MUTUALAGREEMENT

ThisMutualAgreement(“Agreement”)ismade effectiveandenteredintothis ____ day of ______, 2016, by andbetween:

Arborwood Community Development District, a local unit of special-purpose government established pursuantto Chapter 190, Florida Statutes, which has a mailing address of 27499 Riverview Center Boulevard, Suite 253, Bonita Springs, Florida 34134 (“District”);and

Hampton Golf, Inc., a registered Florida corporation, which has a principal address of 10401 Deerwood Park Blvd., Ste. 2130, Jacksonville, Florida 32256 (“Hampton Golf,” and together with the District, “Parties”).

Recitals

Whereas, on or about January 12, 2016, Hampton Golf removed certain trees that were part of a conservation area on District-owned property (“Property”) located adjacent to The Plantation Golf & Country Club (“Club”), without District’s consent (“Claim”); and

Whereas, in an effort to amicably resolve the Claim and any other allegations related thereto, the Parties each desire to execute this Agreement;

Now, therefore, in consideration of the mutual agreements and covenants contained herein, and intending to be legally bound, the Parties hereto agree as follows:

  1. Incorporation of recitals. The recitals stated above are true and correct and by this reference are incorporated herein as a material part of this Agreement.
  1. Hampton Golf’s Obligations. In consideration for the District’s release of the Claim set forth herein, Hampton Golf hereby agrees to the following:
  1. Production and display of Preserve Posters. Hampton Golf shall produce and maintain posters (“Preserve Posters”) that shall clearly depict the boundaries of the preserve portion of the Property from an aerial view and include, in both English and Spanish, a list of prohibited actions within the preserve portion of the Property including, but not necessarily limited to, dumping or the removal of native trees from said preserve. The Preserve Posters shall be visibly displayed within the Hampton Golf Maintenance Facility at the Club at all times.
  1. Preserve Signs. Hampton Golf shall install and maintain signs identifying the preserves (“Preserve Signs”), and such signs shall be in locations to be specified by the South Florida Water Management District (“SFWMD”) along each hole of the Club’s golf course that abuts the preserve portion of the Property.
  1. inspection. After Hampton Golf has produced and displayed the Preserve Posters at the Hampton Golf Maintenance Facility at the Club and installed the Preserve Signs in the requisite locations around the Club’s golf course, Hampton Golf shall secure for the District the written approval of SFWMD confirming that the Preserve Posters and Preserve Signs are acceptable in form and are in their proper places and that no further action by Hampton Golf or the District is necessary to address the removal of the trees from the preserve portion of the Property (the “Approval”).
  1. Slash Pines. Upon Hampton Golf’s receipt of the Approval, Hampton Golf shall install 12 slash pine trees, ranging from six feet tall to eight feet tall in height, on the Property. In connection with such installation, Hampton Golf shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations and ordinances, including but not limited to any of SFWMDregulations. The District grants Hampton Golf, including those certain parties involved with the installation of said trees, a license to enter the Property in order to perform its respective obligations under this Agreement. Upon the District’s receipt of the Approval and the completion of the tree installation, Hampton Golf’s obligations under this Agreement will be satisfied and no further action will be required.
  1. release from liability. Upon Hampton Golf’s completion of the items set forth in paragraph 2 above, the District shall be deemed to have forever released and discharged Hampton Golf, Centex Homes and Pulte Home Corporation, and each of their respective current and former officers, directors, agents, staff, employees, attorneys, predecessors, affiliates, subsidiaries, representatives, successors and assigns, of and from any and all claims, counter-claims, demands, rights, obligations, liabilities, damages, costs, including attorneys’ fees and costs, and causes of action whether existing now or in the future arising out of or related to the Claim.
  1. NO ADMISSION. This Agreement is a compromise of disputed claims and is not intended to be, and is not, an admission of liability or fault by any party hereto.
  1. execution of agreement. Each party acknowledges that it has read and fully understands the terms of this Agreement, that it has been given the time and opportunity to involve or consultant attorneys of its own choice with regard to the execution of this Agreement, and that it executes this Agreement voluntarily and without any duress or undue influence on the part or behalf of any of the Parties after consultation with its attorneys.
  1. headings for convenience only. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.
  1. Complete and final expression of agreement. This instrument shall constitute the final and complete expression of this Agreement between the District and Hampton Golf to the subject matter of this Agreement.

In witness whereof,thePartiesheretohavedulyexecutedthisAgreement, effective as of the date first written above.

DISTRICT:

Arborwood Community Development District,

a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes.

By: ______

Signature

______

PrintTitle

HAMPTON GOLF:

Hampton Golf, Inc.,

a Florida corporation

By: ______

M.G. Orender, President