Windward Community Development District

Agenda February 19, 2020

A GENDA

Windward
Community Development District

219 East Livingston Street, Orlando, FL 32801 Phone: 407-841-5524- Fax: 407-839-1526

February 12, 2020

Board of Supervisors Windward
Community Development District Dear Board Members:
The regular meeting of the Board of Supervisors of the Windward Community
Development District will be held Wednesday, February 19, 2020 at 2:00 p.m. at the West Osceola Branch Library, 305 Campus Street, Kissimmee, FL 34747. Following is the  agenda for the meeting:

Roll Call
Public Comment Period
Approval of Minutes of January 15, 2020 Meeting
Consideration of Resolution 2020-04 Acceptance of Phase 2 and Phase 3A Conveyances
Staff Reports
Attorney
Update on Auditing Requirements
Engineer
District Manager
Approval of Check Register
Balance Sheet and Income Statement
Other Business
Supervisors' Requests
Adjournment

The second order of business of the Board of Supervisors meeting is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The third order of business is approval of the minutes of the January 15, 2020 Board of Supervisors meeting. The minutes are enclosed for your review.

The fourth order of business is consideration of Resolution 2020-04 acceptance of phase 2 and phase 3A conveyances. A copy of the resolution is enclosed for your review.

Section B of the fifth order of business is the Attorney's Report. Section 1 is an update on auditing requirements. Backup is enclosed for your review. Section C is the District

Manager's Report and Section 1 includes the check register being submitted  for approval and section 2 includes the balance sheet and income statement for your review.

The balance of the agenda will be discussed at the meeting. In the meantime, if  you have any questions, please contact me.

0

Sincerely,

Jason Showe District Manager

Cc: Jan Carpenter, District Counsel Brett Sealy, Underwriter
Mike Williams, Bond Counsel David Kelly, District Engineer Darrin Mossing, GMS

Enclosures

M INUTES

MINUTES OF MEETING WINDWARD
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Windward Community Development District was held Wednesday, January 15, 2020 at 2:00 p.m. in the West Osceola Branch Library, 305 Campus Street, Kissimmee, Florida.

Present and constituting a quorum were:

John Kassik Jimmy Clark Thomas Franklin Ellis Roe Marvin Morris

Also present were:

Jason Showe Andrew d' Adesky David Kelly William Viasalyers

FIRST ORDER OF BUSINESS

Chairperson Vice Chairman
Assistant Secretary Assistant Secretary Assistant Secretary

District Manager District Counsel District Engineer Field Manager

Roll Call

Mr. Showe called the meeting to order at 2:00 p.m. and called the roll.

SECOND ORDER OF BUSINESS	Public Comment
There being none, the next item followed.

THIRD ORDER OF BUSINESS	Approval of the Minutes of the November 20,
2019 Meeting and Acceptance of the Minutes of the November 5, 2019 Landowners' Meeting

On MOTION by Mr. Kassik seconded by Mr. Roe with all in favor the minutes of the November 20, 2019 meeting were approved and the November 5, 2019 Landowners' meeting minutes were accepted.

January 15, 2020	Windward CDD

FOURTH ORDER OF BUSINESS	Discussion of Rear Gate
Mr. Morris stated the problem that seems to occur is if you are going to Four Seasons and back and the gate gets knocked down. The security we have at Four Seasons is what is called a soft gate because it is a public road and they do let everybody in. The same thing occurs at Mystic Dunes, they have a security guard and we have a security guard as well. What is the purpose of keeping the gates there? People from Mystic Dunes with their golf carts go to Four Seasons all the time, they are going to the course that runs in between all our houses. I suggest that we remove the gates. There is no real reason to keep them there and it would cut expenses because Jason has to send somebody out on the gate even though they may be on staff and are getting paid anyway they still have to come out every couple of days.
Mr. Kassik stated we do have golf cart access from Mystic Dunes into Four Seasons, unlimited. The drop bars were put up to restrict traffic between the two. We don't want construction workers leaving Four Seasons and going into Mystic Dunes, we are both private communities. That was the purpose of the drop arms.  We didn't want to do a hard gate because  it is a public access road. Certain people have the key code for that.
Mr. Morris asked now that Phase 1 is done which is where they would abuse those gates anyway and they are doing Phase 2 and 3 is closer to the Four Seasons exit than Mystic Dunes exit is it necessary any longer?
Mr. Kassik stated that is not for me to decide it is the residents' decision at the end of the day. I would prefer to leave them there to restrict that traffic, that was a verbal agreement we had with the Mystic Dunes people.
Mr. d' Adesky stated even though it is public and they can get through if they ask, just seeing a gate will deter people.
Mr. Morris stated there is more we can do to deter. We can put striping on the road. I know you have put up a couple stop signs and you have hung a stop sign on the gates. Has that helped?
Mr. Viasalyers stated I'm the one that goes out and picks it up and puts it back on. We use
nylon nuts so any kind of impact it immediately breaks away and it is very cheap and over the last two months I have only had to go there about three times. Adding the stop sign seems to help.

2

January 15, 2020	Windward CDD

Mr. Kassik stated if we open that road it is going to become a live road back and forth between us and Mystic Dunes. Their guests are going to wander over but the drop arm will deter. They can come with a golf cart.
Mr. Morris stated they do it anyway, we see them in our neighborhoods all the time and that is fine, I don't have a problem with that. Since the main gates on both Mystic Dunes and Four Seasons are soft gates that deters some criminal activity
Mr. Kassik stated the first people who will be screaming about it will be Mystic Dunes when our construction workers are going in there because they will find out there is a restaurant over there and start running over there.
Mr. Morris asked do you think Mystic Dunes will object to it?
Mr. Kassik responded yes, we agreed upfront that we would put that deterrent there to keep the car traffic out. We never intended to restrict the golf carts or pedestrian traffic.
Mr. Morris stated I'm looking to save the CDD money.
Mr. Viasalyers stated it usually works out that I'm going there anyway.
Mr. Showe stated there is no additional charge. We have gone to the nylon nuts, before we used steel nuts and you bang the arm up and that is a couple hundred to replace versus nylon nuts at 10¢ and if there is any impact it falls off. Even though you see it on the ground more frequently it is more cost effective in the long run.
Mr. Franklin asked what is the overall savings? If the savings is gigantic, I could see it.
Mr. Viasalyers stated maybe $500 to $1,000 a year if that. That is pushing it. If we have to replace one of the arms it is $400 to $500.
Mr. Showe stated we monitor these things and if it becomes more cost effective to look for another solution, we can do that. I know Wil has some proposals for cameras, but it is pretty expensive. With cameras on gates the only effective way to get it is if you get a license plate and even then we can't send a license plate to the sheriffs department; they won't run it for us. Unless you know whose car that is through some way, having the license plate doesn't do a whole lot.
Mr. Kassik stated I think a much cheaper method than this would be to put additional signage there. We can do striping in the road.
Mr. Morris stated I will modify my request to go with striping and signage. What kind of cost are we talking about?

3

January 15, 2020	Windward CDD

Mr. Viasalyers stated we would have to investigate it and bring the numbers back to the next meeting.
Mr. Showe stated in Melbourne we use double speed humps to prevent tailgating. We can try striping first then look at other methods.

FIFTH ORDER OF BUSINESS
Attorney

Staff Reports

Mr. d' Adesky stated we had spoken with Brett Sealy and Justin Rowan on the expansion. They were interested in the bond issuance that goes along with the expansion, but we want to make sure we are capturing all the land that KHov has closed on when we expand the District. I believe that was 32.69 acres of land, H & I and make sure that is all the land and there is no other conservation land or anything else that might need to be rolled up into that.
Mr. Kelly stated as far as the development envelope is concerned, that is the 32.69 acres and no conservation.
Mr. d' Adesky stated we will get moving on that just to know where we are. I will get the consent over to KHov, GMS will do a SERC but they are waiting on the timetable and costs. Then we will get the petition and bring it back to you, which is just land use information and what the improvements are going to be above and beyond the minimum standard, which would be similar to when we filed the original petition.

Engineer
Mr. Kelly stated the costs and timeline are being finalized now, we will have it out to the group next week. I need to get with Ed on a couple costs and that should be ready for next week.
Phases 2 & 3A that were under construction are now basically complete and certified. 3B and 4A, which are being permitted now, we are anticipating permits at the end of the month. The permitting for the last piece 3C, 3D and 4B was the end of March.

Manager
Approval of Check Register

4

January 15, 2020	Windward CDD

On MOTION by Mr. Franklin seconded by Mr. Morris with all in favor the check register was approved.

Balance Sheet and Income Statement
A copy of the balance sheet and income statement were included in the agenda package.

Ratification of FY20 Funding Request #4

On MOTION by Mr. Kassik seconded by Mr. Clark with all in favor FY20 funding request no. 4 was ratified.

Field Operations
There being none, the next item followed.

SIXTH ORDER OF BUSINESS	Other Business
There being none, the next item followed.

SEVENTH ORDER OF BUSINESS	Supervisor's Requests
Mr. Morris stated I want to know ifthere is any interest in a dog park within Four Seasons.
Would that come from the CDD or HOA?
Mr. Showe stated it could come from either.
Mr. d' Adesky stated it depends on what land is available to craft a dog park. In many communities you take an open space tract or a basic landscape tract. It is not too difficult, but you need to make sure ifit is CDD it has to be ADA compliant. You would want it to be anyway.
Mr. Kassik stated we are deeply into the finalized open space as it stands for the rest of the project right now. It is something we could look at hardscape wise, it doesn't seem like it would be too difficult, but we would have to look at that now. It would have to be in the future phases.

On MOTION by Mr. Kassik seconded by Mr. Clark with all in favor the meeting adjourned at 2:17 p.m.

5

January 15, 2020	Windward CDD

Secretary/Assistant Secretary	ChairmanNice Chairman

6

S ECTION IV

RESOLUTION  2020 - 04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WINDWARD COMMUNITY DEVELOPMENT DISTRICT ACCEPTING THE CONVEYANCE OF REAL PROPERTY INTERESTS AND IMPROVEMENTS WITHIN PHASE 2 AND PHASE 3A RELATING TO  THE  SERIES 2018 PROJECT; AUTHORIZING DISTRICT STAFF AND THE CHAIRMAN TO REVIEW, EXECUTE AND DELIVER ACCEPT ALL DEEDS AND OTHER DOCUMENTS TO EFFECTUATE SUCH CONVEYANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Windward Community Development District (the "District") is a local unit of special purpose government duly organized and existing under the provisions of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"), by Osceola County (the "County") Ordinance 2017-21 enacted  by  the Board of County Commissioners on the 10th day of April, 2017 (the "Ordinance"); and
WHEREAS, the District has the authority, generally under the Act and  the Ordinance, and specifically under Section 190.012, Florida Statutes, to acquire real property and improvements for, among other things, the purposes of operating and maintaining systems, facilities, and basic infrastructure within the District; and

WHEREAS, the District has the authority, generally under Florida Law and the Act, and specifically under Section 190.011(7)(a), Florida Statutes, to acquire, dispose of any  real property, dedications or platted reservations in any manner so long as it is in the best interest  of the District; and

WHEREAS, the District has issued it's Windward Community Development District Special Assessment Revenue Bonds, Series 2018 ("Series 2018 Bonds")  which shall,  in part,  paid for the acquisition of certain infrastructure within a portion of the first phase of the Four Seasons Development (the "Series 2018 Project"); and

WHEREAS, K Hovnanian at Mystic Dunes, LLC, a Florida limited  liability company (the "Developer"), has proposed the transfer to and acceptance by the District  of certain  parcels of property with related public improvements related to Series 2018 Project within the phases platted as Phase 2 and 3A, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property" or "Phase 2 and Phase 3A Property"); and

WHEREAS, subject to the final review of District staff, which includes, but  is  not limited to, the District Engineer, District Counsel and the District Manager, the Developer has substantially complied with the requirements for conveyance of the property to the District.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the Windward Community Development District (the "Board"), as follows:

Windward Community Development District Resolution 2020- 04 (Phase 2 & 3A Conveyances)

Incorporation of Recitals. The above recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.
Approval of Acquisition of Phase 2 and Phase 3A Prope rty. The Board hereby approves the acceptance of the Property, including related improvements, as  set forth  in  the above recitals, and the acceptance of the documents listed in Composite  Exhibit  "B", together with all other documents relating to the conveyance and acceptance of the Property (the "Conveyance Documents") from the Developer, subject to the final review and  sign  off  of District Staff.
Delegation of Authority to Chairman.  Upon  District  Staff's  review  and approval of the Conveyance Documents and any documentation reasonably associated  with  the conveyance described herein, the Chairman of the Board (the "Chairman") is authorized to negotiate and accept the deeds, together with all other Conveyance Documents on behalf of the District. The Chairman shall be authorized to negotiate, execute and deliver any other document necessary to effectuate the intent  of this Resolution.  The terms and conditions  of all documents to be accepted or executed in connection with any of the foregoing shall be acceptable by the District Staff and the Chairman, and the execution, acceptance and delivery of  any  such document or instrument by the Chairman shall constitute conclusive evidence that the terms and conditions contained in said documents have been approved by the District.

Authorization of District Staff. The District Staff, which shall include the District Manager, District Counsel, District Bond Counsel and the District Engineer, are hereby  authorized on behalf of the District to take such actions and to implement the  foregoing provisions as deemed necessary or appropriate, including the preparation of any necessary documentation and the performance of any actions  necessary  or prudent  to effectuate the intent of this Resolution.

Severabilitv. If any section, paragraph, clause or  provision  of  this  Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.

Effective Date. This Resolution shall take effect immediately upon its adoption.

[Continues on the Following Pages]

Windward Community Development District Resolution 2020 - 04 (Phase 2 & 3A Conveyances)

PASSED in public meeting of the Board of Supervisors of the Windward Community Development District, this 19th day of February, 2020.

Attest:

Print: _ _ _ _ _ _ _ _ _ _ _
Secretary/Asst. Secretary

WINDWARD COMMUNITY DEVELOPMENT DISTRICT

By: _ _ _ _ _ _ _ _ _ _ _ _ _
Print:- - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -

Windward Community Development District Resolution 2020- 04 (Phase 2 & 3A Conveyances)

EXIDBIT "A"

THE PROPERTY

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO PHASE 2, Tracts M, N, 0, P, R, T, U, V and W (Open Space), Tract L (Right-of-Way), and Tract S (Access Tract), as recorded in Plat Book 28, Page 9 of the Official Records of Osceola County.

Together with

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO  PHASE 3A, Tract SW-1 (Stormwater) and Tract D (Right-of-Way), as recorded in Plat Book  27, Page 154, of the Official Records of Osceola County.

Windward Community Development District Resolution 2020-04 (Phase 2 & 3A Conveyances)

	EXHIBIT "B"

INDEX	

B-1.

B-2.	Access Easement Agreement Drainage Easement Agreement		
B-3.	Special Warranty Deed		
B-4.

B-5.

B-6.	Agreement Regarding Taxes Bill of Sale
Owner's Affidavit		

Windward Community Development District Resolution 2020 - 04 (Phase 2 & 3A Conveyances)

PREPARED BY AND AFTER RECORDING RETURN TO:

Andrew C. d' Adesky, Esq.
Latham, Luna, Eden & Beaudine LLP 111 North Magnolia Ave
Suite 1400
Orlando, Florida 3280 l

Tax Parcel ID:
l 5-25-27-3415-0001-l890
l 5-25-27-3415-0001-l 900

ACCESS EASEMENT AGREEMENT (WINDWARD - FOUR SEASONS PHASE 2 PROJECT)

THIS ACCESS  EASEMENT  AGREEMENT  (this "Easement")  is made and entered
into  as  of  the 		day  of  _   _   _   _   _   _,  2020  ("Effective  Date"),  by  and  between  K.
HOVNANIAN AT MYSTIC DUNES, LLC, a Florida limited liability company ("Grantor"), and WINDWARD COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district created pursuant to Chapter 190, Florida Statutes ("Grantee") (Grantor and Grantee are sometimes referred to herein as a "Party" or collectively as the "Parties").

RECITALS

I. Grantor  is the owner of certain  real property  located  in Osceola County,  Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference (the "Property").

2.  Pursuant  to that certain Plat of Four Seasons at Orlando Phase 2, recorded  in Plat  Book 28, Page 9 (the "Plat"), Grantor has agreed to convey to Grantee an access easement over a portion of the Property, being more particularly described on Exhibit "B" attached hereto and made a part hereof by this reference (the "Easement Area") pursuant to a separate instrument.

NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, for the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, for and on behalf of themselves, their legal representatives, successors and assigns, do hereby covenant and agree as follows:

Recitals. The above recitals are true and correct and are hereby incorporated herein by this reference.

Grant of Easement.

Grantor hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, a perpetual and non-exclusive easement across, through, under, over, in and on the

Windward Community Development District Phase 2 Conveyances

Easement Area for vehicular and pedestrian ingress and egress to and from Tract R (Open Space) as shown on the Plat.
The maintenance of the Easement Area shall be performed by Grantee at Grantee's cost and expense, pursuant to and in compliance with any and all applicable governmental laws, codes, rules and regulations.

lndemnitv; Lien Free Condition. Grantee agrees to and shall indemnify, defend and hold harmless Grantor and its employees, agents, contractors and invitees, from and against any and all losses, liabilities, claims, damages, costs and expenses, including, without limitation, actual and reasonable attorneys' fees and expenses, that any of them may sustain or incur or to which any of them may be subjected, arising from or relating to the actions, activities or omissions of Grantee related to the easement rights herein. All work required or permitted to be performed pursuant to this Easement on, under, across, over or through the Easement Area shall be performed free and clear of all materialman's liens, mechanic's liens and other liens. In the event  any such lien attaches, Grantee shall, within thirty (30) days after notice that said lien has been filed, pay  the claim secured by such lien or remove such lien by bond. In the event Grantee fails to do so, then Grantor may pay and satisfy such lien or remove such lien by bond, and Grantee shall reimburse Grantor for all costs and expenses incurred by Grantor in connection therewith, including attorneys' fees and interest at the post-judgment interest rate then prevailing in the courts of Osceola County, Florida.

Reservation of Rights. The easement rights granted in this Easement are non- exclusive in nature and are subject to all covenants, restrictions, easements and other encumbrances and matters of record. The owner of the Easement Area shall have the right to use the Easement Area for any purpose not inconsistent with the full use and enjoyment of the rights granted herein.

Covenants Running with the Land. All rights, privileges, benefits and burdens created herein are covenants and agreements running with title to the Property and shall be binding upon and inuring to the benefit of Grantor and its successors in title. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for any public use or purpose whatsoever.

Notices. All notices, consents, approvals, waivers and elections which any Party shall be requested or shall desire to make or give under this Easement shall be in writing and shall be given only by (i) hand delivery, (ii) certified mail, (iii) next day delivery by nationally recognized package delivery service, or (iv) by email, with confirmation of receipt. Notices, including notice of a change of address or phone number, shall be addressed or transmitted to the addresses set forth below, or that a Party may otherwise designate in the manner prescribed herein:

Windward Community Development District Phase 2 Conveyances

To Grantor:

To Grantee:

With copy to:

K. Hovnanian at Mystic Dunes, LLC Attention: Kyle Upper, Division President 2301 Lucien Way, Suite 260
Maitland, Florida 32751 Email: kupper@khov.com

Windward Community Development District Attention: District Manager
c/o Governmental Management Services - Central Florida, LLC 219 East Livingston Street
Orlando, FL,  32801 Email: gflint@gmscfl.com

Latham, Luna, Eden & Beaudine, LLP Attention: Jan Carpenter, District Counsel 111 North Magnolia Ave, Suite 1400
Orlando, FL 32801
Email: jc arpenter<a;lathamluna.com

Miscellaneous.

This Easement shall not be modified or amended in any respect except by written instrument executed by or on behalf of the Parties in the same manner as this Easement is executed, and specifically referencing such a modification or amendment.

No delay or omission of any Party hereto in the exercise of any right accruing upon any breach or default of the other Party shall impair such right or be construed to be a waiver thereof, and each such right may be exercised at any time during the continuance of such a breach or default. A waiver by any Party hereto of a breach of, or default in, any provision of this Easement by the other Party shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Easement.

No breach of or default in the provisions of this Easement shall entitle any Party to cancel, rescind or otherwise terminate this Easement or any of the rights and obligations declared hereunder, but such limitation shall not affect, in any manner, any of the other rights or remedies which any Party may have hereunder and/or at law or in equity by reason of any breach of or default in the provisions of this Agreement.

If any provision of this Easement, or a portion thereof, or the application thereof to any person or circumstance, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Easement, or the application of such provision or portion thereof to any persons or circumstances, shall not be affected thereby. Each provision ofthis Easement shall be valid and enforceable to the fullest extent permitted by law.

This Easement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.

Windward Community Development District Phase 2 Conveyances

The prevailing party in any litigation involving this Easement shall be entitled to recover from the non-prevailing party all reasonable attorneys' fees, paralegal fees and costs incurred in connection with such litigation, at arbitration, or appeal or otherwise.

The section and other headings in this Easement are for convenience only, shall in no way define or limit the scope or content of this Easement and shall not be considered in any construction or interpretation of this Easement, or any part hereof.

This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one agreement.

All references to paragraphs or subparagraphs shall be deemed to refer to the appropriate paragraph or subparagraph of this Easement. Unless otherwise specified in this Easement, the terms "herein," "hereof," "hereinafter," "hereunder" and other terms of like or similar import, shall be deemed to refer to this Easement as a whole, and not to any particular paragraph or subparagraph hereof.

Each of the rights and benefits granted herein shall include all those additional rights and benefits that are necessary for the full enjoyment thereof and are customarily incidental thereto.

Except as may be expressly limited by the terms of this Easement, all rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of those provided at law or in equity.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

Windward Community Development District Phase 2 Conveyances

IN WITNESS WHEREOF, the parties have caused these  presents  to be executed  as of the day and year first written above.

GRANTOR:

Printed Name:_   _   _   _   _   _   _   _   _   _  _

Printed Name:_   _   _   _   _   _   _   _   _   _   _

K. HOVNANIAN AT MYSTIC DUNES, LLC, a Florida limited liability company
By:_ _ _ _ _ _ _ _ _ _ _ _
Name: - - - - - - - - - - - - - -
Title: - - - - - - - - - - - - - -

STATE OF FLORIDA COUNTY OF - - - - -
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [  ] online notarization, this  		day of _   _   _   _   _   _	2020, by-   -    -    -    -    -    -
as _ _ _ _ _ _ _ _ _ of K. Hovnanian at Mystic Dunes, LLC, a Florida limited liability
company, on behalf of the company.   S/he is 		personally known to me OR has produced

- - - - - - - - - - - - -

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of Florida Commission No.:_  _  _  _  _  _  _
My Commission  Expires:_   _   _ _

Windward Community Development District Phase 2 Conveyances

as identification.

Signed, sealed and delivered in the presence of:

Printed Name:_   _   _   _   _   _   _   _   _   _   _

Printed Name:_   _   _   _   _   _   _   _   _   _   _

GRANTEE:

WINDWARD COMMUNITY DEVELOPMENT DISTRICT, a Florida
community development district
By:_ _ _ _ _ _ _ _ _ _

Name: -  -  -  -  -  -  -  -  -  -  -  -  -  -
Title:- - - - - - - - - - - - - -

STATE OF - - - - - -
COUNTYOF - - - - - -
The foregoing instrument was acknowledged  before me by means of [  ] physical presence
or [  ] online notarization, this 		day of _   _   _  _  _	2020, by	,
as _  _   _   _   _   _ _  _	of Windward Community Development District, a Florida community

development  district.	S/he  is   	

personally  known  to me	OR	has   	

produced

- - - - - - - - - -- - - - - - - - - as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of _   _   _   _ _
Commission No.:_  _   _   _   _   _ _
My Commission Expires:._    _   _   _

Windward Community Development District Phase 2 Conveyances

EXHIBIT "A"

Property

Lot 189 and Lot 190 within the plat of FOUR SEASONS AT ORLANDO PHASE 2, as recorded in Plat Book 28, Page 9, of the Official Records of Osceola County.

Windward Community Development District Phase 2 Conveyances

EXHIBIT "B"

Easement Area

The following parcel contained within the plat of FOUR SEASONS AT ORLANDO PHASE  2, 20 foot wide access easement over the common property line between Lots 189 and 190, as recorded in Plat Book 28, Page 9, of the Official Records of Osceola County.

Windward Community Development District Phase 2 Conveyances

PREPARED BY AND AFTER RECORDING RETURN TO:

Chadwick E. Crews, Esq. Shutts & Bowen LLP 300 S. Orange Avenue Suite 1600
Orlando, Florida 32801

Tax Parcel ID:
15-25-27-3414-0001-00A0

DRAINAGE EASEMENT AGREEMENT (WINDWARD - FOUR SEASONS PHASES 2 AND 3A)

THIS  DRAINAGE  EASEMENT   AGREEMENT   (this  "Easement")   is  made and
entered into as of the 		day of	2020 ("Effective Date"), by and between K.
HOVNANIAN AT MYSTIC DUNES, LLC, a Florida limited liability company ("Grantor"), and WINDWARD COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district created pursuant to Chapter 190, Florida Statutes ("Grantee") (Grantor and Grantee are sometimes referred to herein as a "Party" or collectively as the "Parties").

RECITALS

Grantor is the owner of certain real property located in Osceola County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference (the "Property").

Pursuant to that certain Plat of Four Seasons at Orlando Phase 2, recorded in Plat Book 28, Page 9, and that certain Plat of Four Seasons at Orlando Phase 3A, recorded in Plat Book 27, Page 154 (collectively, the "Plats"), Grantor has agreed to convey to Grantee drainage easements over a portion of the Property, being more particularly described on Exhibit "B" attached hereto and made a part hereof by this reference (the "Easement Area") pursuant to a separate instrument.

NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, for the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, for and on behalf of themselves, their legal representatives, successors and assigns, do hereby covenant and agree as follows:

Recitals. The above recitals are true and correct and are hereby incorporated herein by this reference.
Grant of Drainage Easement.

Windward- Phases 2 and 3A Conveyances
ORLDOCS 16953150 l 40469.0009

Grantor hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, a perpetual and non-exclusive easement across, through, under, over, in and on the Easement Area for construction, use, maintenance, repair and replacement of certain drainage and stormwater improvements and facilities (the "Drainage Facilities") necessary in connection with the development of the Property for the benefit of the owners of the real property shown on the Plats (the "Designated Beneficiaries").

The design, engineering, permitting, installation, construction, maintenance, repair, and replacement of any Drainage Facilities shall be performed by Grantee at Grantee's cost and expense, pursuant to and in compliance with any and all applicable governmental laws, codes, rules, regulations, and approvals, in a manner that does not unreasonably interfere with the use thereof by the Designated Beneficiaries.
Indemnity; Lien Free Condition. Grantee agrees to and shall indemnify, defend and hold harmless Grantor and its employees, agents, contractors and invitees, from and against any and all losses, liabilities, claims, damages, costs and expenses, including, without limitation, actual and reasonable attorneys' fees and expenses, that any of them may sustain or incur or to which any of them may be subjected, arising from or relating to the actions, activities or omissions of Grantee related to the easement rights herein. All work required or permitted to be performed pursuant to this Easement on, under, across, over or through the Easement Area shall be performed free and clear of all materialman's liens, mechanic's liens and other liens. In the event any such  lien attaches, Grantee shall, within thirty (30) days after notice that said lien has been  filed, pay the claim secured by such lien or remove such lien by bond. In the event Grantee fails to do so, then Grantor may pay and satisfy such lien or remove such lien by bond, and Grantee shall reimburse Grantor for all costs and expenses incurred by Grantor in connection therewith, including attorneys' fees and interest at the post-judgment interest rate then prevailing in the courts of Osceola County, Florida.

Reservation of Rights. The easement rights granted in this Easement are non- exclusive in nature and are subject to all covenants, restrictions, easements and other encumbrances and matters of record. The owner of the Easement Area shall have the right to use the Easement Area for any purpose not inconsistent with the full use and enjoyment of the rights granted herein.
Covenants Running with the Land. All rights, privileges, benefits and burdens created herein are covenants and agreements running with title to the Property and shall be binding upon and inuring to the benefit of Grantor and its successors in title and the Designated Beneficiaries. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for any public use or purpose whatsoever.

Notices. All notices, consents, approvals, waivers and elections which any Party shall be requested or shall desire to make or give under this Easement shall be in writing and shall be given only by (i) hand delivery, (ii) certified mail, (iii) next day delivery by nationally recognized package delivery service, or (iv) by email, with confirmation of receipt. Notices, including notice of a change of address or phone number, shall be addressed or transmitted to the addresses set forth below, or that a Party may otherwise designate in the manner prescribed herein:

-Windward - Phases 2 and 3A Conveyances

To Grantor:

To Grantee:

With copy to:

K. Hovnanian at Mystic Dunes, LLC Attention: Kyle Upper, Division President 2301 Lucien Way, Suite 260
Maitland, Florida 32751 Email: kupper@khov.com

Windward Community Development District Attention: District Manager
c/o Governmental Management Services - Central Florida, LLC 219 East Livingston Street
Orlando, FL 32801
Email: gflint@gmscfl.com

Latham, Luna, Eden & Beaudine, LLP Attention: Jan Carpenter, District Counsel 111 North Magnolia Ave, Suite 1400
Orlando, FL 32801
Email: jc ar penter(a lathamluna.com

Miscellaneous.

This Easement shall not be modified or amended in any respect except by written instrument executed by or on behalf of the Parties in the same manner as this Easement is executed, and specifically referencing such a modification or amendment.

No delay or omission of any Party hereto in the exercise of any right accruing upon any breach or default of the other Party shall impair such right or be construed to be a waiver thereof, and each such right may be exercised at any time during the continuance of such a breach or default. A waiver by any Party hereto of a breach of, or default in, any provision of this Easement by the other Party shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Easement.

No breach of or default in the provisions of this Easement shall entitle any Party to cancel, rescind or otherwise terminate this Easement or any of the rights and obligations declared hereunder, but such limitation shall not affect, in any manner, any of the other rights or remedies which any Party may have hereunder and/or at law or in equity by reason of any breach of or default in the provisions of this Agreement.

If any provision of this Easement, or a portion thereof, or the application thereof to any person or circumstance, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Easement, or the application of such provision or portion thereof to any persons or circumstances, shall not be affected thereby. Each provision of this Easement shall be valid and enforceable to the fullest extent permitted by law.

This Easement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.

Windward - Phases 2 and 3A Conveyances

The prevailing party in any litigation involving this Easement shall be entitled to recover from the non-prevailing party all reasonable attorneys' fees, paralegal fees and costs incurred in connection with such litigation, at arbitration, or appeal or otherwise.

The section and other headings in this Easement are for convenience only, shall in no way define or limit the scope or content of this Easement and shall not be considered in any construction or interpretation of this Easement, or any part hereof.

This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one agreement.

All references to paragraphs or subparagraphs shall be deemed to refer to the appropriate paragraph or subparagraph of this Easement. Unless otherwise specified in this Easement, the terms "herein," "hereof," "hereinafter," "hereunder" and other terms of like or similar import, shall be deemed to refer to this Easement as a whole, and not to any particular paragraph or subparagraph hereof.
G) Each of the rights and benefits granted  herein  shall  include  all those additional rights and benefits that are necessary for the full enjoyment thereof and are customarily incidental thereto.

(k) Except as may be expressly limited by the terms of this Easement, all rights, powers and privileges conferred hereunder shall be cumulative and not restrictive of those provided at law or in equity.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

Windward - Phases 2 and 3A Conveyances

IN WITNESS WHEREOF, the parties have caused these presents  to be executed as of  the day and year first written above.

GRANTOR:

Printed Name:_   _   _   _   _   _   _   _   _   _  _

Printed Name:_   _   _   _   _   _   _   _   _   _  _

STATE OF FLORIDA
COUNTY OF _	_	_	_

K. HOVNANIAN AT MYSTIC DUNES, LLC, a Florida limited liability company
By:._   _	_	_	_	_	_	_	_	_	_	_
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Title: - - - - - - - - - - - - - -

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [  ] online notarization, this 		day of _   _   _ _  _ 	, 2020, by	 , as
_  _  _  _  _  _  _  _  _  of  K.  Hovnanian  at  Mystic  Dunes,  LLC,  a Florida  limited liability
company, on behalf of the company.  S/He is 		personally known to me   OR   has  produced
- - - - - - - - - - - - - - as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of Florida Commission No.:_ _ _ _ _ _ _
My Commission Expires: 		_

Windward - Phases 2 and 3A Conveyances

Signed, sealed and delivered in the presence of:

Printed Name:_   _   _   _   _   _   _   _   _   _   _

Printed Name:_   _   _   _   _   _   _   _   _   _   _

GRANTEE:

WINDWARD COMMUNITY DEVELOPMENT DISTRICT, a Florida
community development district
By:	 Name: - - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - -

STATE OF - - - - - -
COUNTYOF - - - - - -
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [  ] online notarization, this	day of _   _   _   _   _   _ , 2020, by	,

as _  _   _   _   _   _ _  _	of Windward Community Development District, a Florida community

development  district.	S/He is

personally  known  to me	OR	has   	

produced

- - - - - - - - - - as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of _ _ _ _ _
Commission No.: 	_
My Commission Expires: 		_

Windward - Phases 2 and 3A Conveyances

EXHIBIT "A"

Property

The parcels ofland contained within the plat of FOUR SEASONS AT ORLANDO PHASE 2, as recorded in Plat Book 28, Page 9, of the Official Records of Osceola County.

Together with

The parcels of land contained within the plat of FOUR SEASONS AT ORLANDO PHASE 3A, as recorded in Plat Book 27, Page 154, of the Official Records of Osceola County.

Windward - Phases 2 and 3A Conveyances

EXHIBIT "B"

Easement Areas

The drainage easements contained within the plat of FOUR SEASONS AT ORLANDO PHASE 2, as recorded in Plat Book 28, Page 9, of the Official Records of Osceola County.

Together with

The following parcel contained within the plat of FOUR SEASONS AT ORLANDO PHASE 3A, 30 foot drainage easement within Tract A, as recorded in Plat Book 27, Page 154, of the Official Records of Osceola County.

Windward - Phases 2 and 3A Conveyances
ORLDOCS 16953150 I 40469.0009

Prepared By:

Andrew C. d'Adesky, Esq.
Latham Luna Eden & Beaudine, LLP 111 North Magnolia Ave, Suite 1400
Orlando, Florida 32801

SPECIAL WARRANTY DEED

TIDS   SPECIAL   WARRANTY   DEED,   made   by   K.   HOVNANIAN AT
MYSTIC DUNES, LLC, a Florida limited liability company, whose mailing address is 2301 Lucien Way, Suite 260, Maitland, Florida 32751 (hereinafter the "Grantor"), and the WINDWARD   COMMUNITY   DEVELOPMENT   DISTRICT,   a   Florida community
development district, having an address at c/o Governmental Management Services­ Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 (hereinafter the "Grantee").

WITNESSETH, that the said Grantor, for and in consideration of the sum of
$10.00, to it in hand paid by Grantee, receipt whereofis hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the property described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter the "Property").

TOGETHER WITH all tenements, hereditaments, easements and appurtenances thereto belonging or in anywise appertaining;

TO HAVE AND TO HOLD the Property in fee simple forever.

AND Grantor does hereby covenant  with and warrant  to Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property; and that the Grantor fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other.

SUBJECT TO taxes for the year 2020 and subsequent years, covenants, restrictions, easements, reservations and limitations of record, if any.

AND Grantor expressly reserves to itself, and its successors and assigns, including any property owners of Lots shown on the plat of FOUR SEASONS AT ORLANDO PHASE 2, recorded in Plat Book 28, Page 9 of the Official Records of Osceola County, and their guests and invitees, a non-exclusive, perpetual easement over and across Tract S (Access Tract) within the plat of FOUR SEASONS AT ORLANDO PHASE 2, as recorded in Plat Book 28, Page 9 of the Official Records of Osceola County, for the purposes of golf cart and pedestrian access, ingress and egress.

Windward Community Development District Phases 2 and 3A Conveyances

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, by their proper officer thereunto duly authorized, as of the day and year first above written.

Signed, sealed and delivered in the presence of:

K. HOVNANIAN AT MYSTIC DUNES, LLC, a Florida limited liability company

Witness

Printed Name

By: 	­

Print: - - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - -

Witness

Printed Name

STATE OF FLORIDA COUNTY OF - - - - - - -
The foregoing instrument was acknowledged  before me by means of [    ] physical
presence  or  [	]   online  notarization,   this 		day   of-   -   -	2020,  by
-  -  -  -  -  -  -   -   _,  as _   _   _   _   _   _   _   _   _   _   of K. HOVNANIAN  AT  MYSTIC DUNES, LLC, a Florida limited liability company, on its behalf. Said person is  [      ]  personally   known  to  me  or  [       ] has  produced	as
identification.

Notary Public; State  of Florida Print Name:_   _   _   _   _   _   _   _   _   _  _
My Commission Expires: 		_
My Commission No.:_ _ _ _ _ _

Windward Community Development District Phases 2 and 3A Conveyances

EXHIBIT A
(Windward -  Phases 2 and 3A)

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO PHASE 2, Tracts M, N, 0, P, R, T, U, V and W (Open Space),  Tract  L (Right-of-Way), and Tract S (Access Tract), as recorded in Plat Book 28, Page 9 of the Official Records of Osceola County.

Together with

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO PHASE 3A, Tract SW-1 (Stormwater) and Tract D (Right-of-Way), as recorded in Plat Book 27, Page 154, of the Official Records of Osceola County.

Windward Community Development District Phases 2 and 3A Conveyances

AGREEMENT REGARDING TAXES
(WINDWARD - FOUR SEASONS PHASES 2 AND 3A)

THIS AGREEMENT REGARDING TAXES ("Agreement") is entered into this  	 day of _  _   _   _   _,   2020, by and between K. HOVNANIAN  AT MYSTIC DUNES, LLC, a Florida limited liability company, whose address is 2301 Lucien Way, Suite 260, Maitland, Florida	32751	("Developer"),   and	WINDWARD	COMMUNITY	DEVELOPMENT
DISTRICT, a Florida community development district, whose address is c/o Governmental Management Services - Central Florida, LLC, 219 East Livingston Street, Orlando, FL, 32801 ("District").

WITNESSETH

WHEREAS, Developer is the owner and developer of certain  real  property  located within the boundaries of the District, as such property is described on  Exhibit  "A"  attached hereto and incorporated herein (the "Property"); and

WHEREAS, the Windward Community Development District is a Florida community development  district  and local unit  of special-purpose government  created  pursuant  to Chapter l 90, Florida Statutes; and

WHEREAS, as part of the ongoing development activities within the boundaries of the District, Developer has, simultaneously with the execution of this Agreement, conveyed the Property to the District via Special Warranty Deed; and

WHEREAS, all or a substantial portion of real property already owned by the District is either exempt from ad-valorem taxes or has been given a minimal valuation by the Osceola County Property Appraiser because of the District's status as a governmental entity; and

WHEREAS, in conjunction with the conveyance of the Property from Developer to District, Developer and District are desirous of setting forth in this Agreement their respective responsibilities with regard to applicable ad-valorem taxes and assessments on the Property.

NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars  ($10.00) and other valuable considerations, paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows:

The above recitals are true and correct and are incorporated herein by reference.

Developer hereby represents that all ad-valorem taxes and assessments relating to the Property, or any portion thereof, for tax year 2019 and all prior years have been paid in full.

Agreement Regarding T8lCes Hovnanian / Windward COD
Four Seasons Phases 2 and 3A Conveyances ORLDOCS 169394061

Developer hereby agrees to pay in full, and prior to their becoming  delinquent,  any and all ad-valorem taxes and assessments, if any, levied on the Property for the tax  year  2020.

District shall, within ten (10) days of receipt, forward to the Developer, at their address set forth above and via U.S. mail, any correspondence, notice or bill from the Osceola County Tax Collector relating to the Property for tax year 2020 that the District actually receives in its office.

Subsequent to the District's acceptance of the Property, and only in the event the Property is not conveyed to another governmental entity, the District shall endeavor to either obtain an exemption from ad-valorem taxes pertaining to the Property or, in the alternative, shall seek a minimal valuation of the Property, from the Osceola County Property Appraiser and, subsequent to tax year 2020, Developer shall have no further responsibility with regard to ad­ valorem taxes or assessments levied against the Property.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to  be  executed on their behalf by their duly authorized representatives, all as of the date first set forth above.

[SIGNATURE PAGE FOLLOWS]

Agreement Regarding Taxes Hovnanian / Windward CDD
Four Seasons Phases 2 and 3A Conveyances ORLDOCS 16939406 I

SIGNATURE PAGE TO AGREEMENT REGARDING TAXES
(WINDWARD - FOUR SEASONS PHASES 2 AND 3A)

WITNESSES:	K. HOVNANIAN AT MYSTIC DUNES, LLC, a
Florida limited liability company

X - - - - - - - - - - - - -
Print: _  _  _  _  _  _  _  _  _  _  _

x _ _ _ _ _ _ _ _ _ _ _ _ _

Print:- - - - - - - - - - - -

ATTEST

X - - - - - - - - - - - - -
Print: _ _ _ _ _ _ _ _ _ _ _
Secretary/Asst. Secretary

By: _	_	_	_	_	_	_	_	_	_	_	_

Print: - - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - -

WINDWARD COMMUNITY DEVELOPMENT DISTRICT,
a Florida community development district

By :      -	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
Print: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Title:-- - - - - - - - - - - - - - - -

Agreement Regarding Taxes Hovnanian/ Windward CDD
Four Seasons Phases 2 and 3A Conveyances ORLDOCS 16939406 I

EXHIBIT "A"

Legal Description of the Property

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO PHASE 2, Tracts M, N, 0, P, R, T, U, V and W (Open Space), Tract L (Right-of-Way), and Tract S (Access Tract), as recorded in Plat Book 28, Page 9, of the Official Records of Osceola County.

Together with

The following parcels contained within the plat of FOUR SEASONS AT ORLANDO  PHASE 3A, Tract SW-I (Stormwater) and Tract D (Right-of-Way), as recorded in Plat  Book  27, Page 154, of the Official Records of Osceola County.

Agreement Regarding Taxes Hovnanian/ Windward CDD
Four Seasons Phases 2 and 3A Conveyances ORLDOCS 16939406 I