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RESOLUTION 2015-8

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MOODY RIVER ESTATES COMMUNITY DEVELOPMENT DISTRICT ADOPTING A POLICY REGARDING RECREATIONAL ACTIVITIES ON DISTRICT PONDS; PROVIDING TRESPASS ENFORCEMENT AUTHORITY; AUTHORIZING THE ISSUANCE OF A LETTER REGARDING THE SAME; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Moody River Estates Community Development District (the “District”) was established pursuant to the Uniform Community Development District Act of 1980, codified as Chapter 190, Florida Statutes, as amended (the “Act”) for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure improvements within or without the boundary of the District; and

WHEREAS, in accordance with the Act, the District owns, operates and maintains certain stormwater management facilities within the District, including but not limited to stormwater management ponds (collectively, the “Ponds”); and

WHEREAS, the District desires to adopt a formal policy (the “Policy”) prohibiting boating, swimming, fishing and other recreational activities within the Ponds for any purposes other than for maintenance or repair of such Ponds; and

WHEREAS, the District desires to secure the assistance of the Lee County Sheriff s Office or such other law enforcement agencies as may be available, to prevent trespassing on District property in contravention of the Policy.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MOODY RIVER ESTATES COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. ADOPTION OF POLICY REGARDING RECREATIONAL ACTIVITIES WITHIN DISTRICT PONDS. The Board hereby adopts the policy attached hereto as Exhibit A prohibiting recreational activities, including but not limited to boating, swimming, fishing, and any other recreational activities, within the Ponds for any purposes other than for maintenance or repair of such Ponds.

SECTION 2. AUTHORITY REGARDING ENFORCEMENT OF TRESPASS LAWS; FORM OF TRESPASS LETTER. The Board hereby acknowledges that District Staff, including the District’s Managers – Chuck Adams and Cleo Crismond of Wrathell, Hunt, and Associates, LLC – and any of the staff or representatives of the foregoing, have the authority to act on behalf of the District with respect to the enforcement of the District’s rules and policies, including but not limited to taking any actions necessary to the enforcement and/or prosecution of a trespass violation on behalf of the District and pursuant to Florida law. In addition, the Board hereby authorizes the District Manager to issue to the District’s residents and to the Lee County Sherriff’s Office a copy of this resolution and the attached trespass letter – substantially in the form attached as Exhibit B – providing authorization with respect to the enforcement of trespass laws as they relate to the District’s prohibition of recreational activities within the Ponds.

SECTION 3. GENERAL AUTHORIZATION. The Chairman, members of the Board of Supervisors and District staff are hereby generally authorized, upon the adoption of this Resolution, to do all acts and things required of them by this Resolution or desirable or consistent with the requirements or intent hereof.

SECTION 4. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption.

PASSED AND ADOPTED on the 21 day of May 2015.

ATTEST: Chuck Adams, Secretary

MOODY RIVER ESTATES COMMUNITY DEVELOPMENT DISTRICT: [illegible] Chairman, Board of Supervisors