THIS INSTRUMENT PREPARED BY:

TimothyF. Campbell, Esq.
Clark, Cambell, Mahwinney & Lancaster

INSTR# 2010107505
BK 08174 PGS 0040-0056 PG(st17 R£CORDED 07/09/2010 01:05:21 PM RICHARD M WEISS, CLERK OF COURT PlJLK COUNTY
RECORDING FEES 146"00
RECORDED BYS Wetzel

AND SHOULD BE RETURNED TO:

Jan Albanese Carpenter, Esq.
Latham, Shuker, Eden & Beaudine, LLP
P.O. Box  3353 Orlando, Florida 32801 407-481-5800

Space above line for recording purposes only

INTERLOCAL AGREEMENT BETWEEN
LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT AND LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

INTERLOCAL AGREEMENT
-BETWEEN LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT AND LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT II

THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on the Effective Date (hereinafter defined), by and between LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government ("Ashton CDD") and LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government ("Ashton II CDD").

WITNESSETH:

WHEREAS, the City Commission of the City of Lake Wales ("City'') has established Ashton CDD, as expanded, by an ordinance adopted pursuant to the "Uniform Community Development District Act of 1980 in Chapter 190, Florida Statutes (the "Act"); and

WHEREAS, the Polk County Board of County Commissioners ("County'') has established Ashton CDD II, as expanded, by an ordinance adopted pursuant to the Act; and

WHERAS, the external boundaries of Ashton CDD are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and include that certain residential community commonly known as Lake Ashton Golf Club ("Ashton CDD Boundaries");

WHERAS, the external boundaries of Ashton II CDD are more particularly described in Exhibit "B" attached hereto and incorporated herein by reference, and include that certain residential community commonly known as Lake Ashton West ("Ashton II Boundaries");

WHEREAS, Ashton CDD is the owner of certain real property and the improvements located thereon, in Polk County, Florida as further described on Exhibit "C" attached hereto and incorporated herein by referenced, including, without limitation, roadways and certain amenities in Lake Ashton, including, by way of example, but without limitation, a clubhouse, swimming pool and tennis court(s) (collectively referred to herein as the "Amenities") and expressly excluding the golf course, (collectively referred to herein as the "Ashton CDD Property''); and

WHEREAS, Ashton CDD IT is the owner of certain property in Polk County, Florida as further described on Exhibit "D" attached hereto and incorporated herein by referenced, which will be developed to include certain improvements in Lake Ashton West, including, without limitation, roadways and Amenities, and expressly excluding the golf course (collectively referred to herein as the "Ashton II CDD Property''); and

WHEREAS, Section 163.01, Florida Statutes (2005) also known as the "Florida Interlocal Cooperation Act of 1969" authorizes public agencies to enter into interlocal agreements; and

WHEREAS, the Board of Supervisors of Ashton CDD ("Ashton Board") and the Board of

Supervisors of Ashton II CDD ("Ashton II Board") believe it is in the best interests of the residents, invitees and guests of Ashton CDD and Ashton II CDD to develop the real property located therein as one interconnected community; and

WHEREAS, in order to facilitate the development of the real property located within the Ashton CDD Boundaries and Ashton II Boundaries as one interconnected community, the parties to this Agreement have agreed to grant certain non-exclusive use rights to the residents, invitees and guests of the Ashton CDD and Ashton II CDD over and across the Ashton II CDD Property and Ashton CDD Property, respectively; and

WHEREAS, the Ashton Board and Ashton II Board believe that the use of the Amenities on the Ashton CDD Property and Ashton II CDD Property, by the residents, guests and invitees of Ashton II CDD and Ashton CDD, respectively, will result in an equal amount of use of the Amenities on the Ashton CDD Property and Ashton II CDD Property; and

WHEREAS, because the Ashton Board and Ashton II Board believe that the use of the Amenities on the Ashton CDD Property and Ashton II CDD Property will be equal, the Ashton Board and Ashton II Board have agreed that each of the parties hereto shall be responsible for the operation and maintenance of the Amenities owned by such party; and

WHEREAS, Ashton CDD and Ashton II CDD have agreed to the maintenance and operation of the roadways as set forth herein.

NOW THEREFORE, in consideration of the mutual promises and other considerations contained herein, the parties hereto agree as follows:

Recitals. The above recitals are true and are hereby incorporated into this Agreement.

Ashton CDD Granting ofUse Rights. Ashton CDD hereby grants the following use rights to the property owners within the Ashton II CDD Boundaries and their guests and invitees, and Ashton II CDD (collectively, referred to herein as "Ashton II Residents"):

Right to Use Roadways. The non-exclusive right to use the roadways more particularly described on Exhibit "E" attached hereto and incorporated herein by referenced located within the Ashton CDD Boundaries and owned by Ashton CDD, for the purpose of pedestrian and vehicular access; and

Right to Use Amenities. The non-exclusive right to use the Amenities located within the Ashton CDD Boundaries and owned by Ashton CDD; provided; however, the Ashton II Residents shall be subject to the same rules and regulations governing the use of the Amenities, as the property owners within the Ashton CDD Boundaries and their guests and invitees (collectively, referred to herein as the "Ashton Residents").

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2

Ashton II CDD Granting of Use Rights. Ashton II CDD hereby grants the following use rights to the Ashton Residents and Ashton CDD:

Right to Use Roadways. The non-exclusive right to use the roadways more particularly described on Exhibit "F" attached hereto and incorporated herein by referenced located within the Ashton II CDD Boundaries and owned by Ashton II CDD, for the purpose of pedestrian and vehicular access; and

Right to Use Amenities. The non-exclusive right to use the Amenities located within the Ashton II CDD Boundaries and owned by Ashton II CDD; provided; however, the Ashton Residents shall be subject to the same rules and regulations governing the use of the Amenities, as the Ashton II Residents.

Approval of Roadway Connections. In order to facilitate the use of the rights described in Paragraphs 2 and 3 above, Ashton CDD and Ashton II CDD hereby approve the roadway connections as depicted on Exhibit "G" attached hereto and incorporated herein by reference ("Roadway Connections") and agree to jointly construct the Roadway Connections. Additional Roadway Connections maybe approved by the mutual consent of the parties.

Construction and Maintenance of Amenities. Ashton CDD and Ashton II CDD shall each be responsible for procuring and paying for the design, permitting, construction, installation, maintenance, operation and repair of any and all Amenities located on the Ashton CDD Property and Ashton II CDD Property, respectively. ·

Construction and Maintenance of Roadways. Ashton CDD and Ashton II CDD shall each be responsible for the construction, installation, maintenance, operation and repair of any and all roadways located on the Ashton CDD Property and Ashton II CDD Property, respectively. Notwithstanding the foregoing, the actual costs associated with the maintenance and operation of the roadways within Ashton CDD and Ashton II CDD (collectively, "Roadway Costs") that have been incurred and paid shall be prorated between Ashton CDD and Ashton II CDD based on the number of l"lo;aomg l!tftoi.ts :fef Wi½iM@i§e•s ef eee aaYe'eeofl issue ineach of Ashton CDD and
Ashton II CDD as ofDeem-nl!11=t.J4q of each year. --/? /qf-f/,4JA "e.-iu,"'
/
Assessments. This Agreement shall in no way subject the Ashton Residents to the assessments of Ashton II CDD, except as expressly set forth herein. Similarly, this Agreement shall in no way subject the Ashton II Residents to the assessments of Ashton CDD.

Warranty of Authority.

Ashton CDD's Warranty. Ashton CDD hereby warrants that Ashton CDD is the fee simple owner of the Ashton CDD Property and that Ashton CDD has full power and authority to enter into and perform its obligations under this Agreement.

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3

Ashton II CDD's Warranty. Ashton II CDD herebywarrants that Ashton II CDD is the fee simple owner of the Ashton II CDD Property and that Ashton II CDD has full power and authority to enter into and perform its obligations under this Agreement.

Notices. All notices, demands, approvals,requests andothercommunicationrequired or permitted hereunder shall be in writing and shall be deemed to be delivered and received upon the earlier of (i) actual receipt; (ii) receipt of written confirmation if transmitted by facsimile; (iii) one day following its deposit with an overnight courier; or (iv) the third day following its deposit in a regularly maintained receptacle for the United States Mail, as registered or certified mail, return receipt requested, postage fully prepaid, addressed to the addressee at its address set forth below, or at such other address as such addressee may have specified by notice delivered in accordance with this paragraph and actually received by the addressee:

Ifto Ashton CDD:	Lake Ashton Community Development District
210 North University Drive, Suite 800
Coral Springs, Florida 33071
Phone: (954) 753-0380
Facsimile:   (954) 796-0623

If to Ashton II CDD: Lake Ashton II Community Development District
210 North University Drive, Suite 800
Coral Springs, Florida 33071
Phone: (954) 753-0380
Facsimile:  (954) 796-0623

Severability. A determination that any provision of this .Agreement is unenforceable or invalid shall not affect the enforceability or validity of any other provision, and any determination that the application of any provision of this Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other person or circumstances.

No Waiver. No waiver of any provision of this Agreement shall be effective, unless it is in writing signed by the party against whom it is asserted, and any such waiver shall only be applicable to the specific incident to which it relates and shall not be deemed to be a continuing or future waiver.

Entire Agreement and Modifications. This Agreement constitutes the entire understanding and agreement between the parties and shall not be changed, altered or modified, except by an instrument in writing signed by the party against whom enforcement of such charge would be sought. In the event any terms or provision of this Agreement would be determined by competent judicial authority to be illegal or otherwise invalid, such provision shall be given its

J:\CENTURY\LAKE ASHTON DEV GRP Il\INTERLOCAL AGREEMENT 100405 MS.DOC
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nearest legal meaning or shall be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed as being in full force and effect. This Agreement shall not be modified and any purported modification hereof shall not be effective, unless in writing and signed by the party to be charged, and properly executed with the same formality as this Agreement.

Interpretation. All parties to this Agreement have had significant and equal input in its drafting and preparation. No presumption shall arise that one or the other had any greater role in such drafting and that thereby this Agreement shall be interpreted against such party.

Execution. This Agreement may be signed in counterparts, each of which, take together, shall be deemed an original hereof.

Binding Effect. This Agreement shall be binding upon the parties and their respective successors and assigns.

Effective Date. The Effective Date of this Agreement shall be the date upon which the last of the parties hereto executes this Agreement.

Governing Law; Venue. This Agreement shall be interpreted and enforced under the laws of the State of Florida without application of Florida conflict oflaw principles. fu the event it shall be necessary for either party to bring suit to enforce any provision hereof or for damages on account of any breach of this Agreement the suit shall be filed in Polk County, Florida.

[SIGNATURE PAGES TO FOLLOW]

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IN WITNESS WHEREOF, the parties have made and executed this Agreement effective as of the day and year written below.

LAKE ASHTON IT COMMUNITY

DEVELOPMENT DISTRICT, a local unit of special-purpose government	/	/

By:	-
Mark Sc eiber, Its Chairman of the Board of Supervisors
Date:   I J. jo(p
I	1
STATE OF FLORIDA COUNTY OF POLK
J.g The foregoing instrument was acknowledged before me on this ?,".!f.. dayof'SilrNlf/ftb{	,

Notary Public State of Florida Robert Frank Fernandez
My Comm1ss1on 00492423
Expires 11/2_0/_?q99

20 ,. by Mark Schreiber, as Chairman of the Board of Supervisors of Lake Ashton IT Community Development District, a local unit of special-purpose government. He is personally known to me or did produce 	as identification.

[ADDITIONAL SIGNATURE PAGE TO FOLLOW]

J:\CENTURY\LAKE AsHTON DEV GR.P Il\INTERLOCALAGREEMENT100405 MS.DOC
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Print Name:	 	-.,- Owe..J..J

LAKE  ASHTON  COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special-purpose government

'ftp%	-i)- --

6 I It. 0.A- By: -----tlli -=--1-- ""'--11:::.o----
Nai	.	Mark S	eiber, Its	hainnan
of the Board of Supervisors
Date:---(,I---l-o---.,----------
STATE OF FLORIDA COUNTY OF POLK
I.a?   The foregoing instrument was acknowledged before me on this 3   ayof :flWr.JkiJ.{    , 20QK, by Mark Schreiber, as Chairman of the Board of Supervisors of Lake Ashton Community Development District, a local unit of special-purpose government. He is personally known to me or did produce 	as identification.

Notary Public State of Florida
Robert Frank Fernandez My Cornm1ss1on 00492423 Expires 11/20/2009

. Print: Ko/JQ:1	i'	ANll62. Commission No.: l>P'ffZ'fZ Commission Expires: IIr/U, J/1'11

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7

EXHIBIT LIST:

Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G"

Legal Description of External Boundaries of Ashton CDD Legal Description of External Boundaries of Ashton II CDD Depiction of Ashton CDD
Depiction of Ashton II CDD Roadways of Ashton CDD Roadways of Ashton II CDD
Roadway connections between Ashton CDD and Ashton II CDD

EXHIBIT "A"

LEGAL DESCRIPTION OF EXTERNAL BOUNDARIES OF ASHTON CDD

(Per City of Lake Wales Ordinance 2000-11)
Tract 1

◄

Thatpart of Secticns 1a and 11. Townshjp 29 South Range 27 east. Pork County. FJorida. being more particularly described as follows Commence at11,e Northea,t Ccmer af the SE 1/4 of tai SeetiiOn 1I; the:nce Sou:tn 00•19• .55n Weit along the East Scundaiy of uid SE 1/4 a disiance of  ·0,.00 feet to th• Pcl:nt cf  legiMing: thence continue South 00•1r 55" West along a:aid iaat boundary 2606.70 feet tc the Southeast ccmer of said S1c.tion 18; thence Scuth 00•23•· 481( W11t along the East boundary of said Sedlcn 19 a di,tsnce

◄

ao

of !08.00 feet mere Cf Jes1t to lhe watara edg• of Lake Myrtle: thence m11,nder w,sterly	• arcng sa1d waters adge !280.00 feet more er fHt, &o their Jnt1rsettten with lh1 Scutt, boundary of the Soutnwest 1/4 of Hid Stctlo:n 18, thtn:ee North s9•4655,. Westarong u1a Scuth boundary 1Sa5, 00 feet1 mor-t or Inc, to tha Southwest corner of tala Sec,lon 11: the"" North 0o• e•4r East 1l0n; the West boundary.of ■aid Sactlcn 18, a diltlnce at 19SSJ7 feet; thene.a South 1&•sa•42tt Eaat 1331.411 feet: thence Ncrtl'l 00'41"31w Eut
817 feet to a point cn the Southerly dgl\t-of•WIY boundary· of State Roacf 540A extension (Thom scn Nurt,iryRaad):th.-,c1South as•59'58" E•-•t alongsald right...of..way bouncfary paraUeI Wtth the Narlh bcunda,y cf the South %-cf said Section 1,8 a otatan:e of 1330.13 feet: thence Sol.rt., 00"3411B" West 8'0ng sa;d right•Of"'Wly boundary 10.00 feet: thence South ss•sej59" East e!ong 11id right-of...way tic;undary 1330.15 feet thence North 00.,271611 East alcng said right-¢f-way'boundary 1o.oo fHt   thence South se•sa·!9    East
along .ufdright.,Qf-way :boundary 1330.13 feet to the sard Point cf Beginning.

Tr,act2
The following des.eribed pro_perty. Less ANO EXCEPT Tract 1 above described. ta-wit: · The South½ of Sec on 18. Townshlp 29 Scuth. Range 2·1 East. Polk County; Florida
LESS th• North ½ of the N0nhwe1t 1/4 0f the Soutrrwest 1/4 and LESS the N:erth 40..00 feet of sa d South½ of Seetion 18 aM the South ,o.oo feet of the North SO.CO feet of the Nonhwest 114 c.f the Southeast 1/4 for S..540.A exwnafon. and LESS marntained rlght•of•
way;
ANO:
The East K  of the Horth 11, ANO the Eatt 8OO.CO  feet of the   ortheast 1◄1  of 1he

◄

Northwest 114 AND the West 3/4 af the Southeast 114,of the Northeast 1/1. AND th• Ent
¼ of the Southwes! 1/4 ot tht Nottheut 1/4 AND the eut 'K of the Northwe.,t 1/  of the
SoJJlhlUt 1/4 ANO the Weat % cf the Ncrthe11·t 1/4 of the $Quthea,t 1/4 ANO the East
137.90 feet of th• Northwest 114 of the Ncf1hwe1l 1/4 of the Sou-th ut 1/4 AND the East
137.90 feet of the West% cf the Southwe1t 1.14 ol lhe Northeast 1l4. all in Section 19.
Township 29 South. Ranse 27 East fQlk County. Florida;
That part :of the above described property located in Sect.ion 18. Township 29 SoU1h.
Ra,,ge 27 East, being a part of government 1ot13, '· & S: that part of the a ovt-deteri d	, property located in Sedion-19. Town1h;, 29 Sou1h. Range 27 East, bqfn a pa,-n of govemment.lots 1.,,2.5. and 6.	·

Tract3
Th• North % of the Northwest 1◄/   of the Southwest 114 LESS the North 40 fHt  for taad
tiQh1-cf-way in S•etion  tS Tcwns hl1p  29 Scuth, Ran;, 27 East.
Tract4
The WNt % of the Scuthwtlt 1/ of the· Northtllt 1/4, L..ESS the east 131;90 feet. ANO the NorthWett 1/4 of lht Ncrthwut 114 of the Scuth•ut 114. LESS the ·137.10 fut. AND · The North	of the Nctthw1st 1/.t LSSS ·the E11t 500 00 f11t. AND the South M of the NorthWHt 1/4, all .being Section 191 Township 29 Souih, Range 27 Eaat, Palk County_. Florida,.

AND:

Phase 5 (Per City of Lake Wales Ordinance 2002-06):

The Northwest 1/4 of the Southwest 1/4 of Section 19, Township 29 South, Range 27 East, Polk County, Florida.
Phase 6 (Per City of Lake Wales Ordinance 2005-11):

The Southwest 1/4 of the Southwest 1/4 of Section 19, Town hip 29 South, Range 27 East, Polk County, Florida.

EXHIBIT "B"

LEGAL DESCRIPTION OF EXTERNAL BOUNDARIES OF ASHTON II CDD

(Per Board of County Commissioners of Polk County, Florida Ordinance No. 2005-006)

Parcel 1:

Parcel Identification Number: 242926/000000/013010

The NW ¼ of the NE ¼, less the West 121 feet thereof, in Section 24, Township 29 South, Range 26 East, Polk County, Florida.

Parcel 2:

Parcel Identification Number: 242926/000000/032010

The SE ¼ of the NW ¼, less the North 200 feet thereof, in Section 24, Township 29 South, Range 26 East, Polk County, Florida.

Parcel 3:

Parcel Identification Number: 242926/000000/011000

The East ½, less the NW ¼ of NE ¼ and NE ¼ of SW ¼ and SE ¼ of SW ¼, lying East of Highway, in Section 24, Township 29 South, Range 26 East, Polk County, Florida.

Parcel 4:

Parcel Identification Number: 252926/000000/011020

The North 365 feet of the North½ of NE¼ and North 365 feet of NE¼ of NW¼, lying East of State Road 653, in Section 25, Township 29 South, Range 26 East, Polk County, Florida.

"Stokes Property"

Parcel Identification Number: 242926/000000/043010

The W ½ of the SW ¼ lying East of Road, in Section 24, Township 29 South, Range 26 East, Polk County, Florida.
AND

"Additional Davis Property" (Board of County Commissioners of Polk County, Florida Ordinance No. 2005-042)

The NE¼ of the NW¼ LESS that part lying North of Lake Hart; AND the West 121 feet of the NW ¼ of the NE ¼; AND the North 200 feet of the SE ¼ of the NW ¼; all in Section 24, Township 29 South, Range 26 East

EXHIBIT "C"

DEPICTION OF DEPICTION OF ASHTON CDD

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EXHIBIT "D" DEPICTION OF ASHTON II CDD

EXHIBIT "E" ROADWAYS OF ASHTON CDD

ROADS TUfu'IBERRY L'l STRATHMORE DR WATERFORD DR TROONLN ABERDEEN L'l BERWICKDR ASHTON CLUB DR LAKE ASHTON BLVD
:MUIR.FIELD LOOP GULLANEDR DORNOCHDR ASHTON PALMS DR SABLE LOOP DR ROEBELE.""ilDR COCONUTDR MACARTHUR PALMS TRALEEDR BIRKDALEDR DUNMOREDR LIMERICKDR LITCHFIELD LOOP BL<\CK1vIOOR LN VENTANA L.'i HEATHLAND LN STONE CREEK LOOP

LAKE ASHTON COivIMUNITY DEVELOPMENT DISTRICT 1

EXHIBIT "F" ROADWAYS OF ASHTON II CDD

\	(/

ASI-ITON CLUB oo·

LA.KE ASHTON CO?vllvIUNITY DEVELOPMENT DISTRICT 2

ROADS WINGED FOOT LN GREENDR HOGANLN SNEADDR NICKLAUS DR MULLIGAN  LANE
PEBBLE BEACH BLVD TORREY PINES LN BACKNINEDR PHOENICIAN WAY

EXHIBIT "G"
ROADWAY CONNECTIONS BETWEEN ASHTON CDD AND ASHTON II CDD

\YTONRDl
rPOIITTE AVE
!
-ci.oveROAl..E RO:=J

RUTLEOGEC1'

 	

l.oxeUart

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HO.GA/NLlN·  l

]

R.OAD MlJLLIGA.i LN DUNMORE DR STONE CREEK LOOP PHOENICIAN WAY

LAKE ASHTON Co:tvThHJNITY DEVELOPMENT DISTRICTS 1 AN""D .2