21-04226L

NOTICE OF PRESERVATION OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BISCAYNE ESTATES HOMEOWNERS' ASSOCIATION, INC.
WHEREAS, Biscayne Estates Homeowners' Association, Inc., a Florida corporation not-for-profit (the “Association”), whose mailing address is c/o SWFL CAM Services, LLC., 10231 Metro Pkwy #204, Fort Myers, FL 33996, was created by the Declarant, Davis Boulevard Service Corporation, a Florida corporation, to operate and enforce the Declaration of Covenants, Conditions and Restrictions for Biscayne Estates Homeowners' Association, Inc.; and
WHEREAS, pursuant to Chapter 712 of the Florida Statutes, entitled “Marketable Record Title Act,” the Board of Directors desires to preserve these restrictions.
NOW THEREFORE, the Association by and through its undersigned Officers executes this Notice of Preservation of the Certificate of Amendment of Amended and Restated Declaration of Covenants, Conditions and Restrictions for Biscayne Estates Homeowners' Association, Inc.; Amended and Restated Articles of Incorporation of Biscayne Estates Homeowners' Association, Inc.; Amended and Restated Bylaws of Biscayne Estates Homeowners' Association, Inc., as recorded at Instrument Number 2017000130370, Public Records of Lee County, Florida, on June 14, 2017, Certificate of Amendment to the Declaration of Covenants, Conditions, and Restrictions of Biscayne Subdivision; Articles of Incorporation for Biscayne Subdivision Homeowners Association, Inc.; By-Laws of Biscayne Subdivision Homeowners Association, Inc., as recorded at Instrument Number 5063924, Public Records of Lee County, Florida, on February 14, 2001, Certificate of Amendment Declaration of Covenants, Conditions, and Restrictions Biscayne Subdivision, as recorded in Official Records Book 2913, Page 1885, et seq., Public Records of Lee County, Florida, on January 26, 1998, Certificate of Amendment Declaration of Covenants, Conditions, and Restrictions Biscayne Subdivision, as recorded in Official Records Book 2909, Page 3718, et seq., Public Records of Lee County, Florida, on January 15, 1998, Articles of Incorporation of Biscayne Subdivision Homeowners' Association, Inc., as recorded in Official Records Book 2807, Page 1467, et seq., Public Records of Lee County, Florida, on April 1, 1997, Certificate of Exemption Under Declaration of Covenants, Conditions and Restrictions of Biscayne Subdivision, as recorded in Official Records Book 2657, Page 1509, et seq., Public Records of Lee County, Florida, on December 6, 1995, Amendment to Declaration of Covenants, Conditions, and Restrictions of Biscayne Subdivision, as recorded in Official Records Book 2657, Page 1505, et seq., Public Records of Lee County, Florida, on December 6, 1995, Declaration of Covenants, Conditions, and Restrictions of Biscayne Subdivision, as recorded in Official Records Book 2365, Page 1861, et seq., Public Records of Lee County, Florida, on March 2, 1993, (the “Declaration of Restrictions”), and as may have been subsequently amended.
1. This Notice is being filed by Biscayne Estates Homeowners' Association, Inc., the extension and preservation of the Declaration of Restrictions having been approved by at least the two-thirds (2/3) vote of the Board of Directors at a meeting of which the members of the Association were informed in accordance with Section 712.06, Florida Statutes. Said meeting was held on September 15, 2021. An affidavit executed by Corye Reiter, the Secretary of Biscayne Estates Homeowners' Association, Inc., attesting that Notice of the Board of Directors meeting was mailed or hand delivered to members of the Association not less than seven (7) days prior to such meeting, along with a copy of said Notice, is attached hereto as Exhibit “A.”
2. The name and Post Office address of the Association is as follows:
Biscayne Estates Homeowners' Association, Inc.
c/o SWFL, CAM Services, LLC.
10231 Metro Pkwy #204
Fort Myers, FL 33996
3. The description of all lands affected by this Notice is as follows:
See Exhibit “B” attached hereto.
4. The Declaration of Restrictions and all subsequent amendments thereto, which are intended to be preserved and extended by and through this Notice, are identified and described in accordance with Section 712.06(1)(e). Florida Statutes, on Exhibit “C” attached hereto.
IN WITNESS WHEREOF, this Notice has been executed this 15th day of September, 2021.
BISCAYNE ESTATES HOMEOWNERS' ASSOCIATION, INC.
Raymond Bilbacher
President
Corye Reiter
Secretary
October 8, 15, 2021 21-04226L

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