RIVERBEND HOMEOWNERS ASSOCIATION



HRA [pic]

RiverBend Homeowners Association

1031 RiverBend Drive

LaBelle, Florida 33935

| Steve Nisbet |Randy Daniels |Mark Henderson |Kevin Nelson |Richard Yoraschek |

|President |Vice President |Secretary |Treasurer |Director |

|(863) 612-0385 Home |(863) 675-0101 Home |(863) 612-0340 |(863) 675-0324 Home |(863) 675-3157 Home |

|(863) 612-0333 Office | | | | |

|(863) 885-1515 Cell |E-mail: |Email: |E-mail: |E-mail: |

|E-mail: |RDKD9979@ |swflefejd@ |RKN246@ |RGVY@ |

|flbigmac@ | | | | |

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September 30, 2008

To: SFWMD

Attention: Bijaya Kattel and Philip Flood

From: Riverbend Homeowners’ Association

Issues involving the proposed LaBelle Eco Park

Riverbend expressed concerns about many issues when the Park was proposed to the park committee and to the LaBelle City Commission. Some of those issues included use of our private road, gate access, liability, security, ongoing maintenance, fire safety. Many of these issues were briefly discussed, but nothing has been formally agreed to between the City of LaBelle, Riverbend HOA or SFWMD.

1. Riverbend Homeowners’ Association has a right of way easement for the paved access road to Riverbend Estates. (Riverbend owns and maintains the road and the property to either side of the road along the easement). While the proposed park entrance may not be through the paved road (although it will go through the Riverbend owned and maintained entrance gate), the entire 176 acres is being proposed for use as a public space. There will be nothing to prevent people from crossing over the road or using the road if they wish. The concern is: How will our association be protected from lawsuits involving injury or other issues that may arise from the public use of this private road? Who will pay for the additional wear and tear on the road and road maintenance? And if we, as an association are to incur higher liability insurance rates, who will assume responsibility for those increased costs?

2. Will the city or the committee assume responsibility for repairs to our entrance gate if a park user chooses to drive through or damage the gate?

3. Will the city or the committee provide as assurance bond to pay for any damage to the road bed itself by park users?

4. How will the city or the committee provide security in the park to insure that park patrons do not abuse their privileges in a way that will threaten Riverbend residents or homes? Specifically from fire damage. A misplaced match or cigarette could cause extensive damage because of excess undergrowth that has never been cleaned up.

5. How does the city or the committee plan to fund the ongoing maintenance that will be required now and in the long range future?

6. Are the governmental agencies that have expressed vocal support for this project been asked to provide written commitments that will assure that they follow up on their promises?

7. Who can we call upon for relief if the above promises are not kept? In other words, after all promises are made, who is going to be responsible for assuring that the promises are kept?

8. When our Association was negotiating with Sunshine Land Development for access rights to their property, the South Florida Water Management attorneys required the 100% of Riverbend owners agree (in writing) that it was okay for SFWMD to grant that additional access to Sunshine. Why is this different? Will SFWMD apply different standards to the request by this committee to use our easement than the standards that were required for the last approval?

Before any final plans are authorized and before construction begins, Riverbend Homeowners’ Association would like to resolve all of the issues above in writing so there will not be future problems that could have been averted by proper up front negotiations. We also feel it is imperative that we get an answer on number 8 above from SFWMD.

The next meeting of the Riverbend Homeowners’ Association Board of Directors is scheduled for Monday October 6 at 6:30 PM in the Association Clubhouse. If you would like to attend this meeting to update us on these issues, please notify me.

I await your response.

Sincerely,

Steven A. Nisbet

President

Riverbend Homeowners’ Association

c.c. Mayor Paul Puletti

Craig Bartoshuk

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