On 9,0I(A) w,IH.q one hilnd,..:(1
Il HC/1 d;iyvalicl tlie [Link]
Fiv,1313 [Link].r, Ddie Ul 91Kh Unacquimd Mmt,cr [Link]. Tl,k:
h,
pti(k: h,: i,at?i1,,k s,pih Unae,lwi,edMember on
I-laine :,I,nllbe aa #r:t ft,rll, me I'rke L,&1 in
rl" 'he I I,Ifl,UCt#,I,ple('0'1
ell>:r-,-( Du(e, plus Ihe I'.,sls or similar [:,)5-ts; irl,-Itided
ol afiy i,ptiol,% I,1

Iloillc,
Illc i,1,1,
tilleresl 1-Ili 5,1cl, prke zll 11-,e rele C,I'lnelve
ticlr:,1( l'1 2%) 1]e, Ntlnw?,1? [1'OIl1 111?
ftrSt
tt,IHy O
l"I day alter the I i?,mc Col,wlel,on Dolt tl,fough Ihe Jaic of Clo:Ir,g
1"
C F,1*equ,red
Member Humr [Link]"1, [Link]-lrihe Uni?cquim MEinbcr hume. wAs Ihe
subjeci00 8 Mentbm' I Inine I'L,ecl,asc Agreei),eniwhere die inr.-ilpber
tholl failed to Iimctyclose,if
SIOF ourchases s?ll.h [Link]-:ircd MM/Wr [Link]?c Will,in ihirty C30)
days ilr 1/le Hmt
[Link] pul'eha,He Mce shall be thE purcl:aseptice se.i Mnl,inil,e Meinber Home
l'i,rchase Agreement and any and -all depositspaid b> or on behalf of the Meniber and fccewed
by Bi,ildei' thall be c,cJ,ted ?o STOF o, closing. <iokwilh%(anding t]Tr
foregomg,Sl OPs
uhliEHLini,IU Milim ine IniuuiulikclMrilibcil Ji,Iile,.hfJ/Ii:i,ni;Wieir Ci) MembeT [Link] a FI

Mc"i W.i 1 In Mgi pli rc /Ii, 5e Ag,-eerr iciil jui rl,e ac quisi
Ml:mbci I{ome I;?.i,(:ha?cAgl'ec,Iicnl
Iion nrmunac
gilirer.M [Link] the
) MMI
the payn,ei,i to Iktildcr c?fthe
illcfu(It'; Unacquired Member
1 laine [Link] ctoh'inywl,de, %,lel, Member i-Ior,iePu,c-hase
9]id (li:]
k'ilel'(,Al, Ael'eeri,en, ,)rcurs
w'inil' .nw I,wntmi cikrlily 111401 dm Daie of g.,ICI, Uimguiled
71/Cr Ilm. Jlrilil,2(Z,in,niellom
NGrmmi 11.,INK

Si-et ion 9.02 Carrvinit Co,f ts. [f Builder is delnyed in tileco,2:,iri,cliono f imy florrie,
due In *liol-,& of STOI-, inch,dingb
delay under Sectie,n 6,06 lbLJI os Ii, a delay itt,rle,Se:ctlr,n
6.{16,only lo the [Link] ,;ame co,zrinucs beyo?ld tl,iTIy (30) days),l,heuBuilder shall so nolify
STOE, al,CI 5'['OF wifi iewlbut,e Bt,?Ider i'r,Ieari'>'ingcosl? i,ie?t,'r:d by Bu-Ider
MHiLAble Mil.,d orur/[Link] ilic rk3+? oi Iwelm. Pcrvmd 11
oil Ilie dfite ilf, wl,Jcli BMIdei i,oiifies
Inf.L,l i-erl,siartiilg
M sitel,

FcrimnuMMA/I BM/Del [Link]/5

STOP [r) xvr,li,lg
Ot 8-Lt?hdelay (C,r,Jn the
dijring

"
1 1
di,yail,tr vtleh no,Icc as lo 8 delay wilder Secllon [Link]). Such payment d,all be made ,vilhln
ihire (30) doys altcr STOP's *'ecci?I
ijl-I;uilder'9 wrlll?:n demand. u,h,ch shall be
accompanied
by MI *aulil,Iilig Ai,d l'eHs<,[Link]
-csfecr thertto,

'
 ARTICLE X
INITIAL COMMUNITIES

Section 1([Link] Ma-Izle'['.fri)nvrtv. The 1-ribalReddential Lands mctude, without

Iitiiitation?fhe jand known ag the ;'Mable T described on Exhibit 1, within Ihr
I'ronert-" Big
Cy,ircssItersfrvation. This Agreement shall cunstilue lhe Conlrnunhy Conlmcrleemen[
Notice
ior- the Mable 1 Iduildershall buitd on tile Mable T
I'ri,Fcriy, Propertythtrty-two
Pool (32)Lrage
I lolneti ot, A,e lois
dcstl#,mtcd "Res ide),ce, By Lenimt" on Eah&!Ll STOF shall be the
Pw ty
Jrll'raflruelure for the Mable T P,opcity.

Seeliun It).,12
Scminole,Itarl..
rlle i-tibal Resjdenttal Lands Include. wilhout
ihc [ond known as
Iiini{ai,on, Park Plpr,crtr"
the
?'Stnljpete desc,ibcd on Exhibit j, wi Illinthe
Hollywood Raerva(ion. 1 bis Agreement sholl constitute the Comi:li,I?ity Commer,cemenl Notice
tor Ihe Se,IzinolePark Builder 51,allbuild or, the Seminole Park
Propcrty. Properly to,Iy-s,x(46)
Member I-Ioo,es on the locs desigrtnied
"Rcside,iecs Built By Leimar" un Exhibit J STOF st,all
be the Infi'astfutturcPai'lyfor the Se;ninole Park
l'roi,erty

Scedlon l 0.03 Lakcla{,d Pronert?-.The Ttihal Residential I.atid9 include, without

known
[Link]
Ihe ]?md
Ii,)?itotio,i,
lands.
as the "Lakeland Prope, rv" described on
E,hiblt within the K
1 i usi lhis Agreemem sli,Il conslitulc tile Coni,nonily Commei,cemenl Nolice
IM iuhcJai,d i?mcriy Iluildci shrail Milm un ihc [Link]
filr
[Link]
C37)
Munbe, i Iomc, on the lots dcfignalcd
By Unnar" ott Eih?iLK. Sl OF shall
tlttilt
-'Rc:;idc,H:c,s
be Ihc liilieisliuulirc
Iialiy
Ini ilic I *:kclamd Proricrly.

Section l0,04 IE!-lldl Erhibits l,J and K

-'
Dcvcl<,pmet?t Or,(itu'. &[Link]
designate
cci'Iair, Ii,ts us j rjba]
Dewlopilml Optiot,? wl)ich It>1% referred 10 35 the 1&TDO
(}")?ireinatlCI
L?") arc &11 additinn to [[Link]-idcsigt,aled tt,rBnilder as described in Sectiuns 10.01,10.02 and
10.03. SIOF ?ilonc shall have the r,ghtto [Link])$trtlctIlome; for its Mernbers
on the i-DO Lo(.
[Link];a Cot,ilni,nily
Comilielicetnent Noticc [Link]) a desigrtation
releasing some ?r
ill ol'ilie If)O lois Irot,2 (i?i.5
j,ghl ol STOE, the issuai,ee of a Community Commellcernem
Noi,ci: (i,irluding,
but i,ot Iit,1;icd
lo, those set Iorth if, SCctioll) I 0.<jI, 10 02 and ID.03 set Coflb

h*reirti?bove>,
thall no, be decincd ID
gram Buildc, any righllo build Homes upon the TDO Lots,
STOP may, bul shall nol be obligated
Froj,i Itnie lo Iuuc,
to, pjovide written notice to Builder
gpceifying ee,Win EDO [Link]: whkh aN released from tliisr**trictionjn ordel- thkit
Bi?ildermay
consfroei Homes thereon. This Aghl reserved to S JOF wllh
respecl lo IDO i.015 shall apply to
och Community included it,this Agrecincnlfbr wl,Icb there art it>O Lols set forth ?n the titd
pioi, exhibit Wilkh shallaecolnpaizy l/ie Coli,milnity
C,jmirieik:nitnt Noilcc

ARTICLE XI
COMMUNITY OPERATION
Bi,&]der shall developthe tand and seh liomes in each
Commuililyin a mariner similar li>
ihl. operation nl Btlildci''5con,nilknilies ouigide 'Iiibal Lands Mihin Ihe Siate of Florida Merc
shall be Iio I-,onieow,icrs'oi sit,Nierassociation in
any Com,nunily unless STOP requires same,
'IA which casc Thc Ioi Inalion and ope, aiion of st,Kh association shall bc 8, STOF's sofe cosl ntul

I0
 iespoi,ribiljly.
In tile ahsc,ice ol*any Associzlion,a]1
Coml,[Link]?Fty maintenance and operationcosls
ai UOF's sole cosl and
Shall bc and BL,ilder w'ill cooperale with the same.
responsibilily,

ARTICLEXII
FORCE MAJEURK
lt the
performanceby either party of uny or its obhgalions here,indev is
delayedby
ndmral disaster, *errel tst ac'tivi,y,
wiu, labor dispute,governn,emaldelayo, olhor mailer beyond
(hc cont,-o! ol' such pmy. wi?houl such
party's faull or T,egllgentc,
iben the deadline for
completionor such obligationshall be cjacx,ded by a like number or
days The foregoing
shall
imilmlylu riiiy obligalion
iopaylimicy ducliereHndr.r.

ARTICI.F. XIII
DEFAULT. REMEDJEi. AND MEDJATIOO
Section 13,0] Default
!)uild?r's In Ihe event of any delhull by Builder
("Builder'A
S'iOF
I),Bull"), shnll be [Link] lo leiiniralc 11}is Agreement ir, the evenl olhucll Icrminaljon,
Huildci shall aSsign h) S'I OF, to Ihc cxlenl
dssignableand wilhoul
any rcpresentatfoiz nr
warrantyj ell Jl' Otl,Idcr
t'iglkts ulider the Approvalsand wilder a[,y plans, Consuliani
Cont,acls,
Member ilililicl'uidiast [Link]/MSTOF will be able
Cnm:.IrliclilmCoi,irati.g.:icid
to eomple<e rlll FlAmes theri under Conslruclion.
A]temabvcly, STO]- shall have the rightto
icqtlilcBL,ilder lo con*Ietc nll 1 1(,me: tl,et, ul,dcr cotlslructjon puri:ua.t tp the terms or thls
Agrecinent: Iipon rotriplofti,nand Closingol said Homes, thl, lihall ler,hinale and
Agreei,icnl
I,cltl,er
pa,ly shall havv any runhe, l?bilily hcl'eundct.

Section 13.1)2 STOF's 1)cfaijli. Iii the eveiil ol'

any defam by STOF {"STOF'B
Dornuli"), [Link] bc cnibilcd lo ilrminalc itlis
[Link] bc fullyrtimbursed for 2[l
l:Ovts and exrei,Ne?i Incl,tred
lh]0ughIhe date (d tcv,1}inalion,
and In all remedies available at law
m' in Mmily,
inclildiligMIMWI IimiIAIi,[Link]]?CI Iic i,crforn?Hncc,iziullclivereliefand damages.

Secijor, 13.03 Nvtiee [Link] .Cj,rc.

l)*I,[Link]
take ni, acrinrt wiih respect to 8 Sl'OF's
Default,and S l'OI- shidl lake nn aclion wi[h t'espect Ic, a Builder'%
Defsult, until the non-
deluulli,lg parly has given written notke lo (he delhulling party mild the del'aultlng
pllrlyhas
Falled (o cure Ihc delauli within (Iic
The cure periodst,all bc (A) five (5)
curt period.
applicable
husti,cgf days wtih rcspeel to a k'ailuri
party to perform,ts ob!ig*(ionswith respect <o a
by ettl,el'
Closing,(B) iwo (2) t?t,sines days with resp? to STOF's exccu(ien of?docurnents
regue,ikdin
nitttieetionwlih IIie Approvalpi-oeess in accordance with
Sec(ion 6,02,(C) two business (2) days
emh respect to SIOI"9 ihjiuru lo pay a Reillibursemcnl Amoonr, or (D) thirly(30) days wilh
rmmlicdlol/Nrobli#nlivns.

Section I 3,04
.!Jcdlatioo

IAI Nuthilw cnniuinf,d il: ihis AwemieN ahall be Uemed or conglrued Iu

conslirule consent on d,c part of Sl'OF or Builder lo orbit,Bte Itrtyt11atkr or
disputezand nolhing
contained herei,1 5h'etlj
be dcem,d or consti ucd 10 COn31;lule an
part of
or Intent on the
obligation
STOF or Bllilder to aibitrateelny mailer or dispi,tewh?Isoevcr

11
 CB) TMs
AgrcoNFi,i sihallhc l,IIMIW byilie laws oi IFie Staieof Flmidaand
by such lnm nl of Alncrica 35 orc [Link] as ollierwige nofed below.
lhc Uililcd Siaies
by re fet ring(o fbderal law Arld the laws oftt,e State of Floridattlus
Agreement is noi, intended Io,
und doeg nor A) incurporate ally adnlinfsirative or other resolution
disptlte t,rocedure?.onlatned
tlie,ein; S l'OF, Builder. or the Ttiha] Reside r,Iial Lands to the jurisdiction
(il) subject
of the Stttre
of Aorido or ils courts i,I adlnil,is[,?tive bodies; or (i)i)gram the Sl@le of Fbrjda jurisdiclion
over this Agree,nei,t Any con<roversy or claim
arising oul Of orrelaliug to this
Agreerncntor the
?nllegedbreach Illerer>fshallbe resolved in ihc marjner set forlh below

(C) Tile parties

shall lirila((e,npl to [Link] any contl ovei'sy or claim
arising
nui nr vr rclalingIo tllis
[Link] Thcallcgeubieack [Link] Iicgolisi ingm Boad fail/3
Br A pcl'iodnot to exceed fhirty(30) days with each fiber w,(h 3 view toward
resolvingtheir
disp,ltcvolui,tarily If the
volwllaryeFfoy[$ of The panics al direct fail,the negufiations panics
d,all ihen si,bmil {he dispute
to mediali(>ti,
ag sci l'orthbelow

(D) Such t,iediationshall iake placefvit}iinsi,(y (60) days after the fatli,reol'
beiNKCn Il,c
Mi/ulilai Y Iicgoti:Iilmik
pamic:..Under iyo eimmhmccs MIl the [Link]<ln maie
az a ivilive'roi Irib?if Sovci'[Link] may be initiated by c[Ihcr pa,ty upon (en
(IO) days' wrtlten I,Ollce to ih, orliei pal"ly Ali ri,edintion shall be held *t the
proceeditlgl
Adlimmislr;IlivcOlficcs ni- S fnli witilin Ihc cogifiliesol Aroward County iiithe Simeoffiorwa
Sekctipn of (hc Mediator shall be subjectto the niutiaj agiccmtnl ot tile parties.11, the
allcnia:ive,Ilw Mcditilor ufha]Ibc selcclcd by a neutral Ihlrd party. Tho Mediator shall be
Board
Ccj Iblied in Coi,struetion law o, o fonner metllbcr of the Florida with backgroundin
judiciary
cei,?i'i,ctioncascs. The ri,rlicsand Ihe Mcdialor shall maintain slricl
conftdentialilywith respect
to anj mediation
proceeding. Nothirigthat IratispIrcs the mediation
dtirin,! proceeding is intended
nl an> way gt, nllccl Ihe tighl.s ke Iliepofjlliun
or prejt,d ot any of lhe partieste the
digpuieIn any
'illei'Jilictoie,i The Medlah,r A ouihurized to e{,d Ihe Incdlalion whenever
ui ollicr pir,eced&:ig.
ktithci ellorts DI niedinfior ivould not icaion?bly contribute lo o Iesoluliorl ot the dispute
berwecu the pmi ties A wt ittcn feporl Ol tl,c ti,edbalion
process will nol be prepared by (he
[Link] sha/1 bf 110 recom. emimnic or [Link] .riw,HIion
Me
mceedilili.
Mediator's Ibe or Iinie charge ra will be estabjished time of selection or appointment.
at Ihe
t he expeltses ol wimessws Ior either il'anh
51,Ie, shall be paid by the party
prov?dingsuch
Wil?iC55es. Al! othe, expenses of Ilie r,Iedialio,i,
illcludingrequiredtravel and other expenses of
Ihe Mediator or the cost of
dliy proofs or expert advice produced at the direct Tequest of Ihe
Media[64 ?hilllbe shared equallyby the parties unless the, agrq: otherwise. Neither
party shall
ill>Iililie nor other
Iiligatinil while lhe mediation pioceeding is pending,
proceedings howevet, a
pai ty i,iay *vi(hdrnw at *t,y time fivin the Aledh?Iiotl proceedingby wrinen notice (o
providlrig
Il,C [Link]:,r ai,d in Ihc oihcr Mriy

(L> Any W]itlen seltlelilw,ilagl'cclp?etit 01 lhe parties [llnt [Link]& Fr0!TT

mediation .hnll bc Iinal Qnd binding m,ce futlyexecuted, and ?he contents of which
shall he.
The rlled,atien
),laint,lincdl,I sti'ict eonllden[lalhy rhall be deerned terminated it,and
pl'oceeding
whcll ,<i) lh{: pa, ties liavc nol exewted w, itten settlcnleni
a
agreement Within tbrty-live
(45) days
conclusion of
lk}Ilow,ng Ille mediation tilr,mtl meeting (*hicli deadlinc tnity be tKtended
by
mutual aglcomenl), oi (it) eil Aet' parly serves on the other party and l,r, Ihe Mediator *ritteo

'7
 notice c>fwilhdrl,iva]Iiuili tile Hhe [Link] shall applyiillFippjieablc
Fioceedilig laws and ,-ulex
of procwdur<,jf any, bn
condticli,Igtl,c IT,ediauon
proceedings. and in assessing ihe respective
posilionsof each party io Hie incdialioN in arl offuri lo
bring *botit a vollmlaryreyotlitionoy 1hg
dispuic,In addilim 10 M- furtgoing and exccpi as noied below, contained herein is
t,othing
intended to constitute a cnnscnl or
agreernent on Ihe part of STOF or Builde, lo be subjr;ai,j
partisipaieiilzny Icgalrimccding I<, rcsolvemy 4;[Link]
disme arisingOili iror
Ii,Ihis
ielaliliB ngrctillmlniHnyalleBed
bRach IhercNi

Ilil 11 H dispulecgmol be [Link],sd HF a re?uli

[Link] venue ghikll
be pioper m (hc U.S. Dlsll icl Cou,I for Ihe
Southern Dislricl ol FlorRie. Arowerd
Or the Floi;da Cttv:uit Courl l'orthe 17 hidicial
Cotinty
Divisioni ?Il

Circuit,both with applicable appellale

jurisdieilon
(hercallerif rcqwired.

(G) of
If either the
parliebcom,nences a lawsul, or other legalproceedi,ig
agahistilie otlici'par(y ci,fufeethe provisions
to of this
Agreemerttor ai; a result of (he other
pat ly b breach
alleged thereof,the
jloi,-prevailing
rarly shall pay ihe tcasortablc fees
Btrorneys'
mid court cosls rrluw-red by Ille
p,rvalling
party. If STO[ is charged with a breach of this
AHMniEHi ai,d :1/Iolhcrco,Wilio:is
Prcacdcillioihcassciyil,n
Qr 8 clalni
bckn iuilym.=l. Ihe (ni),Plidilil ormrilingoriNilhave
nr chr1rgiligdnfc,IHCIH tllcd hy l3uilder shall ff.I iorlh [Link] and
cvery ftlctai,d xl)nllliteh,dc,by ivay ol atwcl,tnen(, oach And cvel'y dooillnem upon which its
alif?Alil,MurhmchiliR rrbdicalcd. Earli Bmd cvcry iHCiualallegalionmiailiedin ilie comptaini
or chavgit,g int,51 be [Link] oalh
do(:<,nig,Il

(Ii) h
undcrsiood ai,d agreedLhai by exel'U(ittk
is
Ihis Agieement El'OF does
nol waivc. Ii,nitor
modify1?S sovereignty o, iu, tr ba! sovereignimmunilyfrom suit or from the
asserfjun oj any claim agalnsl il in
any cm,rl or tl'ibi,t?!U
whatsoever unless Ihe Tribal Collncil of'
5/OIi dillycna,is CI,I [Link] or A [Link]. in Icgi,1scgsimi auihi,IiZiTiB
a Iimited #valveT of
t, ihal
.AOV,reigti
[ll?Il,Lil,ily
*vhiell conforms, Lr, Inrm ar,d in
substance, to the :'equirements of
Ii[bal Ordinancc C-01.95
rcgardli;g tribal
sovereign inlmunity An) Iinit[ed waiver ol the
savelc,gn jilim,inityoi- STOF ?.liall911!t,)
bt suhjecl In the
tl?liowi,1!f.

Cil IM Iimilcd mlvcrmlibc based soiclyHpon a ciaimihpiSrur

Iius micriy [Link] ils nhligittiOI;%
iklidci the IEr,ns aHO cmdilion.s oi Ihis
agreement .

(ll) The Ii,uited waivh may only be asserted

by Ihe party tr; #rec,t
wiih
privity STO'7. h shall Iiot t}c
i,sbigmtblc,

Ii
 (ni) The Ji,nited waiver shall I,ol be effective unless And umil the
palt,es have I-irsl
ekhau.,ted Il,edisf,ule
resolution proctdi,[Link] l'onh lf] Il,19Arl,ch: XHI
Thr liu,ilcclWawer fhall Le ti,rli?edlo actual damages which have been i,Icun'td
lh, dale ol anv clailn asserted Ihe Iimi?e{1 wc,i#,er ol' ti
fl,rolt?h
ibal 3(,vcre,gn ll,imunlly shall not
m
I,el-l?'lin ally i:Jai,1,Ihr punllivedanwtges,

ARTICLE X[V
Irg'ENI'[Link]']7'ED

ARTICLE %?'
INDEMNI-IY

SMM [Link] Srori/LBUMincs AI/WO,h [Link] bysnjl mrsilaillinimf

AgreCI"eiwl sl,i,Jtbe m the xolc [Link]' S'1'OF SU'()1- Ehall,lo Ihe fullestextcnl per'rrt?tlttd
b> law,
del'end all claims Ihigugh legal cowisel reasonnbJysalisluctory
lo Bc,ldeT,and it?demmfv and
Iiold Builder, it# I,iembcre and olliliated 0(,Inpanies
a,rd eal@h Bf Iheir agerils,
employeej und
?*.,[Link] ICH/IC?Iivcly
[Link].1 10 15 //Isildl?r Ind?mnilcej?) bamle.85 1?MM ?r.d agaiv:i
each un,1 l,It ol' the I;.,Ilowli,g:
a,iy Llt,im,]Iiibility,Ioss, dan,age, cos(, expmrlsi, inellidir,&
lines or
;illonicys'Icc'A av.'JJ-ds, o, Il of Ihe
?b,dgl,i<tnl5
arifit,lg or wl Ilft,1
r,eghgtlloc mikondtlcl ,if
S [-OF In rerfol'1(i,fig
:ts
4;,bligalir,ns
[itreui,der,inctudi!,g
wfll,our [Link]?on,
death bodily or m
i'Guo,n,1 inill,
y Eo pel3<ms, In]ury (}l d.-,nlt,ge 10 1an?:ib!c Ihe
Iy, it?clvdinit
1:1,'opc, loss Q[' use
;hereli:,it:,
c?rJ;,%;ruuliti,i
del'ec,Is, othei to:i:. damage-
,-,I
orexpense, Iegarctlessol #vhelhe, if is
cau,ir:d i,i by ol
par, ui,J, I},c !]uilde, i,,de,i,,U,ces; I,owever. S
pi'ovid,d, [OF sl,n]I not be
obligatedlo indc,niiilj'
Uie Builder l,ldtmmlecs ivllh rl!*pcelto dw,jlages
wli,ch are ultimalely
dctei,nirt[:d in he due (t} the sotc or
[Link]?ce wifliul misconduc, uf of the. Builder
any
]Hdr,tlililr:es
nl resultingirom rlefeos in by any of
design fili-tibv]ied the Builder Lndenw?itees.
%'I F..4-Ii,rlherIiu,eby indcn,t,il-iesar?d Iiolds Ilio
[l,i:Idcr I,jdern,101ecsh,1,1111exs MM 111/MJWY.
[Link]. Mmi.N m?[Link] w HU?Mg? 4es aRd cuum wo?1;
Iioi,1ihe MMWil-itt
resulting

(A i
[Link]
lili actpvilies perfomcd t)y ihird Durties linder Mie
Co?&*M Cor,ti-acts
C H) 1
Iaza]'douj mc cxlem inli'oduccd by Builder nr any
Substatw.*5, [o
I:rccpt
the piesence ot a,i>'
R[,beo,ifj'aelot-, f !,?;Eird{,kts
Sitbstanccs above, below, on, oi wirkiii Mc Tribal
Msv. ?.ale. 51MBe
[Link]. plid ailv Ii) M?IUiil?[Link])1+1&.
fiar,Jlilig.
irkznspf,Iiarid/Ori?[Link]
.

ol' ai,y I I;i-zardous Subgance on

Tribal [Link], or (b) failuic by S rOF to
comply w,th any
local, slale or Iedernl er,vlromncntal laws,
apr''Ieahle or adminis,rative or
Kegulalio,B,oi'clilla,iceig
judicialorders r?:laling to Ille gcneralioli, reoyclrn
4;, ,?cuf,g sale, Ntor'MU), tiandlmg.
transport
a,Jd/or dispi-,so!
ol H] iy HazaJ-dol:i Substac,c.e,As used herein, 1he lefnl
"H-aza:dousSgbstanre"
mean: aliy swbsl,allceoi '?7nlerinldelit}ed c,r as a hazardous cr ioxic
designated wasle, material or
sllhzlanee,chert,icnlcont?inindnl, other similar Ierrn, deeincd k, be iuch
I,r
by any federal,slate
or local cnvip'omncnraj Eilaiuie,
tcgktlntir,n
ol ordinance
preser,dyor hereafter in effect 85 Suc.h
3(auirts, Or ordinances tnay bc amended l'rorn time lo Ome.
regulnlions

IA
 SC,lion IS.9-Z /.[Link] All Work UI,deliohen by Builder
In..Ifnli,ilte.Y. phil'sumt to lili.
1\*Lcemcr,1, Illall t?T Iil rl'C Eolc ,isk ol' t3uildei Bu;Ider sl,Dll,
?o Illt> I?[Link](
by
p,3rttl?e,j
Iaiu, ,Jeleizd o!.1i:]ddm 3
Iegelc/JU nf7/ Mawnablf 6*Iislarwmi iu [Link] [Link]
0?1,'<i,igh
h,11,1 S'I'OF,its Meinber; and ilflilia,edcompanies Mr:d each of their
Bge,t,s, cmployeci- and
repi'e:?entimves(eol?ec?'el> io as ;3TOF
i-ef'ci'i'cd Indei,umee,'B harrMIC63 ftom and p,]ia?nsl
e,-.'JI amn/I UI- the
Miy daim.
rolli,wirigi Iiabilily, Mil, CKMSn, Im/uding
Inss, l.k,ITIMKR,
Brl?OI'AeyS' rbcs, A#W]it]5, Illirs.
o]'
Iildgtrlcnl, arising nul r,??ilie negl Igellce Ir *Il]Iill 11-eibconclticl
,
Of
liuil,Jei In pti lorrn
ind iTS 1]bliga,lirinihc,eli,?dci, includirlg de?ili or
w,Illol?i Ii,1)ifK(jon,
buddy or
peg':,orldlinjurv Iri peiaons, ir,ivi)' or da,nngt to fangitil:
[Link], I,iclt,ding the Igss of \1:,e
Illclcllolli,Co,fflt,Ictiondel'ct,9, or Oili.:T Iosj,dainagf bir of wheiher H is
evpertsc..rchaldlc-ss
C:mbed h, pal-I Dy d,IY el' tile Sl-OF
tltdef,trlilecs, provided,however, Builder shal) i,ol bi
otiligitfed ui
i,idclrlr,Ityilie Sf OI imicilinileeg with
rexpecl ici damages which are ultimt,tely
dcic, imnecl m he d:i? Ui Ihc .:,L,Ie.
i?gligeiko or *vll?I-UI illbfconducf of B,IY' ol the S [OF
Ind e,)i "ee< ,), d eleet 5 in 3 esi c t, l'u,
I'rofll
[Link],<,it nislied by :iT,v of Ih e S FOF 1Iidemi,ilees

AR'r]CLF. XVI
NOTICE AND ADI)MESSKS
. I.4

MI
nollce5 l'eqlll,C'[?Or deslred to be
t..ven Llnde, (hLs Agrcertkn, sl,all bc h, wfit,n#atlll
v,ll,ci h;ind-dclivcrod,*bl senl by cei,[Link]#ul relurli receIDI
{,))
rtqbesled. (b fer,1 v,a Fedfih
,

45, :.il,?ila,
e-(:,-iliybl
set Vice, or (d)Ae,It vhi eleco'onie
ma;l, so IOT,g89 no[;ce 1!; fllso provided
Illio,igb viltlci' lb} o, (O a, hi:re, r, described. Alt no,]trs ghall be addressed to
titeiliocr([1-),
Ih,:
pm-ty being r,(.,IiL:ed. a,id -,Ilnllli,?dccmed Ic, hrtve beei,
given (0 whel, debve,red,If hand
by
delivcty:(i,)Nti'oe (.i.)
bltj'mcsSday!;nftwl'deposit iii m U.S Posl OI-Ike e, off'ieial
letter I,ox,If
sent N Cem/IiW M:,il,lili)oik iii busimt
duy [Link] aemsiled li, a Fed[ix o, Similur
C,vc'I'nigh!
Ser'.,ice or (iv)*ipoli I,-;Ini,Ilixji,,il
di:TK,silmy,
Iiolke =. s Ilall [Link] Md ?}, selit
by seilde, , f sertl v, o e,er,lrt,T,ic marl, All
umid rn r ihc spur.i
Iict' 9&,<,i Lei)y ihe
My gm f,E 11(,Ilcp.,A,W
[Link] aslillmmi
[Link]

5 '1Of SEM[NOLIi TRIBE OF Fl ORIOA

0365 Tall Sirect,Si,jle )008,A
[l,[Link] 33024
lekrlmc No..iD.74)906.530U.L?.[Link]
IMTP
Alln'. [Link] i)iNctor at 7'ri/HI r.?Mr,Iur1,iy
In VEimmu
E.-Maili derekkg'4:iu se,a?[Link]-N'

L SI:.MINC)1.E 71<IBF OF FLORIN,1

'

Road
0300 SI,rling
33024
I Iollvu'ood,/?1,?rida

No. (9541967-395(I
l'elcplirme
A,l,n. ' 'ibal Gei,eral Cow,sel
P.-MAil.
illnflniEM..07111il?[Link]

Il
 13[jILDER. [Link] HOMES, LLC
99 SE Ml?le# Boulevard,Swhe ?20
Boca Raton, Flofida 33432
lelephontNo. (561) 998.9200
Attn Fred El. Rolhn,ali,
Regional Ii'esident
[Link]. IiedJ'R.}thmiin
tlde'1'jar
.c{)(U

Ci,py To? LENNAR CDR PORATION

700 NW I0?th Avenue -
4tli Floor
Minmt Florida 33172
AI[Ii: General Coul,sel
[Link]<18?I?ilrM?931
CL,py M. GREENBERGTRAUR;(i P A.
777 Soi,lh Flagter
Drive,Suile 300 East
West Palm Beach, Florida 3]401
No.- (561)650-7924
I'clephone
Aun: Lairie L. Oildan
1 Lilikl411

*oany ethei addwcss Iicrcal\etdefgnalcd by

Or-
:itiy nl MC [Link] Iime Io [Link]
:Hid WlkrwiRein i/[Link] M/1 Mfircili
rnrai*riliD
TiDIicv./?crcspecliye
atlumeys Foi-87?F
mid Builder are hereby aut hopycd u, give any qoliee pursoanl to U 5 Agreement on behalf of
Ilieil
MiKCIive F/Ki?9

ARTICLEXVII
Mlf;[Link]]SPRQVISIONS,
Sevlion !7.01 InsurancE. Throughoul (he 1*crm ol' This
Agreement, Buifde; shall
RR set
ir?si,rit,ti.e
prflvi?le ft,Ftbon Exhibit L.

Section I 7,02 Amendmenfi. NL, eti,end,nem 20 this

Agn:emont shall bind any of the
pam,:5 ur?Iess and until suelt mrietidmem is itiwt,Iingand execuleJ by Builder and STOP.

Su,lian [[Link] Entire Aurcenlent Ihls Agreement. Iogether witlt any exhibits
atluchcd, constiluks Ille entire ggleelner?1 between tile
palliesmid ne priorwrilten ffocumetits,
and no pl'iorc,r
contemporary oral slatcmcllts, lepresenlalions, Or ondcrs(nndings
prnmiscs? not
elnbodied in Ihts Agreeinei? shzll be of'any torce er ellect.

Sectio? 17,04 Assignment. Neilhcr Builder ooi Sl'OF may assign this
Agret,nent.
except thai Ruildei *I,a]Ihave Ihe tighe(e assig,i and/m' obhgalionsin this
its
rights Agreement ?(,
cool rollrd by (ir umlcr coinmon control with
Atly elilll>'
Buyer,of to an emily which succeeds io
m
[juyer any merger o, ncquis,Iiorl wt,hout i-,ceut'SG, wheteupon Buyer shall he released
from
ws obligBIir>nsI,ercunder

SiQIion 17,05
Capliot)5and ?echon headingsconls,ntd
intcrliretlltion. in this
i/6rcciu?[Link] w,di?=Iimnrc
hinit the scope or i,iient ol this
oilly,[Link]?bo.e?iend
ot
Aeeniei,t oi Iic)eof l he Itnns
any piuvisio,i anc!
pmvlsionsof

IL
 fhl, Ati'eeinow Iiawe [Link], Ii,Ily lw:Iweer? 0,f pa,-1:ef and c'Bch
r,eg{,Iiafcd has been atTordeil
parly
Gbe opporlw,iIY l.l?
e,i,??,p;e,11's-Ilch 11,91(1'
?le,i,ES, legalFounsel M algisl iii the p,eparaliun,
Magnujlim. AnJ drafllil#ur i/?i3 Agimenl. ALLY,rdlngly. 111( Mig alw
DiLIWi8iLin; at ililg
foi'or againsz either STOF or BtiI]der .,4 Il,e
Ag:cemo,ilshall 801 bo Inrerpreied drall,Iig polly,

Seclion 17.06 ilgp,-csrnU,(:t,1?a AW rcpr?sentatiora

u?al'tan,itv m.1 raven-,UWS ECI
lilill, hel'(Il, nit maicliml and ni'Ilie esmc toll.i; Awectlicril

Seclilin 17,49 Waivvr 140 Waivcr DI dnk' MiLinm 01 ihi5 shiill Le

Agrecmcill
CHW Ive Iinksjilisin Ml 111&5 iKiWU by IhemHY HBwilrr,i
ivhmJi [Link] of
il
.[Link]
arl, prr,visiol, l,t fhls shall be tl.?,plit'alile
Agtecrtlei,I (o thi
f.,nly specificIT,SlatlceIc, Which il Is
wfalcd and Ehal] nol b,f :Iceined 10 i,e ti C'o,Itinuli,g
Oy futu N.' Wa?Ver Bs to Kucl, ti,r,vi?ionol Ei

Mi'.'er us Ig afl>' alher pmvis/on

Svclinn I 1.1)9 The invalidtry

Se#'c:':?I)ililv' ar of an>, pl'ovlf,on
unenforceabilily ol
Ill,b 51?;01
,\ZrccnZell! .,r,1 allccl Il?e [Link], pt,jvisio;?:,
1-,[Link],and tll?s
Agreeme,Il Shell te
C,iml,litd i.l Hll rfr';[Link] i/Slwh iilvHlid 01' (Inc,#liillmb/C
Mvi,gimi mj Mi ITcd.
-SCL'Iinti I?,Il4 FnurTIIErnurtir. Il?5 AETEEIllini niaf r,c L'xf;tuli,1. in Onp Dr imniE
ul ',d?c!,sbalfbe.
unimel't?ai'Is, tr-4,'I, deomid i,n nriwnal, Iiu? ali ,?f ,,vh?cllshall cr,nstj(ute one und
Ihe 51,I;le lo !},[Link],lale
Ati'Ce-ft'Iarli. cxi2?:ul,el,, a,Id Jeliveryof ll,#s Agitei,Ienl, The pa,i,eg m?y
excuite :J,d excliangee,[Link] by c.,noil in n I'lDP file I? the ?her priy IJF lo ll?e
tc-,uT?!e,p,rls
i.]lhe, piarly's
c,?UI,srl S. in n
jlral,+res f'Ill'file slia!] Iu,vt the Same legalelfeel as r,rigitml
ZALY Iull CS
..1

Ser,i,m I-7,W Rwllon [Link] §404.056 florida Sl@lureg,Buiklei ib

Illl:o,ltpliailce
hcrcm I:121dc HH.:,IE roll?.wing: [Link] rMS IS A N.A'1URALI.Y OCCURIiMi?
i?i Chc
i<ADIOAOIVE GAS TH.41, WIIFN 11 HAS ACC'[Link]'I ED A BUILDING IN N
SIJ},I ICIEN-I QUANI'f [ Il..<.. JvlAY ]1[tl<S[Nl [Link] RISKS TO PERSONS Wl IO ARE
EXPOSED CO l'1-OVER '[IME LEVFI S OF RADON THAT EXCEED [Link]
$ 'tA 1 F G U Jl)j?I -[NES 1 IA V L [ll iEN I?Ol ND I N D U I L D[NGS IN
FLO RI DA. A DDM'IONAL
I

It?JI?ORMA I']ON I<12(;ART)]NO RADON AND RAD{-IN 1[ST']NG MAY BE OBTAINCb

i.'IiOMYOU/i COI.]NI Y l'UISI IC I/[Link]'Ni 1

WAIVER OP TIQAL BY JURV BOILDER AND STOF HEREB Y

SHO{p, 17.! I
AN D AGRFE l'O WA IVF. 1'J-IE Rklll'I- 1 OTRLAL BY JURY IN
fiXPRFSSI- Y [Link]
CONNEC I ION WITH ANY L!1 IGA1 (UN OR JUDICIAL, PROCEEDINU REL.A [ i-NO TO.
IJIR+.CIT i OIi. INI,[Link] Y, OR [Link] Tlils ilrjREEMEN'I <JR THE
COHDUC I, OMISSK,N AC I'ION, OBI,]GATION DUTY, R]f)H'L BENEFIT, PR]VILEOE
OR [Link]!.lfY (JI- A l'AR jY I]EREIJNDFR TO THE 1:{JLI- EXTENr PERMIT?ED 8Y
LAW F?4]S WAIVER (M EIO}ll- -i'O TRIAL BY JURY IS SEI'ARATELY GIVEN ANDIS
KNOWINGI. Y, iNJ-IENTIONAI.I..Y AND VOLLIN1 ARILY MADIE !]Y BUILDER AND
91-OF 13[Ill.[.HYRAND STOI HAVE I-MD AN
OPPORTUN[TY TO S['[:K LEGAL
COUNSEL CONCERNING l'HIS WAIVER. Il IlliWAIVER IS !Nl ENDED rO AND DOES
CNCOMPASS EACH INF[ ANC]f ANI} [:'ACH ISSUE AS TO WHICH THE RIGHT TO A
JURY TRIAI. WCi,Ji,D OI HF,RWISF [Link]. BIJILDIER ?NI) E FOF FURT]ICR
CER-Iil'Y At.1D R[l'RJISFNI l'O IJAC+I O[Iililt IllA'l NO PARTY.
REPRESENTATIVE,
OR AC,EFFT OF BUILDER CNCLU[ENG, BUT NOT L]MITED TO, THE.]R
Oft SIC,F
RESI?EC-rlvE. COIJNSEL) REPRESENTED, EXI>RESSLY OR OTHERWISE 'rCI
I h\S
AUil DER ORSTOE OR 1 0 ANY AGENTORREPRESENTAT IV 1) Of [Link]
(Ir[[Link], BIJ I- NOT LIMA'ED TQ TI]EIR RESPECTIVE CO(JNSEL) TI-IAT TI]EY
WIL[. NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO
JURY [Link]
WAIVER SHAI.l, .APPLY I-0 rl-IIS AGREEMEN? AND ANY Al'MIR.E [Link],
[Link] SnR Monlilcil rioN.51H- -rHiS AGREFMEIVI
I

IF
 IN WITNESS WHEREOF, the parties
hereto have executed Ihis as of the
Ei'fcchve Daic,
Agreetneil!

LENNAR HOMES, LLC, a Florida Iimilcd

//IL-
-
MM+[Link].4-.-.
L'
J'Iint [Link]. INter ,2019

Wll-NESSES.' SEMJNOLE TRIBE OF FLORIDA

nl
/ /Lab , re
=

I MMi
ame:
Ily 7//.aall&&12
Nam
Prilit MARCELWS W t:.StiOLA. JR
I it]e: CHAIRMAN

Pilnl Nainol Daki 2019

,

I9
 EXHIBIT A

Depiction of Tribal Lands

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LOC#'Ilon Map
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D . [Link]?qlon Btu?it?e,r

?1'A,rg.
Hollywc?t'3:servation
Exhibit A
. . 2*g 86
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Brighton Reservation
ExhibitA
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- Lakeland Reservation
1
, Resematk)n Bour,oeiy

Jlrl. u I. , Exhibit A .--r a.-

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 EXHIBIT B

Depiction of Tribal Residcnhal Lands

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Map Ligend
Hollywood Reservation-
L'I
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Exhibit B
Tribal Residential
M U ym
Lands
i t: ".2:Zt?:;'--.t-,--,
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 .I.'f-LbI.-?

>'. ilt ILJI' -.L.3D

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Big Cypress Reservation
Ii
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Mabel T Ffar* Hc?uwng Area

CDheGm wes 209 7 Aeri?? irnagetv

Exhibit B
Tribal Residential Lands . - -
-.
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Exhibit B
Tribal Residential Lands " - ,).
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Lakelatid Reservatlon
C. Exhibit B
1 t-
Tribal Residential Lands .-

--r?-y,:'*r, 1,-[Link] ., L'r<' I 4..,-,'-,rl

 EXHIBIT C
Tribal Autho,izingResolution
 EXHIBIT D

Appzrved Consultants
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 EXI1!IJIT E

Mmorkorisuimmconm.i
GENERAL AGREEMENT FOR CONSULTANT SERVICES

Nn.

BETWEEN
'BUILDER'"
Name Here
[Link],nai- Builder
Address Here
City,State, Zip Here
Phone Number Here
Fax Number Here

AND
CONSULTANT"
Company Name Hcre
Adrlresl Here
City,State, Zip Here
Phone Number Here
Fax Number Here
Stale License Number Here

30183 00143
31.4'4000984 ? -2
 [Insert
P?Dject Name Here]
Type Work Here]
[Insert of
General Agreement for Consultant Services

Col?E!!Nlt:
Contract No.:
Rel Coat Center
CSI Cod./ DMM 0, *rvto. .UOM $ / Unit aw Exl*#dse "'.
L8 S
LS

Comraolmel

Date.

DISPUTE RESOLUTION, CONSULTANT IS ADVISED THAT THIS

AGREEMENT REQUlkES CERTAIN DISPUTES BE RESOLVED BY ARBITRATION,
AS MORE SPBCIFICALLY SET FORTH IN SECTION 21 HEREIN.

This Qeneral A*[Link] Consultailt Scrv,c<:5 i$ entercd intn by And

(*'Agreement")
between [ImiertLennar Bullder's Nnme], d located ?! [Insert I-,nnar
.

Buitder's Addrezis], and tlnsertConsullant's Namel, a

< 'Bu?lder")
located at I]ngertConsultant'& Addressl and ihmll goveln any and all sCI Vtces
("Consujlan,")
p=rfoimed by Consultant with regard to *c Serv,ce: (defined below> described in Exhibit "A,"
and sny future engijgcrnent; between Consultant .ind bc added
Bulldtl, to Lo this Agreement
frorn time lo [ima. Builder and Consu[lant H,t I,idivklu#dly
oi colleclivelyrefei red In a, a
"
"Party"or the "P,Irties Builder and Consohan, hereby agree as follows?

I. gcmal Dfscliplion
af
Sorvices Me micesw bepeMnied by Comsullml
am
("Se?vicra") ficscrlbcd in Ihe
Surnmary Sheet attached as E,hlbil "A," which spccrftes the
develormenl project with respec, *o which Setvice? lire to be pc:R?rmcd the exacl
("Projeci"M
nature and typc of Services krquited;the ro be paid for such Servjce9, Ihc mai,vier
compet,5ation
ol pa,mtm of Confl?Itanl'& dme penodt ot dates upon which
Compensalicn; Ihe :pec-tfie
Scrvices mus'. be [Link],Incjil<ling stall up and
witho\,I Ilmitanoi), uompleliondates, dales of
irtspectiow., and any
[Link],$ o; meetingg: other additional Information deemed necessary
by
Bt,ilder. A
Inore detoilcd descriptionof Consultam's
Scopc of Work is atluched heretc; *$
E?hll>It NB." The P,oject is located on
properly Iiilcd in the imme of the [Link] Statek of
America,rl trust for the beneht *f-ld use of the Scminole Tribe or
Florida,a Fcde,ally R?ognized
Indian Tribe Under 25 U,S C. §476 (herein referred to ?N "STOF' i,
Cbnsuliani agreef, Wai rmlts,
and represenls ihmll tt 3hall peffocm oct? Sc,vices
requlred hersundet liz accordlrnce wjth the,
Lt:t'Ins af this
Agmemcnt and, m connection rhcrewilh,shall rende, ici [Link],nd
advice and exercisc i[s profeeisional
judgment comrnensurute w,(h the he?f and hkgilest standards
of earc, aod
practice foi lictnesodconsultdnls perfofming sirltilarGefv'Ices on projccis
of like fize,
scope and ccmptei Ity Ioe<!e.d In the melropolknn ai'ea described on Exhibl[ A herelo (lhe
"Star,dard of Care"),

Augmmu?Mmmrr,4 1220*Hi
7
30?BEno)3
ON:4000§84 t 7
 2 Addi{,on/Modification of Services. The Services are not
subjeclto modification
or addition unless Consultant obtain.s a wrkte n of (he
approv:C [Link]/additlon Signed by
Bu}lder ("Change Order"). The contents of a writ:an
Change Order Nhall include n[ o *n,nimurn
al l of the following.(2) a oflhe particular
dcscilp[Ion modification/addition lo the Servie#j (b)
(tle amount of any change in Congutlani's
Compensation CM defined below) re,ulling HMIM
:nodiflcation/addillon;
(e) any revisions in commencement, complet,on or defivery dates, if ailp,
from the modification; Bi,d (d) Buj Ider'd dated 9 [gnillure.
resu]Iir,g Conhukant shall no: parfurnl
any Lo khe Sc,viccs or incui any "Re,[Link]
Fixpcnses"(as defined
Ite,ein)with respec.t to such modiftcation/addition until Consuliant obiains a
signed Change
Otde, for such modification/addtlion.
Nolwilhslandingthe foregomg, 2 deductivc Change Orde,
by Buildtr shall be effrct'[Link]:ure
by B+Ider and delivety to Consultant.

3 Term of,Agreeme,jtThe te,rn of this Agreement Ehail commance on ihe datc this
Agreomcnt a,ld "A" are executed by Coni?tlltanland Buildcr,und shall continue
E411!bll in [Link]
ontd the date ("Termin.1(ionDate") which is the fir,t M
occur of the following: (a) rhe dafe on
which performance of the Services ha.9 been
con-?pleledIn ac?oidance with this Agfeemcm, or
Cn) ine ienitz Clm..am?ar Jay aner Cnnsullani receivts a mium Mico from Buildei
C?TeminalimNOike?) ImmilialingihisAMemm wmhiermnalinmmgybewilh OrmiMI
cause. if Builder terminates thi, wilhot,[ cause, Conj?Uitallt shall be paid foi all
Agrcemen,
Se,vices rendered m accordance wilh thelcrms of thp, Agreement up ruthe Termination Date

4. [Link] With the exception of the "Rei Inbursable Expenses" described

below, and except os otherwise providedin any Change Older signed by Builder, Consul[nm
shall be compenstned("Consultant's on the basis 5pecifie,1
CompetlsAfion") in [Link]#. "A."
Except as otherwise provide-d Eghi?-2?2 oi any Change Order signed by Builder,
in
Consullanr's Compensation shalI be paid monthly. If Consul[ant'&
Compenfzlionis determined
on an houily basis, then momhly paylnen[1 shall t>e baied on the n,inibcr of
contultinghours
piovided by Coniullnilt for ! hat month, ttmeq Ihe [Link] rate Consultant shall provide
Buildar'.% accounting personoe! with documefltac?oli, :o Builder,reflecting
acgepr,ble the numbe,
of consultinghours or r>[Link]
bilhnginformatior, foi any merit, which inrormation shall
be provideil in a nianne.i aitd al thnes 6pcciticdby Builder from time to Gme. Coniultun,
acknowledgez and agrees thot Ccnswllant's failure to provide time and billing inforrnm[Oh,
incl uding licn wajvers and releafcs as
e:qucsledby Builder, in a prompi manner and in the form
requifed by Builder may r=ult In a delay in the payment of Consultant'i Compensatioilm?0
Consultant agrees that Builder sha!1 have no
habil;lyor rcspoi,s,bil,(yto Con,iuttaal for such
delays in paymerw of Conilultanl' s Compentaljon Funhcf. Consultur,l agknowledges thal Builder
u(il,zes the SupplyP#'o@ heheduling system. Consultant agrees to subsc,ibe to and to utilize
SuppjyPi-D@ lo sAnd receive and respond !0 notict:s and Uocumenlf. and tc use the samu to
I

initiare requesls Mr payment. All costs of and mainmjning Supplyplo@

si;bscribingto, utilizing,
for the Cur,st, Itanlahall bu borne by Con,ullani, Consultant :hall
keep the Proje,tfree and clear
of any liens, debt or bond claims of kind whatsoever related to Confilltaw's Services,
any except
to (hc cxleni the bame arise from failure of Builder to
pay undisputed sunls owed m Consultant
(lien or Bond Claim"). tn the eveni a L,cn or Bond Claim is Filed or threatencd to be filed by
Hny Ljen Claimant, Conlultanl shall, at Builder's fole election,immc<Iiat*ly ?ettle -irid resolve
such claim and ohmm a full waiver aqd rclcnse of the Liet, or Bond Claim from the tien claimant.
orprovidr.a Giamory bonduccemabM iDBUilder Ihatwim bomdamum PT digchmBC ducliliem or
Bond Claim- Shot,Id Consullant f@il t o do fo withlo fwo (2) busi nes.9 dam in addilim 10 dli

NIMMM hm
J0106 0003
C..41 1 jni Ni

Gkl:40039841 2
 Uuiwer
cirliei flg#118. mHY. WIil,14,* Ndailwnal Ii,5&,ce IiJ rmsui/[Link],bondor di,?Iiurte
itppmplime, Md Khalge the C,ALN Ii',aeuf
tile Lien Or Br?nd Claim IJ, aay maim.r Ilultdtr [Link]
1(, CbnSL,1!Uf,(, Hnd/rv fB) WJI!,li#)kl fu:i,ier pay,-Ilere to Corl&1.,l?r,t
Ilildej'lhit Agmcmenf
cir
othmrwbe until Corlrujlant ti,& [Link],oulwith [Link] !*Iu,hing con[:tir,eo
ol,Iig,t,on,k
,(s Ii, I be
[Link] Iexcemm Iienwam. du IY smeu aml Hoknowleugri/B ihall reEiHKi M 11mii
iMMilim'ld *Cala,Iorvnghl to Mle Und recc;rd 112?b or sior Mkes Fur
[Link]. ail.i
any
nctwllhsti,rldlng rliov,tlon (,j tlw; Wontrm y, Col,Hultnnl *Yuty <*ko ?I I s,eps
reasonably
[Link]?[Link]?11aildbond
ilshiga?Femi?kd bylaw

A BVILDER'S ELECTION, CONSUL'1'ANT AGREES l'f> BE PA]D El..ECTRON]CALLi

I-
D-k Bl?ILDER. ErrHEK THROUGH I'rS :PAYABLES PHOORAM TF
CONSULTANT
CURRENTLY HAS A MERCHANr 16 OR TIle ACH CREDIT PROGRAM, wrr H
RESPECT TO THE t:PAYABLES PROGRAM, CONSULTANT AGREES TO ENROLL IN
BUILDER'5 ePAYABLES PROGRAM. A GHOST CRSD]T CARD PROGRAM OFFERED
THROUGH BANK OF AMER[CA OR AN? OTHER PROVIDER SELEC'TBD BY BUILDER,
AND TO ACCEPI' PAYMENT FROM BIJILDER [Link] SIJC=H PROGRAM
CONSULTANT FURTHER Aa REES rHAT I'] WILL NOT CHARGE BACK OR PASS
THROUGH TO BUILOER ANY MISCELL, ANBOUS AND/OR CONVENIENCE FEES AN A
RESULT OF, ACCEFTINO PAYMENTS VIA THIS METHOD, WfTH RESPECT 'TO 'tj?IE
ACH PROGRAM, CONSIJLTANT AOREES TO ENRULL USING THE ACH CREDIT
PROGRAM OFFERED THROUGH WESTERN UNION, OR ANY OTHER PROVIDER
SCLEC'IED BY EIUIL[,ER, AND TO ACCEPT PAY MDNT FROIV! BUILDER VM ACT-1
CREDITS rO THE CC,NSCIL,TANT'S BANI< ACCOUNT INDICATED BY CONGULI'AN'r
OH THE WESTERN tJNION SrTE
5. Reimbvlgble .CcG;. ft, addition ro C,Jnbu),Ewu's [Link]?al}on,Builde, &hl?11
rebrnhg rse Coli?[Link]:L (he 14(uill f.o,t ol ,,:asonal51e
ri#penseiE tr,c,IJ'.red by CO?lsultatyi,
solelyijl
;;onncoliot, w-,Ili Consuirdrlf'N pertom,ance of ihe SWvjd:Cs, whiek,
expoce?e!; are authoiizcd b,
Bulldei herein ol' in Mnq Change Orclcr
6,lgr,edby Bulklei ("Rairnbur,g#bte Eirpenscs").
CX'nsultnnt Nhall F'r,Dvide io Bt,ildera,I biemizatbon of A].!Rein,bursablt'
Bxpense.k
in tlie [ime und
in Ihe manner speeified
in
[Link],C?k"
o, (I,e
Chang: 0,der
appl]?'able iig,Ied by Builder Such
ilcn,ilgtion $htdt ifl<>Iudest?pptjrtinl& arimvoh:,es if
[Link],ipi.s ?qumed bv Buildet Rci,nburBable
,

Ekpenstb shal! include irnsonabie costs of food, travol, lodging,

supplies,
Inalwials,publicationh
-and oiher item.s ?ul ttc,rized
by Bki,ldei Jn *ijhlbit
"A'I or I be applicableChange Clrdcr
*ignedb,
Builder, providedsuch costs ol
expensey, rire incurred by Cori4'I?tant %olel> in perloImancc of the
Services Coniultam shall :ldv,5e Bt,Jlder,i,i w'rilingl Prior (r, rilcurr?lg Ai, y el?pen?e ol cosi
which would re.%W; in [Link] cxceedlflgIhe amount spcc,fied
for si,ch line i,em
expen,t or
eosl, o, rjthcrwise cxceedjng Iha amount of Reimbursable Expe,Meh aulttorized m the
aggregale
os *e[ forlh in E???b}13.A" oi applIcabk EI,ange Order signedby BL,Ildar ("IixLrao,dmaiy
rhe-

Reimbursnble EXIJellfem.. COB.511/Imt sl?aji o}IlyI,e reimburscd M

[Link] Rj;iuir,Umble
Expeofcf if authorize.d Iiiw,ittng by Buildei

6.
INDEPgNDENT .CONTRAQTOR Sl:Al'14 IN PROVIDING 'rHE
SERVICES, CONSULTANT [S ACTjNG AS AN INDEPENDENT CONTRACTOR AND
TlnS AGREEMENT IS NOT INTENDED rO, NOR DOES IT. CREATE ANY
EMPLOYER EMPLOYEE REI,AnONSHW, NOR SHALL iT BE CONSTRUED AS
CREATING ANY JOINT VEN1 URE OR PARTNERSr[W Brl'WEEN BUILDER AND
CONSULTANT. [Link] IS SOLELY RESPONSIBLE FOR, AND SHALL
[Link].?iHj
MDMI Q
00105 0?03
 TAKE ALL NECESSARY ACTIONS FOR, DIRECT]NC, CONTROLLING AND
SUPERVISING ITS EMPLOYEES, AND PERFORMING ALL ADMKNISTRATWE
FUNCTIONS FOR iTS EMPLOYEES. INCLUDING SUPPLYING WORKERS'
COMPENSAT[ON INSURANCE AND PROVIDING NECESSARY FACILITIES,
SAVETY EQUIPMENT, TOOLS AND MATERIALS.
TsK ReizgttillgConsujtanr ghatl be fcsponuble Ioi all applicable
7.
federal,sthlc
and other taxes ralctcd to Consultant's
Compensationand Builder shaij no< withhold oi pay any
such taxes on behalf Of Corlst,!tant,Ineli?ding,wilhoui
[Link]. sthlc and other Iocal
i ncome laxe and foelal
[Link] Consultgnl is actingNolelyas an [Link],t contractor
vndei tllis Agrcemeni. Consulmnl shalt noi be erililled to inrilmcc. incenilve
pay. or olher
bentftt5 noi'rna?Iy
providedby BUUdcr rolls qinplnytei.

Ownership of Work Product: Bqijder'?Work,

8,1 W?[kprpducl: ll iR understood and agl'*ed(hat itny product,

mcluding but
na limiled io
repong. siwles. MM.
maps, diumms. dmwings. plms. KMMicy.
tnvcsligwlions, petmils, applieationi, nlaierlajs,publiestloris,
supp#M or other items of any kind
prepared by Consultant in [he course of perfol'ming the Services ("Work P,*oduct") ittl; for Ihe
Mole anti exei USi ve use of Builder 0?-
STOF, and that Builder or Sl'OF shdl bc deemed IO be the
sole and exe,lusivc owncr? of Nj the I,tollectuai
pfcpcrty rightstherelo. Upon payment by
Builde, of Ill undisputed fees and costs, all righls,
tiua,and Lnlerest in Mid (o the [Link]
Mperty rigms Iomcmk
[Link] lo ihe [Link] Lhexao. gnali be
iti?ignedlo itnd shall be the sede piopcrty of BuOdcr or STOF and, upon tci'mination of this
Agreemmnt, aJ I of suck Work Producicnoiiwevigugly delivered W Buitder), Ahall be delivered io
Budder on behalf of STOF, Any additional changcd Dr modi ficatiorlsto Ihe Work Product Aha?l
likewise become Ihe sole propcrty or STOF Con.,ullanl
rep:r:sen(&that ir is the Sole owner of the
Work P, odud copyrights Emd thai th: agent sfgllmg [Link] on behalf of Consultant n,
aulhurizrd lo transfer exclusive copyrighl
owncrihjp [o Bujlder Dr STOF. Conaultant further
iepitsent, thai ll,e Work Produg{ is an origina! crention for Builder or STOP
Any,nodi Acttllon
to, or reube of, the Work Product, other Ihan tn connection with Ihe
by Builder or STOP
Pritifpct,
M[thout the writ'*o consent of Cons'.,Itant shall be at the si,le risk of
Builder or STOF as
uppjicubje.

82 Builders Works, In ihe course of Consv! Iilnt'sernploynien[ heLwicjer,

Builder may furmsh plans,motefihls, drdwi,lgs, research. p,0[otypes or o?her
imelieetuol mmy
belonging to I)uitdcr ("Buil?ier's Workk'0)?
deliglimatertals ot
Builderh Works ?nd all
copyright interesu, Ihereto are now and, rvga,rjlessof any work pef formed on B,ijldel'05Works
by Consullant, *t,all remain (he sole proper.y of Builder. Consultam hwi no
Iegalor copyr,ghl
inteltst in al] or *ny poit,on of Bullder'.%Works, end
any iflitrelt nl {hem which Corlsultom m,y
acquire e, hereby attignedto Builder, Consultant hai no rightto use, copy [Link], distribute,or
modify Builder'5 Works Cter the ferminition of rhis Agreement.

8.3 Terms Govetninf Wgrk Prgdue, and Builder's\Mprkb Neither

Addifto?lal
Corlsultant nor i(6 employee, or i,gents wUI
copy or otherwise tlse any of tha Work
distribute,
Producior BIilwer'FFAPRSs
v*rizren Eorisenr. Consuimlwilt
prompily
deliver all orlgmal,and copies of the Work Product and Builder's Work; at the
termination or
itquest. As to both (he Work Pr*luci and Builder's
r}tis Agreelneni or upon Builder'a
Works,
AU Fiam Cnnsull.,M A,m, /..N n,MIH,
-?01 0 5.0030
GMWOM? i Z
 Btll](]erSllatlhave Lhe t'igh,
lo copy, dfalrit?&,rc
and uljlile %i,ch woi'kj an an Unlimilcd basis (c, hs
divisions and alfilietes,in ony localkon, without uie
payrrml,1 of u,w addithonal fee, Upon
irquesl, Co?ISIJ/iaor MIL deliv:i Il,t fileb /jr CAD M
Ihe ftzL<,nl rhcy E,rf, illiliM, ,M
i,tylar,9)
pert airlinglo any of (he Work Product or Builder'e Wofks

9Cgnfjdet,t[Ali,ly Coi,su[I?Lrtt
ack,iowledgefand L)?lder-Standfi thE?1 all infornihbon
in ally
rela,ing way to Bllilcler
o t lo bit&]ne$5 o, fifl'ai,&, whilher wij[ten oi otal, oblai,ied
by
CJnsullanl in [Link] ihe Seivicefand
Jnyinmmilon [Link] nHIumamd exlail
of the Setv,ces 4"Conid:rltlat
lnfor,natioo"h ihall? [Link] otherwise Jpec,f,ed by Buikkr Ii,
wrlting,be deemed [Link] Furrllwnoi e, imy Work Profiucl cre:,(cd [Link], or any
Bililder Works dkcloied [Link], shall bt consbdered C?nfldentialfaformatioi,
C?,Ii!;uka,li
agre&5 iknd
ackr,owledge.9fha,t th,; Confrdentiat informatior, shall nt ali dnleg be (I,e xole -and
ab,olulc pep,rt,y of Bu,lckr and no license or olhel' k} the Con'idcntisl lnformalioll i!,
l'igll(:
granted or [Link]. Consullanl iultt,51 acknowledges and ur,dernwld?. tbai Consuilatit's
unaii,honzed disejosu,e of any Confidewial li,foinialion woukl be
extrernely to prcjudich,l
Bwhlar Therefore, Conbulloi,l not d,scloso lu any petgon o,
shall
cntUy ally Conf,dqm,ai
In formallot, unle$$ such disctosurc js autboy,7.e,1pn
wrmr,g by Bulldei tf Consultanl diseloses or
M
,

thfraten? disclose Conftdenltal Irlfoipnation tn viola?oti of 05 iln,161 this Seci,Dn

ohfigatioll? 9,
81:,Itler sllalll,t tr?tkle.d io
tel,lporary C,i reliefprohibiring
Fer,uai?eril ,njunc=1(va the disoh?iure of
sud, Conhderit,?l .informntion. Onsl,1?atll Conf,(Ientieil ],)R?i-,ll,mon will
rn#y glli,re

who
$ubfiocisullni,Is mc Wmjlarlyb{>und by tl&13confidenlifktily
pri,v'?sioin
il Con?,Wlunc Is 6ervetl
w'lh any 'rubpOC"O ')I o:her legal pr{?cecs [Link](h,- [Link];?closure of Bu,IdcrN
Confitientilll tnfor,natloo, Consl,Itarlt bball Builder w,(I,ir}
nci['Ify (24)hour.9 afrer Iwcilty-four
CO]151,Jlan('Sreceipt0( slieh ll:gal
pi'ocesg Bmlder Inay, i,i Its bolc and abfiolule digcration and ai
Bulldc, '% sole e*perse, ccjnlesl the dlsclcr,uirDf such Confidcntial Infwmauon
soughi under
gllch
prccefs. Only after u fio.I order of a court of eompetenl juriadil:lion
[Link],! Icquiring Ihc
digclo.,ilie ol sueh C(>r,fidential ln?oim,dtion
may Consultant digciom eixh L-onnitemisl
Information as reqi,ired by law. 7'his prohibitionof dltielosu,e of Confidential Information shall
swi'vi,e Ihe termina,ion of tl,#s
Agreerrleng.
Contt,Ii?,F,thereby agrccy to iridemmfy,defend tina
hold Bulder and its affiliates,p:lr'tners, and employte<
h:limles5 froirl aild
Agcnl:i any all lc,ss,
domwge oj litywhich resu!13
Iiat,i from I,r arise.:,in ec..i,ridetio,i wilh CO. f,sutliLnfE bieac.h ot- ils.

obltgalionsLinder this Section 9. Ngihmg In this xc[ion &hlll bc c:,nfiri'Ilcd

tg ncgoie, Abridge oj
o,he,wi.,e roduce arty
right, of Bui [Link],idei conrmv,ti or sf Df i,rr.

IO. jiELUiiv(Sgai[G Dunf,g the term oJ this

Agreernem, Con?[Link] agrees to nei
only as n co,?sultil?tt Ii, Bll,!de? coni?eetlori
wilb Ihe 5111,ja?l
tr,
mnllet of ttic Serviceb. Bnd
Col,fultaillt ?hilt nol be
ellgigcdby or perforni Sei'v,ce& foE any other ir?dividu;il.
entiuy, or group
i n MMACI im Wilh I he oP f Ite Serrices,without Hiv wriuell
[Link] approvalof Buildet,
ll. Prohibited [Link]&.

1 SIMCI 10 ille provtyionb0( ,?eeiion 16 Iimf, neidier [Link]<,1}iH,Ii

1 /
nor any
t?,nsi?J'am shall,wltl,ou, specftc wrmen authorization of buildee
Represeraa,ive

(w) Con,m,s,ign#. Gjve (;r receiw eny commissiou, fee,rebale,giftor

entertain mcoi of Algr?ifioztt,t
cgxi ,;r vBI ue to any pe?'son ?r antilyin ccnncctic>n wtth or as a result
of (he exccullofl of Kht,b Agreement of Cor:fullant'$Servbce? hereunjek: provicled

M It 5'[Link],mjcn-, * t-bl r'i 4 12 20, ?J

;1
:.10185.0031
GM.'400]9641 :2
 (t') Builnu3 Dealin#s wi(h [Link] Ii,to .iny business
auanmtni with any pd,lnfr or
cmployce 01 BI,l/Ner. Or any affiliaie.
Of same olher t/Jan 0$ a
of Builde, oe sueh affiliatein accordance wilh tniy
repre.,entalive
Aglremem and with the pfior
written approvalof Builder;

(c> Oratujties Make ar,y payment 01' give or el

prorrUse Ariytl?ing
value, to any governmen< or quasi-government offictal.
includingwtthout limitation any officer
of employee of any government depal'tmcm,agency,
governtng body, board, commislilon, or
if,srtumentality,
io IA flue,lce any decisiorkmcluding any decision to
awArd u contract. obtain im
entitlement,cr togain any other for Builderor
Aidvantage or Consultant;

Contlict of Intcrcsr. Engage in any

(d) cmptoymenl or enter into any
conirtel or agmmnt
which connkit wlib Consultani'% obligarionsMder (I,is
Agreemm w
ei(her individually
*), in ass.x,T,iton wich
Any .HMindividual orenlily,acquire property of rigbu
lo acquirepropeity,
pcrfor,nservices o]' engage In any activ'mes whkh will either directly or
indirarlyconniclorcommwi,[Link] buximbcos) ormetesis.

Consultant agrees to notifyBuilder

j 1.2
of Any v,olation of this
iminediately
Section 11. event of o viohilionof Subfcction tt.1(a)ubovt. Consultant shaXI
In the
pay to
Builder wny and ATI arnounts recelved by Consultwnt ot
Day other iltdividualor er,ticy dezcribcil
above In violation of Subsection [ 1
1(91. however, ?ueh patymc:nl ?bltllnot Jimll, o, Opcrate 2; a
wai vet of, an> ntltrrlegalor cquimblt
agt,13 whkh Builder tnay have *Main,t Con?ultant al law,
in equity. nr Llr,der this
Agreement, including without limitol,on, the iight to seck punitive.
[Link] foriuch violation

[ I.3 Builder shatl be enlitled lo dl] available lemedies et law Or in

equity for
breach of Ih]? Secllon it, but not tjmlred (o reicission, oc,ual and/or
inclltding, conseouent ial
Uainages

Boilder's ln?tka!5 Con olwnt's fniliuls

12. !MUEMNI FICAI]D 1

12.1 TO THE F'ULLEST EXTENT PERMITTED HV

CONSULTANT FOR ITS OWN ACTS OR FAILURE TO ACT, ANDLAW, IN
CONSIDERATION OF THE SUM OF ONE HUNDRED DOLLARS ($100.00>, WHICH
SUM IS INCLUDED IN THE PRICE(S) ESTABLISHED UNDER THIS AGREEMENT,
THE ADEQUACY AND RECEIPT OF WHICH IS REREBY
ACKNOWLEDGED, AND
FOR THOSE OF ITS AGENTS, EMPLOYEES, SUPPWERS, SUBCONSULTANTS,
SUBCONTRACTORS AND SUB-SUBCONTRACTORS (INCLUDING THOSE
EMPLOYED DIRECTLY OR INDIRECTLY BY SUCH AGENTS, EMPLOYEES,
SUPPLIERS, SUBCONSULTANTS, SUBCONTRACTORS AND SUB.
SUBCONTRACTORS) {COLLECTIVELY, rHE 'CONSULTANT
Arl Sll"e; [Link], )'1 A.1,1, f,4 tl-1,, tt
30 88 0033
t

CM 40039641 2
 REFRESENTA'nVES"'h SMALL INDEMNIFY, DEFEND, PROTEG AND HOLD
HA RMLESS HWLDER, STOF, ALL SUILSIDI ARY OR AFFILIATED (X)MPANIES OF
BUH,DER OR STOF AN D ALL OF SUCH PARTIES' REPRESENTATIVES.
PARTNERS, STOCKHOLDERS, DESIGNEES, OFFICERS. DIRECTORS.
CONTRAi 'TORS, AGENTS, AND EMPLOYEES AND THEIR RESFECTIVE HEIRS,
-..

EXECUTORS, ADMINISTRA'rORS, 5UCCESSORS, AND ASS[GNS, AMD BLI,LDER'S

LENDER(S) (COL,LECTB'ELY THE "INDEMN[FlED PA Krl ES"). FROM ANY AMI,
ALL LOSSES, COSTS, EXPENSES, REASONABLE ATTORNEYS' FEES AND OTHER
COSTS OF DEFENSE INCURRED IN DEFENDING AGAINST AN'?'
CLA1MCS, OR IN
ENFORCING TUIS INDEMNITY AND DEFENSE OBIAGATION, LLABIL{nES,
CLAIMS, COURT COSTS, DEMANDS, DEBTS, CAUSES OF ACTION, MNES,
.WUDGMENTS AND PENALTIES (COLLEC'rlVELV. UAB[L/Tr') WHICH MAJ'
ARISE FROM OR RE{,ATE TO: (A} DEATH OH INJURY 1'0 PEOPLE OR f)AMAGE
OR [Link] 'TO [Link]? [N CONNECr}ON WITH THE PERFORMANCE OF
THE SERVICES; lE) TnE NEGLIGENT ACTS. ERRORS OR OMISSIONS OF
CONSULTANT OR ANY CONSULTANT REPRESENTATIVE IN CONNECTION
WITB THE PERFORMANCE OF THE SERV1CESZ (C) ANY AND ALL
UENS, STOP
NOTTCBS AND CHARGES OF ANY T)'PE, NATURE, KIND OR DESCRIFTION
WHICH MAY AT ANY TIME BE FILED Ok CLAIMED AGA1NS'r SlvF, THE S]TK
ov THE COMMUNITY OR ANY PORTION TOEREOF, OR l'HE RUILDER OR rHE
Blll LDER'S LENDEU (EXCEPT Wll EN SUCH ].]ENS OR S rOP
NOTICES ARE
CA USED BY BWLDERW DEFAULT JN ITS OBLIGATION TO PAY CONSULTAN1
PUKSUANT TO'rHR PHOV ISIONS OF l'HIS AGREEMENT) IN CONNECT'ION WITU
PERFORMANCR OF Tt{E SERVICES: (D) ANY CLAIM(S) UNDER WORKERS'
COMPENSATION ACTS, D,SAB[LITY BENEFITS ACTS. AND OTHER EMPLOYEE
BENEFIT ACTS, {PROVIDED, HOWEVER, THE INDEMNITY AND DEFENSE
OBLIGAT]ON HEREUNDER SHALL NOT 5E LIMITED BY ANY LIMITATION ON
Tl?* AMOUNT OR TYPE OF DAMAGES. COMPENSATION OR
RENEA TS
PAYABLE UNDER SUCH ACT30; {E) CONSULTANT'S FAILURE TO FULFILL ITS
OB!,[GATIONS UNDER THIS AGREEMENT IN STRICT ACCORDANCE Wmi jTS'
TERMi INCLUDING [Link]'S BREACH OF ANY REPRFSENTATIONS OR
COVENANTS O]VEN ]N THIS AGREEMENT OR ELSEWHERE BY CONSI?[Link]:
(F) VIOLATION OF ANY LOCAL, STATE OR
FEDERAL LAW, REG [JLA'rif,N OR
CODE; (G) INFRINGEMENT OF ANV PATENT, TRADEMARK OR COPYRIGHT, OR
VIOLATION Or TRADE SECRET OR OTHER PROPRIETARY RIGH'1, UN
CONNECT]ON WITH PERFORMANCE OF THE SERVICES; OR (H) IHE FAILURE
OF CONSIJLT ANT OR CONSULTANT'S REPRESSNTAT'[VES TO PAY IN FULL
Ali OBIAGATIONS TO ANY WAGE CLAIMANT, ANY STATE AGENCY. OR ANY
EMPLOYEE BENEFIT TRUST FUND,
12.2 IN '1'HE EVENT AN INDEMNiflED PAR'n' INCURS
LIABILITY BV REASONOF STR1Cr LIABILITY, OR A SIMILAR LEGAL THEORY,
CONSULTANT NHAL L, NONETHELESS, INDEMNIFY? PROTECT AND HOLD
EACB 1NDEMNIFIED PARTY HARMLESS FROM *OCH PORTION OF SUCH
UAB]LITY THAT, DIRECTLY OR INDIRECTLY, RELATES rO CONSULTANT ON
ONE OR MORE CONSUUANT REPRFSENTATWES OR OTHERS FOH WHOSE
NEG[JGENT ACTS THEY MAY BE LIABLE OR ANV OR ALL OF THEM.
Ail Nlewl,CA,?*UI, nt
Ag m? 4,17 7("I *
'

Ip
MMZ'i
fj-9 4 QDYDf41'2
 l'ArMENT [Link] CJ?' ANI?INI)emNWiEXI Ml<r'Y SilAUNOT IJE A
LOND?K,N TO ENFORCING SUCH PAHTV:6 RIGHTS TO
PRECEDEN'I'
INDEMNIFICATKON, 'I'HE Onl,ICATIONS UNDER TH,S SECUON 1: SHALL
9UR VAVE EXPIRATION OM TERMINATION OF ['lily AGREEMENT, NOTHING IN
T[HS SEC'rIDN n S[WA!,L BE CONSTRUED TO NEGATF. ABR]DCE. OR
O'1'HERWiSE REDI)(JE ANY OT'HER RIGHT 4>R ORLIGAT*ON OF INDEMNITY
?INCLUDINC, WITHOU'I EQLI]TABLE ]NDEMNE[Y, wll,Cll
L]M:rrATION,
WOULD OTHERWISE E,aS3 AS TO THE INDEMNWIEU l'A RTIES. IN NI) EVENT
SHALI. THIS PROVBION UE INKERF'RETED TO PROVIDE INDEMN] n' TO A
GREA'1'EREXTENT TI?AN MCRM]TTED BY GnvERNING LAW,

*2.3 CONSL(LTANT' SHALL, AT ITS EXPENSE,ASSUME i-HE

OF 'rHE [NDEMN[FIED PARTIES, OR AN-h' OF THEM, AND SHAU,
DI':FFNSE
CONDUCT S;UCM DEFENSE WITH Dl]E DlLIGENCE AND IN GOOD FA I'rll Wlrh
COUNSEL SELECTED UY BUILDER. NEITHER l'HE ]NDEMNE['Y OBI,ICArllONS
VNDEAMS IBCrroN. NOR ANY COMWM LAW ANU/Cirr .9'I'grli7?*i
CONrflttnlrnDN RIGHTS OR OTHER RIGHTS OF BUILDER OIl ANV
INDEMN?FIED PAR'rY; SHALL BE LIMITED IN ANY WAY BY ANV L,Mll'Al'IO N
OIl THE AMOI INr OR TWE OF DAMAGE,
[Link]'rlr]N, OR BENEMS
PAVAULE BY OIl FOR THE Ci)Nmtl)'ANT OR BUU-DER UNDF.R INSURANCE
POLICIES? WO[ZKERS' COMPENSATION AerrN, DISABO,1TV IJENEFrr ACTS, OR
Orl{KR EMPLOYEE BENEIP]T ACTS. THIS PROWSION [S SEPAHATE AND
DISTINCT PEOM, AND IN A DDI I'lON TO, AN r OTHER PROVBION Oll SEer,ON
IN TH fb AGREEMENT,INCLUDING AN-Y PROVAS]ON ORSECTION CONCERNING
1 NDEMNIHCATION AND PROCUREMENT OE INSURANCE. EXCEP7' AS
EKPRESSLY PROVIDED OTHERWISE, IT IS TUE SPECIFIC INTENr OF THIS
INDEMNITY THAT THE CONSIJLTANT IS INDEMNIFVIN6 r#iE INPBMNIFIED
PARTIEN FRUM ACTS OF NEGLIGENCE OF INDEMNIFIED PAfrrIES
CONSUL'rAN'1' EXPRESSLP' WAIVKS ANY R[G,IT OF SUBROGAT[ON THAT *T OR
iTS INSURE[fS MAY HAVE AGAtNST THIf INDEMNI[?IED PARTIES OR ANr
OF
rfIEM. THESE INDEMNITY OBLIGATIONS ARE SEPARATE AND DISTINCT
FROM CONSIJI,TANT'S OR ITS INSURERS WAWER OF SUBROGAI'ION IliCHTS
AGAFNSTTHEINDEMNIFIEDPARTIES.
12.4 NOTW['rl,Srl'AND?NG THE FOREGOING, CONSULTANT
SHALL NOT BE OBLIGMTED TO INDEMNIFY AN INDEMNIF]ED PARTY TO TDE
EXTENT SUCB LIABILITY IS DETERMINE[) RV A COUR1 OR ARRITER OF
COMPETENT J lrRISD[CTION TO IiAVE IIEEN CAUSED BY THE SOLE
NEGLIGENCE OR WILLFUL MASCONI,UCr OF SUCH 1NDEMNIF]ED PA R'I'%',ITS
AGENTS. SERVANTS, EMPLOYEES, REPRESENTATIVES, INDEMNITEES, OTHEIt
INDEPENDENT CONTRAC1'ORS DIRECTLY RESPONSIBLE TO 5UCH
INDEMN[PIED PARTV, OR l'HIRD PARTIES UNDER THE CONTROL O R
SUPERVISION OF SljaI INDEMN1FIEn PARTY.
13 Imurarics. iVeillnr LDIif 1,/Iuinl mor aoy f,1 ils Cr,nsNIMi Jliarl RmseniaiJM
r.?rri,nence y Setvjcc.% unr'Il St?cll tiITR as Builder has recclved, reviewed. aud
,lrt
approved
evidence .Fa?sfunoryLo Bmld:.r lh#t all in,?r=ar,ce86 required in Exhibit "C) I,au been obiained
by iuch patilehI,ijdIhlt SUCh *ilkur,Br?Cet,5 i,1 form slid substiw?ee
:*,[Link]
li) Buihle[. Wilhoul
A,13(apo-Cwi,Wki, A,ml h.0, I Z-lllll(I
.*0105.0233
O kt?0?E'fiu I.z
 in Hny wny Ji,nilcngCor,G,ifla,1('11 under Se:I,on Jl, Ccl,1*u}fontSha[I,
obligations during the lefri,
[Link] IM PoiXilei,iringuianceimuired
c,1 Ini,. ni,U Ullinsuram ?:ei1ificares p?nd
endorselnant5 itlu#l be in i:ompliance
prior fo payment of i,lvode*. However, Btjildei's fajluie1(>
Mim, Mrovu ev Wence or
review oi imma Mmim
Ihe Mmr,eemci,1 of Servicesjhill
noi l,CimmWA wulver by Buim orme ABieemil aimuliwiM
OE ir# [Link],[Link]
Hhell al.:o oblain fr,,m
a,1>' si,cl, si,beona,Ilant, iukonlraetor, Or sub-5ubconrractor ,:n
ill form and subslar,ce idenueat l,) ihe
Iiidei,lnlficmtiort set foilh In Section 12 Hbove,
indc,nl,Il>
W,lh ihe modlftcAOOI, that guch :ndem,ittyIM./Nm ihe
vuMiriswlanl. iLibs:Bnimm or Nut?
g,Jhcn,ilmtr,r ior iha beriefll of zhe
mnics oesigneiedin Setlim I Zabove

/[Link], [Link] Hgree.i IM IM. Mature of flle Services anb!

Con?itijtanl'., obljgitfionb
liereur,der die personal. nn,1 lhAI Consul tent moy, thcrefofe, CC>l ossik,1,
c,l' dwlcgaic,Ls heitunde.r wltlioul the If riltcn
obligahon.f approvalo[ Bu?oni, which Applvval
Bmlder may Wilhmld for any Ieasm, whaher ornol Rasonuble Fl lr(IM. Wthe fullest ami
Mrm,Med [Link], Cunsuliami shall MU mign any riglil or elaim for [Link] M,Builder or
any
rjgh, lo pC.t'feeta Iir,n agambt Lhe Properly le
any tl,Ird 1.,et-5or,i Aily awgrliuer,t oi-
*?Ztemptt?il
[Link] be uncnfoi'ceaBIe agdinsl b,Itldthr,
ar?d shdtl /[Link] nwrt,-ial default of Ilil.f

4greerrbetq. Builder shall bt: e:t,Iilled

lo deleg;lte
1[s obljgationll,erel,ndar agid ihe bench,
a,isigl1
of (ht; [Link]. iftc:Jocling.
without Iimiladon, all right,undar Se?iori S. nbove. C,j,liultan,
Fihitll [Link] Ihk Stetion
:Ubslan:ialty
identical language k) jo any conlrnci ivilh 6n>
mubconrraeror, gub-ilibcon[ractor, i,Ibconf ,,[ttr,1,
ot' ,,Ipplior,

15 Mgio.A<,nHnfeo f [Link].?)di.
COM?iuliBnl ngrces lliai,as a Mamiul Considmion for
E@wilder entering ineo [Link];Agrccnleilt, Coo#!tnnt sh,11 irlairttain adequate acc:ounting und
fiflal,cial I':co,d.q Ieled W) Consultant'&
Compensafion and tile Reimbursable [Link]
repect to Coneltnn f s pi'ovia,igthe Services, and Bhqd relam Those financial records for ti
'

pe, iod or ,t least five (5; yvars f,om Ihe daie of completion of rhe Sendcef (,r olhcr Ierroinatton
ol A,ifs Agri:cmenc,and rn ?ntl,ntain
adcqufilerecords icfating[o Consulranl's pe,fcrmance of [he
Surviue,s, Ii,ciuding copies of a!1 Wai'k P,orlt:ct, and shall retain thok prorewional service
rrCOlds uritilthe laler of the *xoimlioi, ol Ihe longestperiod of Hn'Iha<Ions for i,Ilwnt C{?OStrUC,ion
delh;tb affectir,gthe Projeclin any manrter Or one (I)
yem after (he #mfry of any final non- ,

judgmwni of a court of eoinpetent iu,i.6;dictioii,

appenlabll'. including Elppellttlt
Iovc?lcouixx, w-ifh
IeJMIW Ihr. lamt LonclwJW liligmio?? re/BIing ZD Inmi Wnmlyic,?i [Link] amitngirr
PM ieu. Iluilaer may auuil any and all fiuch (ecD?48 Qf ((,lr,[Link] ite Suhccmlracmrs alir.1-
reasonstls wri[Ien noaec

16.
Coslof,IR!Appre,jalloiiChC,s #Ji. Q,?eu[3,Beciiuie Buit?le.r the. cfftms
appi?3:iateE.
o[ Con5ultan[? and chair ernployee5, Bk,ildei'
It;
periodic:aliygives ils Consu]Iants nrid
Consi.?1(an[b;'employtieb ,:u?tomary and nominal Iokell& of Hs appteciatian, sucll tu, wilhuuL
Ila,[Link],logo and Ilen-logoappt,f?, rounds of golf, spa ,IA>m,meal<, mh,oriots and Mhtr
lostomer aprrectalior," gjIts or oullngs. Consultant acknowledges and ;agrees [har Builder'&
g,v,ng f weh tokens of appl'eciatior, to Consufroril o: Consukanl'& employee: if cusfornary jn the
imtudry *ka Uoes MM comanutean AMJLio
immm/Yinnueneecmsukam ol [Link]
en,Floyiesand doet 1?6[ and will not give rise lo any cinin,f for civel o, cnmina) misconduct.
Builder fullyunderst,irlds l},it #ti a consequcnco or
accep,ing any iokens of Hpprecialion lh,m
Bzilldur, Corlsuktanl o:' Cor.S,tlta,-,t'Y w'm be Unde, no obligationle Builder other than
CIT,[Link]
th,ose [Link] lh,5 Agreclileot. Lzt order [o [Link] that Co,lsul(anl i? aware of thM
practice,
Consuluu,t expre.s??y agrees rhat 1]llitdcrmuy, af 8uitder'k Mole dercretion. without aq,
A Il [Link]
A
Con*ulfilm .,Knit {v 3*11.7(pl I

JoI 01133 I',

OIA 400196 4} 2
 Obkgafimz m
ihc Mri of Bwilder m/ Mmuiful,hei' ,;otke n) [Link].
provide sinlilar (okeng
of appitciabonto Consultant or Congult?nl's
cmployee& withoui Ihc aefxi to obtain additional
wrmen or vertlal consent from [Link]

17. Comeiiange-wich Law. Con,ultani agrees to

comply with ali
applicable
federal,
btatc and local laws, iules,
regulationsor Oidcr&. including,wilhout Ilmilation;rt:gulalionsel
Iau,S iegardir,g
ncndiscrjminutien itnd equal employmeoi oppoilumly, dffirmalive action for
handicapped woiters, Vetelun? and disabled vcm?ms,

18. Storm Wqter Compliauch. Cor,Bultanl shall comply wilb Builder's 3!orrn Water
Pollution Prcvenlion Plan ("SWPPP"), Storm wattr permit ("Permit")and Builder',
applicable
Slorm Water Compliance Cluidellnei ("Ouidcline#i")Consullant &*ali
implement the Best
[Link] Practtccs C'BMPO), iet forth in the SWPPP, Mr any Servicas that i[ perto,rrts en
t/R Projeci A copy of the SWPPP, Gui
Guidelints and PerMI Bre AvailabW al Ihcconsimlom
Office Builder shall be enli[Ifd [o recover from Consultant all feea, exp?r,5es and othcr
fiftes,
assessed by any govenimcnta]booy due lo Coltsullant'i v,olation of the Permjl or Vb
penalties
obligatiow;
herein. CONSULTANT SPECIFICALLY HEREBY AGREES TO INDBMNFFY.
DEFEND AND HOLD HARMLESS BUILDER FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, ATTORNEYS' FEES, EXPENSES, OR LfABILITIES OF ANY TYPE
OR NATURE, INCLUDING Wn}IOUT LIMITATION, AN Y AND ALL FINES OR OTHER
PENALTLBS, CIVLL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OP THE
PERMIT OR ANY OF CONSULTANT?S OBLIGA1'IONS HEREIN TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, ASSET FORTH IN SECT ION I2 ABOVE Conbul[ant
acknowjedga thai Failure (o adhere to the requiltmcALL of the SWPPP, Guidelines or Permit
Constitutes o material default Of 116 CD,ilraCWal obligatjons
herein, And Builder may, without
prelud,ce to any other Eight oI remedy, remove Consultant from (he Projec{, terminate rhi4
Agreement, and relain n ':eparale consultant to complele Confulmnl's obligalions
arisingundei'
Lttk Agi'eerncr?t
(the leo,nplelion Consultan'!').

l9. bloljpe?,Afly rtolice. demand or Statement rcquilrd or pernuttcd under (hi,

Agreemenl shall be given in writing ehher by per?onaldelivery, by tetecommi,nicated foir,i)Je,
OI by deposiling such noticc in the Unkcd Stafes mall, certified,with return
recc-Ip,
reqt,[Link].d,
posfage: pivpaidimd addrrsged oi follows'

CONSULTANT: [lngcrt Consullant Name and Addreu]

Alterilion:-
Telephone
Fax No:

A,1 S t.,c. Coq.-t..U.,C'ilt ' , .. P:.7"I"

'I
30100 0933
CIM 4 OD 3984 I 1
 BUILDER: 11 rmll IE.n.13. AHILD+. RMM. H...[Link]

qt[e r,i i,-i,-,

r?cpl,r,
Il:

FjA Mo

Ei thei Plr, y m,y, tiy wl'Itlarl notke to rb,; Lit,cl, deagnittea difterenl r,ddresi
vhltli &1,all be r,ubrmwed for the one Each
ipec,fled*ov#, nottce, do,;umcni or ahrt
: r,t,LnurlioEl ton
Ieql,ifrior pennittedlinder 141,
Agreelnent ghhllbe deemed dwlivertd (al oil I hr.
diiledeln'emd # by ptl'ionoldelivery, (b,)on (hi dnle of (rami?ri,55lcn wllh CgnliImed
n,n;U'Cr
back if by fac&,n,ilc-
tcleeommunlcalir n, and (c) if sen, by id,Iitied mail, two (2) bu,ines-i
day.t
MJIR,Wingthe dmil ol' *Il?ihnnlir.e iri /he /Jmierl Siaies m,il In the mai,ilet specifiedubol/e.

7(J,
Sc,ef,jb?ly,If any provi.,lonof lh,5 Agreement I# lo
deterf,t,I,e,t t,c I,144]id o,
Jiliorwir.e [Link] Ilw
Maiililig Fmvigions nfihis Agieeli,e71sliall RmAIn M Iull Pnrce am.t
e ffec i.

21 DiRFuiaRemluliv.M. IrBUilm isinrwveJ innr L,ecomt? invalwdinlillmnn,

albilrauon, oi olher 81(clnaih'C disputr rebiodu,ion piocedmt ("&[}E") iv]Ul a Ifiirflpaity ?,n,j
B,illder or any a/M.T Mini Joins tmgulml .1? a
Mliy 10 Ihf /ilignlion, Ui' 01*,el- .ADR
arb;tr?141(,Ii,
IMI/K ui&Pultf belwccn BUilder AiWi-Oniuklanl reldilve, 14 ihe GIAin,R involve,J I/1
[Link]
arbt?ration, ot mhcr ADR shall be RSulve(1 itl !:uch
I:?,galiDn, oi ,]t}ier
Iilbilralinli, AljR. l,i(I,e
evem (Ilut BI,ll,-leris required,
by Iuw O] by con[?i?cl, (o ic,olve a digpwe Wllt, il It,lid party iii
I,Iigmm, lirtlitiailonor ollnr ADR, (-ro,i<Liltam agi'eps io Mmicipdte icl by sucil Mwbe Mud
pmccdllrc.

/Ii ell LUM cilcum slances Wilder and [Link] Mgret ID [Link] ihpi, diamioi in a cmir1 ot
Projcu is located. TO
THF FULLEST EXTENT
law Iocaied b, the coimty in which tho

PERMITTED BY LAW, BUILDER AND CONSULTANT EACH m REVIL)C'ABI.Y,

UNCONDITIONAL,L.Y KNOWINGLY AND IN] ENTIONALLY WA]VES STS R[C,lfr TO
TRIAL BY JURY.

ln anv Iit,gak,otl,
iiI'bllritinn,
o)- ,>,tber
[Link],rtg
alro,neys'fcc<3 ilnd cosI, lh,It fjteexpressli
recovtrah!e by a party elsewhere Into Ihis Ag1(e,nenz, if :?fiy,and *,(,tw?hslandi,t8 law-
Sily
cllowlngtlie award Of Ume, b(,(h Buildrj: :]r,O Ccin=.#,Ilant agree Ihat O) nB[tl,er pany shell bc
emilted W recow any
Hliorm' (ee,[Link] Or emises even il Olje ;% Mund to be the
V,inv an4 (EiiDmh Milie .[Link] iorec.o.w ?iMiifiyw'Pee,5rguie
prevuilli,Ef
My
prevailillgpal ly. Both pai'Ne? warram they have. bcen [Link]?v l'owfhel Jt, tile
negotiatirwg
a?d *xacutlon of,h,i Agre:ement

SHOULD A CLA[M Ok CONTROVERSP ARISE BETWEEN BIJILDER AND A

THIRD PARTY REGARDING SERVICES PERFORMED BY OR THROUGH
CONSULTANL CONSULTANT AGREFSTO PARTICIPATE ASA PARTY UN, AND
BE BOUND BY, ANY PROCEDURES AND REQUIREMENTS FOR REMEDYING
CONSTRUCTION DEFECTS PURSUANT TO ANY RIGHT-TO-REPAIR STATVT*
AS INNTE'TU'IED BY SUCH 'THIRD PARTY AND 4NY SUBSEQUENT MEDIATION
All!,1;lie,-C'3mi,Iionl Agi,1,-. &,IZ-2:.Il[,
30185.0033 Ij
GU'40039841.2
 AND AHBITRATION PROCEEDINGS BETWEEN BUILDER AND SUCH THIRD
PARTY. CONSULTANT SHALL INCORPORATE PROVISIONS JN ALL
AGREEMENTS WITH CONSULTANTS REPRESENTATIVES WITH RESPECT TO
THE SERVICES PERFORMED REQUIRING ANY CONSULTANT
REPRESENTATIVE TO PARTIC]PATE 1?i AND BE BOUND BY, SUCH RIGHT TO
REPAIR STATUTE PROCEDURES, INCLUDING ME[JIA'r{ON AND ARBITRATION,

Builder's fnitiids
CnnsHIiM'S Inilia/5
22.
lm-ml#[Link],t. Const,}tani speclficat]y wmrrantb and agrees It: (i)shall not hire or
continue to employ aliens not authorized to wurk In the United
Stlt.s; (ti)h,?s and shall
continue to verlf,the e,nplvyn,en,documen[.tlon
xptclfiedtn the immigration Act; and
(ii!)has and shall pmperly complete and retain the U.S,
Cltlzenshlp and imlnigrwtion
Service's Form 1-9 for ull its
employees covered by the Immigration Aci. Accordingly,
Cor,Eultant atrea to defend, indemnity Ind huld Builder free and
harmless from a,Id
agafun itny e!alm* ur charges atserted or med against Builder Hnd any
judgments, flnef.
penaltiesand assessments entered agejn?t Builder wrisingfrom or as the result of the
e?ploymcnt or engagement of ariy persot, I,?onsistent with the foregoingpromtses or the
laws of Ihe United Slatew. [n addition,sl,ol,IdConsultBnl fail to
?:ompty with thli Set;Uon,
Builder shall have the rlghl lo resclnd this
Agreementanrlfor declare Con,ultenL in default
Under thts Agreemem und as a result Builder *vill be enttlled (o i?il
direct, Indirect,
consequential, Impact, or other cosls, expenses or damages, Included but not limited to
costs,]05# of brganizmtio?,16&1 profl(s, or attorneys'fees arising out of Or BN a result of
Consultantt breach of this Section.

FURTHERMORE, at Uulldor's sole discretion and at a monetary rernedy for such breach,
Builder muy, as Ilquidaled
damages and not ux a penalty, withhold all or any portion of
paymenu owedm Cai,fwmi
hreath.
iormmk
emWniedMnunpa?NWMW Consultam's

Builder's Initl.]s Consultanl''s Initiabi

23. Sumrvisicm-gf Ongte

Scrvicei EIPro]*g, [f Consultant :5 performing onsite
ProjectServices,Consuitnnt shall maintaill m,nperenl and sufficie,il Iupervislonof [Link]
[Link]<onsite at the Pfojocz duringall times that Conqultant is
perfcrmmg ttw-Services.
Consultani Rcprescn(ativei;onsite still be experienced,fullyable to commilnicalc with
Bujjder,
uained, and knowledgeable as to the Set'vk,A,und fha!! havt the to act fot and bind
*u(Ileri(Y
Consultani Consllttant [Link]:ntal:vei onsite shail be sarisfaaoryto Builder, and shall not be
changed w:thouf Builder's wtiite,1 cor?Eent- All coinmunicetions or dime(ions giYeflDo the onsite
Cvnf,ulimt RcpirsenlmivesShall beas bindine asir
gim 10 Cong ullam dipecuy [Link]
ihal; enforce strkN discipimc and
good order Dmting i,8 Corisultwnj and shall not
Rerl'etenl:ltlves,
el,bpjoyany nnflt ol' unskjlled pcrfon, CO/1901121)1 shall immediatelyremove and repfaceany
person deemed unfh or [Link] by Bullder. Conwullanf 31iallmaintain s Est of CDnsultam
Repre#entaw,ms the
prrforrn,i,g Services onsi!6 and shall p?od-uceruch lisi to Bull(lee
upon
rcquegt. Coi?Iullaot ShMU pci'formcrirnbnol background checks of any Consultant
Reprcstf,tative
th?i mll perforrnany portionof the Services On?ile, and Coniuliamsirall nol allow any reg}smed
A:IswanMMMird iMill
I,
30195.0003
GMMM/8
 i,1,offendel or tiny perkon M,lvietod ola fe,Icmyol a I,Iitdcmcai,Or
tovolvtngthefl, lai'(gi))f,
vw/BIK?. <ie#Ual assailli ui auy olh.r crinie 1,f moral zurp,Iune ln
Pfrf<*M onm? SeTVYCes Iii
performingatwh hafhground check?, Comulianl Ma/I eorilrly wilh k,IiTciluiremmls Of il,e Fzi,
C,Fdil Reportinx Ac, and any other t,pplicabl:r iaws irwj rl:gu!8tio,ls

24Waiver of B:.each. Waiv,i I,yn#her Pu,ty ol'wr?F hrmach by the omm P-,utv ol
i,Iiy
of Ibi,i Agfceinent sh:,Il ni,I be dcr.,nerl A
I,r't,vfsioJ, waivmr of a,ny 0(her or Subs,quen,bi'each, nci
I,
vose any other baach uf [bis Agree,ncittby clthc, Pany,

2.5 TiinaRefGM=CS Ar,[Link].?InihisASRMei.1 I.(,LIini:iof ihem-Mmmeu

Ubl;gotio,lso, lo
elapsed time Jhal] Inean co,I,ecul,Vc, cl?Iendat oayb, ,ilonlhs o,- ,veluzi, a..
unl:&&
app'Icnljle, ollicrwise e Kpres,ly *ndiclned herelri, 'finla ?E of Ibe easecce cd tbzi:,

Agreemg:

26 Tradernark Nc,thei C'i,rlxllkal,[

I,o, Bllilrlar will use ei?ch otll,T'6 name,
I,)guor
Irademmks in any fasldot, *,jtl,oultllf Brpios.. wi,Ilen eoi,5em of each o,hei' Builder exp? e!:sh
fe:,brves Iltr ti@h?e[?pprove. in advance, iIi nan,e
heillgP[ateilD,) a Iirt r,I ruprt;ehrative olinrll,-
iol Ulstf,bw,on by Conmll(ani,

1'7
.* Enbre A grg?mgni'. Mtsc?tli)8522uil'bis Agiaemeftl ('w?t:!udlng
ea,:tl,*hmnge [}rde,
execu/CN Uyi/[Link],lm,biliucosihB erilireAMMMIhtimnily?Parliea,MRMailfumwe
r,Ilolher orol or wriller, agreernenls between Iho Patties,Iespecting Lhr Autuecl nmtlet cif (hia
AgrEremcnl Mi8 [Link]?nly InmdiM or AIiMiwca by 1%,ilk? InsiNMNiemiltw
bj boll, Partl,a Tttls Agrttfrrnl-il,all k
bc governed by ttic laws o[ the Stale wliere Che Pro,iecl
loei,lecl a,id ihJII be cunutued I.9 ,f il wcrc ;)repi?,ed
JoinUY by ihp. Pmgics. In Lheemlr.N u
confji:1 bmw<:en ttieterms ot Ihls Aglet?men, and the provisions
rf any e,thibll hereio, the tccm:
i,1 ihif Agreelmeml shall MNW
lB, b,!Yer Tfi tile [Link] da.[nages aie ci,ven:d by propcrty i,isll,11,tce during
c?m,trtlc'Non, the [Link] anl waivc.t 111 l'ighb; nge,nsl Bnlldfr and (.tscon:iulta,Hs, agc,116 al,d
e n,playcus for dm! Jges.

29. Subcontruetors. The O?nsuli i,nl

Bll'(lilwpf an,i Btl,]de, ,?I,aflb,c
bouniJ
,rit,liiully
ty Ille rermi of (Mis Agreemerlt J1nd (Jon?,ultadlrs ibitll cnl,AC 21,;r
Of CQ,?$;ultatlt'4 SUIJC.O,Ij,Ltkan[@,
stlbcoi,trac{Or&, Aitb-Bpbcoolra(.tor5, rr, a???ume iowaid tile Builder ,<et
Or s,lpplicit? lc,ns i?nd
cibli,;ai
of t.h: Consuitatit
resporrsibilltiet Uildot'UJIS Agrgement Ko (he ,3xter,t f,pplicivblelo Iheir ,copt ot
worh Funm. I/IR [Link] fllill iMirli:Hlly IHclude. WII
any s,icb amimts; wiliJ
s,ibcoi,riactoi'6, Qf CO,5;Ultenrs a pAC?visio[%
6,Ippliwfx which idlgw;; rl)c Builder
*he, and [Link] Uga!831 the Nub{X,n!1-ac[Drs, tl?[Link],li'actors,
benefit of ull righib,re r,itditis
?qkplie,9
oi' coi,xlillants thfir Ihd Whefe s pfovlslon of
Builder hei againstthe C,],Iiultant Ijcl'ctrl.

M Mifmifto
such docume:]tiw Incotlsihlellt wj t IL it prov iiion ot- (h A Agree meil:. lhk Agreemenl shall govcrn
i5

Whhili the ainwllant 3*iell requimih& subc?ntiuc ri,B. 91,b-kub?:mwmm.

Buppliers or r,oq,iullants to be bound, inc!ud:, but arc not li,mtcd tlic altet,iallve
tr,
di,lpnle
resolution requi?':n-?en,s, warranty require.m.:nts, insurun:?e reql,brt=mems,
Indelnn,ty
reqolrfrtleno;
,and ownsrship ol? docoman(s rcqui,tmen(sol tltisAgifemeni

30. Coguafmign While

by Coilsull:U?t. ihi) Agvcenienl lr. i,i :ffeci finn nfter
Icr,T,1 nal,un 1.hc3,&eof(whelher (ne Ag,eenlent txphr/ ,)rt l,8 own to, n?5, Is ternl,nn(ed putmu?nl io

*1151rte?.-Co..?,AN -0.*'i? =.1-Mm'N'

M' EiS A..9 I,I

QM.40,-O#641 7
 [Link] 3 /haml, or [Link]),
C,-,MH/LMI[ugmsio Mgimabl y coofierkiw with Bl,IMT IC.
feli,)]ve ilny drid td] d spufes ai:d/oi lo e[fe<:lititte
uiiy ztrl<1 *ll Iirl:isucli,):ks
witti t}ilili
pai'(ks,
IINII/[Link]/IOUI ?lmil-UIKM. Suh cnnHiMIiL ieg,JIUinrybnltier?gnvernmir,E,W
MM [Link], :mil
pwrchusurs, Icmteu to Wom pevmmd by COMI/ltini Mllalil I,Y Ihis Agi [Link],t
Co,15ultant agrce, rea?onatile cuoperul Iot, Ir?cl,Ides,
v,,ilhoutIimilbljbr,-flI promptlyre';pondlnl;
to B,illder'f inqlili'il.8
related In [Link],IBcir Irari.,[Link],lili mniptly Mviding all due
and/oi
rliligenca. Dlhet' d,x:,in,cn<5 by Butlde, ihti, is ,,vwilubl, lo o, h, the comrol or
reqiie.,<(ed
Consxjlt,t,t,wid .['G) pli?mpI[yexecuting all doculnetirb dlece,lary (r) ?esol,e Auch
dap?c oi
effe,CTU* such irRnhztqlten *.icqucR?edby B,Ailder the iei m: aud obl'Igatjoi?s
eoi,tair,ed in Thi.,
S:C:]on 10 JliBIJ 5UJ'Vi V-S the
ekpilai ion J,id/oi Krminncion of this Agreement

31. Aulhorily. By below, ihsal he or she is

signing thf: :ndersigtled cerdties
Aulbo,iMYW ckccute Iilis .Weemni Gna i.i
ti?kinglhi,$ u<1109 wilh ?Wi Mlhorilyinjm [Link]
pr?#ic'Ipal

32 cf?Unletpbl1, This Agreetnenl miw be exe.c?Ited i n

[Link] ser of
?r,itntr.1'partg, i,

whh:h ghall be [Link] to be an original and tillof which Iogetliei Shall cornpnse but a
&ingle
nit,umerit mi,y be give via I'keirmle transmi.,s]On and shal bc de,mco given ag (,f
i
Stgllalure.4
[hc da{e o f Ihe IA'ansrn,ffign of tllikAgrce,[Link]
by fac.#Inkile
lo Illeelhe,' pat ly,

33 No Liabilliy-of
STQE Consultant u..kno,Niedgesand .m.5 Iilal,
nc,[Link],idifig
anyihinfj m ihis Agiwnml io rm inmlraly Cll DTOF ghal/MI: MJ Iianllily
UrioeI IM
Agreclnent ehpre#s or M,Plied, to, ally c,bligattoni;
of Bud{Ier to CO[lsidt&nt,, m'icwill-,slanding
any
pn*ision Of [hil?Agreemitm induding, but not limitedlo,that STOF iS Ah addit ioni,l Insured On
C o,laultanl'sirlx,Irance policies,Ihat the Prnjem it on STOF tribal STOF may pay
Iand.,ihar
Bmdei pllrsodnt lo 01 Sepmrab? agreement (or the Work [Link],rnca 1.,y that STOP Js
Con.,ultattc,
cn(idtd to be dNgoed <Ile Work Produel and ibat carla,n iridcmnil}es
by Consutiai,t ni,i in favor
of STOF; Oo STCF is not a
par(y in bhis Agrcemcn, and Comntctoi shall have no rccourfe
vgain5[ Sl OF br uliy default hcrewlde? by Builder,and (ih) STOP ha,s not fubr]Iilled to a,id chifi
Ag,'[Link] not inlended zo subjectSTOF or i'% tnbat la,idjtto, the jurisdic,ion or the SL,Ie vf
Ftoridw or its co,irl 6- o:' o?imjnklrulive bodie).

ktppCaI 00 1-0)1[1WIr,g
[Link],l,F?l,Jrc& page 1

>." 1141*.'-1 .A .UWI..r.[ .b?t.'?ir ,., ..1 1

21'Il,I
JMI//5 UU?j 'j
Uh.1:,1,}UJO646 N
 IN W ITNESS WHEREOF, the pailieshereto hsve executed Ihis Agreement as of the day
and [Link] first 2*l,ove written

-
'[Link] '
CONSULTANT"
Iinurt [Link] Builder Name Here l I[nsgertConBI]llant Name Here!
kl

By' By

-
Name; Name:

Tilk Tille:

Federal ID No.

Slaici?cenwm

Al?SMM? Co?:ullinl Atm, Iv 4 11 2[btH)

30?550033 16
GM .003954 t -2
 ,,
RXHIBIT-A

SUMMARYSHEET

EXHIBIT "A ..

A-I
30185.0033
GM'40039*4 ) 2
 Con.n.,It,[Link]

Coni,iu No,
MCilnc?MHM?
Mulmim Aica
D= of Coti,ut,;:r,l
A,fp,nmil
Rc: iAHMMJimcrsH:.i

Ccrnpenja[ion fOr yul'Vif fN Iv Itj fdlr,li'Z.

Frcfcnio,]ml Ne?vlor: Fo 00
[Link]/CE,Mew $000

lolal C.,mr>un,n)1(m for bernw,: S .-

FEE. &[Link]:
Coe,nsaebn Ibr Sc,vi:c E] Hmliy @Eli.00f]Erh.,lit

O 'O,hrr
TolhL*utnuvn#illo,1
I,Jr il,i,-v{Djq?a?ihalLai!;
Ug?g;lun?lmWJI r,1
Jf Ykc;
V) Oc fi>, Pr<,ft:5§1-,71 *l()0 ftjr Reinih?.,,*IF
CXMMM cmmvlnHM
Arl,j,
LE[K,-J#
wljba?11/M

Kla,tncr MP,lym:Itt rl? Cc,rr,pailtal,on- [I Mon lil,

DUM
Tl,nr Pcrioai:
O? fo, Crtrrlmmxmrrk, e,f itiv,cei
ge MC'qmplcflm,31 SCI'v eel
t ):11?f J)0104 tif
?frl.'?t,41RL,f-LSixel,oini
dea[IJ;hes, cl'.J h'iA

MM
S?]hlr,il?,un (d fi, v?t,aq fi}, Timt 4 1(ei,?,Du 1$:*,blc-E,rfnitp 1-li,i-1.,illilit -K} 0?b?ri uP Jalc of- rtce,p! oi- zu,itolcte iflvo,cirgr

SMILni-

y
[KI,*,)?i??r,i,, R :,cr,buf$:[tileE * Faiue, $O OD Qf y
fibf t, n,Ic :p Fe,,w or U,aL,p (.1 ,;:t.,I,HI 0, ptl, ULE
El ('ihc

Irriu[Sr, ca Ailic,- [Link]..I. [Il AS ;pcCJAxl in Ayree.,t'.i.l

O Othc, ;pCE Wier; (,CN,w
Celnplch.-,)+ive Oeno,9 l?iihfl,ty' ['el OC?CU,Nnl C

Mrzb,l=.; Prr I,t'*S.

por orcoi/CMM?y My. 1,Acl

pei dz,n,1*t

[Link] Fo, ?Ill,l,wrr,i dt.,i.n*

rollcy 'f'pn,
PI-ore:'.Ieina, tiot,111,

hl i<ce I 'Nl'."U 3 MW. ,cf'te,[,e :uwrm#wbw LM imude

'

M,Fts&:Oilll Se] vicl:t, m.l

Ie,MUI [Link]
IPM?IiNVUice:MsubmHingmmm [Link]?1?.ms;Iyn?[Link] a, :A,i
,?4['Ilional it,wrN Bt)1 ?Ilt,11 C.?,116.n A wfHV'r L'I
J,jbr(]g?mi.

[Link]"B"
B-I
 EXHIHI'r y

Fenr,it Package Requiremenl,

Residcmial shajl mean SingleFaml>y,Duplex, end/or Townhcuse building

types-

, Non-Residentral shall mean Multi-Family,

Commercial, and/or Industrial buildingIypes

Wmmcmliunsinil (Commwrsmd [Link])

, F}lied out Contractor's form (seeattached)
registration
. Proof <oopy)ofappliqahhtvalid Contractors license
I Proof of applicableIiobiliry
and workers compensation insurance (Seminole Tribe ef
florida zddmonal insured)

Residenth:l Buildjng Permit chccklisi:

Filled out Building Pc,mit
Application(gee atutohed)Pemtil and Sub Permits are
colrecllyfilled Ouf (initudingemail address),
3*gncd and [Link] (2) sets of plarn
(signed Nnd scaled by a Brofessionsl)
must accompany the application.

Proof of miwable Seminolc Tribal Hi:,toricP,csmamon Office THPO dearance

I Proof of applicableEnvironmental ReROUICe
Managcmcni Depamem (ERMD)
clearance
o hvo eopiesof the Survey and when neces,ary a "plol"or ",i(c+'plan showing (hc area iu
which work wilt be done. Elevation Cetlifcatel after lowest floor is completed AND at
Fi,ial C.O.
.
Energy Coiculatiurl formz, and healing/cooitngload calculalions.
. TM wpits ofall Iiecegsiry Pmducl Amvals. -Mcgcindude hui are noi limiled W Ali
rooling materials, cxtcriur w,ndows and doors. slieds,shulcer,awnings, truases,
el C-
skylighu
 SEMINOLE TRIBE Oy FLORIDA
-?--Y- TRIBAL INSPECTOR' DEPARTMEN- t
6153 TAF-r ST Sl,r;E J08
Hot LYwnoO, Fl. 1]014
[Link]
EMAIL.
aufUZU{GDEPT@gl?MIRJBEKQM

IlljILTUNG PERMIT APPLICATION

MAPEA F[RM't No,'

'L,IfU[AQU. APPA *CATIOv DA rt IUCk fvco.
INrt?,Off,Cf?JIWN??
PILNRCr L(*1 TION 1 Mll ORMA'WON:
H[,fERVA'IK'N: C/iOLLV?rocu CBIW CVFXEr, OB.,ICH,ON Flt AMI'A //MIL
Q IMI,101?Al EB LPORI V]ERct OL,[Link] nc<,rON,-17
CREV.1'

OWHF.R'!; NAME.
JOG SITE Aoonui
CIT,-:
SIAit: ZI,
PROJECT N.-Mli.
STOFCDMLTMMREMMED:
I'PIW?1 UK: PMOI'0560 US(IX

AAe+UTECUEHO/,4/IR '% N *Ma [Link]'FNRM NO.:

Al?[>PfSS:
Mlsm. 7/r
"I- EMAIL:

--
T'.'Pipor

[Link]'
Pi?[Link],

ODtlll,OINC
UfUSIDE!111?AL

OEI Crm,CAL
C]CO#*Z*Elli /[.,bli*rR;,AL Dsmm
[JMPCKAk!(?AL [Link],0 ORoormo t] F?E
OPAL OF CON,RAelox / ARCH, f'rer J ENGINEER
CJC,IANGe OOT..Ea:

- r--
l'YI EOF b.11'AOvO4[S"7 ONEW !3[[Link] [I]AnD;1]o:, OA ?.ri.R 4"*4 Oi.),h,[Link],1
C]REvitmw Ocn,4,8
DEEi*?[Link]-kk

SOUNE FEET: CONSTRUCTIC.Y TYPE, JOI} VALDAMON: PBC rN EFFEci-:

LINXAL FEET: OCCDP.'.Nry GlkODP: Ora PANrv LOAt, WIND SFI'ED:

FOR AU. PZAMjrArhilt<Nitn

APPLIC,aIOI, 15 t:ERI:BIY A.:ADE rO O?r?tlfi A rkU#Il IO 6,0 l,OAK AND INSTAL,L.47,0,(, AS {f(0[CAI-ED Ih SIOIJ,AD rlt,E APPLICATION, i 2[P-FIF-.' 1-NAT Att.
MGVIOGD NFORMKTH]r,1
lS ACCUfLATE Ahll? WOAL W,f.1 t!1; FI; IlyOK?48 IN COb,lkt.1 ?NCE ?'inf ALL [Link] .A'Wl kMUI.A'HHO CONSTN,CTKM UT,OER Tll[
SWIINOt R iDF Fltt]Oi0,
tll!151? I
UNI?ERSY,f(Dl-&fAT T,IIS AFPLICATIIDN PF.R T??IWS ONLY TO TIil; WORk LiF,SCESOB[3 He?EIN, ?P?t>Tl,AT ,[ ADDITIO*AL WOPK I; 10
Pi#FDRUED f)24'r),JD TtdAT OUC?Ir'hO,j A < EP*RATE FER)?UI MAY FF RrOA,IREO DE
,
eDi NOJY.,0.L K FDI I?O I F,7 0 E IM)/VE 8T <1 *?fl!,1'
.9

UWI MEKEB?- SUBMCT THIN AFPI.,C AI,ON IO DO 1.*Oi,k "ijV OWE.r' *,Thlol,T T]U AilliTMM[E OR
RUM #UBI.E ; + ALL WOA.* 4koCLEANUI' 910(:IA Irt) WITM I-Hb ,t?evi 0ESFRIrrlo,ICF w'ONK
EI.,ft,)[Link] i COIJ,KACrOI(, AND Wln, IE COk<PLETEL'/

l Cekl?,Y 11*AT At b, ht CORG<1]NO (-NFORN,ATHJN .CCDGIATE AND Illtr ,%LL WilliA Wri.L
IS i?i DONE ff, COMI,[Link] W?Tll Ai,I t,FLJC'A?LB 1.,k?,IV*
RDGI?[Link] CDN:tl?WCT]tb

CF#IM+RVCOMrkACTOIR C]lh' nv,Mtk OF,3. *I?? t03 ],IC?NBE /CE#r?FkZATE ,?F Cljh,Prt??CV
ammm, OUA?t,eR NAW
1[Il.'ll ESR
Cir'vSTA-,E
TEL
l)LALIFIE]t. Fkk ENAiL I
[Link]. NAM - COWMC, 1 EL

[Link]
39'at', BFFFOIE ME Tlkt O AY OF Z0 HOTARYF, 9%

Ait. [Link])5 Mlisl' Bl CaMVLETI.D OR N/A

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Ei- rc Fr,fc.A 1 S V % .Cor.[i A< C' i oR , APP U<'A NT I MP ORMAT' O M KO

:
[Link] :

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QUA I I FI E R (?U

APr,v.[53
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QBL,FIER TEI.r
l?.,A,L
Crl,o *' i''l..?,k
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'.. ''?lr.c T T GI.

011.4[1 f 'M S,[ONAI-J}Iiy

S';.rOHN [Link] -f,rs m y or NO r AR , [Link]]L!? ,

SCOFE OY W'DB.K

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M WH AN ?CA 1. Sf)0 .CON TRA f'r,7- t
i,Ft I CA NT I,? ?ej?Al < Tt rr? ?

L: C I Hsy. Nn.:
N.*i r:
OUAIJHER T,J,[Link]
?

ACIDRGSE- CIT'*,STAYE' Zj,

OUAL?F'*F TEL. F,-:.

C:1'd;ACINAMF.- < . 0;i TA r. r 'r r I

GU* L IPI ERS'GN.4 i-UP-2

S?O*U, A+CRBE ME F}*$ [hy t]F NOT AQ , r' UZ' q-

SC'Ori Ow W'C,ou

PLUM[BrMG Sul!-C{39-EBAC-iiOR/,AiPFI,M-A/7 I'gFOIAhl?TION:

LICWKE No :

Nt!.lr-
WI."LIFIO;, ".,hF.
A DDRES? l f 94 r.47 1:
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(-DUAL fF fC: i EL.
E AI
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[Link] J r N,-i, E
m
CoeT?ERR
f)u4 IFX CH SIG"ATUIU

SWO'l N hbr'.LVE Mt Ta'S 20 N'lh.k?r' Pi,n:.I,-,-

5'ruM OF A'Opt

RuCF NUe- C f:Iw t#*c-ion A PPI/(-.fN J f 'N f 0?t'-'Al I')4'

!.t{J LNiE t?D.:
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Qt;ALIFIER i'J,--,E

AO?RE5 C./,15T,Tr 2 )#- ----

OU.i Ljr,ER TEL C*.141 L
Cf,NIAC l N?,h,1)'
Cr,Dc, T TR,
,

QU'i'rt.,FR S,el.'1 UILE

R*31?E kIE 14d

Sv<1,-,t 1),4" 01 ZD t:OT,-a .' Pua J
1:
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[Link]:>F WORK -
'

R
O7162k Sl, O?Cr?Nl f:ACNOKVEL,At-TY k Aff' L;CA NT ffQ?}[ MA TI OA

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AOC?<Es 5 LIF//[Link] LI''

Ot'/'=if,1?PTE, t,:<. l-,?: L

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SWORN arfC I?.E-F TII?3 -.- D-, Pf 20 NM,-l?Y l'Ual-)r

i

SC'*'E O.r WOKK

*LI. F/ELI>5 MUST BE COMPLETED OR N,a

irM Mp.I.-,- Dmer?, T?. ..18
I
,

SEM]NOLE TRIBE OF FLORIDA

DAVID "UKOUGNO MARCEUIJE W. OSCEOLAi In. rlul, mm
BUMMmtt..
n M MITCHELLCyPXENS. Vk:c Cha,rman
Ib,1 i m,0'i?or; Of
e :al 7.,[ i,re"riul"50E
r..1 5-".1
AMDI<1W I, BOWEHi IR. Br[,htorl Cownrllm,n
Hollywqod, *k,i[A, 1302*
T. (954> n,4 Io.6 Ext i/lltlgrnPH ER OSCEOU. HollrNwod Cnumalrrkji
Ictl:
P. (954jg?,-t%" [Link],coumum
LAV UNNG ROSE, *arr,iary
PETER A. HAHN. Tre#urer

CONTRACTOR'S REGISTRATION
Ploa,e prini clearly

Umpany Name
.G, u?#+ii4-*,
,#,r SGid
H".'4-

Company Address:

City:
. 951? . Zip Code: -
Busine#g Phonc{ > Businus Fllx Nof )

Conla:t Name: Email i

Namf'-
Qtlalifitt,5

PLEASE SUBMIT A COPY OF THE FOLLOW!NG

STAYE OM COUNTY LICENSE/CRRTiFICATICN
GENERAL LIABILITY
WORKERSCOMPENSATION

natne
-rhe certificate,tiust The
Semi?ole 'Tribe or Fl{,r,ds iaspec:or, Depar?menl, 6363 Taft
S(,,
sullt 30S, Hollywood, MI. 33024 ac U?e certificate I,olderaticl#3 additional insured, -rhe additu,r,al
tnstired needs to te included in rhe Oezottotion box un the L'erli fieale aild alse
by sepgralr
cndo,sement.
 EKH]BITG
Lennar Pool Home Confirmation Notice

30 18500:J
GM 4039641 :2
 EXHIBIT H
Form of Member Home Purchase Agreement

EXHIBIT'LB"
B-t
 EXHIBIT I
of Mable T
Description Prope,ty

30183 0033
CiM:40039e.1 2
 -
9.r
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1
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L-
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DK
C
C]
M-M-
Struee

hu,t,el T Fc,Mk Heuime A,a

Cypre,s Reservation
Exhibit t

2017 Aenl Ii,ggery

Tribal Residential Lands 7
--.
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 EXHIBIT K

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 EXHIBIT I.

Insurmte

Builoer shall procure and maintain the

followinginsurance coverages:

1,
We/kersL-Cpmaensationx
CoverageA. StatutoryBenefits
Coverage B. Employers' Liabilitylimits of not Iess Ihan:
Bodtly Injury by accident $1,000,000each accident
Bodily Injuryby disease $ J,000,000 policylimit
Bodily Injuryby disease $1,000,000 each employee
(. Commer<i@I Auto Covfrqet

Automobile Liabmly coverage jn the amount of $1,000,000 eombigcd

singlehmit, enc],
aceidenl. covering all owned, hired and non-owned autos,

3.
[Link],I [Link]

Commercial General Liability

coverage <equivalem ir,coverageio [SO form CG 00 0) )
wilh limits as follows:

Each Occurrence Lrnil $ I.000,000

Personal Advqrl,singInjuryLimit $ l,000,000
Products/Completed
OpelatlonsAggltgalr Limit BINGO,000
Genes'al Aggregate Limit $2,000,000
(otherilian Produets:Compleled
Operations)

l'he [Link] irqilud;

a) Aa Additional Insured Endorserner,[ ilamingas additional insured*

"Seminote Trihe of Flonda" together with Waiver of
Subrogabon Endortemtnt.

b) Coverage must be on an "occurrence" fbrm. "Clainis Made" and "Modified

Occurrente" forms arc not acceptable.
4.
Olher Requlrcrnenli:

a) All must bc written by insurance eo,npimkb whc,se Tatint

poh{:ies t,1 the mosl recent
Best's RatingOuide. is not less than A i.h VII

M Cetll ficates of Insu:arice will be provided upo,i writte,1 request fron, STOr.
ACnVE Jg 952 ? 59-,45

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FLOWING WELL HOUSGNO DEVELOPMENT

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 AMENDMENT NO. 2
This is Amendment No, 2 to the Community Development Agreement ( 'CDA' ) effective
as of September 10, 2019, the last date of the CDA signature page, between che 2-EMINOLE
TRIBE OF FLORIDA. federallyrecognized Indian Tribe under 25 U.S.C. §5123. (hereinafter
a
the 'Tribe") and LENNAR HOMES. LLC, a Flohda limited habititycompany (hereinafter

'Lennar"). Terms not otherwise defined herein shall have the meaning described to them in the
CDA.

RECITAI?S

WHEREAS. the Tribal Council of the Seminole Tribe of Flonda approved the CDA by Tribal
Council Resolution No. C-557-19 adopted on August 23, 2019 titled- *'APPROVAL OF THE
COMMUNITY DEVELOPMENT AGREEMENT BETWEEN THE SEMINOLE TRIBE OF
FLORIDA AND [Link] HOMES, LLC SUBJECT TO CERTAIN CONDITIONS. LIMITED
WAIVER OF SOVEREIGN IMMUNITY .

WHEREAS, Amendment No. 1. attached hereto as Attachment A w-as authonzed by Tribal

Council Resolution No. C-411-20 adopted on August 21, 2020 and titled "APPROVAL OF
AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT AGREEMENT BETWEEN
THE SEMINOLE TRIBE OF FLORIDA AND LENNAR HOMES,LLC, SUBJECT TO
CERTAIN CONDIT[ONS; LIMITED WAIVER OF [Link] IMMUNITY:
RATIFICA TION OF EXECUTION OF AMENDMENT NO. 1 BY THE CHAIRMAN OF THE
TRIBAL CO[.INCIL". adding the Flowing Well Property on the Brighton Seminole Indian
Reservation to the list of Initial Communities.

WHEREAS. the Tnbal Community Development Department of the Tribe (hereinafter "TCD' )
has determined the need for the additional housing development for the land known as the
Lakeland Property. which is divided into four (4) phases, by adding twenty-six (26) Member
Homes in Phase II and twenty-six (261 Member Homes in Phase III. Phase IV is not included in
this Amendment.

WHEREAS, the TCD has determined the need for the additional housing development for the land
known as the Flowing Well Property, by adding one ( 1) lot designated for Tribal Lease Pool
Homes and increasing the originalthirty-nine(39) homes on the lots designated as "Lease Pool
Homes by Lennar' to forty(40)
C.1
?Lease Pool Homes by Lennar".

WHEREAS. the TCD has detennined the need for housing development for the land known as lhe
RV Hideaway Property located in the Hollywood Scminole Indian Reservation in Lhe Seminole
Park Development, including construction of multiple townhonle buildings with up to a total of
sixty (60) residential units, demolition of the existingmobile home park, and site infrastructure
Improvements.

Amendment #2
Community Development Agreement
Lermar Homes. LLC
NOW THEREFORE, the Tribe and Lennar hereby agree that the CDA shall be amended as
follows:

1 Article X, Initial Communities, of the CDA

shall be amended to modify Section 10.03,

and Exhibit KshalI be replacedwith Exhibit K. Amendment No. 2, attached hereto and
made a part hereof,as follows:

Section 10.03 Lakeland [Link] Tribal Residential Lands include,without

limitation,land known the f'LakelandProperty"which consists of four (4)phases
as described on Exhibit K, Amendment No. 2 within the Lakeland Trust lands.

Phase IV is not included in this Amendment but may be considered and

incorporatedinto the CDA by future Amendment. This Agreement shall constitute

the Conlmuni ty Commencement Notice for the Lakeland Property. Builder shall:

B. Phase 1 - Build on the Phase I Lakeland Property,forty-six (46)

Member Homes. The Tribe shall be the Infrastructure Party.
Construction of a home on lot 41, as indicated on Exhibit K,
Amendment 2 is not mcluded.

b. Phase II - Build on the Phase

Lakeland Property,twenty-six(26)
II

Member Homes. The homes the same

shall be constructed
utilizing
and elevations as in Phase I, Lennar shall be
[Link],
the Infrastructure Party.

C. Phase III - Build on the Phase

Lakeland Property,
III twenty-six(26)
Member Homes. The homes shall be constructed utilizing the sallie

and elevations as In Phase I. Lennar shall be

plans,specifications,
the Infrastructure Party.

2. of the
Article X, Initial Communities, CDA shall be amended
modify Section 10.05,
to

and Exhibit 1A shall be replacedwith Exhibit 1A. Amendment No. 2, attached hereto
and made a part hereof, as follows:

Section 10.05 Flowing Well Property. The Tribal Residential Lands include,
without limitation,land known the *'FlowingWell Property"consisting of seventy

(70)lotsdescribed on Exhibit lA, Amendment No. 2, within the BrightonSeminole

Indian Reservation. Builder shall build on the Flowing Well Property forty (40)
homes on the lots designatedas "Lease Pool Homes by Lennar", and 30 homes
2. The
designatedas "Residences by Lennar" on Exhibit 1A, Amendment No.
homes shall be constructed utilizingthe same plans,specifications,and elevations
as in the Mabel T Frank and Seminole Park single family homes as shown on
Exhibit lA, Amendment No, 2. Lennar shall be the Infrastructure Party. The Tribe
shall retain the Tribal Development Option in Section 10.04 of the CDA. This

Agreement shall constitute the Community Commencement Notice for the Flowhig
Well Property.

Amendment #2
Community Development Agreement
Lennar Homes, LLC
 3 Article X, Initial Communities, of the CDA
be amended to add Section 10.06 and
shall

add Exhibit 1 B. Amendment 2, attached hereto and made a part hereof, as follows:

Section 10.06 RV
Hideawav Property. The Tribal Residential Lands include,
land known the Rv Hideaway Property"consistingof multiple
without limitation,
townhome buildingswith up to a total of sixty(60) townhomes as described on the
conceptual plan marked Exhibit 1 B, Amendment 2, within the Hollywood
Reservation. This Agreement shall constitute the Community Commencement
Notice for the RV Hideaway Property Lennar shall be the Infrastructure Party.

a. Build on the RV Hideaway Property multipletownhome buildings

with up to sixty(60) townhomes [Link] townhomes shall
the
be constricted utilizing same and elevations
plans,specifications,
as the townhomes in Phase I of the Seminole Park Property. Lennar
shallbe the Infrastructure Party, Lennar shall be responsible for all

necessary demolition ofthe RV

existing Hideaway site includingbut
not limited to above and nnderground utilities, trailers,buildings,
roadways, slabs, and all other incidental demolition activities to
prepare the site for construction of the new cominunity. Lennar,
actingat the direction of the Tribe and as the Tribe's contractor, if
required, shall perform environmental remediation of the RV
Hideaway Property.

All other terms and conditions of the CDA as well as the terms and conditions added by
Amendment No. 1, unless otherwise amended herein, are to remain in full force and effect To the
between the Agreement, as modified by Amendment No. 1, and
extent there is any inconsistency
this Amendment No. 2, this Amendment No. 2 shall control to the extent of the inconsistency.

Attachments:
Attachment A - Amendment No. 1
(Incorporatedby reference)
-
Exhibit K, Amendment No. 2 Lakeland Property
-
Exhibit lA, Amendment No. 2 Flowing Well Property
Exhibit ZB, Amendment No. 2 -RV Hideaway Property

END OF TEXT. SIGNATURES APPEAR ON NEXT PAGE

Amendment #2
Community Development Agaement
Lennar Homes, LLC
 IN WITNESS WHEREOF, the parties
hereto have Amendment No.2 to the Agreement
caused the
to be executed on the respective
by their duly authorized representatives dates set forth below at
the Hollywood Seminole Indian Reservation,Broward County,Florida.

SEMINOLE TRIBE OF FLORIDA, LENNA R HOMES, LLC,

A federally
recognizedindian Tribe Under a Florida limited liability
company
25 U.S.C.§5123

By:
Name:
-iLBZO
Marcellus W. Osceola. Jr.
By: OE?TGZ--S
i?mei u?-UMT
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Title: Chairman Title: Lr. QKES
JR. VKE
Date:
319/ZOM Date:
4/V8/7081

4
Amendment #2
Community Development Agreement
LennarHcmes. LLC
 ATTACHMENT A

AMENDMENT NO. 1
'I his is Amendment No. 1 to the Community Development Agreement ("CDA") effective

as of September 10, 2019, the last date of the signaturepage, between the SEMINOLE
CDA
TRIBE OF FLORIDA, a federallyrecognized Indian Tribe under 25 U.S.C. §5123, (hereinafter
the "Tribe') andLENNAR HOMES. LLC. a Florida limited liabilitycompany (hereinafter
Lennar"l which CDA is attached hereto as Attachment A, and by this reference incorporated

herein. Terms not otherwise defined herein shall have the meaning described to them in the
CDA.

RECITALS

WHEREAS, the Tribal Council of the Seminole Tribe of Florida approved the CDA by Tribal
"APPROVAL OF THE
Council Resolution No. C-557-19 adopted on August 23, 2019 titled:

COMMUNITY DEVELOPMENT AGREEMENT BETWEEN THE SEMINOLE TRIBE OF

FLORIDA AND LENNAR HOMES, LLC SUBJECT TO CERTArN CONDITIONS. LIMITED
WAIVER OF SOVEREIGN MMUNITY".

WHEREAS. the CDA includes a that

provision the Tribe has the Tribal Development Option
to reserve certain lots in the followingcommunities for its own developmentas listed below or to

designateand release the lots for construction of homes by Lennar Homes, LLC (hereinafter
"Lennar") through a Community Commencement Notice:

Mabel T. Property,Lots 33-49 (total17)

Semino]e Park, Lots 19-26, and 55-75 (total29)
Lakeland Property,Lots 20-23,26-29, and 31 (total9); and

WHEREAS, the Tribal Community Development Department ofthe Tribe subsequently

determined that it was of the Tribe and its Tribal members to exercise the
in the best interest

Tribal Development Option to designate and release the above lots, and on or about May 6,
2020, the authorized representative of Lennar acknowledged and accepted the Community
Commencement Notice which included the stipulation that the Tribe continues to reserve the
notice to Lennar, in the event
rightto construct homes for its members upon subsequent timely
such need shall arrive; and

WHEREAS. Community Development Department has determined the need for

the Tribal

housing development for the Flowing Well property

on the Brighton Seminole Indian
(69) lots. Thirty-nine(39) of the
Reservation consistingof sixty-nine lots will be designatedfor
Tribal Lease Pool Homes: and

NOW THEREFORE, the Tribe and Lennar hereby agree that the CDA shall be amended as

follows:

1. Article X, Initial Communities. of the CDA shall be amended to add Section 10.05 as
follows:

Section 10.05 Flowing Well Property. The Tribal Residential Lands include. without
limitation,land known the "Flowine Well Propertv" consisting of sixty-nine(69) lots
described on Exhibit 1A, within the Brighton Seminole Indian Reservation. Builder
(39) homes on the lots designatedas
on the Flowing Well Property thirty-nine
shall build
*5
"Lease Pool Homes By Lennar', and 30 homes designatedas Residences by Lennar on
 ATrACH MENT A

the Iribal Dewlopment Option In Seetiun 1().0.! of

ErhibiUA uith the Tribe retaining
the CDA. Lennar shall be the inlraitrueture Part> for tile t IoK ing N'eli Properl>,

Ame,jment Ng. 1 and Exhibit tA attached hereto shall be incorporatedinto the CDA and
made a part thereof.

All other terms and conditions of the CDA, as amended herein, shall remain in full force and
c/Tea.

IN WITNESS WHEREOF. the panics hereto have caused this Amendment No. 1 to the CDA to
on the respectivedates set fonh below at the
be executed by their duly authorized representatives
Hollywood Seminole Indian Reservation. Broward County, Florida.

SEMINOLE TRIBE OF FLORIDA, LENNAR HOMES, LLC,

A federallyrecognized[ndian Tribe Under a Florida limi[ed liability
company
25 U.S.C.§5123

By:

Name:
NDNNJJS,52
- Marcellus W. Osceokjr.
By:

Namc:
O?ST-
[Link]
Title: Chairman Title: VP.
Date:
WLOLM Date:
R,./157=28-
Witnesses:

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Signature Signature-

Print Name Print Name

ZtlmnEiahV-

El 'KEVLennor I Iomes-CUA dma Ammd l do,x

Amendment N I
Community Development A,rgumertt
Lcnnar Homei. LLC
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 AMENDMENT NO. 3
This is Amendment No. 3 to the Community Development Agreement CCDA") effective
as of September I0. 2019, the last date of the CDA
signature page. between the SEMINOLE
TRIBE OF FLORIDA, a federally
recognized Indian Tribe under 25 U.S,C. §5123, (hereinafter
the "Tribe") and LENNAR HOMES. LLC, a Florida limited liabilitycompany (hereinafter
"Lennar"). Terms not otherwise defined herein shall have the meaning described to them in the

CDA.

RECITALS

WHEREAS, the Tribal Council of the Seminole Tribe of Florida approved the CDA by Tribal
"APPROVAL OF THE
Council Resolution No. C-557-19 adopted on August 23, 2019 titled:

COMMUNITY DEVELOPMENT AGREEMENT BETWEEN THE SEMINOLE TRIBE OF

FLORIDA AND LENNAR HOMES, LLC SUBJECT'TO CERTAIN CONDITIONS; LIMITED
WAIVER OF SOVEREIGN IMMUNITY",

WHEREAS, Amendment No. 1, was authorized by Tribal Council Resolution No. C-411-20
titled "APPROVAL OF AMENDMENT NO. 1 TO THE
adopted on August 21, 2020 and
COMMUN[TY DEVELOPMENT AGREEMENT BETWEEN THE SEM[NOLE TRIBE OF
FLORIDA AND LENNAR HOMES, LLC, SUBJECT TO CERTAIN CONDITIONS; LIMITED
WAIVER OF SOVEREIGN IMMUNITY; RATIFICATION OF EXECUTION OF
AMENDMENTNO. I BY THE CHAIRMAN OF THE TRIBAL COUNCIL", adding the Flowing
Well Property on the Brighton Seminole Indian Reservation to the list of Initial Communities.

WHEREAS, Amendment No. 2, attached hereto as Attachment A, was authorized by Tribal

Council Resolution No. C-245-21 adopted on March 5, 2021 and titled "APPROVAL OF
AMENDMENT NO. 2 TO THE: COMMUNITY DEVELOPMENT AGREEMENT BETWEEN
THE SEMINOLE TRIBE OF FLORIDA AND LENNAR HOMES, LLC SUBJECT TO
CERTAIN CONDITIONS; LIMITED WAIVER OF SOVEREIGN IMMUNITY", adding twenty-
six (26) Member Homes Phase Il, and twenty-six(26) Member Homes in Phase Il] to the
in

Lakeland Property: adding one (1) lot designated for Tribal Lease Pool Homes, increasing the

originalthirty-nine(39) homes on the lots designatedas "Lease Pool Homes by Lennar" to forty
(40) "Lease Pool Homes by Lennaf' to the Flowing Well Property;and, adding the RV Hideaway
Property on the Hollywood Seminole Indian Reservation to the list of Initial Communities.

WHEREAS. the Tribal Community Development Department of the Tribe (hereinafter"TCD")

has determined the need for the additional housing development for the land known as the Groves
Housing Development located on the Big Cypress Seminole Indian Reservation, which is divided
into two (2) phases. Phase I includes fifty-seven (57) Lease Pool Homes, a playground with

parking,boundary road widening, perimeterwall, and water retention areas.

WHEREAS, the TCD has determined the need for housing development for the land known as the
8 Clans Multi-Family Development located Hollywood Seminole Indian Reservation,
in the

includingconstruction of multipletownhome buildingswith up to a total of nineteen (19) Lease

Pool Homes, a playground with parking,perimeterwall, retention areas. and a cemetery parking
lot expansion.
i
Amendment #3
Community Development Agreement
Lennar Homes, LLC
WHEREAS. the TCD has determined the need for the additional housing development for the land

known Development located on the Immokalee Seminole Indian Reservation,

as lhe Otter Trail

includingeither single family homes or multipletownhome buildings, a [Link]

spaces, a pedestrianbridge, and roadway construction.

NOW THEREFORE, the Tribe and Lennar hereby agree that the CDA shall be amended as
follows.

1. Article X, Initial Communities. of the CDA shall be amended to add Section IO.07 and
add Exhibit l A, Amendment 3, attached hereto and made a part hereof, as follows:

Section 10.07 Groves The Tribal Residential Lands

include, without limitation, land known the ?'Grqxes Hpusing- Devetopn?gqt'
located on the Big Cypress Seminole Indian Reservation, consistingof two (2)

phases. Phase I includes fifty-seven(57) Lease Pool Homes, a playground with

parking, boundary road widening, perimeter wall, and water retention areas, as
described on the conceptual plan marked Exhibit l A. Amendment 3. The homes
shall be constructed the same plans,specifications.
utilizing and elevations as in the
Mabel T. Frank and Seminole Park single family homes. Lennar shall be the
Infrastructure Party. The Tribe shall retain the Tribal Development Option in
Section 10.04 of the CDA. This Agreement shall constitute the Community
Commencement Notice for the Groves Housing Development.

2. Article X, Initial Communities, of the CDA shall be amended to add Section 10.08 and
add Exhibit I B. Amendment 3. attached hereto and made a part hereof, as follows:

Section 10.08 8 C]ans Multi-Family Development. The Tribal Residential Lands

land known the "8 Clans Multi-Family Development"
include,without limitation,
located in the Hollywood Semino[e Indian Reservation, includingconstruction of
multipletownhome buildingswith up to a total of nineteen (19) Lease Pool Homes,
a playground with parking, perimeter wall, retention areas, and a cemetery parking
lot expansion, as described on the conceptualp[an marked Exhibit ] B. Amendment

2. The units shall he constructed utilizingthe same plans, specifications. and

elevations as the townhomes in Phase ofthe Seminole Park Property. Lennar shall
I

be the Infrastructure Party. This Agreement shall constitute the Community

Commencement Notice for the 8 Clans Multi-Family Development.

3. Article X. Initial Communities, of the CDA shall he amended to add Section 10.09 and
add Exhibit 1-CAmenjmentl, attached hereto and made a part hereof, as follows:

Section I 0.09 Otter Trail Development. The Tribal Residential Lands include,
without limitation, land known the "Otter-Trai-1-Develqnmen.C located on the
Immokalee Seminole Indian Reservation, includingconstruction of either single-
family homes or multiple townhome buildings,a playground, parking spaces. a
pedestrianbridge,and roadway construction, as described on the conceptual plan
marked Exhibit 1 C, Amendment 3. The units shall be constructed utilizingthe

2
Amendnzent #3
Community Development Agreement
Lcnnar Homes. LLC
 same plans,[Link] elevations as the townhomes in Phase 1 of the
Seminole Park Property. Lennar shall be the Infrastructure Patty. This Agreement
shall constitute the Community Commencement Notice for the Otter Trail

Development.

All other terms and conditions of the CDA as well as the terms and conditions added by
Amendment No. and Amendment No. 2, unless otherwise amended herein. are to remain in full
l

force and effect. To the extent there is any inconsistency

between the Agreement, as modified by
Amendment No. I, Amendment No. 2, and this Amendment No. 3, this Amendment No. 3 shall
control to the extent ofthe inconsistency.

Attachments:
Attachment A - Amendment No. 2 (Incorporatedby reference)
Exhibit IA, Amendment No. 3 - Groves Housing Development
Exhibit 1 B, Amendment No. 3-8 Clans Multi-FamilyDevelopment
Exhibit 1C, Amendment No. 3 -- Otter Trail Development

END OF TEXT. SIGNATURES APPEAR ON NEXT PAGE

3
Amendment #3
Community Development Agreement
Lennar Homes. LLC
IN WITNESS WHEREOF, the partieshereto have caused the Amendment No. 3 to the Agreement
to on the respective
be executed by their duly authorized representatives dates set forth below at

the Hollywood Seminole Indian Reservation, Broward County, Florida.

SEMINOLE TRIBE OF FLORIDA, LENNAR HOMES, LLC,

A federallyrecognized Indian Tribe Under a Florida limited liability
company
25 U.S.C. §5123

By:

Name:
.'W,?,L
Marcellus W. Osceola,Jr.
By:

Name:
C41 [Link]
Bruce Grundf

Title:
Chairpan Title: if.
Vice President

Date:
8/9/Bn I)ate:

ACTIVE 57597239v3

4
Amendment #3
Community Development Agreement
Lennar Homes, LLC
 AI IACHMENT A

AMENDMENT NO. 2
This is Amendment No. 2 to the Community Development Agreement ("CDA") effective
as of September 10, 2019, the last date of the CDA signature page, between the SEMINOLE
TRIBE OF FLORIDA, a federally recognized Indian Tribe under 25 U.S.C. §5123, (hereinafter
the "Tribe") and 1-ENNAE HOMES. LLC. a Florida limited liability company (hereinafter
"Lennaf'). Terms not otherwise defined herein shall have the meaning described to them in the

CDA.

RECITALS

WHEREAS: Seminole Tribe of Florida approved the CDA by Tribal

the Tribal Council of the
Council Resolution No. C-557-I 9 adopted on August 23, 2019 titled: "APPROVAL OF THE
COMMUNITY DEVELOPMENT AGREEMENT BETWEEN THE SEMINOLE TRIBE OF
FLORIDA AND LENNAR HOMES, LLC SUBJECT TO CERTAIN CONDITIONS; LIM[TED
WAIVER OF SOVEREIGN IMMUNITY".

WHEREAS, Amendment No. 1, attached hereto as Attachment A, was authorized by Tribal

Council Resolution No. C-411-20 adopted on August 21, 2020 and titled "APPROVAL OF
AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT AGREEMENT BETWEEN
THE SEM[NOLE TRIBE OF FLORIDA AND LENNAR HOMES, LLC, SUBJECT TO
CERTAIN CONDITiONS; LIMITED WAIVER OF SOVEREIGN IMMUNITY;
RATIFICATION OF EXECUTION OF AMENDMENT NO. 1 BY THE CHAIRMAN OF THE
TRIBAL COUNCIL", adding the Flowing Well Property on the BIighton Seminole Indian
Reservation to the list of InitialCommunities.

WHEREAS, the Tribal Community Development Department of the Tribe (hereinafter

"?ICI)"}
has detennined the need for the additional housing development for the land known as the
Lakeland Properly, which is divided into four (4) phases, hy adding twenty-six (26) Member
Homes in Phase II and twenty-six (26) Member Homes in Phase III. Phase IV is not included in
this Amendment.

WHEREAS, the TCD has determined the need for the additional housing development for the land
known as the Flowing Well Property, by adding one (1) lot designated for Tribal Lease Pool
Homes and increasingthe originalthirty-nine(39) homes on the lots designated as "Lease Pool
Homes by Lennaf'to forty (40) "Lease Pool Homes by Lennar".

WHEREAS, the TCD has determmed the need for housing development for the land known as the
RV Hideaway Property located in the Hollywood Seminole Indian Reservation in the Seminole
Park Development, including construction of multiple townhome buildings with up to a total of
sixty (60) residential units, demolition of the existingmobile home park, and site infrastructure
improvements.

Amendment #2
Community Dcvtlopmen? Agreement
l,ennar Homes, LLC
 ATTACHMENT A

NOW THEREFORE. the Tribe and Lcnnar hereby agree thai the CDA shall be amended as
tl)IIOWS

1. Article X, Initial Communities, of the CDA shall be amended to modify Section 10.03.
and Exhibit K shall be replaced with Exhibit K: Amendment No. 2, attached bereto and
made a part hereof, as follows:

Section 10.03 Lakcland Propertv. The Tribal Residential Lands include, without
land known the -'Lakeland Property' which consists of four (4)phases
limitation,
as described on Exhibit K.,Amgndineat No. 2 within the Lakeland Trust lands.
Phase IV is nor included in this Amendment but may be considered and
incorporatedinto the CDA by future Amendment. This Agreement shall constitute
the Commu:nity Commencement Notice for the Lakeland Property Builder shall:

a Phase I - Build on the Phase I Lakeland Property, forty-six(46)

Member Homes, The Tribe shall be the Infrastructure Party.
Construction of a home on lot 41, as indicated on Exhibit K,
Amendmeni 2 is not included.

b. Phase H - Build on the Phase

Lakeland [Link]-six (26)
I[

Member Homes. The homes shall the same

be constructed utilizing

plans, specifications,and elevations as in Phase 1. Lennar shall be

the Infrastructure Party,

C. Phase III - Build on the Phase 1II Lakeland Property, twenty-six(26)

Member Homes. The homes shall be constructed utilizingthe same
and elevations as in Phase L
plans, specifications, Lennar shall be
the Infrastructure Party.

2. Article X, Initial Communities, of theCDA shall be amended to modify Section t 0.05,

and Exhibit 1 A shall be replaced with Exhibit IA. -Aiuendment No- 2, attached hereto
and made a part hereof, as follows:

Section 10.05 Eiow,ing [Link]. The Tribal Residential Lends include,

without limitation,land known the "Flowing,Well Propcftxzconsisting of seventy
(70)lots described on Exhibit 1 A, Amendment No. 2, within the Brighton Seminoie
Indian Reservation. Builder shall build on the Flowing Well Properly forty (40)
homes on the lots designated as "Lease Pool Homes by Lennar", and 30 homes

designated as "Residences by Lennaf' on Exliihlt-IA,- Amendment No. 2. The

homes shall be constructed utilizingthe same plans,specifications,and elevations
as in the Mabel T. Frank and Seminolc Park single family homes as shown on
Exhibit l A, Amendment No. 2. Lennar shall be the Infrastructure Party. The Tribe

shall retain the TribalDevelopment Option in Section 10.04 of the CDA. This
Agreement shall constitute the Community Commencement Notice for the Flowing
Well Property.

1
Amctidmcnt #2
Community Deve[opment Agreement
Lennar- Homes, LLC
 ATTACHMENT A

3. Article X, Initial Communities, of [he CIM shall be amended to add Sglion 1 U.06 and
add Exhibit 1 B. Atnen<linew 3. attached hereto and made a part hereof, as follows:

Secdon 10,06 RV Hideaway Propertv. The Tribal Residential Lands include,

land known the -RV Hidcaway Pioperty" consistingofmultiple
without limitation,
townhome buildingswith up to a total of sixty (60) townhomes as described on the
conceptual plan marked Exhibit 1 B. Amendment 2, within the Hollywood
Reservation. This Agreement shall constitute the Community Commencement
Notice for the RV Hideaway Property. Lennar shall be the Infrastructure Party.

a. Build on the RV Hideaway Property multiple townhome buildings

with up to sixty(60) townhomes [Link] townhomes shall
be constructed utilizingthe same plans, specifications,
and elevations
as the townhomes in Phase I of the Seminole Park Property Lennar
shallbe the Infrastructure Party. Lennar shall be responsible for all

necessary demolition ofthe existingRV Hideaway site includingbut

not limited to above and underground utilities, trailers,buildings,
roadways, slabs, and all other incidental demolition activities to

prepare the site for construction of the new community. Lennar,

actingat the direction of the Tribe and as the Tribe's contractor, if
required, shall perform environmental remediation of the RV
Hideaway Properly.

All other terms and conditions of thc CDA as well as the terms and conditions added by
Amendment No. 1, unless otherwise amended herein. are to remain in full force and effect. To the
extent there is any inconsistencybetween the Agreement, as modified by Amendment No 1, and
this Amendment No. 2, this Amendment No. 2 shall control to the extent of the inconsistency.

Attachments:
Attachment A - Amendment No. 1 (Incorporated by reference)
Exhibit K, Amendment No. 2 - Lakeland Property
Exhibit -
]A, Amendment No, 2 Flowing Well Property
Exhibit 1B, Amendment No. 2 -RV Hideaway Property

END OF TEXT. SIGNATURES APPEAR ON NEXT PAGE

Amendment #2
Community Development Agreement
Lennar Homes, LLC
 ATTACHMENT A

IN WITNESS WHEREOF, the partieshereto have caused the Amendinent No. 2 to the Agreenient
to be executed by their duty authorized representativeson the respectivedates set forth below at

Lhe Hollywood Seininole Indian Reservation, Browurd Couniy, Florida.

SEM[NOLE TRIBE OF FLORIDA, LENNAR HOMES, LLC,

A federallyrecognized Indian Tribe Under a Florida limited liability
company
25 U.S.C.§5123

By. J.:..-,-LEEL?.LJJIT
Name: Marcellus W. Osceola,
Jr.
.V:=
1
Name:'-'IGQKUZDRNZAQ?HDMJTF -...." '.

Title: Chairman Title: IH- #ieEQRES..

Da te: -[Link]?[Link] Date:
4h,#NONI

4
Amendment#2
Community Development Agreement
Le nnar Homes, LLC
 EX HIBIT A 1 -
?ENDMENT 3

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TRIBAL COMMUNITY GROVES HOUSING DEVELOPMENT

DEVELOPMENT BIG CYPRESS RESERVATION
 t*H,8?r 18 AMEND:ENT
alt=.
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TRIBAL COMMUNITY 8 CLANS MULTI-FAMILY DEVELOPMENT

DEVELOPMENT HOLLYWOOD RESERVATION
 EXHIBIT 1 C AMENDMENT 3

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TRIBAL COMMUNITY
DEVELOPMENT
OTTER TRAIL DEVELOPMENT
IMMOKALEE RESERVATION
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TRIBAL COMMUNITY OTTER TRAIL DEVELOPMENT

DEVELOPMENT IMMOKALEE RESERVATION
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE ?MMUDDIYYY'Y)

9/1/2020

THIS CERTIF[CATE IS ISSUED AS A MATTER OF ]NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGAnON [S WAIVED, subject to ?

the terms and conditions ol the policy, cerlain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT.
f?E-' Kelley Gubernick
Gore Lieske & Associates Insurance Brokers, LP PHONE FAX
15901 Red Hill Ave Suite 100 i?UE.'Wo.
Exn: 714-5g.5-7000 i i/ Noj: 714-573-1770
E-MAIL
Tustin CA 92780 X66%Ess: kgubermck@[Link]

INSURER(S) AFFORDING COVERAGE NAIC #

INSURERA: OLD REPUBL]C INS CO 24147

ENNA-1
INSURED RLJ INS CO 13056
t
INSURERS:
Lennar Corporation and all its Subsidiaries
?INSURER C
15131 Alton Parkway, Suite 345
Irvine, CA 92618 I

INSURER D :

IN5UREER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 435009195 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
POLICIES OF INSURANCE LISTED
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSUBR POLICY EFF POUCY EXP
LTR TYPE OF INSURANCE POLICY NUMaER LIMITS
INSD WVD IUM/DEOYY} . {MM?DONYIXL

?
A X COMMERCIAL GENERAL UABIUTY Y Y MWZY31414520 9/1 42020 9/1/202 IEACH OCCURRENCE

?
t
1 S 1.000.000
?-OAQKGE-r RENrE
Cl AIMS-MADE OCCI JR ) -PREMIRES (Ea ocq-?rraBQN $ 2.000-000

MED EXP (Any one person) SNTA

PERSONAL & ADV INJUR' i

5 2.000,000

? ?
GEN'L AGGREGATE L1M?T APPLLES PER- GENERAL AGGREGATE S 2 000.000

POLICY LOC PRODUCTS COMP/OF AGG

?XtOTHER. l JEEr
-
S 2.000.000

I
s
-
B AUTOMOBILE UABIUTY CAP0505616 911/2020 9/1,2021 COMBINED SINdl.E LIMIT S'
,

fEa *cldeni) [Link]

X ANYAUTO BODILY [Link] (Per person) S

ALL OWNED I SCHEDULED BODALY INJURY /Per accident) S

, AUTOS AUTOS
X * AUTOS
NON-4-V,NED PROPERTY DAMAGE S
HIRED AUTOS -122[.icc,ent)
S

UMBRELLA UAB OCCUR EACH OCCURRENCE S

t
EXCESS UAE! CLAIMS MADE AGGREGATE S

DED RETENTION S
'

, S
A WORKERS COMPENSATION Y MWC31414820 9/1/2011 X ISTAIUTE OTH-
AND EMPLOYERS' UABILITY
E/1/2020
S?ATUI! ER

?
'

Y/N
ANY PROPRIETOR,PARTNER/EXECUTIVE F-7-1 EL EACH ACCIDENT S 2.000,000
OEFICEAMEAIBER EXCLUDED? N/A?
(Mandatory in NHJ EL DISEASE -EAEMPLOYEE S 2.000.000
Il wes, {lescrltg under
DESCRIPTION OF OPERATIONS below Et. DISEASE -
POLICY LIMIT 52 000.000

OESCRIPTION OF OPERATIONS LOCATIONS VEHICUES (ACORD 101, Addllonal Ronwk5 Schedule, may be attached If more space ls roqulfod)
? /

Proof of Insurance for Vendor application.

Certmcate holder is named as additional insured on Ihe General Liabilityper attached endorsement CG 20 10 04 13 as required by written contract subject to
the terms and conditions of the policy. Waiver o f Subrogation applies to the Workers' Compensation per attached endorsement 00 03 13 and General WC
Liability per attached 24 04 05 09. CG

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
The Seminole Tribe of Florida ACCORDANCE WITH THE POLICY PROVISIONS.
Risk Management Department - RM 220
6300 Stirling Road AUTHORIZED REPRESENTATIVE
Hollywood FL 33024

.l
@ 1988-2014 ACORD CORPORATION. AII rights reserved.

ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE
POLICY NUMBER: MWZY 314149 20 COMMERCIALGENERAL LIABILITY
CG 20 10 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person{s!

Or Organization(s) Location(s) Of Covered Operations
As required by wmten wntract or agreement. On File With Company

"It is further agreed Ihat such insurance as is afforded by this

policy for the benefit ol me additional insured shall be primary

insurance. and any insurance maintained by the addit,onaj
insured shall be excess and non-col,tr butory with the insurance
provided hereunder

Information required to complete this Schedule, if not shown above, will be shown in the Declarations,

CG 20100413 @ Insurance Services Office, Inc., 2012 Page 1 of 2

MWZY 314149 20 Lennar Co,pora#on 09/01/2020 - 09/01/2021
POLICY NUMBER: MWZY 314149 20

A- Section Il - Who Is An Insured ,s amended to B. Wttn respect to me Insurance aflorded to these

include as an additional insured the person(s) or additional insureds, the following additional

organization(s) shown tn the Schedule, but only exclusions apply:

with [Link] to liabilityfor "bodily injury" "property
Ti i ib i,jbui ai ice ducb , Iul app iy lu "budily ic,iu,y" u,
damage" or "personal and advertising injury" 'property damage" occurring after
caused, in whole or in part, by:
1. All work, including materials, parts Or
1. Your acts or omissions, or
equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service,
behalf; maintenance or repairs) to be performed by or
in Ihe performance of your ongoing operations for
on behalf of the additional insured(s) at the
location of the covered operations has been
the additional insured(s) at the Iocation(s)
designated above completed; or
2. That po?ion of "your work" out of which the
However,
i,ljuly urdamage a,i=>eb bati bee, put (U ilb I

1. The insurance afforded to such additional intended use by any person or organization
insured only applies to the extent permitted by othef than another contractor or subcontractor
law: and engaged in performing operations for a
2. If coverage provided to the additional insured is principalas a part of the same project.
required by a contract or agreement, the
irisurance afforded to such additional insured
will not be broader than that which you are

required by the contract or agreement to

provide for such additional insured.

C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations,
Section lil- Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we of Insurance shown
applicable Limits in the
will pay on behalf of the additional insured is the
Declarations.
amount of insurance:
1. Required by the contract or agreement, or

Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 10 04 13

MWZY 31414920 Lennar Corporation 09/01/2020 - 09/01/2021
POLICY NUMBER: MWZY 31414920 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifjes insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE

Name Of Person Or Organization:

If requjred by w,itten contract or agreement

Information required to complete this Schedule, ifnot shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of

Rights Ol Recovery Against Others To Us of

Section IV - Conditions:
We waive any rightof recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

CG 24 04 05 09 @ Insurance Services Office, Inc, 2008 Page 1 of 1

MWZY 314149 20 Lennar Corpofallon 09)01/2020- 09/01/2021
WORKERS COMPENSAMON AND EMPLOYERS UABILITY INSURANCE POLICY WC 00 03 13

POLICY NUMBER MWC 314148 20

WAIVER OF OUR RIGHTTORECOVER FROM OTHERS ENDORSEMENT

Vk have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
oor rightagainst the person or organization married in the Schedule. (This agreement applies only to the extent that you
pcrtorm work under a written contract that requires you to obtain this agreement from us.)

This agreement shall not operate directly or indirectlyto benefit anyone not named in the Schedule.

Schedule

AS REQUIRED BY CONTRACT OR AGREEMENT

o 1981 National Councl[ on Compensation Insurance.

INSURED COPY
 AMENDMENT NO. 4
This is Amendment No. 4 ("Amendment No. 4") to the Community Development
Agreement entered into 2019, between the SEMINOLE 1 R-IBE OF FLORIDA
on September 10,
a federally
recognized Indian Tribe undei 25 U.S.C. §5123. ("STOF") and LENNAR HOMES,
LLC, a Florida Limited LiabilityCompany ("BUILDER") (the 'Agreement ). Terms not
., .L'.,

otherwise defined herein shall have the meaning described to them in the Agreement.

RECITALS

WHEREAS, STOF and BUILDER entered into the Agreement for the development of
residential communities on all Seminole Indian Reservations or other Tribal Trust land: and

WHEREAS, the into Amendment No. 1 to the Agreement on June 15, 2020,
partiesentered
amending Article X Communities
Initial of the Agreement, incorporatingSection 10.05 for
inclusion of the Flowing Well Property on the Brighton Seminole .Indian Reservation, and

WHEREAS, .Amendment No. 2 to the Agreement on April 28, 2021,

the partiesentered into

amending Communities
Article X, Initial of the Agreement, Section 10.03 Lakeland Property,
adding twenty-six (26) homes in Phase I[ and twenty-six(26) homes in Phase III; amending
Section 10.05 Flowing Well Propertv, increasingLease Pool Homes by Lennar to forty(40)
homes: and incorporatingSection 10.06 for inclusion of the RV Hideaway Property on the
Hollywood Seminole Indian Reservation: and

WHEREAS, the parties entered Amendment No. 3 to the Agreement on August 9, 2021,
amending Article X, Initial Communities of the Agreement, incorporatingSection 10.07 for
inclusion of the Groves Housing Development on the Big Cypress Seminole Indian Reservation,
Section 10.08 for inclusion ofthe 8 Clans Multi-Fan]ilyDevelopmenton the Hollywood Seminole
Indian Reservation, and Section 10.09 for inclusion of Otter Trail Development on the Immokalee
Seminole Indian Reservation, and

WHEREAS, STOF and BUILDER agree that additional housingdevelopment on the Lakeland
Trust Property ("AdditionalDevelopment") is necessary; and

WHEREAS, the Additional Development will add forty-six(46)Member Homes in Phase IV

and one (1)lot,Lot 147, to be re-designated
as a helipactand

WHEREAS, the parties desire to amend the Agreement as set forth herein.

NOW THEREFORE, in return for the mutual promises contained herein and other good and
of which
valuable consideration, the receipt is it is agreed as follows:
acknowledged bythe parties,

1. The above-referenced recitals are true and coirect and are incorporatedheiein by reference.

1
Amendment No 4
Coinmunity Development Agreement
Lennar Homes. LLC
2. Article X, INITIAL COMMUNITIES, Section 10.03 ofthe Agreement is replacedin whole
with the following:

Lakeland Property. The Tribal Residential Lands include, without limitation,land

known the "Lakeland Property" which consists of four (4)phases as described on
Exhibit K, Amendment No. 4 within the Lakeland Trust lands. This Agreement
shall constitute the Community Commencement Notice for the Lakeland Property.
Builder shall:

a. Phase I - Build on the Phase I Lakeland Property, forty-six(46)

Member Homes. STOF shall be the Infrastructure Party.
Construction of a home on lot 41, as indicated on Exhibit K,
Amendment 2 is not included.

b Phase II - Build on the Phase

Lakeland Property,twenty-six(26)
II

Member Homes. The homes shall be the same

constructed utilizing
and elevations as in Phase I. Lennar shall be
plans,specifications,
the Infrastructure Party.

C Phase III - Build on the Phase III Lakeland Property,twenty-six(26)

Member Homes. The homes shall be constructed utilizing
the same
and elevations as in Phase
plans,specifications, I. Lennar shall be
the Infrastructure Party.

d. Phase IV - Build on the Phase IV Lakeland Property forty-six (46)

Member Homes. The homes shall be constructed utilizing the same

plans,specifications,and elevations as in Phase I. Lennar shall be

the Infrastructure Party. Community Infrastructure shall include one

(1) lot,Lot 147, designatedas a helipad.

3 The followingExhibits are attached hereto and incorporatedherein by this reference:

Exhibit K Amendment 4 - Lakeland Property

4. All other teims and conditions of the originalAgreement and accompanying amendments
remain in full force and effect.

END OF TEXT. SIGNATURES ON NEXT PAGE.

2
Amendment No. 4
Community Development Agreement
Lennar Homes, LLC
 IN WITNESS WHEREOF, the parties hereto have caused thi.5 Amendment No- 4 to the

Agreement be executed
to b> their duly authorized representativeson the respective
dates set forth
below at the Hollywood Seminole Indian Reservation. Broward County. Florida.

SEMINOLE TRIBE OF FLORIDA LENNAR HOMES, LLC

.7.

By: 1 l:=,
r. I

By
I

i.
'R'Y
DeDJRVF
Name: Marcellus W. Osceoia, Jr. Name: Bruce firundt

Title: Chairman Title: J. Vig President

Date: Date:
7Fru/ND-

Ame?ment No 4
Community Devt:Iopmcnl Ag,[Link]
Lcnnar Homes. LLC
Exhioit 2
IAddress /City I
31090 MABEL T FRANK CIR CLEWISTON
31070 MABEL T FRANK CIR CLEWISTON
31050 MABEL T FRANK CIR CLEWISTON
31030 MABEL T FRANK CIR CLEWISTON
31010 MABEL T FRANK CIR CLEWISTON
31100 MABEL T FRANK CIR CLEWISTON
31080 MABEL T FRANK CIR CLEWISTON
31060 MABEL T FRANK CIR CLEWISTON
31040 MABEL T FRANK CIR CLEWISTON
31020 MABEL T FRANK CIR CLEWISTON
31211 MABEL T FRANK CIR CLEWISTON
31231 MABEL T FRANK CIR CLEWISTON
31241 MABEL T FRANK CIR CLEWISTON
31201 MABELTFRANKCIR CLEWISTON
31221 MABEL T FRANK CIR CLEWISTON
31251 MABEL T FRANK CIR CLEWISTON
31011 MABEL T FRANK CIR CLEWISTON
31031 MABEL T FRANK CIR CLEWISTON
31051 MABEL T FRANK CIR CLEWISTON
31001 MABEL T FRANK CIR CLEWISTON
31021 MABEL T FRANK CIR CLEWISTON
31041 MABEL T FRANK CIR CLEWISTON
31280 MABEL T FRANK CIR CLEWISTON
31260 MABEL T FRANK CIR CLEWISTON
31240 MABEL T FRANK CIR CLEWISTON
31220 MABEL T FRANK CIR CLEWISTON
31200 MABEL T FRANK CIR CLEWISTON
31290 MABEL T FRANK CIR CLEWISTON
31270 MABEL T FRANK CIR CLEWISTON
31250 MABEL T FRANK CIR CLEWISTON
31230 MABEL T FRANK CIR CLEWISTON
31210 MABEL T FRANK CIR CLEWISTON
29031 CUFFNEY TIGER WAY CLEWISTON
35190 MABEL T FRANK WAY CLEWISTON
29001 CUFFNEY TIGER WAY CLEWISTON
35270 MABEL T FRANK WAY CLEWISTON
35210 MABEL T FRANK WAY CLEWISTON
35290 MABEL T FRANK WAY CLEWISTON
34855 MABEL T FRANK WAY CLEWISTON
29021 CUFFNEY TIGER WAY CLEWISTON
29051 CUFFNEY TIGER WAY CLEWISTON
34915 MABEL T FRANK WAY CLEWISTON
35150 MABEL T FRANK WAY CLEWISTON
34875 MABEL T FRANK WAY CLEWISTON
34895 MABEL T FRANK WAY CLEWISTON
35250 MABEL T FRANK CIR CLEWISTON
35230 MABEL T FRANK WAY CLEWISTON
33965 E SALLY BUSTER CIRCLE CLEWISTON
33955 ESALLY BUSTER CIR CLEWISTON
33945 E SALLY BUSTER CIRCLE CLEWISTON
33935 E SALLY BUSTER CIRCLE CLEWISTON
33925 E SALLY BUSTER CIRCLE CLEWISTON
33915 E SALLY BUSTER CIRCLE CLEWISTON
33905 E SALLY BUSTER CIRCLE CLEWISTON
33895 E SALLY BUSTER CIRCLE CLEWISTON
33886 E SALLY BUSTER CIRCLE CLEWISTON
33896 E SALLY BUSTER CIRCLE CLEWISTON
33906 E SALLY BUSTER CIR CLEWISTON
33916 E SALLY BUSTER CIRCLE CLEWISTON
33926 E SALLY BUSTER CIRCLE CLEWISTON
33936 E SALLY BUSTER CIRCLE CLEWISTON
33736 E PEGGY BILLIE LN CLEWISTON
33975 E SALLY BUSTER CIRCLE CLEWISTON
34045 E SALLY BUSTER CIRCLE CLEWISTON
34076 E SALLY BUSTER CIRCLE CLEWISTON
34096 E SALLY BUSTER CIRCLE CLEWISTON
33715 E PEGGY BILLIE LANE CLEWISTON
33785 E PEGGY BILLIE LANE CLEWISTON
33786 E PEGGY BILLIE LANE CLEWISTON
33776 E PEGGY BILLIE LANE CLEWISTON
33775 E PEGGY BILLIE LANE CLEWISTON
33766 E PEGGY BILLIE LANE CLEWISTON
33765 E PEGGY BILLIE LANE CLEWISTON
33756 E PEGGY BILLIE LANE CLEWISTON
34015 E SALLY BUSTER CIRCLE CLEWISTON
33995 E SALLY BUSTER CIRCLE CLEWISTON
33985 E SALLY BUSTER CIRCLE CLEWISTON
34055 E SALLY BUSTER CIRCLE CLEWISTON
34065 E SALLY BUSTER CIRCLE CLEWISTON
34075 E SALLY BUSTER CIRCLE CLEWISTON
34086 E SALLY BUSTER CIRCLE CLEWISTON
34005 E SALLY BUSTER CIRCLE CLEWISTON
34066 E SALLY BUSTER CIRCLE CLEWISTON
34035 E SALLY BUSTER CIR CLEWISTON
33956 E SALLY BUSTER CIR CLEWISTON
33746 E PEGGY BILLIE LN CLEWISTON
33726 E PEGGY BILLIE LN CLEWISTON
33725 E PEGGY BILLIE LN CLEWISTON
33745 E PEGGY BILLIE LN CLEWISTON
33755 E PEGGY BILLIE LN CLEWISTON
33735 E PEGGY BILLIE LN CLEWISTON
34085 E SALLY BUSTER CIR CLEWISTON
34025 E SALLY BUSTER CIR CLEWISTON
33946 E SALLY BUSTER CIR CLEWISTON
33716 E PEGGY BILLIE LN CLEWISTON
34126 E SALLY BUSTER CIR CLEWISTON
34116 E SALLY BUSTER CIR CLEWISTON
34115 E SALLY BUSTER CIR CLEWISTON
34125 E SALLY BUSTER CIR CLEWISTON
34135 E SALLY BUSTER CIR CLEWISTON
34136 E SALLY BUSTER CIR CLEWISTON
34105 E SALLY BUSTER CIR CLEWISTON
34095 E SALLY BUSTER CIR CLEWISTON
34106 E SALLY BUSTER CIR CLEWISTON
5850 ACORN DR HOLLYWOOD
5911 MINNIE DOCTOR DR HOLLYWOOD
5870 ACORN DR HOLLYWOOD
5910 MINNIE DOCTOR DR HOLLYWOOD
3192 WOODLAND DR HOLLYWOOD
5854 VINE ST HOLLYWOOD
5876 VINE ST HOLLYWOOD
5882 VINE ST HOLLYWOOD
5892 VINE ST HOLLYWOOD
3191 BIG OAK LN HOLLYWOOD
3200 WOODLAND DR HOLLYWOOD
5852 VINE ST HOLLYWOOD
5856 VINE ST HOLLYWOOD
5858 VINE ST HOLLYWOOD
3205 HEATHER LN HOLLYWOOD
3199 HEATHER LN HOLLYWOOD
3204 WOODLAND DR HOLLYWOOD
3197 HEATHER LN HOLLYWOOD
3192 BIG OAK LN HOLLYWOOD
3194 BIG OAK LN HOLLYWOOD
3196 BIG OAK LN HOLLYWOOD
3198 BIG OAK LN HOLLYWOOD
3200 BIG OAK LN HOLLYWOOD
3202 BIG OAK LN HOLLYWOOD
5874 VINE ST HOLLYWOOD
5878 VINE ST HOLLYWOOD
3204 BIG OAK LN HOLLYWOOD
5884 VINE ST HOLLYWOOD
3191 HEATHER LN HOLLYWOOD
3193 HEATHER LN HOLLYWOOD
3195 HEATHER LN HOLLYWOOD
3201 HEATHER LN HOLLYWOOD
3203 HEATHER LN HOLLYWOOD
5890 VINE ST HOLLYWOOD
5907 AIRPLANT LN HOLLYWOOD
5896 VINE ST HOLLYWOOD
5898 VINE ST HOLLYWOOD
5900 VINE ST HOLLYWOOD
5902 VINE ST HOLLYWOOD
5872 VINE ST HOLLYWOOD
3205 BIG OAK LN HOLLYWOOD
3190 WOODLAND DR HOLLYWOOD
3190 HEATHER LN HOLLYWOOD
3199 BIG OAK LN HOLLYWOOD
5880 VINE ST HOLLYWOOD
3204 HEATHER LN HOLLYWOOD
5904 VINE ST HOLLYWOOD
3191 FERN DR HOLLYWOOD
5911 AIRPLANT LN HOLLYWOOD
5915 AIRPLANT LN HOLLYWOOD
3192 HEATHER LN HOLLYWOOD
5897 AIRPLANT LN HOLLYWOOD
5899 AIRPLANT LN HOLLYWOOD
5901 AIRPLANT LN HOLLYWOOD
3195 BIG OAK LN HOLLYWOOD
3201 BIG OAK LN HOLLYWOOD
5850 VINE ST HOLLYWOOD
5860 VINE ST HOLLYWOOD
5920 VINE ST HOLLYWOOD
3190 BIG OAK LN HOLLYWOOD
3193 BIG OAK LN HOLLYWOOD
5910 VINE ST HOLLYWOOD
3205 FERN DR HOLLYWOOD
5894 VINE ST HOLLYWOOD
5916 VINE ST HOLLYWOOD
5913 AIRPLANT LN HOLLYWOOD
3196 WOODLAND DR HOLLYWOOD
3197 BIG OAK LN HOLLYWOOD
5870 VINE ST HOLLYWOOD
5903 AIRPLANT LN HOLLYWOOD
5860 ACORN DR HOLLYWOOD
3194 HEATHER LN HOLLYWOOD
3198 HEATHER LN HOLLYWOOD
3200 HEATHER LN HOLLYWOOD
5918 VINE ST HOLLYWOOD
3203 BIG OAK LN HOLLYWOOD
3193 FERN DR HOLLYWOOD
3197 FERN DR HOLLYWOOD
3201 FERN DR HOLLYWOOD
3196 HEATHER LN HOLLYWOOD
5900 ACORN DR HOLLYWOOD
3202 HEATHER LN HOLLYWOOD
3202 WOODLAND DR HOLLYWOOD
5914 VINE ST HOLLYWOOD
3195 FERN DR HOLLYWOOD
3199 FERN DR HOLLYWOOD
3203 FERN DR HOLLYWOOD
5905 AIRPLANT LN HOLLYWOOD
5851 ACORN DR HOLLYWOOD
5881 MINNIE DOCTOR DR HOLLYWOOD
5893 AIRPLANT LN HOLLYWOOD
5895 AIRPLANT LN HOLLYWOOD
5917 AIRPLANT LN HOLLYWOOD
5891 AIRPLANT LN HOLLYWOOD
5890 ACORN DR HOLLYWOOD
3194 WOODLAND DR HOLLYWOOD
5871 AIRPLANT LN HOLLYWOOD
5873 AIRPLANT LN HOLLYWOOD
5875 AIRPLANT LN HOLLYWOOD
5877 AIRPLANT LN HOLLYWOOD
5879 AIRPLANT LN HOLLYWOOD
5881 AIRPLANT LN HOLLYWOOD
5909 AIRPLANT LN HOLLYWOOD
3198 WOODLAND DR HOLLYWOOD
5912 VINE ST HOLLYWOOD
5851 AIRPLANT LN HOLLYWOOD
5853 AIRPLANT LN HOLLYWOOD
5855 AIRPLANT LN HOLLYWOOD
5857 AIRPLANT LN HOLLYWOOD
5859 AIRPLANT LN HOLLYWOOD
5861 AIRPLANT LN HOLLYWOOD
5863 AIRPLANT LN HOLLYWOOD
5910 ACORN DR HOLLYWOOD
5911 JOE DAN DR HOLLYWOOD
5851 JOE DAN DR HOLLYWOOD
5861 ACORN DR HOLLYWOOD
5880 ACORN DR HOLLYWOOD
3430 FERN DR HOLLYWOOD
3580 FERN DR HOLLYWOOD
5850 MINNIE DOCTOR DR HOLLYWOOD
5900 MINNIE DOCTOR DR HOLLYWOOD
5851 MINNIE DOCTOR DR HOLLYWOOD
3491 WOODLAND DR HOLLYWOOD
3460 FERN DR HOLLYWOOD
5881 JOE DAN DR HOLLYWOOD
3390 FERN DR HOLLYWOOD
5911 ACORN DR HOLLYWOOD
3520 FERN DR HOLLYWOOD
3550 FERN DR HOLLYWOOD
3330 FERN DR HOLLYWOOD
5870 OKALEE ST HOLLYWOOD
5890 OKALEE ST HOLLYWOOD
5850 OKALEE ST HOLLYWOOD
5860 MINNIE DOCTOR DR HOLLYWOOD
5900 OKALEE ST HOLLYWOOD
3531 WOODLAND DR HOLLYWOOD
3561 WOODLAND DR HOLLYWOOD
3461 WOODLAND DR HOLLYWOOD
3361 WOODLAND DR HOLLYWOOD
5901 ACORN DR HOLLYWOOD
3431 WOODLAND DR HOLLYWOOD
3691 WOODLAND DR HOLLYWOOD
3591 WOODLAND DR HOLLYWOOD
3661 WOODLAND DR HOLLYWOOD
3631 WOODLAND DR HOLLYWOOD
5910 OKALEE ST HOLLYWOOD
5861 MINNIE DOCTOR DR HOLLYWOOD
5890 MINNIE DOCTOR DR HOLLYWOOD
5871 MINNIE DOCTOR DR HOLLYWOOD
5891 MINNIE DOCTOR DR HOLLYWOOD
5881 ACORN DR HOLLYWOOD
3391 WOODLAND DR HOLLYWOOD
5870 JOE DAN DR HOLLYWOOD
5880 MINNIE DOCTOR DR HOLLYWOOD
5901 MINNIE DOCTOR DR HOLLYWOOD
5890 JOE DAN DR HOLLYWOOD
5870 MINNIE DOCTOR DR HOLLYWOOD
5861 JOE DAN DR HOLLYWOOD
5910 JOE DAN DR HOLLYWOOD
5891 JOE DAN DR HOLLYWOOD
5860 OKALEE ST HOLLYWOOD
5880 OKALEE ST HOLLYWOOD
5900 JOE DAN DR HOLLYWOOD
5880 JOE DAN DR HOLLYWOOD
5901 JOE DAN DR HOLLYWOOD
5860 JOE DAN DR HOLLYWOOD
5850 JOE DAN DR HOLLYWOOD
5871 ACORN DR HOLLYWOOD
3360 FERN DR HOLLYWOOD
5871 JOE DAN DR HOLLYWOOD
5891 ACORN DR HOLLYWOOD
6482 MARY OSCEOLA DR Hollywood
6484 MARY OSCEOLA DR Hollywood
6486 MARY OSCEOLA DR Hollywood
6488 MARY OSCEOLA DR Hollywood
2943 RANDOLPH CLAY DR Hollywood
2941 RANDOLPH CLAY DR HOLLYWOOD
2939 RANDOLPH CLAY DR Hollywood
2937 RANDOLPH CLAY DR HOLLYWOOD
2958 RANDOLPH CLAY DR Hollywood
2940 RANDOLPH CLAY DR Hollywood
2950 RANDOLPH CLAY DR Hollywood
2936 RANDOLPH CLAY DR Hollywood
2938 RANDOLPH CLAY DR Hollywood
2960 RANDOLPH CLAY DR Hollywood
2956 RANDOLPH CLAY DR Hollywood
2946 RANDOLPH CLAY DR Hollywood
2917 RANDOLPH CLAY DR Hollywood
2928 RANDOLPH CLAY DR Hollywood
6477 MARY OSCEOLA DR Hollywood
6475 MARY OSCEOLA DR Hollywood
6473 MARY OSCEOLA DR Hollywood
6471 MARY OSCEOLA DR Hollywood
6489 MARY OSCEOLA DR Hollywood
6487 MARY OSCEOLA DR Hollywood
6485 MARY OSCEOLA DR Hollywood
6483 MARY OSCEOLA DR Hollywood
2787 MARY OSCEOLA AVE Hollywood
2785 MARY OSCEOLA AVE Hollywood
2783 MARY OSCEOLA AVE Hollywood
2777 MARY OSCEOLA AVE Hollywood
2775 MARY OSCEOLA AVE Hollywood
2773 MARY OSCEOLA AVE Hollywood
2930 RANDOLPH CLAY DR Hollywood
2971 RANDOLPH CLAY DR Hollywood
2969 RANDOLPH CLAY DR Hollywood
2967 RANDOLPH CLAY DR Hollywood
2961 RANDOLPH CLAY DR Hollywood
2959 RANDOLPH CLAY DR Hollywood
2957 RANDOLPH CLAY DR Hollywood
2931 RANDOLPH CLAY DR Hollywood
2929 RANDOLPH CLAY DR Hollywood
2927 RANDOLPH CLAY DR Hollywood
2923 RANDOLPH CLAY DR Hollywood
2921 RANDOLPH CLAY DR Hollywood
2919 RANDOLPH CLAY DR Hollywood
2926 RANDOLPH CLAY DR Hollywood
2948 RANDOLPH CLAY DR Hollywood
9848 WIND AVE LAKELAND
9860 WIND AVE LAKELAND
9872 WIND AVE LAKELAND
9908 WIND AVE LAKELAND
9883 WIND AVE LAKELAND
9895 WIND AVE LAKELAND
9907 WIND AVE LAKELAND
9919 WIND AVE LAKELAND
9931 WIND AVE LAKELAND
9046 MEDICINE MAN TRAIL LAKELAND
9023 MEDICINE MAN TRL LAKELAND
2147 CACCV BLVD LAKELAND
9083 MEDICINE MAN TRL LAKELAND
9130 MEDICINE MAN TRL LAKELAND
9118 MEDICINE MAN TRL LAKELAND
9787 WIND AVE LAKELAND
1805 RUBYTIGERRD LAKELAND
9107 MEDICINE MAN TRL LAKELAND
1768 RUBYTIGERRD LAKELAND
1918 CANOE CIR LAKELAND
9799 WIND AVE LAKELAND
9811 WIND AVE LAKELAND
1721 RUBYTIGERRD LAKELAND
1733 RUBYTIGERRD LAKELAND
9191 MEDICINE MAN TRL LAKELAND
9047 MEDICINE MAN TRL LAKELAND
1720 RUBYTIGERRD LAKELAND
9178 MEDICINE MAN TRL LAKELAND
1732 RUBYTIGERRD LAKELAND
9143 MEDICINE MAN TR LAKELAND
1744 RUBYTIGERRD LAKELAND
2148 CACCV BLVD LAKELAND
9167 MEDICINE MAN TRL LAKELAND
9155 MEDICINE MAN TRL LAKELAND
9763 WIND AVE LAKELAND
9751 WIND AVE LAKELAND
9179 MEDICINE MAN TRL LAKELAND
1756 RUBYTIGERRD LAKELAND
9956 WIND AVE LAKELAND
9968 WIND AVE LAKELAND
9980 WIND AVE LAKELAND
10028 WIND AVE LAKELAND
10039 WIND AVE LAKELAND
1775 PEACEFUL LN LAKELAND
1763 PEACEFUL LN LAKELAND
1751 PEACEFUL LN LAKELAND
1750 PEACEFUL LN LAKELAND
1762 PEACEFUL LN LAKELAND
1774 PEACEFUL LN LAKELAND
10075 WIND AVE LAKELAND
10087 WIND AVE LAKELAND
10099 WIND AVE LAKELAND
10111 WIND AVE LAKELAND
10123 WIND AVE LAKELAND
10135 WIND AVE LAKELAND
10100 WIND AVE LAKELAND
10112 WIND AVE LAKELAND
10194 WIND AVE LAKELAND
10210 TRIBALTRL LAKELAND
10183 WIND AVE LAKELAND
10258 TRIBALTRL LAKELAND
10195 WIND AVE LAKELAND
10259 TRIBALTRAIL LAKELAND
10211 TRIBALTRAIL LAKELAND
501 SNAKE CLAN RD OKEEBHOBEE
600 SNAKE CLAN RD OKEECHOBEE
290 BIGTOWN CLAN RD OKEECHOBEE
300 BIGTOWN CLAN RD OKEECHOBEE
310 BIGTOWN CLAN RD OKEECHOBEE
320 BIGTOWN CLAN RD OKEECHOBEE
330 BIGTOWN CLAN RD OKEECHOBEE
340 BIGTOWN CLAN RD OKEECHOBEE
350 BIGTOWN CLAN RD OKEECHOBEE
360 BIGTOWN CLAN RD OKEECHOBEE
370 BIGTOWN CLAN RD OKEECHOBEE
405 BIGTOWN CLAN RD OKEECHOBEE
395 BIGTOWN CLAN RD OKEECHOBEE
385 BIGTOWN CLAN RD OKEECHOBEE
375 BIGTOWN CLAN RD OKEECHOBEE
391 WIND CLAN RD OKEECHOBEE
381 WIND CLAN RD OKEECHOBEE
371 WIND CLAN RD OKEECHOBEE
361 WIND CLAN RD OKEECHOBEE
351 WIND CLAN RD OKEECHOBEE
341 WIND CLAN RD OKEECHOBEE
335 WIND CLAN RD OKEECHOBEE
345 BIGTOWN CLAN RD OKEECHOBEE
335 BIGTOWN CLAN RD OKEECHOBEE
325 BIGTOWN CLAN RD OKEECHOBEE
315 BIGTOWN CLAN RD OKEECHOBEE
305 BIGTOWN CLAN RD OKEECHOBEE
331 WIND CLAN RD OKEECHOBEE
321 WIND CLAN RD OKEECHOBEE
311 WIND CLAN RD OKEECHOBEE
301 WIND CLAN RD OKEECHOBEE
291 WIND CLAN RD OKEECHOBEE
300 WIND CLAN RD OKEECHOBEE
310 WIND CLAN RD OKEECHOBEE
320 WIND CLAN RD OKEECHOBEE
330 WIND CLAN RD OKEECHOBEE
340 WIND CLAN RD OKEECHOBEE
380 WIND CLAN RD OKEECHOBEE
18225 BEAR CLAN RD OKEECHOBEE
18205 BEAR CLAN RD OKEECHOBEE
18185 BEAR CLAN RD OKEECHOBEE
18165 BEAR CLAN RD OKEECHOBEE
17150 RAINBOW LN OKEECHOBEE
17130 RAINBOW LN OKEECHOBEE
17110 RAINBOW LN OKEECHOBEE
17090 RAINBOW LN OKEECHOBEE
17070 RAINBOW LN OKEECHOBEE
17050 RAINBOW LN OKEECHOBEE
17030 RAINBOW LN OKEECHOBEE
16990 RAINBOW LN OKEECHOBEE
16970 RAINBOW LN OKEECHOBEE
851 SNAKE CLAN RD OKEECHOBEE
500 SNAKE CLAN RD OKEECHOBEE
801 SNAKE RD OKEECHOBEE
800 SNAKE CLAN RD OKEECHOBEE
901 SNAKE CLAN RD OKEECHOBEE
200 SNAKE CLAN RD Okeechobee
300 SNAKE CLAN RD Okeechobee
350 SNAKE CLAN RD Okeechobee
750 SNAKE CLAN RD Okeechobee
451 SNAKE CLAN RD Okeechobee
401 SNAKE CLAN RD Okeechobee
651 SNAKE CLAN ROAD OKEECHOBEE
551 SNAKE CLAN ROAD OKEECHOBEE
301 SNAKE CLAN ROAD OKEECHOBEE
251 SNAKE CLAN ROAD OKEECHOBEE
250 SNAKE CLAN ROAD OKEECHOBEE
700 SNAKE CLAN ROAD OKEECHOBEE
701 SNAKE CLAN ROAD OKEECHOBEE
450 SNAKE CLAN ROAD OKEECHOBEE
201 SNAKE CLAN RD OKEECHOBEE
550 SNAKE CLAN RD OKEECHOBEE
650 SNAKE CLAN RD OKEECHOBEE
751 SNAKE CLAN RD OKEECHOBEE
781 SNAKE CLAN RD OKEECHOBEE
351 SNAKE CLAN RD Okeechobee
601 SNAKE CLAN RD Okeechobee
400 SNAKE CLAN RD Okeechobee
OWNED
29031 CUFFNEY TIGER WAY CLEWISTON
35190 MABEL T FRANK WAY CLEWISTON
35270 MABEL T FRANK WAY CLEWISTON
35210 MABEL T FRANK WAY CLEWISTON
35290 MABEL T FRANK WAY CLEWISTON
34855 MABEL T FRANK WAY CLEWISTON
29021 CUFFNEY TIGER WAY CLEWISTON
29051 CUFFNEY TIGER WAY CLEWISTON
35150 MABEL T FRANK WAY CLEWISTON
35250 MABEL T FRANK CIR CLEWISTON
35230 MABEL T FRANK WAY CLEWISTON
5850 ACORN DR HOLLYWOOD
5911 MINNIE DOCTOR DR HOLLYWOOD
5870 ACORN DR HOLLYWOOD
5910 MINNIE DOCTOR DR HOLLYWOOD
5851 ACORN DR HOLLYWOOD
5881 MINNIE DOCTOR DR HOLLYWOOD
5910 ACORN DR HOLLYWOOD
5911 JOE DAN DR HOLLYWOOD
5851 JOE DAN DR HOLLYWOOD
5861 ACORN DR HOLLYWOOD
3580 FERN DR HOLLYWOOD
5850 MINNIE DOCTOR DR HOLLYWOOD
5900 MINNIE DOCTOR DR HOLLYWOOD
5851 MINNIE DOCTOR DR HOLLYWOOD
3491 WOODLAND DR HOLLYWOOD
3460 FERN DR HOLLYWOOD
5881 JOE DAN DR HOLLYWOOD
3520 FERN DR HOLLYWOOD
3550 FERN DR HOLLYWOOD
3330 FERN DR HOLLYWOOD
5870 OKALEE ST HOLLYWOOD
5890 OKALEE ST HOLLYWOOD
5850 OKALEE ST HOLLYWOOD
5860 MINNIE DOCTOR DR HOLLYWOOD
5900 OKALEE ST HOLLYWOOD
3531 WOODLAND DR HOLLYWOOD
3561 WOODLAND DR HOLLYWOOD
3461 WOODLAND DR HOLLYWOOD
3361 WOODLAND DR HOLLYWOOD
3431 WOODLAND DR HOLLYWOOD
3691 WOODLAND DR HOLLYWOOD
3591 WOODLAND DR HOLLYWOOD
3661 WOODLAND DR HOLLYWOOD
3631 WOODLAND DR HOLLYWOOD
5910 OKALEE ST HOLLYWOOD
5881 ACORN DR HOLLYWOOD
3391 WOODLAND DR HOLLYWOOD
5870 JOE DAN DR HOLLYWOOD
5880 MINNIE DOCTOR DR HOLLYWOOD
5870 MINNIE DOCTOR DR HOLLYWOOD
5910 JOE DAN DR HOLLYWOOD
5860 OKALEE ST HOLLYWOOD
5880 OKALEE ST HOLLYWOOD
5901 JOE DAN DR HOLLYWOOD
5850 JOE DAN DR HOLLYWOOD
5871 ACORN DR HOLLYWOOD
3360 FERN DR HOLLYWOOD
5891 ACORN DR HOLLYWOOD
6482 MARY OSCEOLA DR Hollywood
6484 MARY OSCEOLA DR Hollywood
6486 MARY OSCEOLA DR Hollywood
6488 MARY OSCEOLA DR Hollywood
2943 RANDOLPH CLAY DR Hollywood
2941 RANDOLPH CLAY DR HOLLYWOOD
2939 RANDOLPH CLAY DR Hollywood
2937 RANDOLPH CLAY DR HOLLYWOOD
2958 RANDOLPH CLAY DR Hollywood
2940 RANDOLPH CLAY DR Hollywood
2950 RANDOLPH CLAY DR Hollywood
2936 RANDOLPH CLAY DR Hollywood
2938 RANDOLPH CLAY DR Hollywood
2960 RANDOLPH CLAY DR Hollywood
2956 RANDOLPH CLAY DR Hollywood
2946 RANDOLPH CLAY DR Hollywood
2917 RANDOLPH CLAY DR Hollywood
2928 RANDOLPH CLAY DR Hollywood
6477 MARY OSCEOLA DR Hollywood
6475 MARY OSCEOLA DR Hollywood
6473 MARY OSCEOLA DR Hollywood
6471 MARY OSCEOLA DR Hollywood
6489 MARY OSCEOLA DR Hollywood
6487 MARY OSCEOLA DR Hollywood
6485 MARY OSCEOLA DR Hollywood
6483 MARY OSCEOLA DR Hollywood
2787 MARY OSCEOLA AVE Hollywood
2785 MARY OSCEOLA AVE Hollywood
2783 MARY OSCEOLA AVE Hollywood
2777 MARY OSCEOLA AVE Hollywood
2775 MARY OSCEOLA AVE Hollywood
2773 MARY OSCEOLA AVE Hollywood
2930 RANDOLPH CLAY DR Hollywood
2971 RANDOLPH CLAY DR Hollywood
2969 RANDOLPH CLAY DR Hollywood
2967 RANDOLPH CLAY DR Hollywood
2961 RANDOLPH CLAY DR Hollywood
2959 RANDOLPH CLAY DR Hollywood
2957 RANDOLPH CLAY DR Hollywood
2931 RANDOLPH CLAY DR Hollywood
2929 RANDOLPH CLAY DR Hollywood
2927 RANDOLPH CLAY DR Hollywood
2923 RANDOLPH CLAY DR Hollywood
2921 RANDOLPH CLAY DR Hollywood
2919 RANDOLPH CLAY DR Hollywood
2926 RANDOLPH CLAY DR Hollywood
2948 RANDOLPH CLAY DR Hollywood
9046 MEDICINE MAN TRAIL LAKELAND
9023 MEDICINE MAN TRL LAKELAND
1805 RUBYTIGERRD LAKELAND
9107 MEDICINE MAN TRL LAKELAND
1918 CANOE CIR LAKELAND
1721 RUBYTIGERRD LAKELAND
1733 RUBYTIGERRD LAKELAND
1720 RUBYTIGERRD LAKELAND
1732 RUBYTIGERRD LAKELAND
1744 RUBYTIGERRD LAKELAND
2148 CACCV BLVD LAKELAND
9763 WIND AVE LAKELAND
9751 WIND AVE LAKELAND
10210 TRIBALTRL LAKELAND
10183 WIND AVE LAKELAND
10258 TRIBALTRL LAKELAND
10195 WIND AVE LAKELAND
10259 TRIBALTRAIL LAKELAND
10211 TRIBALTRAIL LAKELAND
600 SNAKE CLAN RD OKEECHOBEE
851 SNAKE CLAN RD OKEECHOBEE
801 SNAKE RD OKEECHOBEE
800 SNAKE CLAN RD OKEECHOBEE
901 SNAKE CLAN RD OKEECHOBEE
200 SNAKE CLAN RD Okeechobee
300 SNAKE CLAN RD Okeechobee
350 SNAKE CLAN RD Okeechobee
750 SNAKE CLAN RD Okeechobee
451 SNAKE CLAN RD Okeechobee
401 SNAKE CLAN RD Okeechobee
651 SNAKE CLAN ROAD OKEECHOBEE
551 SNAKE CLAN ROAD OKEECHOBEE
301 SNAKE CLAN ROAD OKEECHOBEE
251 SNAKE CLAN ROAD OKEECHOBEE
250 SNAKE CLAN ROAD OKEECHOBEE
701 SNAKE CLAN ROAD OKEECHOBEE
450 SNAKE CLAN ROAD OKEECHOBEE
201 SNAKE CLAN RD OKEECHOBEE
550 SNAKE CLAN RD OKEECHOBEE
650 SNAKE CLAN RD OKEECHOBEE
751 SNAKE CLAN RD OKEECHOBEE
781 SNAKE CLAN RD OKEECHOBEE
351 SNAKE CLAN RD Okeechobee
601 SNAKE CLAN RD Okeechobee
400 SNAKE CLAN RD Okeechobee
R20
29001 CUFFNEY TIGER WAY CLEWISTON
34915 MABEL T FRANK WAY CLEWISTON
34875 MABEL T FRANK WAY CLEWISTON
34895 MABEL T FRANK WAY CLEWISTON
5860 ACORN DR HOLLYWOOD
5900 ACORN DR HOLLYWOOD
5890 ACORN DR HOLLYWOOD
5880 ACORN DR HOLLYWOOD
3430 FERN DR HOLLYWOOD
3390 FERN DR HOLLYWOOD
5911 ACORN DR HOLLYWOOD
5901 ACORN DR HOLLYWOOD
5861 MINNIE DOCTOR DR HOLLYWOOD
5890 MINNIE DOCTOR DR HOLLYWOOD
5871 MINNIE DOCTOR DR HOLLYWOOD
5891 MINNIE DOCTOR DR HOLLYWOOD
5901 MINNIE DOCTOR DR HOLLYWOOD
5890 JOE DAN DR HOLLYWOOD
5861 JOE DAN DR HOLLYWOOD
5891 JOE DAN DR HOLLYWOOD
5900 JOE DAN DR HOLLYWOOD
5880 JOE DAN DR HOLLYWOOD
5860 JOE DAN DR HOLLYWOOD
5871 JOE DAN DR HOLLYWOOD
2147 CACCV BLVD LAKELAND
9083 MEDICINE MAN TRL LAKELAND
9130 MEDICINE MAN TRL LAKELAND
9118 MEDICINE MAN TRL LAKELAND
9787 WIND AVE LAKELAND
1768 RUBYTIGERRD LAKELAND
9799 WIND AVE LAKELAND
9811 WIND AVE LAKELAND
9191 MEDICINE MAN TRL LAKELAND
9047 MEDICINE MAN TRL LAKELAND
9178 MEDICINE MAN TRL LAKELAND
9143 MEDICINE MAN TR LAKELAND
9167 MEDICINE MAN TRL LAKELAND
9155 MEDICINE MAN TRL LAKELAND
9179 MEDICINE MAN TRL LAKELAND
1756 RUBYTIGERRD LAKELAND
10194 WIND AVE LAKELAND
501 SNAKE CLAN RD OKEEBHOBEE
500 SNAKE CLAN RD OKEECHOBEE
700 SNAKE CLAN ROAD OKEECHOBEE
800 Snake Clan Rd, BRIGHTON
901 Snake Clan Rd, BRIGHTON
851 Snake Clan Rd, BRIGHTON
801 Snake Clan Rd, BRIGHTON
681 Snake Clan Rd, BRIGHTON
781 Snake Clan Rd, BRIGHTON
201 Snake Clan Rd, BRIGHTON
450 Snake Clan Rd, BRIGHTON
5881 Minnie Doctor Dr HOLLYWOOD
5910 Okalee St HOLLYWOOD
5911 Minnie Doctor Dr HOLLYWOOD
5890 Okalee St HOLLYWOOD
3691 Woodland Dr HOLLYWOOD
5850 Acorn Dr HOLLYWOOD
5851 Minnie Doctor Dr HOLLYWOOD
5910 Joe Dan Dr HOLLYWOOD
3661 Woodland Dr HOLLYWOOD
5880 Minnie Doctor Dr HOLLYWOOD
5870 Okalee St HOLLYWOOD
3491 Woodland Dr HOLLYWOOD
5910 Acorn Dr HOLLYWOOD
3460 Fern Dr HOLLYWOOD
5850 Joe Dan Dr HOLLYWOOD
3461 Woodland Dr HOLLYWOOD
5851 Acorn Dr HOLLYWOOD
5901 Joe Dan Dr HOLLYWOOD
5850 Minnie Doctor Dr HOLLYWOOD
5860 Okalee St HOLLYWOOD
5880 Okalee St HOLLYWOOD
3561 Woodland Dr HOLLYWOOD
5850 Okalee St HOLLYWOOD
5881 Joe Dan Dr HOLLYWOOD
3580 Fern Dr HOLLYWOOD
3330 Fern Dr HOLLYWOOD
3591 Woodland Dr HOLLYWOOD
3431 Woodland Dr HOLLYWOOD
5851 Joe Dan Dr HOLLYWOOD
5861 Acorn Dr HOLLYWOOD
5910 Minnie Doctor Dr HOLLYWOOD
5860 Minnie Doctor Dr HOLLYWOOD
5881 Acorn Dr HOLLYWOOD
5870 Acorn Dr HOLLYWOOD
3550 Fern Dr HOLLYWOOD
5911 Joe Dan Dr HOLLYWOOD
3631 Woodland Dr HOLLYWOOD
3531 Woodland Dr HOLLYWOOD
5900 Minnie Doctor Dr HOLLYWOOD
3520 Fern Dr HOLLYWOOD
3361 Woodland Dr HOLLYWOOD
5900 Okalee St HOLLYWOOD
5871 Acorn Dr HOLLYWOOD
3360 Fern Dr HOLLYWOOD
5870 Minnie Doctor Dr HOLLYWOOD
35290 Mabel T Frank Way BIG CYPRESS
35210 Mabel T Frank Way BIG CYPRESS
35190 Mabel T Frank Way BIG CYPRESS
35170 Mabel T Frank Way BIG CYPRESS
29031 Cuffney Tiger Way BIG CYPRESS
35150 Mabel T Frank Way BIG CYPRESS
29021 Cuffney Tiger Way BIG CYPRESS
29051 Cuffney Tiger Way BIG CYPRESS
35270 Mabel T Frank Way BIG CYPRESS
34855 Mabel T Frank Way BIG CYPRESS
9751 Wind Ave LAKELAND
1733 Ruby Tiger Rd LAKELAND
1744 Ruby Tiger Rd LAKELAND
1732 Ruby Tiger Rd LAKELAND
9035 Medicine Man Tri LAKELAND
1906 Canoe Cir LAKELAND
9023 Medicine Man Tri LAKELAND
1918 Canoe Cir LAKELAND
9107 Medicine Man Tri LAKELAND
1818 Ruby Tiger Rd LAKELAND
1720 Ruby Tiger Rd LAKELAND
9034 Medicine Man Tri LAKELAND
1942 Canoe Cir LAKELAND
1805 Ruby Tiger Rd LAKELAND
9739 Wind Ave LAKELAND
9763 Wind Ave LAKELAND
9011 Medicine Man Tri LAKELAND
2148 Caccv Blvd LAKELAND
1930 Canoe Cir LAKELAND
9046 Medicine Man Tri LAKELAND
10259 Tribal Trail LAKELAND
10258 Tribal Trail LAKELAND
10183 Wind Ave LAKELAND
10211 Tribal Trail LAKELAND
10195 Wind Ave LAKELAND
Exhioit 3
 AIMENDED AND RESTATED SENLINOLE TRIBE OF FLORIDA
TRIBAL COUNCIL
HOUSING POLICY 2020

'LU

U... A
.

n
JIEEELSSEAEIE'
ELIGIBILITY, TERMS AND STANDARDS
OF THE
TRIBAL COUNCIL HOUSING POLICY

Amended andRestated Housing Policy 2020 Approved August 21, 2020 Page 1
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
*In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value as of the date
the Tribal Member applies for benefits under any Housing Programs

['I
 Tribal Council Housing Policv

Amended and Restated 2020

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 12
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
'In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the date
the Tribal Member applies for benefits under any Housing Programs
 TABLE OF CONTENTS
DEFINITIONS AND ACRONYNS ............................................................................ 4-6
INTRODUCTION...................................................................................................7

MISSION STATEMENT............................................................................................ 8

MAP OF AREAS SERVICED BY HOUSING

ON & OFF-RESERVATION IN-HOME MAINTENANCE PROGRAM-Primary.......................10-11
ON & OFF-RESERVATION IN-HOME MAINTENANCEPROGRAM-Secondary...................12
ON-RESERVATION EXTERIOR PROPERTY MANAGEMENT PROGRAM-Primary..........13-14

ON-RESERVATION EXTERIOR PROPERTY MANAGEMENT PROGRAM-Secondary.......15-16

ON & OFF RESERVATION RESIDENTIAL HEALTH & SAFETY PROGRAM-Primary......17-18
ON & OFF RESERVATION RESIDENTIAL HEALTH &SAFETY PROGRAM-Secondary....19-20
INDOOR AIR QUALITY (IAQ)
INDOOR AIR QUALITY (IAQ)
HEALTHY HOME PROGRAM ................................................................................ 23

ADA/SPECIAL NEEDS PROGRAM ............................................................................24

RELOCATION ASSISTANCE................................................................................25-26
RENTAL PROGRAM........................................................................................... 27-28
HOMEOWNER/RENTER INSURANCE PROGRAM ....................................................29-30
GENERATOR MAINTENANCE
GENERATOR MAINTENANCE
STOF HOUSING DEPARTMENT PRIVACY POLICY................................................. 33-34

ATTACHMENT A- TRIBAL FAIR MARKET

ATTACHMENT B - WIND ZONES IN THE UNITED STATES ..........................................36
BLANK PAGE-INTENTIONALLY LEFT
Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 13
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
'In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the date
the Tribal Member applies for benefits under any Housing Programs
 DEFINITIONS and ACRONYMS

Purpose: Various teims and acronyms are used throughout this Policy. Terms and acronyms that
requireclarification are defined in this section. They are listed in alphabetical
order.

A&E- The acronym "A&E" means Architectural & Engineering fees

ADA - The acronym-ADA- means the Americans with Disabilities Act of 1990, as amended. The ADA covers,
in part, individuals with conditions (such as illness or that damages or limits a person'sphysicalor mental
injury)
abilities as verified by a licensed health care professional.

Applicant - The term "Applicant"means a Tribal Member ofthe Seminole Tribe ofFlorida who is 18 years of
age or older and has submitted an Applicationfor assistance.

Application - The term "Application"means the basic record of each Applicant and his or her household
applying for housing assistance.

BIA - The acronym "BIA" means the Bureau of Indian Affairs.

HELP - The acronym "HELP" means Homeownership Expansion Loan Program.

HUD - The acronym "HUD" means Department of Housing and Urban Development.
Homesite - The term "Homesite" means a plotof land on which a home is to be built or has been built.

Homesite Lease - The term "Homesite Lease" (H S L) means a lease agreement grantedby the Tribal Council
(and approved by the BIA, as applicable)to a Tribal Member to occupy Trust Land for residential purposes.

IAO - The acronym "IAQ" means Indoor Air Quality;referring to the air qualitywithin and around buildings
and as
structures, especially it relates to the health and comfort ofbuildingoccupants.

Infrastructure - The term "Infrastructure" refers to the substructures or network systems of a residence or
Homesite which enables services necessary to maintain or enhance Tribal Members' livingconditions. These
include, but are NOT limited to, the following:
. Access Roadways
Earthwork - BuildingPad (IfApplicable),Grading, Top Soil,Excavation and Backfill
Underground Utilities Water Supply,Sewer Lines, SepticWells, Electrical Power, and Storm Drains
-

Living Expenses - The term "Living Expenses" means basic utilities to gas and water.
include electric,

Mitigation - Mitigationmeans reducing risk of loss from the occurrence of any undesirable event to avoid
unnecessary losses. In general, means to minimize degree of any loss or haim.
mitigation

Minor Repairs - The term "Minor Repairs" is one in which the cost of the repairis less than 50% of the
Replacement Cost Value of the item to be repaired.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 14
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
'In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the date
the Tribal Member applies for benefits under any Housing Programs
 DEFINITIONS and ACRONYMS
Continued

Neglect - The tenn "Neglect" means an omission; failure to do something that one is responsibleto perform.

New Construction - The term "New Construction" refers to construction of a new house at a location where
a home did not previouslyexist.

Off Reservation Residence - The term "Off Reservation Residence" means a residence of a Tribal Member
built off of Trust Land.

On Reservation Residence - The term 'On Reservation Residence' means the residence of a Tribal Member
built on Trust Land.

Persons with Special Needs - The term "Persons with SpecialNeeds" refers to individuals who face physical,
them for specialtreatment with documentation
mental or emotional disabilities or challengeswhich qualifies
from the Seminole Tribe ofFlorida's HealthDepartment.

Primarv - The term "Primary" means that which is the main or principal,
first in positionor rank.

Primarv Residence - The term "Primary Residence" refers to the Tribal Member's address as designatedby the
Tribal Member on the "Housing Department Designationof Primary/Secondary Homeownership' form as his
or herPrimary Residence. Under STOF's policy,only the residence in which the Tribal Member resides more
than any other residence may be designatedas his or her Primary Residence. All rental Premises shall be used
and occupied solelyas the Tenant's Primary Residence.

Replacement Cost Value - The amount it would cost to replacean item with one of like kind and qualityas
in today'smarket without deduction or depreciation.
the original

Secondarv Residence - The term "Secondary Residence" refers to the Tribal Member's address as any
residence of the Tribal Member that has not been designatedas his or her Primary Residence in the Housing
DesignationForm.

STHD - The acronym "STHD" means the Seminole Tribe Housing Department.

Tenant - The term "Tenant" means a person who is renting a house, apartment or other dwelling from the
STHD.

Tribal Elder - The term "Tribal Elder" means a Tribal Member of the Seminole Tribe of Florida who has
attained the age of 60 years or older.

Tribal Fair 1Market Rents - The term "Tribal Fair Market Rents" means "the fair market rental rate of a
type of unit as determined by Tribal Council from time to time based on the monthly rentals charged
particular
for comparable units in a specificmarket."
Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 15
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
'In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the date
the Tribal Member applies for benefits under any Housing Programs
 DEFINITIONS and ACRONYMS
Continued

Tribal 1Member - The term "Tribal Member" means an enrolled Member of the Seminole Tribe of Florida.

Tribal Member Familv - The term "Tribal Member Family" means family members (Tribaland Non- Tribal)
that currentlylive with the Tribal Member "Owner of Record" or "Tenant" within a singledwelling.

Tribe - The term "Tribe" means the Seminole Tribe of Florida.

Trust Land - The term "Trust Land" means land held in trust by the United States of America for the use and
benefit ofthe Tribe.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 16
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 INTRODUCTION
The STHD providesemergency home repairsand On-Reservation rental housing,for Tribal Members
through the followingprograms, with the goal to foster housing development for all tribal communities, and
developing and maintaining residential
particularly life on Trust Land.

On/Off Reservation In-HomeMaintenance

. On-Reservation PropertyManagement
On/Off Reservation Health & Safety
Healthy Home Program
On/Off Reservation ADA/special needs
. Relocation Assistance
Rental Program
, Homeowner/Renter Insurance
. Generator Program

The Housing Policyprovides operatingguidelineswhich will ensure equal administration of services to

all Members On-Reservation. Off-Reservation services are limited to certain items,as shown throughout
Tribal
this document and are stated as such. The Tribe providesbenefits under these programs with respect to Tribal

Members' Primary and Secondary Residences. The Tribal Member is responsiblefor paying all costs of
providingsuch benefits in respect to the Tribal Member's Secondary Residence. All benefits provided in respect
to the Tribal Member's Primary Residence will be paid by the Tribe and are intended to qualifyas non-taxable

generalwelfare payments under Section 139E ofthe Internal Revenue Code and Rev. Proc. 2014-35.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 17
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 MISSION STATEMENT

The STHD's goal is to provide safe, sustainable housing opportunitiesto preserve and expand our
communities for Tribal Members. The STHD accomplishes these goals through various programs which
include,but not limited to Home Maintenance; Property Management, Healthy & Safety,ADA/Special Needs,
Rentals, Generator services and Insurance according to the Seminole Tribe of Florida Housing [Link]
STHD serves all Reservations and Non-Resident Members ofthe Seminole Tribe of Florida.

Mission

Seminole Tribe o f Florida Tribal Members by providing

Our mission is to enhance the qualityo f life for
and maintenance of safe and comfortable housing.
the necessary services for acquisition

..
1Motto: "Service to the Tribe with Pride'

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 18
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 MAP OF A-UAS SERVICED BY THE HOUSING DEPARTMENT
The STHD serves all Reservations and Non-Resident Members ofthe Seminole Tribe of Florida. The
highlightedsections shown below reflect the On-Reservation areas covered by the STHD.

O BRIGHTON

TAMPA - FORT PIERCE

LAKELAND BIG CYPRESS

M
R.-

1MMOKALEE .ll

- HOLLYWOOD

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 19
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF RESERVATION IN-HOX[E MAINTENANCE PROGRAM
(Primary Residence)

The purpose of this In-Home 1Maintenance Program is for the STHD to provide1Minor Repairs to the
Tribal 1Member's On or Off-Reservation Primary Residence at the Tribe's expense. For Tribal Members
who own more than one residence, the Primary Residence status will be verified as designatedby the Tribal
Member on the 'Housing Department Designation of Primary/Secondary Homeownership' form. Maintenance
will be provided to O ff-Reservation Residences by STHD maintenance staff which is within 100 miles o f the
nearest Reservation HousingOffice. Those residences out ofthis range will be serviced by an outside contractor.

Tribal 1Member's On or Off Reservation Primary Residence status will be verified and updated by the
STHD.

Members whose Primary Residences are in the Tampa Community shall be identified on an
Tribal
available from the Tampa Liaison's office. Members shall receive all services,and are subject
official listing
to the same limitations,as those residingin-On-Reservation Primary Residences on Trust Land. This
consideration is given because of the displacement of the Tribal Members from the Trust Land in Hillsborough
County, Florida for the convenience ofthe Tribe.

All Tribal Members whose Primary Residences are locatedon Miccosukee land, other trust lands or
State Park lands that are dedicated for such use, as well as on the Tamiami Trail,are entitled to the services of
the In-Home Maintenance Program.

Program Terms and Conditions

1. An Applicantmust have a Homesite Lease or must be named on the deed or named the beneficial owner,
as through a trust or other legaldocuments, on the Primary Residence for which On or Off-Reservation
Residence repairsare requested.

2. one of
Prior to maintenance personnel enteringthe residence and performing repairs, two conditions
must be met:

A. The Tribal Member owner of record must have signed a Waiver Form allowing entry into the

[Link] form must be on file with the STHD.

OR
B. The owner, or a Tribal Member (18 years of age or older who is listed as an occupant of the
premises on the lease)is present at the time ofthe repairto signthe completed work order.

3. Quality of Work Coverage The STHD will perform qualityinspectionsof the work done by vendors.
-

The STHD will also retain the rightto suspend any project,and terminate the Contractor,when the work
does not confoim to the Tribal BuildingCode (or the applicableBuildingCode for the in
jurisdiction
which the residence is located)or meet the qualitystandards of the STHD.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll0
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF RESERVATION IN-HOX[E MAINTENANCE PROGRAM
(Primary Residence)
Continued

4. If maintenance or repairsare NOT possible,the Tribal Member will pay the Replacement Cost unless
the repairsare for health and safetyissues.

5. If the cost higherthan 50% of the Replacement Cost, the Tribal

of repairor maintenance is Member is
responsiblefor the cost ofreplacingthe item to be repaired.

6. Conditions caused by Neglect or misuse will not be covered under this program. The STHD will provide
the services at the Tribal Member's expense but only if the services are paid in full prior to the
commencement ofwork.

7. Tribal 1Members will be charged for "No Show Appointments" scheduled with the Vendors at the

Tribal 1Member's request due to the Vendor charging the STHD for tripservices and non-access to the
house for [Link] amount charged will be per the Vendor's invoice to STHD and will result in a
deduction from the 1Member's Tribal Per Capita distribution.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page Ill
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF RESERVATION IN-HOME MAINTENANCE PROGRAM
(Secondary Residence)
The purpose of the In-Home 1Maintenance Program is also for the STHD to provide 1Minor Repairs to
the Tribal 1Member's On or Off-Reservation Secondary Residence at the Tribal Member's expense for which
the Tribal Member
can make payment at the housing office via check or credit card, or sign a deduction of Per
Capita distribution form. For Tribal Members that own more than one home, the Secondary Residence status
will be verified as designated by the Tribal Member on the "Housing Department Designation of

Primary/Secondary Homeownership" form.

, Maintenance will be provided to Off Reservation Secondary Residences that are within 100 miles of
the nearest Reservation Housing Office.

Tribal 1Member's On or Off-Reservation Secondary Residence status will be verified and updated by
the STHD.

Program Terms and Conditions

1. An Applicantmust have a Homesite Lease or must be named on the deed or named the beneficial owner,
as througha trust or other legaldocuments, on the Secondary Residence for which On or Off-Reservation

Secondary Residence repairsare requested.

2. Prior to maintenance personnel enteringthe residence and performing repairs,one of two conditions
must be met:

A. The Tribal Member owner of record must have signed a Waiver Form allowing entry into the

[Link] form must be on file with the STHD.

OR
B. The owner, or a Tribal Member (18 years of age or older who is listed as an occupant of the
premises on the lease)is present at the time ofthe repairto signthe completed work order.

3. Qualityof Work Coverage

- The STHD will perform qualityinspectionsof the work done by vendors.
The STHD will also retain the rightto suspend any project,and terminate the Contractor, when the work
does not conform to the Tribal Building Code (or the applicableBuilding Code for the jurisdiction in
which the residence is located)or meet the qualitystandards of the STHD.

4. Tribal 1Members will be charged for "No Show Appointments" scheduled with the Vendors at the
Tribal Member's request due to the Vendor chargingthe Housing Department for tripservices and non-
access to the house for [Link] amount charged will be per the Vendor's invoice to STHD and will
result in a deduction from the 1Member's Tribal Per Capita distribution.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll2
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON-RESERVATION EXTE?OR
PROPERTY MANAGEMENT PROGRAM
(Primary Residence)

The STHD or its contractors will provide the services,at the Tribe's expense, described in this program.

1. The service under thisprogram appliesto On-Reservation Primary Residences on Trust Land only.
This Program is designed to preserve and enhance the Tribal Trust Land and the natural environment.

2. The Property 1Management Program provides, at the Tribe's expense, Lawn Service to Tribal
Members' On-Reservation Primary Residence only.

The Tribal 1Member will have rightto change their designatedresidence Lawn Vendor once a year should
of Tribal [Link] Service includes
they so desire. Service within this Program is subjectto the availability
the following service areas listed below: (Additionalservices may be provided in declared Natural Disasters
and/or Acts ofGod)
Lawn Cutting(up to 2.5 acres)

Trees/Hedges/Plants/ShrubsTrimming (up to 10 ft.)

-

. Lawn Fertilization (2 x per year)

Lawn Cutting
. June - October = l cut perweek
. November - May = l cut every other week
. Remove and disposeof excess lawnclippings
. Line Trimming and Edging is requiredaround driveways;air conditioningand generator units;plantand
heads and sidewalks and patios
flower beds; sprinkler
. Remove weeds and trash from flowerbeds; remove weeds/vines (unlessornamental)from beds, fences,
gates, walls,etc.
. Check irrigationsystems; clean and adjustsprinklerheads for proper aim; repair and reset sprinkler
heads.

Raking Leaves (Leaves shall be removed from all maintained areas includingturf,landscape beds and
sidewalks which should be swept, raked or blown off with a power blower on a weekly basis or as
needed, but not less than once every two (2) weeks. All rubbish resultingfrom the lawn maintenance
operationof propertiesshall be disposed of during each occurrence.)

Trees/Hedges/Plants/Shrubs-Trimming(up to 10 ft.)
, June - October = 1 x per month
. November - May = x every other month
l

. Trim trees up to 10 feet as needed andrequired

. Trim plantsand shrubs as needed andrequired
. Trim hedges

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll3
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON-RESERVATION EXTE?OR
PROPERTY MANAGEMENT PROGRAM
(Primary Residence)
Continued

Fertilization/Mulching
. Fertilization shall be performed 2 times per year
,
Mulching shall be performed 2 times per year.

1. Annual storm/hurricane preparednesswill be provided to eliminate the possibility

of hazards to the home
from hazardous trees and limbs.

2. Tribal Members whose Primary Residences are in the Tampa Community shall be identified on an
official available from the Tampa Liaison's
listing office. Members shall receive all services,and are

subjectto the same limitations,as those residingin an On-Reservation Primary Residence on Trust
Land. This consideration is given because of the displacementof these Tribal Members from the Tribal
Trust Property in Hillsborough County, Florida and relocation off tribal land for the convenience of the
Tribe.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll4
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON-RESERVATION EXTE?OR
PROPERTY MANAGEMENT PROGRAM
(Secondary Residence)
The STHD or its contractors will provide service, at the Tribal Member's expense for which the Tribal

Member can make payment housing office via check or credit card, or sign a deduction of Per Capita
at the

distribution form. The services described in this program with respect to the Tribal Member's On-Reservation

Secondary Residence.

1. The service under this program appliesto On-Reservation Secondary Residences on Trust Land only.
This Program is designed to preserve and enhance the Tribal Trust Land and the natural environment.

2. The Property 1Management Program provides,at the Tribal Member's expense, Lawn Service to a
Tribal Member's On-Reservation Secondary Residence.

The Tribal 1Member will designatedresidence Lawn Vendor once a year

have the rightto change their

of Tribal [Link] Service

should they so desire. Service within this Program is subjectto the availability
includes the following service areas listed below: (Additionalservices may be provided in declared Natural
Disasters and/or Acts of God)

Lawn Cutting (up to 2.5 acres)

Trees/Hedges/Plants/Shrubs Trimming (up to 10 ft.)
-

. Lawn Fertilization (2 x per year)

Lawn Cutting
. June - October = l cut perweek
. November - May = l cut every other week
. Remove and dispose of excess lawnclippings
. Line Trimming and Edging is requiredaround driveways; air conditioningand generator units;plant
and flower beds; sprinkler
heads and sidewalks and patios
Remove weeds and trash from flowerbeds; remove weeds/vines (unlessornamental) from beds,
fences, gates, walls,etc.
. Check irrigation
systems; clean and adjustsprinkler
heads for proper aim; repairand reset sprinkler
heads.

Raking Leaves (Leaves shall be removed from all maintained areas includingturf,landscape beds
and sidewalks which should be swept, raked or blown off with a power blower on a weekly basis or
as needed, but not less than once every two (2) weeks. All rubbish resultingfrom the lawn
shall be disposedof duringeach occurrence.)
maintenance operationof properties

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll5
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON-RESERVATION EXTE?OR
PROPERTY MANAGEMENT ROGRAM
(Secondary Residence)
Continued

Trees/Hedges/Plants/Shrubs-Trimming(up to 10 ft.)
, June - October = 1 x per month
. November - May = x every other month
l

. Trim trees up to 10 feet as needed andrequired

. Trim plantsand shrubs as needed andrequired
. Trim hedges

Fertilization/Mulching
1
. Fertilization shall be performed 2 times peryearJ
,
Mulching shall be performed 2 times peryear?
Costs (toinclude all services above)
. Lot size [Link]==$50 percut
. Lot size greater than 1.0 acres up to 1.5 acres == $75 per cut
. Lot size greater than 1.5 acres up to 2.0 acres
==
$100 per cut
==
. Lot size greater than 2.0 acres $125 per cut

1. ofhazards to the home

Annual storm/hurricane preparednesswill be provided to eliminate the possibility
from hazardous trees and limbs.

STHD and Homeowners must be notified five (5) days prior to applying Fertilization.
4-The standard color provided for Mulching is Red or Natural Cypress. Additional colors and slightly higher in cost are available; if requested, the Homeowner will

be responsible to pay the difference directly to their Lawn Care provider.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll6
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF -USERVATION
-USIDENTIAL HEALTH & SAFETY PROGRAM
(Primary Residence)

The purpose of this Program is to provide for the performance of preventativeservices to minimize the
occurrence of unsafe or unhealthy conditions within the Tribal Member's On and Off-Reservation Primary

Residence, at the Tribe's expense.

The Tribal Member homeowner of record to receive from the Tribe a maximum of $20,000
eligible is

over a 5-year period under this Program effective October 1, 2016. Charges for labor and material in excess of
ofthe Tribal Member homeowner o frecord. Health and safetyissues
the $20,000 limit shall be the responsibility

identified in excess of the $20,000 can be repairedby the STHD at the Tribal Member's expense. Ifthe
limit

Tribal Member elects not to repairthese items at the initial time of finding, will not be covered in
these repairs
the future under this Program as they will be considered to be due to the Neglect ofthe TribalMember.

Inno event will the Tribe pay more than $20,000 per Tribal Member or individuals that are legallyor
recognizedin a union as homeowner(s) of record within the 5-year period.
traditionally

The Residential Health & SafetyProgram shall also provideeligibleTribal Members with the following:
1. In the event of a Named Storm by the National Weather Service, the STHD has a limited inventoryof
small portableemergency generators. In conjunctionwith the Emergency OperationsCenter (EOC), the
Department will make them available for On or Off Reservation Primary Residences on a case-by-
case basis during power outages. Tribal Elders and Persons with a disability
as defined by the ADA
followed by a first come first serve bases for all other
without generators will be given first priority,
Tribal Members. Failure to return generators after the event will result in a deduction from the

1Member's Tribal Per Capita distribution for the cost ofthe generator. Iffunds are not available in the
Per Capita,Tribal Members will be responsiblefor the cost of the generator from their personal funds.
Tribal Members will be responsiblefor all applicabletaxes associated with the cost.

2. The Tribe provide assistance for alterations on a Tribal Member's Primary Residence to meet the
shall

applicablebuildingcode and preserve the residence for the following,but not limited to:
Fill material

. Erosion
.
Drainage issues
. Hazardous trees

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll7
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF -USERVATION
-USIDENTIAL HEALTH & SAFETY PROGRAM
(Primary Residence)
Continued

3. The STHD will inspect,

repairor replacecomponents ofthe Tribal Member's Primary Residence under
the Health &
SafetyProgram including, but not limited to, the following:

SepticSystem (Off-Reservation Primary Residences only;the Public Works department handles

repairsand replacement for On Reservation Primary Residences)
septicinstallations,
HVAC Systems
Electrical
.
Plumbing (includingreplacement ofwater heaters)
Structural
Roof Replacement (likefor like)
. Water Service (watertreatment systems monthly maintenance is not included under this Program)
Exterior Door & Window Damage (only if damage/repair is at no fault ofthe Tribal Member or the
TribalMemberFamily
Impact Windows or Hurricane Shutters that meet the applicablebuildingcode
. -
(Note appliancesare not covered under this Program)

4. The STHD will assist in the construction or repairof a shelter one (1)time only for those Tribal Members
whose Primary Residences are in designatedWind Zones II,III and IV per Attachment B, 'Wind Zones
in the United States'.

Tribal Members whose Primary Residences are in the Tampa Community shall be identified on
an official
listingavailable from the Tampa Liaison's office. Members shall receive all services with respect
to their Primary Residences, and are subjectto the same limitations,
as those residingin On-Reservation

Primary Residences on Trust Land. This consideration is given because ofthe displacementofthese Tribal
Members from the Trust Land in Hillsborough County, Florida and relocation off tribal land for the
convenience ofthe Tribe.

All Tribal Members whose Primary Residences are located on Miccosukee land, other trust lands
or State Park lands that are dedicated for such use, as well as on the Tamiami Trail,are entitled to the
services ofthe On &
OffResidential Health SafetyProgram. &

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll8
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF -USERVATION
-USIDENTIAL HEALTH & SAFETY PROGRAM
(Secondary Residence)

The purpose of this Program is to provide for the perfoimance of preventativeservices to minimize
the occurrence of unsafe or unhealthy conditions within the Tribal Member's On and Off-Reservation

Secondary Residence, at the Tribe Member's expense for which the Tribal Member can make payment at the
housing office via check or credit card, or sign a deduction of Per Capita distribution form.

1. The Tribe provide assistance for alterations on a Tribal Member's Secondary Residence to meet
shall

buildingcode and preserve the Secondary Residence for the following,but not limited to:
the applicable
Fill material
. Erosion
.
Drainage issues
. Hazardous trees

2. The STHD will inspect,repairor replacecomponents of the Tribal Member's Secondary Residence, at
the TribalMember's expense, under the Health & Safety Program including,but not limited to, the
following:
SepticSystem (Off-Reservation Secondary Residences only;the Public Works department handles
repairsand replacement for On Reservation Secondary Residences)
septicinstallations,
HVAC Systems
Electrical

.
Plumbing (includingreplacement ofwater heaters)
Structural
Roof Replacement (likefor like)
. Water Service (watertreatment systems monthly maintenance is not included under this Program)
Exterior Door & Window Damage (only if damage/repairis at no fault ofthe Tribal Member or the
TribalMemberFamily
Impact Windows or Hurricane Shutters that meet the applicablebuildingcode
. -
(Note appliancesare not covered under this Program)

3. The STHD
will assist in the construction or repair of a shelter at the Tribal Member's Secondary

Residence, at the Tribal Member's expense, one (1) time only for those Tribal Members whose
Secondary Residences are located in designatedWind Zones II,III and IV per Attachment B, 'Wind
Zones in the United States'.

4. The Homeowner of Record must pay the cost of Health and Safetyrepairsand/or replacements for a
Secondary Residence that is being rented out in full within three (3)months ofwork completion.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page ll9
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ON & OFF -USERVATION
-USIDENTIAL HEALTH & SAFETY PROGRAM
(Secondary Residence)
Continued

Tribal Members whose Secondary Residences are in the

Tampa Community shall be identified on an
official listingavailable from the Tampa Liaison's office. Members shall receive all services with respect to

theirPrimary Residences, and are subject to the same limitations,as those residing in On-Reservation
Secondary Residences on Trust Land. This consideration is given because of the displacementof these Tribal
Members from the Trust Land in HillsboroughCounty, Florida and relocation offtribal land for the convenience
of the Tribe.

All Tribal Members whose Secondary Residences on Miccosukee land, other trust lands or
are located
State Park lands that are dedicated for such use, as well as on the Tamiami Trail,are entitled to the services of
the On & OffResidential Health & SafetyProgram.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 120
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 INDOOR AIR QUALITY (IAQ) PROGRAM
(Primary Residence)

The purpose ofthis Program is to provide for the performance ofremediation and restoration services,
at the Tribe's expense, to eliminate the occurrence of unfavorable IAQ conditions within the Tribal Member's
On and Off Reservation Primary Residence.

This unfavorable Indoor Air Quality (IAQ) Program shall provide eligibleTribal Members with remedial
services relatingto, but not limited to, the following:

Suspect mold
Asbestos
Lead Based Paint
Formaldehyde

1. Unfavorable IAQ conditions caused by Neglect or misuse will not be covered under this program.

2. Reported IAQ related concerns will be cleared by a licensed professional.

3. If the cost of repairis higherthan 50% of the Replacement Cost of the Residence, the STHD will not
make the repairs.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page I21
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 INDOOR AIR QUALITY (IAQ) PROGRAM
(Secondary Residence)

The purpose ofthis Program provide for the performance ofremediation and restoration services,
is to

to eliminate the occurrence ofunfavorable IAQ conditions within the Tribal Member's On and OffReservation

Secondary Residence at the Tribal Member's expense for which the Tribal Member can make payment at the
housing office via check or credit card, or sign a deduction ofPer Capita distribution form.

This unfavorable Indoor Air Quality (IAQ) Program shall provide eligible
Tribal Members with remedial
to, but not limited to, the following:
services relating

Suspect mold
Asbestos
Lead Based Paint
Formaldehyde

1. Unfavorable IAQ conditions caused by Neglect or misuse will not be covered under this program.

2. Reported IAQ related concerns will be cleared by a licensed professional.

3. If the cost of repairis higher than 50% of the Replacement Cost of the home, the STHD will not make
therepairs.

All Tribal Members whose Secondary Residences are located on Miccosukee land,other trust lands or
State Park lands that are dedicated for such use, as well as on the Tamiami Trail,are entitled to the services
of the Indoor Air Quality(IAQ) Program.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 122
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 HEALTHY HOME PROGRAM
STHD will perform a courtesy Healthy Home Inspectionof a Tribal Member's Primary Residence,
The
at the Tribe's expense, to identifyareas of concern. The STHD will perform a Healthy Home Inspectionto the
Tribal Member's Secondary Residence at the Tribal Member's expense for labor and material for which the
Tribal Member can make payment at the housing office via check or credit card, or sign a deduction of Per
Capita distribution form.

1. A Healthy Home Inspectionis a non-invasive visual examination of a residential dwelling.

Components may include,but are not limited to:
. Mechanical
Structural
Electrical

Plumbing
and other essential systems or portionsof the home.

2. The Home Inspectorwilllook for items such as:

Mold
Water leaks and/or water intrusion
Roof leaks

3. A Healthy Home Inspectionis intended to assist in the evaluation of the overall condition of the
Primary Residence. The inspectionis based on observation ofthe visible and apparent condition ofthe
structure and its components on the date of the inspectionand not the prediction
of future conditions.

4. Yearly follow-upinspectionsto reevaluate are recommended to insure the safe habitat of the Primary
Residence.

5. Any pre-existingdamage found an Off-Reservation Primary Residence during a Healthy Home

at

Inspectionthat is being sold or purchased will not be repairedby the STHD unless the Resale is "Tribal
1Member to Tribal 1Member", and ONLY if the repairsare not due to Neglect of the sellingTribal
1Member or Tribal 1Member's Family.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 123
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ADA/SPECIAL NEEDS PROGRAM
Tribal Members with specialneeds shall receive assistance under
personal this program to address

safetyconcerns or enhance accessibility

to their On or
Off-Reservation Primary Residence. The STHD will
perform ADA/Special Needs services to the Tribal Member's Secondary Residence at the Tribal Member's
expense for labor and material for which the Tribal Member can make payment at the housing office via check
or credit card, or sign a deduction of Per Capita distribution form. This Lifetime assistance of up to $50,000
will be provided to eligible Tribal Members with disabilities governed by the ADA as follows:

1. Documentation of Tribal Member's accessibility

needs must be provided from a licensed health care
provider.

2. Three (3) quotes from vendors for goods and/or services must be obtained.

3. The Tribe will pay the actual cost of vendor selected,but in NO event will the Tribe pay more
than $50,000.

4. This assistance can only be used for enhancements/improvements to the safetyand accessibility
of a
Tribal Member's On or Off-Reservation Primary Residence.

5. The ADA/Special Needs Program includes but is not limited to the following:
.
ramps
Accessibility
Wider doorways andhallways
Lower kitchen cabinets andcountertops
Grab bars
Bath/Shower seats
. Hand rails
New and Renovation Construction (includingA&E fees)
-
Generator(s) (Portablegenerators are not authorized for purchase under this program.)
.

The use of this assistance by Tribal Members in as part of the down payment on a new
any context (i.e.,
home, or for luxury, beauty, or recreation purposes, etc.)other than for enhancements/ improvements to
and safetyis NOT permittedunder this Program.
accessibility

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 124
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 -ULOCATION ASSISTANCE PROGRAM
Temporary Shelter:

The purpose ofthe Relocation Assistance Program is to providetemporary shelter for Tribal Members
and their families who have lost their Primary Residence because of destruction by a natural event or other
conditions in the dwelling due to no fault of the Homeowner where there are imminent threats to their health,
safetyand [Link] is not available to Tribal Members who own and can safely stay in another

residence within 70 miles ofthe Primary Residence.

1.
Specificconditions include,but are not limited to:
A. Destruction of a dwelling by tornado, hurricane, flood, or other natural events, renderingthe

dwelling unsafe to occupy.

B. Imminent threat to the health or safetyof a Tribal Member and the Tribal Member Family due
to an issue in the Primary Residence. Assistance for health and safetyis available to counteract

threats to the occupants or structure of the Primary Residence or property. (i.e.,

fire,exposed
plumbing, structural issues and/or mold concerns).
electrical,

2. Assistance will be provided in cases of emergency. The STHD will cover costs of rent at the Tribal Fair
Market Rents. (Please see Attachment A.) In instances where the Tribal Member elects not to move
forward with the the assistance period is up to six (6) months. All rents and/or

charges associated with rental beyond assistance periods stated are the responsibility of the Tribal
Member. Payments for any deposits, of the
in addition to all associated taxes, are the sole responsibility

Tribal Member.

3. If a temporary storage unit is warranted, the Tribal Member must sign the contract for the storage unit.
STHD will pay temporary storage fees from the date of reconstruction for the repairofthe residence to

the date of the Health and Safety Clearance only. The Tribal Member shall pay any time extended

beyond period for storage. In the event the Tribal

this Member decides not to proceed with the
reconstruction repairs,STHD must be notified immediately and the temporary storage fee
reimbursement will be discontinued.

4. In caseswhere the Primary Residence is rendered unsafe by natural destruction, as well as

documented health and safetyfindings,the Tribal Member will be relocated until such time such
Primary Residence rendered safe for occupancy by the Tribal Inspector'sDepartment, Seminole
is

Tribe of Florida's Health Department and/or other outside environmental vendors hired by the STHD.

Payment will be paid by the STHD after any insurance program payments.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 125
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 -ULOCATION ASSISTANCE PROGRAM
Continued

5. Ifthe Tribal Member incurs chargesfor damages to the temporary relocation shelter or is evicted from
the shelter,the Tribal Member will not be approved for future temporary relocation shelter for a 3-year
time frame. Prior to a future approvalunder this Program, verification must be made that all damages
related to the priortemporary relocation shelter have been paid in full by the Tribal Member.
A. The 3-year time frame begins from the date the Tribal Member is notified ofthe damage
charges.

Relocation Assistance

In this Program, a Tribal Member that is displacedwhen his or her Primary Residence is demolished at
the Tribe's convenience/request shall receive assistance with relocation cost as follows:

Criteria: Member must actually be displaced by the condemnation, demolition or

The Tribal
rehabilitation ofhis or her home; and the Tribal Member does NOT own another residence where he or she can

safelystay within 70 miles of the Primary Residence.

1. The STHD will pay the relocation rent for the displacedapproved occupants (as described in the above
criteria)from the date of signingthe lease to the date of the abilityto re-occupy the residence, or

Temporary Certificate of Occupancy (TCO), or the Certificate of Occupancy (CO) and/or Clearance
only, or the purchase of an Off-Reservation Primary Residence. If purchasing an existinghome,
assistance is available for up to six (6)months. In instances where the Tribal Member elects not to build
or purchase a new residence,the assistance period is up to six (6) months. All rents and/or charges
associated with rental beyond of the Tribal
assistance periodsstated are the responsibility Member.
Tribal Members must sign leases for all temporary Off-Reservation rental housing. The rental
allowance is based on household size and the Tribal Fair Market Rents, as stated in the Off-Reservation
Rental Program. (Pleasesee Attachment A) Tribal Members who exceed the rental allowance will be

responsibleto pay the difference.

2. If a warranted, the Tribal Member must sign the contract for the storage unit.
temporary storage unit is

STHD will pay temporary storage fees from the signingdate of the construction contract for the new
residence of the Tribal Member to the date of the Temporary Certificate of Occupancy (TCO), the
Certificate of Occupancy (CO) and/or Clearance only. The Tribal Member shall pay any time extended
beyond period for storage. In the event the Tribal
this Member decides not to have a new Home
constructed, STHD
must be notified immediately and the temporary storage fee reimbursement will be
discontinued.

3. Payments for any deposits,in addition to all associated taxes, are the sole of the Tribal
responsibility
Member.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 126
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 -UNTAL PROGRAM
The purpose ofthis Rental Program is to provide a qualityrental unit that is safe,secure and sanitaryto
Tribal Members for use as their Primary Residence who are unable to acquire a home or who wish to rent on

Trust Land.

1. Tenants for the Rental Program are selected according to their needs and the rental waiting lists. This
criterion is considered per the unit type availability,family size and date of [Link] and
over persons and families that have
families that do not have a suitable and livable dwellingtake priority
a suitable and a livable [Link] one (1) rental unit will be allocated per Tribal Member/Tribal
Member Family tribal wide. The tenant applicantcannot own a home on any Reservation or within 100
miles of the applicablerental unit location.

2. All Tribal Members in this Program must sign,and abide by, the STHD Rental Lease Agreement, or the

agreement of a Tribal subsidiaryentityas applicable,

priorto move-in.

3. All rental units constructed priorto the effective date of the Housing Policy 2020 will be leased to the
Tribal Member
eligible for the Tribal Fair Market Rent rate of a particulartype of unit as determined by
Tribal Council from time to time based on the monthly rentals charged for comparable units in a specificmarket.
A copy of the most recentlyapproved Tribal Fair Market Rents is available in all STHD's offices. A
copy is also included as Attachment A. All rents will be paid by deductions from Member's Per Capita
distribution, as listed in Resolution No. C-109-12, as to the same may be amended or replaced,which

gives the STHD first priorityto withdraw funds from Tribal Member's Mid-Month per capita
distribution for rentalpayments.

4. All rental units constructed after the effective date of the Housing Policy 2020 will be leased to the
Tribal Member
eligible based upon current construction costs at prevailingFHA, 30-year
at a rental rate
th
fixed rates plus 1/12t annual real estate taxes, 1/12 annual home insurance or 0.1% of purchaseprice,
,th

whichever is higher and 1/12th annual HOA fee,if [Link] rents will be paid by deductions from
as listed in Resolution No. C-109-12, as to the same may be amended
Member's Per Capita distribution,
or replaced,which gives the STHD first priority to withdraw funds from Tribal Member's Mid-Month

per capitadistribution for rentalpayments.

5. All Tribal Members residingin a Housing rental unit (thisincludes rent-to-own status)shall designate
that rental unit as the Tribal Member' s Primary Residence.

6. The STHD provide maintenance and repairsof the Primary Residence (i.e.,
will electrical,plumbing,
or
appliances, pressure cleaning) at the Tribe's expense; provided however, that if the cause for such

repairsor maintenance was the intentional act or gross negligence of the Tribal Member or his or her
the Tribal
guests or invitees, Member will be charged for the cost of remedying the damage caused. The
Tribal Member responsiblefor the maintenance of appliancesthat have been properlyinstalled and
is

are in working order. (Please refer to the applicableLease Agreement)

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 127
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 -UNTAL PROGRAM
Continued

7. If evicted from any Tribal rental unit,the Tribal Member will not be approved for another rental unit for

a 3-year time frame following eviction. Prior to occupancy to a new rental unit,verification must be
made that any and all damages are paid in full by the Tribal Member.

8. When there is an early termination of the Rental Lease Agreement, the Tribal Member shall be
responsiblefor all rents and fees until all earlytermination conditions have been met. (Pleaserefer to
applicableLeaseAgreement).

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 128
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 HOMEOWNER/UNTER INSURANCE PROGRAM

The Seminole Tribe of Florida Risk Management Department offers several types of homeowners'
insurance for its Tribal Members in respect to their On-Reservation Primary or Secondary Residences

through these programs.

Shield Program: provided by the Tribe through the Risk Management

This program
-
Community is

Department for all On-Reservation Primary Residences effective January 1, 2021. The Tribe will pay the
insurance premium for coverage up to $250,000, and the Tribal Member will pay the insurance premium for

any coverage in excess of $250,000.

The policy'sblanket coverage provides for the following:

1. Deductible -
$1,000

2. House Dwelling - up to $250,000

3. Mobile Home / Trailer Dwelling - up to $80,000

4. Other Structures - 10% ofthe value ofthe Dwelling

5. Personal Property - up to $40,000

- $50,000
Premise Liability
6.
per occurrence; $50,000 annual aggregate limit

-
7. Emergency Living Expense up to $20,000

8. Medical Payments to Others -

$1,000 each person

Limited Water -
9.
Damage MitigationOnly $15,000

10. Flood Coverage -

$25,000

11. Tribal Member may purchase additional insurance coverage at his/her own expense for "full

replacement"value by contactingthe STHD.

12. Tribal Member may be requiredto purchase separate flood insurance coverage.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 129
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 HOMEOWNER/UNTER INSURANCE PROGRAM
Continued

1Managed Care This program is provided by the Tribe, at the Tribe's expense, for On-Reservation rental
-

apartments, townhomes, or duplexes that are used by a Tribal Member as his or her Primary Residence. It
covers:

1. Only the outside structure ofrentalunit.

2. No coverageprovided for personal property. Tribal Members are encouraged to purchase

is

personalproperty rental insurance by contactingthe insurance personnel in the STHD.

, Tribal Member may be requiredto purchase separate flood insurance coverage

Native American Protection Plan: This plan is available to Tribal Members for On Reservation Secondary
Residences. The Tribal Member is solelyresponsiblefor the payment of all premiums for insurance provided

through this program. The policyprovides insurance coverage for the following:

1. Dwelling (based on the replacement construction value of the property, if or the required
applicable,
coverage by the mortgage company); and

2. and Emergency Living Expenses (based on the coverage needs of

Personal Property,Premise Liability
the Tribal Member)

3. Tribal Member may be requiredto purchase separate flood insurance coverage.

Insurance Claim Reimbursements:

Claims for reimbursement must be approved and processed by insurance personnel of the STHD.

*In order to qualify for Housing Programs, Tribal Member owned homes must be adequately insured at
replacement cost value as of the date the Tribal Member appliesfor benefits under any Housing Programs.

*** *** Tribal Members are

encouraged to contact the STHD's insurance staff to review their insurance
policiesto determine if additional insurance is needed. The Tribe offers the basic coverage limits,which may
not be adequate to cover the total loss of your home in the event of a fire or natural disaster.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 130
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 GENERATOR MAINTENANCE PROGRAM
(Primary Residence)

Generator 1Maintenance Program:

The STHD
will arrange for qualifiedprofessionalsto conduct inspectionsand minor repairson

"standby generator units" at the Tribe's expense, at On

Reservation Primary Residences and Off-
Res-ervation Primary Residences by maintenance staff STHD
which are within 100 miles of the nearest
Reservation Housing Office. Those residences out of this range will be serviced by an outside contractor.

These services will be conducted on a quarterlybasis.

Inspectionsand minor repairsinclude, but are not limited to, the followingitems listed below:

Transfer Switch Operation ,

Change Oil and Oil Filter

Voltage Check .
Battery and Battery Water Levels

Engine Leaks ,
Dispense Ant Bit, Moth Balls and RatBait

Belts,Alignment and Tension . Examine Fuel Tank and Components

. Electrical Connections . Examine Generator Frame and Enclosure

Check Ignition
Points and Distributor Caps . Examine Charging System

Fuel Level and Condition o f Fuel . Coolant Hoses

. Examine Operation between Generator and Transfer Switch

The STHD
will refill and/or top off generator tanks as needed and to be determined by Housing

Management no cost to Tribal Member during Hurricane Season, as declared by the National Weather
at
Center. During a Seminole Tribe of Florida declared State of Emergency, additional refills and/or top offs will
be available for On Reservation Primary Residences and Off Reservation Primary Residences by STHD
maintenance staff that are within 100 miles ofthe nearest Reservation Housing Office. Beyond this 100-mile
distance,STHD is not able to provide fuel services.

In the event that the cost of the repairexceeds 50% of the Replacement Cost of the generator, the STHD
will not make the repairs.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page I31
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 GENERATOR MAINTENANCE PROGRAM
(Secondary Residence)
THIS PROGRAM DOES NOT PROVIDE GENERATORS
(Maintenance of existinggenerators only)

Generator 1Maintenance Program:

The STHD
will arrange for qualifiedprofessionalsto conduct inspectionsand minor repairson

"standby generator units" for On and Off Reservation Secondary Residences which are within 100 miles of
the ?earest Reservation Housing Office. This service can be provided by the to the Secondary and STHD On
Off Reservation Residences at the Tribal Member's expense for which the Tribal Member can make payment
at the housing office via check or credit card,or sign a deduction of Per Capita distribution foim.

These services will be conducted on a quarterlybasis.

Inspectionsand minor repairsinclude, but are not limited to, the following items listed below:

Transfer Switch Operation ,

Change Oil and Oil Filter

Voltage Check .
Batteryand Battery Water Levels

Engine Leaks ,
Dispense Ant Bit, Moth Balls and RatBait

Belts,Alignment and Tension . Examine Fuel Tank and Components

. Electrical Connections . Examine Generator Frame and Enclosure

Check Ignition
Points and Distributor Caps . Examine Charging System

Fuel Level and Condition o f Fuel . Coolant Hoses

. Examine Operation between Generator and Transfer Switch

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 132
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 STOF HOUSING DEPARTMENT PRIVACY POLICY

We are committed to safeguarding Tribe 1Member Information.

The Seminole Tribe of Florida Housing Department is committed to protectingthe privacy and accuracy of
Tribal Member confidential information to the extent possible,subject to provisions of various Tribal
ordinances and state and federal law. To best serve your needs, we may ask you provide certain information,
which we understand may cause you some concern over what we will do with such information, especially
personalor financial infoimation. Understand that protectingthe privacy and securityof your personal
information is of the highestpriorityto us. Therefore, we have adopted this PrivacyPolicy to govern the use
and handling of your personal information.

We collect information in the following ways:

, Information in a consumer credit report; or

. Homesite Lease application;

or

,
ADA/Special needs questionnaire
or disclosure;or

, Via power of attorney; or

, loan applications,
in lease applications, or for other reasons that the consumer may authorize;
, in other real estate related forms completed in or related to a transaction;and

I in tax return documents.

Possible Personal Information Collected:

, individual's first name, initial and last name;

e date of birth and that of occupants;

, social securitynumber or other government-issuedidentification number;

I mother's maiden name;

full for property you own(ed) or rent(ed);

description
. homeowner insurance declaration page;

,
roommate(s) name and date of birth;
I
specialmedical needs;
e household size and names, ages and association to you;
e telecommunication access devices includingdebit or credit card information;
, financial institution account information;

.
phone number, current & previous addresses;
. e-mail address; and

. contacts.
emergency

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 133
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 STOF HOUSING DEPARTMENT PRIVACY POLICY
Continued
Confidentiality and Use of Information:

Other than as requiredby laws that guarantee public access to certain types of information, or in response to

subpoenas or other legal instruments that authorize access, personal infoimation is not activelyshared. In
we do not re-distribute or sell personalinformation.
particular, We
will use our best efforts to train and oversee
our employees and agents to help ensure that your information will be handled [Link] will not release
information to nonaffiliated Tribal partiesexcept: (1)as necessary for us to provide the product or service you
have requestedof us: or (2) as permittedby law. We may, however, store such infoimation indefinitely,
includingthe period after which any relationship has ceased. We may also provide nonpublic personal
information listed above to Council and the Executive Management team. Even if a service relationship
no
longer exists,our Privacy Policy will continue to apply.

The Privacy Policy is rooted in five (5) privacy principlesthat togetherform a comprehensive privacy
architecture those five (5)privacyprinciples
protective are follows:

1. Openness and Transparency

Tribal Member's infoimation exists solelyto assist in achievingtheir personalobjectives, and Tribal
Members have the rightto request that no further information be shared on them at any time.

2. Purpose Specificationand 1Minimization

Information usage will be limited to the amount necessary to accomplish the specifiedpurpose. By
minimizing collection and use also reduces privacy violations.

3. Information Integrityand Quality

Information should be accurate, complete,relevant,and up-to-date. Tribal Members can be adversely
ofthe information must be maintained and Tribal
affected by inaccurate information. Thus, the integrity
Members may be permitted to view information about them and amend such information so that it is
accurate and complete.

4. Security Safeguards and Controls

IT Securitysafeguardsare ongoing and essential to privacyprotectionas they help prevent data loss,
corruption,unauthorized use, and disclosure.

5. Accountability and Oversight

Employee training,and privacyaudits,will be employed to identifyand address privacyviolations and
securitybreaches by holding accountable those who violate privacyrequirementsand identifyingand
correctingweaknesses.

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 134
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs
 ATTACHMENT A
TRIBAT, FAIR MARKET RENTS

NUMBER OF BEDROOMS
HOUSING

3-
MARKET AREA
ON & OFF 1 2 4 5 6
RESERVATION

ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF

BIG CYPRESS S 120 S 647 $ 672 S 761 S 768 S 995 S 960 S 1.276 S 1.440 $ 1,875 $ 1,800 S 2.344

BRIGHTON N/A $ 524 $ 520 $ 701 $ 720 $ 873 $ 960 $ 1,071 $ 1,440 $ 1,875 $ 1,800 $ 2,344

FORT PIERCE N/A $ 787 $ 648 $ 960 $ 720 $ 1,270 $ 960 $ 1,578 S 1,248 $ 1,625 $ 1,560 $ 2,031

HOLLYWOOD N/A $ 980 $ 768 $ 1,253 $ 1,056 $ 1,790 $ 1,344 $ 2,188 $ 1,920 $ 2,500 $ 2,400 $ 3,125

IMMOKALEE N/A $ 851 $ 672 $ 1,042 $ 768 $ 1,391 $ 960 $ 1,726 $ 1,440 $ 1,875 $ 1,800 $ 2,344

TAMPA N/A $ 795 $ 624 $ 992 $ 845 $ 1,319 $ 1,152 $ 1,575 $ 1,440 $ 1,875 $ 1,800 $ 2,344

Amended and Restated Housing Policy2020 Approved August 21, 2020 F' i ? 35
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Coda will be followed for all services/programs provided.
In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value as of the date the Tribal Member applies
for benefits under any Housing Programs
 ATTACHMENT B

WIND ZONES IN THE UNITED STATS

WIND ZONES IN THE UNITED STATES*

Se,zlme

Olympia

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P{,liand
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WIND ZONES
<0 FM. 5#.?.@E@M&88,IRNTQSSG ZONEI
(130 mph)
'ampa
?'34:Sf- ZONEII
7 J- =0 :F-
OTHER CONSIDERATIONS
(160 mph)
..ME#.
V -mi
-
ALASKA Elll-1* ZONE IH

LL-] Special Wlnd Region (200 mph)

mEl +[Link]
Region
ZONEIV
(250 mph)
+ HAWAII+ -
2MEQ41E.E..MB.,0.W*:.d.
GLJAM Design Wind Speed measuring cmeria
are consistent with ASCE 7-05
- 3-second
gust
- 33 feet above
gracie
I See all -
Exposure C

Amended and Restated Housing Policy 2020 Approved August 21, 2020 N.- 136
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In order to qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value as of the date the Tribal Mernber applies
for benefits under any Housing Programs
 THIS PAGE 8AS INTENTIONALLY LEFT BLANK

Amended and Restated Housing Policy 2020 Approved August 21, 2020 Page 137
Programs are limited to the budget approved by the Tribal Council each fiscal year and may be suspended when all of the funds have been used.
Current IRS Tax Codes will be followed for all services/programs provided.
In orderto qualify for Housing Programs, Tribal Member Owned Homes must be adequately insured at replacement cost value asof the datethe Tribal Memberapplies
for benefits under any Housing Programs