Section 1 – "ASSOCIATION"

Section 2 – "COMMON ELEMENTS"

Section 3 – "COUNTRY CLUB"

Section 4 – "DECLARANT" or "DEVELOPER"

Section 5 – "PARCEL"

Section 6 – "MAINTENANCE"

Section 7 – "MEMBER"

Section 8 – "MORTGAGE"

Section 9 – "MORTGAGEE"

Section 10 – "OWNER"

Section 11 - "PLANNED DEVEVEOPMENT"

Section 12 - "SOCIAL MEMBERSHIP AND GOLF CLUB MEMBERSHIP"

Section 13 - "Singular & Plural" "Masculine & Feminine"

Section 14 – "Tract B"

Section 1 – Membership

Section 2 – Voting Rights

Section 3 – Management

Section 4 – Social & Golf Club Memberships

Section 1 – Lien & Personal Obligation

Section 2 – Purpose of Annual Assessments

Section 3 – for Capital Improvements

Section 4 – for Tract B

Section 5 – for Repairs to Common Elements

Section 6 – for Enforcement

Section 7 – Notice & Quorum

Section 8 – Uniform Rate of Assessment

Section 9 – Commencement & Collection

Section 10 – Nonpayment of Assessments

Section 11 – Subordination to Mortgage

Section 1 – Easements

Section 2 – No Partition

Section 1 – Enforcement

Section 2 – Severability

Section 3 – Amendments

Section 4 – Subordination

Section 5 – Architectural Control

Section 6 – Amendment & Modifications by Declarant

Section 7 – Inconsistency

Section 8 – Duration

WHEREAS, SEMINOLE LAKES, INC., a Florida corporation, hereinafter sometimes called "Declarant," is the owner in fee simple of certain real property situate in Charlotte County, Florida, as more particularly described on the Plat of Seminole Lakes, Phase 1, as recorded in Plat Book 17, Pages 5A thru 5H, of The Public Records of Charlotte County, Florida, hereinafter called the Plat, as well as adjacent property which may constitute the second phase of Seminole Lakes.

AND, WHEREAS, there have been previously filed restrictions of record on the afore-described property;

AND, WHEREAS, it is the intent of the aforesaid Declarant, to develop certain real property, consisting of Phase I, as hereinabove described, as well as certain adjacent properties into a phased planned development.

AND, WHEREAS, it is the desire of Declarant, that uniform, restrictive covenants and restrictions upon the use and type of buildings and development of the above-described property be set forth herewith.

NOW, THEREFORE, for the purpose of enhancing and protecting the value, attractiveness and desirability of the parcels constituting such development, Declarant hereby declares that all the real property described above and each part thereof shall be developed as a phased planned development and shall be held, sold and conveyed after platting only subject to the following easements, covenants, conditions and restrictions which shall constitute covenants running: with the land and shall be binding on all parties having any right, title or interest in the above described property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Further, except as stated herein, the aforementioned Restrictions of record heretofore filed are terminated and cancelled with respect to the property described above and are superseded by the following covenants, conditions and restrictions:

DEFINITIONS

SECTION 1 – "ASSOCIATION" – Shall mean and refer to the Seminole Lakes Property Owners Association, Inc., a Florida non-profit corporation, its successors and assigns. The Articles of Incorporation of such Association are attached hereto as Exhibit A. The Bylaws for the Association are attached hereto as Exhibit B.

SECTION 2 – "COMMON ELEMENTS" - includes within its meaning the following: (a) all real property including, but not limited to, private roads and recreational amenities, if any, within the development owned by the Association for the common use and enjoyment of the residential parcel owners: (b) the property and installations required for the furnishing of utilities, security and other services to more than one parcel owner or to the common elements; (c) tangible personal property required for the maintenance and operation of the Association even though owned by the Association; and (d) that real property designated on the Plat as Tract B which tract shall be for the common use and enjoyment only by the owners of Lots located on Block E (as described by both phases of Seminole Lakes). Specifically excluded are those parcels within the property but defined below as part of the Country Club.

SECTION 3 - "COUNTRY CLUB" - shall mean and refer to the entity or entities owning the clubhouse and golf course adjacent to the property, and their successors and assigns, and where the context so requires shall mean the property or properties owned and operated by the Country Club including without limitation, the golf course, clubhouse, swimming pool and tennis courts and those properties designated on the Plat as Tracts C, D, E, F, G, H and I and the lakes contained within said Tracts.

SECTION 4 - "DECLARANT'" or "DEVELOPER" - shall mean SEMINOLE LAKES, INC., a Florida corporation, its successors and assigns, provided such successors or assigns acquired more than one undeveloped parcel from Declarant/Developer for the purpose of development.

SECTION 5 - "PARCEL" - shall mean the legal description of a lot or tract and appurtenances thereto, including driveway and patio.

SECTION 6 - "MAINTENANCE" - shall mean the exercise of reasonable care to keep tile roads, landscaping, storm water maintenance system, lawns, lakes, lighting and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally acceptable garden management practices necessary to promote a healthy environment for optimum plant growth.

SECTI0N 7 - "MEMBER" - shall mean every person or entity who holds membership in the Association.

SECTION 8 - "MORTGAGE" - shall mean an institutional mortgage or a deed of trust.

SECTION 9 – "MORTGAGEE" – shall mean a holder of an institutional first mortgage or a beneficiary under or holder of a deed of trust.

SECTION 10 – "OWNER" – shall mean the record owner, whether one or more persons or entities, of a fee simple title to any parcel which is a part of the planned development, but shall not include those holding title merely as security for performance of an obligation.

SECTION 11 - "PLANNED DEVEVEOPMENT" - shall mean the real property as set forth on the Plat and the development of the said property and adjacent properties to be described in the second phase of Seminole Lakes for Country Club and residential use under a homeowners' association for the purpose of enhancing and protecting the value, attractiveness and desirability of the parcels comprising such development.

SECTION 12 - "SOCIAL MEMBERSHIP AND GOLF CLUB MEMBERSHIP" - shall mean those rights available to be purchased by all owners to the recreational and social amenities of the clubhouse and golf course.

SECTION 13 - Unless otherwise clearly indicated, words in the singular or plural shall include the plural and singular respectively, where they would so apply. Words in the masculine or neuter gender shall include the feminine, masculine or neuter gender where applicable.

SECTION 14 - "TRACT B" - That tract designated as Tract B on the Platt which tract consists of a lake approximately twenty (20) acres in size and that land surrounding the lake.

MEMBERSHIP AND ASSOCIATION; VOTING RIGHTS

SECTION 1 - Membership. Every person who has an interest in any parcel, which is subjected by this Declaration to assessment by the Association, shall be a member of the Association.

SECTION 2 - Voting Rights. The Association shall have two classes of voting membership.

Class B: The Class B member shall be the Declarant, its successors and assigns. The Class B member shall be entitled to five (5) votes for each unsold parcel, whether or not constructed, provided that when seventy-five percent (75%) eighty percent (80%) of the parcels in both phases have been sold by Declarant, the Class B membership shall cease and be converted to Class A membership, including all parcels held by Declarant if Declarant shall decide to retain ownership of any parcels. Amendment to Covenants recorded 8-14-92

SECTION 3 – Management. The affairs of the Association shall be managed by a Board of Directors. The first Board of Directors shall consist of, four (4) Directors, and thereafter, the membership of the board shall consist of at least three (3) but not more than five (5) Directors. The Developer shall have the right to designate the membership of the initial Board of Directors. Parcel owners other than the Developer will be allowed to elect the majority of the members of the Board of Directors, and thus control the Association at whichever of the following shall first occur:

(a) No later than six (6) months after the developer has sold eighty percent (80%)(rounded) of all parcels in both phases.

(b) When the Declarant has sold some of the parcels, and none of the other parcels in either phase are held by the Declarant for sale in the ordinary course of business,

(c) The Declarant elects, in its sole discretion, to turn over control of the Association.

SECTION 4 - SOCIAL MEMBERSHIP AND GOLF CLUB MEMBERSHIP - Every person who has a fee simple ownership interest in any parcel in either phase shall have the right at any time to purchase a Social Membership and/or a Golf Club Membership.

ASSESSMENTS

SECTION 1 - LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS - Declarant hereby covenants for each parcel within the planned development and each owner of a parcel is hereby deemed to covenant by acceptance of his deed for such parcel, whether or not it shall be so expressed in his deed, to pay to the Association or to the Country Club as the case may be (a) annual assessments, (b) special assessments for capital improvements including, but not limited to, a private road within the development, (c) special assessments for repairs to common elements, (d) assessments for enforcement of these covenants, conditions and restrictions to the extent necessary, and (e) assessments for the costs of a Social Membership to the Country Club. Owners of lots on Block E (as constituted upon the completion of both phases) shall be obligated to pay to the Association assessments for Tract B. Such assessments will be established and collected as hereinafter provided. The assessments together with interest, costs and reasonable attorneys fees shall be a charge on the land and a continuing lien on each parcel against which such an assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person or persons who own the parcel at the time the assessment falls due and shall be an obligation of the successor in title in the event such assessments are not paid upon transfer of title; subject to the exception of a mortgage through foreclosure proceedings.

SECTION 2 – PURPOSE OF ANNUAL ASSESSMENTS – Annual assessments levied by the Association shall be used exclusively to promote the health, safety, welfare and recreation of the residents in the planned development improvement and maintenance of the common elements situate within the planned development. Annual assessments shall include and the Association shall acquire and pay for out of the funds derived from annual assessments, the following:

(g) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the common elements for the benefit of parcel owners or, the enforcement of these restrictions.

SECTION 3 - SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS – In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement on the common elements, including fixtures and personal property related thereto. Any Such assessment must be approved by a majority vote of the members constituting a quorum at the meeting.

SECTION 4 - ASSESSMENTS FOR TRACT B - The assessments for Tract B levied by the Association shall be used exclusively for the improvement and maintenance of said Tract. These assessments shall include and the Association shall acquire and pay for out of such funds the following: 

D. Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the common elements for the benefit of parcel owners or the enforcement of these restrictions.

SECTION 5 - SPECIAL ASSESSMENTS FOR REPAIRS TO T0 COMMON ELEMENTS - In the event any portion of the common elements including, but not limited to, private roads within the development, are damaged as a result of improvements made to or construction upon a parcel, the Association shall levy an assessment applicable to that parcel only for the purpose or providing for the repair, replacement or reconstruction of the damaged portion of the common elements. Any such assessment may be levied by a majority vote of the Board or Directors of the Association. Further, by acceptance of ownership of a parcel, all owners agree that no Certificate of Occupancy shall issue from the applicable governmental authority until any damages contemplated herein to common elements have been repaired, replaced or reconstructed to the reasonable satisfaction of the Association.

SECTION 6 - ASSESSMENTS FOR ENFORCEMENT – In the event the Association is required to expend any sum to enforce these restrictions or to perform the duties of any owner pursuant to these restrictions based upon the non-performance of said duties by an owner, the Association may assess said costs against the owner.

SECTION 7 - NOTICE AND QUORUM FOR ACTION AUTHORIZED UNDER SECTIONS 2, 3 and 4 - Written notice of any meeting called for the purpose of taking any action authorized by Sections 2, 3 and 4 of this Article III shall be sent to all members not less than fifteen (15) nor more than sixty (60) days in advance of such meeting. A quorum for the transaction of business at any Association meeting shall constitute the number of members representing a majority of the then outstanding voting shares of both phases, and the Association members present at any meeting with less than a quorum may adjourn the meeting to a future time.

SECTION 8 - UNIFORM RATE OF ASSESSMENT - Annual, special assessments for capital improvements and Social Membership Assessments shall be fixed at a uniform rate for all parcels.

SECTION 9 - COMMENCEMENT AND COLLECTION OF ANNUAL ASSESSMENTS - The annual assessments provided for herein shall commence upon the closing of each individual parcel. The first payment of which shall be made the first day of the month in which assessments are to be collected following the closing of each individual parcel. The Board of Directors shall fix the amount of the annual assessment against each parcel at least thirty (30) days in advance of the due date thereof and shall fix the dates such amounts become due. Assessments shall be made payable monthly. Notice of the annual assessments shall be sent to every owner subject thereto. The Association shall, on demand, and for a reasonable charge, furnish a certificate signed by officer of the Association setting forth whether the assessments against the specific parcel have been paid, and may, in their discretion, cause to be recorded in the Public Records of Charlotte County, Florida, a list of delinquent assessments as of that date.

SECTION 10 - COMMENCEMENT AND COLLECTION OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION AND COUNTRY CLUB - Any assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest from the due date at the highest legal rate. The Association or the Country Club may bring action at law against the owner personally obligated to pay the some, or may foreclose the lien against the property. No owner may waive or otherwise escape liability of the assessments provided for herein by non-use of the common elements, the clubhouse or abandonment of such owner’s parcel.

SECTION 11 - SUBORDINATION OF ASSESSMENT LIEN TO MORTGAGE - All assessment liens provided for herein shall be subordinate to the lien of any institutional first mortgage. A sale or transfer of any parcel shall not affect the assessment lien, however, the sale or transfer of any parcel pursuant to a mortgage foreclosure or any proceedings in lieu thereof shall extinguish the assessment lien as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such a parcel from liability for an assessments thereafter becoming due or from the lien thereof.

PROPERTY RIGHTS

SECTION 1 - EASEMENTS

(a) Easements for installation and maintenance of utilities and drainage and irrigation facilities as are required for the planned development shall be granted by Declarant and joined in, if required, by the Association. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement area of each parcel and all improvements therein shall be continuously maintained as set forth below, except for improvements for maintenance of which a public authority or utility company is responsible. However, the Association shall be responsible for the maintenance of the storm water maintenance system throughout the property including, but not limited to, any portion of the system located on an individual parcel.

(b) No home or other structure of any kind shall be built, erected or maintained on any such easement, reservation or right of way, and such easements, reservations and rights of way shall, at all times, be open an accessible to public and quasi public utility corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under and above such locations to carry out any of the purposes for which such easements, reservations and rights of way are reserved.

(c) Right of Entry - The Association through its duly authorized employees and contractors, will have the right after reasonable notice to the owners thereof, to enter upon any parcel at any reasonable hour of any day to perform such maintenance as may be authorized thereon or to correct the failure of an owner to comply with these covenants, conditions and restrictions. Any such entry shall not be deemed a trespass.

Said easements shall commence and encumber a particular lot only as of the date said parcel has been deeded out by the Declarant to a member (other than a member who is a successor or assign as provided in Article 1, Section 4 of this Declaration) and said deed is recorded in the Public Records of Charlotte County, Florida.

SECTION 2 - NO PARTITION - There shall be no judicial partition of the common elements, nor shall Declarant or any owner or any other person acquiring any interest in the planned development or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any parcel owned in co-tenancy.

USE RESTRICTIONS

The planned development shall be occupied and used only as follows:

SECTION 1 - The property shall be used and occupied for the following purposes:

C. Tract A shall be used for residential or commercial purposes at the discretion of Declarant. Further, all parcels shall be subject to Resolution No. 1026-9L, dated the 21st day of August, 1991, between the Declarant and the City of Punta Gorda, Florida, a copy of which is attached hereto as Exhibit C and made a part hereof.

SECTION 2 - There shall be no golf carts, recreational vehicles, trucks (including pickup trucks) or boats parked upon any of the parcels and/or the common elements unless said recreational vehicles, trucks or boats are parked in an enclosed area and concealed from public view. Further, no motorized vehicles of any kind shall be parked on any of the common elements, Tract B or roadways except for purposes of loading or unloading. This section shall not apply to the golf course owner and related golf carts and equipment.

SECTION 3 – No business of any kind shall be conducted in any residence with the exception of the business of Declarant and the transferees of Declarant in developing all of the parcels as provided below. However, certain residences may, at the option of Declarant, be utilized as model homes for contractors building homes within the property and as a welcome center.

SECTION 4 - No noxious or offensive activity shall be carried on in any parcel with the exception of the business of the Declarant and the transferees of Declarant in developing all of the parcels as provided below.

SECTION 5 – No sign of any kind, including, without limitation real estate signs, shall be displayed for public view on a parcel or the common elements, without the prior written consent of the Association. This provision shall not be applicable to Declarant who may maintain signs for promotional purposes, including real estate signs.

SECTION 6 - Nothing shall be done or kept on a parcel or on a common element which would increase the rate of insurance relating thereto without the prior written consent of the Association, and no owner shall permit anything to be done or kept in his parcel or the common elements which would result in the cancellation of insurance on any residence or any part of the common elements, or which would be in violation of any law.

SECTION 7 - No animals, livestock or poultry of any kind shall be raised, bred or kept on any parcel, or on the common elements; however, dogs, cats and other household pets may be kept in a home subject to such rules and regulations as may be adopted by the Association so long as they are not kept, bred or maintained for commercial purposes. No animal, bird or reptile shall be kept in such a manner as to constitute or create a nuisance.

SECTION 8 - No rubbish, trash, garbage or waste materials, garbage or trash containers, water pumps, oil tanks or bottle gas tanks shall be kept or permitted on any parcel, or on the common elements, except in walled in or landscaped areas located in appropriate areas and concealed from public view. In order to effect the intent of this provision garage doors shall be kept closed at all times except when actually being used to allow entry or departure from the garage. However, this provision shall not be construed to disallow the use of a roll up screen enclosure on a garage door so long as such enclosure reasonably conceals the interior of the garage from a view from the street.

SECTION 9 - No hedge over four (4) feet in height, measured from the ground on which it stands shall be constructed or maintained on any parcel except that the Declarant and the transferees of Declarant may vary or exceed such height in constructing hedges.

SECTION 10 - No fences whatsoever shall be constructed or maintained on any parcel except that the Declarant and the transferees of Declarant may construct fences, without permission of the architectural review committee.

SECTION 11 - No outbuildings, basement, tent, shack, separate garage, trailer, shed, well, motor homes or temporary building of any kind shall be allowed.

SECTION 12 - Nothing shall be altered in, constructed on, or removed from the common elements, except on the written consent of the Association.

SECTION 13 - Clothes hanging devices exterior to a residence shall not be permitted. No exterior solar heating devices, satellite dishes, radio or any electronic antennas or aerials shall be allowed. However, solar heating devices, satellite dishes, antennas or aerials which are installed within the interior of a residence so as to be completely concealed from the public view, such as in attics or garages, shall be permitted.

SECTION 14 - No residence may be rented for a period of less than thirty (30) days or more than twice in any one (1) year.

SECTION 15 - UNDERGROUND UTILITIES & PLUMBING. All utilities, including but not limited to electrical, telephone and cable television shall be installed underground and concealed from public view.

SECTION 16 - Sprinkler System. Underground sprinkler systems shall be installed on each parcel and shall meet environmental and saline standards so that the water from such systems shall not stain the walls, sidewalks or driveways of any residence. AH sprinkler systems shall be installed prior to obtaining a certificate of occupancy. Further, all sprinkler systems shall be installed so as to provide access to the control and timer systems for same to the Association. In the event an owner does not or cannot meet his irrigation and maintenance obligations as set forth below the Association shall have the right to utilize said control systems in order to provide appropriate irrigation to the lawn and landscape of a parcel. In no event shall a well be installed on any residential lot for purposes of irrigation or for any other purpose.

SECTION 17 - Lawn and Parcel Maintenance. All parcels, whether improved or unimproved, shall be mowed, watered, weeded and maintained on a regular basis. No owner shall allow vegetation on an unimproved parcel to grow to a height in excess of six inches (6"). After a parcel has been improved pursuant to the standards set forth below the Association shall be responsible for the mowing, and edging of the lawn only. However, the owner shall be responsible for the proper irrigation of the lawn and landscaping for an improved lot, as well as all other maintenance required to maintain the lawn and landscaping in a manner commensurate with a high quality development. Said maintenance shall include but shall not be limited to fertilizer, mulch, detaching as necessary, weeding, pruning and replacement as necessary of sod, plants, trees, shrubs, flowers and other components of the existing landscape.

SECTION 18 - Notwithstanding anything above to the contrary, Declarant or the transferees of Declarant shall undertake the work of developing all parcels included within the planned development, the completion of that work, and the sale, rental or other disposition of residential parcels as essential to the establishment and welfare of the planned development and ongoing residential Country Club community. In order that such work may be completed and the planned development established as a fully occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to:

(a) Prevent Declarant, DECLARANT transferees, or the employees, contractors, or subcontractors, of Declarant from doing on any part or parts of the planned development or controlled by Declarant or DECLARANT transferees or their representatives, what ever they determine may be reasonably necessary or advisable in connection with the completion of such work.

(b) Prevent Declarant, DECLARANT transferees, or the employees, contractors or subcontractors of Declarant from construction and maintaining on any part or parts of the planned development's property owned or controlled by Declarant, DECLARANT transferees or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the planned development as a residential community and the disposition of parcels by sale, lease or otherwise.

(c) Prevent Declarant, DECLARANT transferees, or the employees, contractors or subcontractors of the Declarant or of Declarant's transferees from conducting on any part or parts of the planned development's property owned or controlled by Declarant or Declarant's transferees or their representatives, the business of completing such work, of establishing the planned development as a residential Country Club community and of disposing of parcels by sale, lease or otherwise.

(d) Prevent Declarant, DECLARANT transferees, or the employees contractors or subcontractors of the Declarant or of Declarant's transferees from maintaining such sign or signs on any of the parcels owned or controlled by only of them, as may be necessary in connection with the sale, lease or other disposition of the planned development’s parcels. As used in this section, the words "its transferees" specifically excludes purchases of parcels improved with completed residences.

SETBACK, MINIMUM SQUARE FOOT AREA, GARAGES AND ROOFS

(a) Setback. All buildings erected or constructed on a parcel shall conform to the following setback limitations:

(1) 15' front and back.

(2) 5' side.

However, swimming pools and screened enclosures for swimming pools shall be allowed within 10' of a rear property line and driveways may be located within 2’ of a side property line. Additionally, wing walls shall not be considered a part of a building for purposes of this section. Notwithstanding said setbacks the Developer reserves the right to grant variances from these setback limitations when said limitations might constitute a hardship upon owner regarding the construction of improvements upon his parcel or lot. Such hardships may include but are not necessarily limited to difficulties in construction or location of an improvement arising out of the size or shape of a lot.

(b) Minimum Square Foot Area. All buildings erected or constructed on a parcel shall contain a minimum of 1,150 square feet of heated and cooled area. Garages, roofed screen porches and the like shall not be taken into account in calculating the minimum square foot area stated above.

(c) Garages. Each residence shall contain, at a minimum, an enclosed garage of sufficient size to allow the parking of two (2) standard size automobiles. Garages shall be constructed so that automobiles may be parked side by side. Carports shall not be allowed.

(d) Roofs. All residences shall have tile roofs. Said tile shall be of high quality commensurate with the purpose to develop the property in order to enhance and protect the value, attractiveness and desirability of the parcels.

The Architectural Review Board, as described below, shall have no power to allow deviations from the provisions of this Article.

OWNERS OBLIGATION TO REPAIR

Each owner shall, at his sole cost and expense, repair his residence, keeping the same in a condition comparable to the condition of such residence and driveway at the time of its initial construction, excepting only normal wear and tear.

OWNERS OBLIGATION TO REBUILD

If all or any part of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof with all due diligence to rebuild or repair and reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within three (3) months after the damage occurs and shall be completed within six (6) months after the damage occurs unless prevented by causes beyond the control of the owner or owners. For purposes of this Declaration, financial inability shall not constitute a cause beyond the control of an owner or owners. An owner's failure to comply with this covenant shall give the Association the right but not the responsibility to accomplish the necessary repair, rebuilding and reconstruction. In that event, the Association shall have a lien upon the parcel for the cost of such repair, rebuilding and reconstruction as set forth in Article III above.

TRACT B

The plat has an area designated as Tract B as hereinbefore defined. The Association shall be responsible for the administration, operation, maintenance, repair and replacement of Tract B.

Automobiles, trucks, motorcycles, inboard or outboard motorboats and motorized or powered vehicles and boats of any size and description shall not be allowed in or on Tract B.

Only the owners of Lots on Block E, (as described by both phases of Seminole Lakes) their guests and invitees shall have Access to or the use of Tract B.

There shall be no additions, removal or cutting of trees, plants or picking of flowers by any owner nor shall any owner be permitted to place on Tract B any permanent fixtures such as buildings, docks, benches, barbeque pits or structures of any kind. Pets shall not be allowed to be destructive within Tract B.

Excepted from the above shall be the equipment and vehicles necessary to maintain Tract B and actions of the maintenance personnel appropriate to the development and maintenance thereof.

Anything to the contrary aforestated notwithstanding, the Declarant reserves unto itself or its nominee the right and privilege to use a portion of Tract B as a sales office, dig wells, install waterlines and underground utilities and to take such other actions and make such other improvements within Tract B as are necessary to utilize the lake (Lake A) within Tract B for purposes of irrigation of the Country Club

THE COUNTRY CLUB

SECTION 1 – Conveyance of Country Club. All persons, including all owners, are hereby advised that no representations or warranties have been or are made by the Developer or any other person or entity with regard to the continuing ownership or operation of the Country Club as same presently exists, and no purported representation or warranty in such regard shall ever be effective without an amendment hereto executed or joined into by the Developer. Further, the ownership or operational duties of and as to the Country Club may change at any time and from time to time by virtue of, but without limitation. (i) the sale or assumption of operations of the Country Club by/to an independent person or entity, (ii) the conversion of the Country Club membership structure to an "equity" or similar arrangement whereby the members of the Country Club or an entity owned or controlled thereby becomes the owner(s) and/or operator(s) of the Country Club, (iii) the conveyance, pursuant to contract, option or otherwise, of the Country Club to one or more affiliates, shareholders, employees or independent contractors of Developer or the Country Club, or (iv) the conveyance of the Clubhouse, to the Association, and subject or not subject to a mortgage(s) or the encumbrance. As to any of the foregoing or any other alternative, no consent of the Association, or any owner shall be required to effectuate same except as in the case of a conveyance of the Clubhouse to the Association.

However, notwithstanding the above, no sale of the Country Club shall be effective to terminate the right of an owner to purchase a Social and/or Golf Club Membership as set out in Article II, Section 4 above.

SECTION 2 - Rights of Access and Parking.

The Country Club and its members (regardless of whether same are Owners hereunder), employees, agents, contractors and designers shall at all times have a right and non-exclusive easement of access and use over all roadways located within the Property reasonably necessary to travel from/to the entrance of the Property to/from the Country Club, and further, over those portions of The Property (whether Common Areas or otherwise) reasonably necessary to the operation, maintenance, repair and replacement of the Country Club and its facilities. Without limiting the generality of the foregoing, members of the Country Club and permitted members of the public shall have the right to park their vehicles on the roadways located within the Common Areas at reasonable times before, during and after golf tournaments and other approved functions held by/at the Country Club.

SECTION 3 - Assessments.

In consideration of the fact that the Country Club will perform certain functions within The Property which will he of benefit to the community at large, neither the Country Club nor any of its properly shall be subject to assessment hereunder. The foregoing shall not prohibit, however, the Association from entering into a contractual arrangement with the Country Club whereunder the Country club will contribute funds for, among other things, Common Area maintenance; provided, however, that no lien hereunder on the Country Club's property shall be deemed to exist as a means of enforcing any such obligations.

SECTION 4 - Architectural Control. Neither the Association, the Architectural Review Board, nor any similar committee or board hereof, shall approve or permit any construction, addition, alteration, change or installation on or to any portion of The Property which is adjacent to, or otherwise in the direct line of sight from, the Country Club without giving the Country Club at least fifteen (15) days prior notice of its intent to approve or permit same together with copies of the request therefore and all other documents and information finally submitted in such regard. The Country Club shall then have fifteen (15) days in which to approve or disapprove the matter so submitted to it on such grounds as the Country Club may elect in its reasonable discretion (which may include, without limitation, purely aesthetic considerations). The failure of the Country Club to respond to the aforesaid notice within the fifteen (15) day period shall constitute a waiver of the Country Club's right to object to the matter so submitted, this Section shall also apply to any work on the common Areas hereunder.

SECTION 5 – Limitations on Amendments. In recognition of the fact that the provisions of this Article are for the benefit of the Country Club, no amendment to this Article, and no amendment in derogation hereof to any other provisions of this Declaration, may be made without the written approval thereof by the Country Club. The foregoing shall not apply to any other provisions of this Declaration which are, in the sole discretion of the Country Club, for the benefit of the Country Club.

ARTICLE Xl:

GENERAL PROVISIONS

SECTION 1 - ENFORCEMENT - Declarant, the Association or any owner shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now, or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the Association, or by any owner to enforce any covenant or restriction herein contained shall be in no event deemed a waiver of the right to do so thereafter.

SECTION 2 - SEVERABILITY - Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

SECTION 3 - AMENDMENTS - Covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by two-thirds (2/3) of each class of the voting members of the Association. Notwithstanding the above, however, the Declarant shall have the unrestricted right to amend the covenants and restrictions until such time as the earlier of seventy-five percent (75%) us eighty percent (80%) of the parcels in both phases of the development are sold or June 1, 1997, and provided further that no amendments shall be adopted thereafter without the consent and approval of the Declarant so long as it shall own any parcel in the development.
Amendment  recorded 8-14-92

SECTION 4 - SUBORDINAT0N - No breach of any of the conditions herein contained or reentry by reason of such breach, shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the planned development or any parcel therein, provided, however, that such conditions shall be binding upon any owner whose title is acquired by foreclosure, trustee's sale or otherwise.

SECTION 5 - ARCHITECTURAL CONTROL - In order to insure that the buildings on the aforementioned Property will preserve a high standard of construction an Architectural Review Board (hereinafter "Review Board") shall be established. The members of the Review Board shall be made up or individuals selected in the sole discretion of the Declarant so long as the Declarant continues to hold title to any parcel in either phase. During such time, the members of the Review Board shall be responsible only to the Declarant and shall not be under the control of the Association.

No building or other structure shall be erected, placed or remain on the aforementioned Property until a set of plans and specifications, including working drawings, and a plot plan showing the location of the buildings or other structures, driveways, sidewalks, mailboxes, terraces, patios, walls, fences, television antennas, loading docks, property lines and setbacks, is submitted to the Review Board as meeting the requirements of these restrictions and as being in accordance with the building, plumbing and electrical codes in effect at the time of construction or alteration on any such building. Refusal of approval of plans and specifications and location by the Review Board may be based on any ground, including purely aesthetic grounds, which in its sole and uncontrolled discretion, the Review Board deems sufficient.

Construction requirements and specifications may include (but are not limited to) the following: minimum roof pitch, roofing materials, driveway and sidewalk construction and colors and outside building colors.

Prior to approval of plans, written approval of the building contractor to be employed in the construction of the aforementioned buildings or other structures, must be obtained from the Review Board. Said building contractor shall be a regularly employed, bona fide building contractor duly licensed by the applicable governmental authorities.

No alterations in the, exterior appearance of any of the above buildings or structures shall be made without the approval of the Review Board in writing. The provision herein contained shall apply equally to repair, alterations or modifications made in the above buildings or structures.

The Review Board shall have the right but not the obligation to, from time to time, inspect the building construction as it proceeds in order to assure itself that the building is being constructed according to the plans and specifications. Such inspections, if undertaken by the Review Board, shall be solely and only for purposes of determining that the construction is in compliance with these deed restrictions. If it should occur that said inspections show that the building is not being constructed according to the plans and specifications, then a letter shall be addressed to the contractor, with a copy of same to the owner, setting forth said objections to construction and forthwith the work on said construction shall stop and abate until said objections shall have been complied with and settled.

The issuance of a building permit or license or the substantial completion of improvements, which may be in contravention of these restrictions shall not prevent the Review Board from enforcing these provisions.

A comprehensive landscaping and irrigation plan shall be submitted to the Review Board for its approval. A sufficient number of trees and shrubs of sufficient size shall be shown thereon in a design which shall be commensurate with the development of high grade residential and commercial property. Said landscaping plan, after approval of the Review Board in writing, shall be built and installed by the owner. Refusal of approval of said landscaping plan may be made by the Review Board based on purely aesthetic grounds which, in the sole and uncontrolled discretion of the Review Board, shall be sufficient. Because the Association shall be responsible for all non-irrigation maintenance of the lawn and landscaping of an approved parcel the Review Board shall strive to achieve a uniformity of cost with regard to each parcel. Therefore any landscaping plan which shall require maintenance by the Association at a disproportionate cost shall be rejected.   Amendment  recorded 3-25-92

Approval to commence building construction under these restrictions may be withheld until such landscaping plans have been brought up to a standard commensurate with the terms of these restrictions. If the landscaping is not installed in accordance with the landscaping plans, the Review Board or the Declarant may, at its discretion, enter upon the above said land and rearrange, remove or install said landscaping and make a reasonable charge for doing so and said charge shall become a lien upon the above mentioned land.

No owner shall plant or install any trees, bushes, shrubs or other plantings or authorize the same to be done without written approval of the Review Board. If unauthorized plantings do occur the Review Board, the Declarant or the Association may, at their discretion, enter upon said land and rearrange, remove or install said landscaping and make a reasonable charge for doing so and said charge shall become a lien upon the above mentioned land, as provided for under the laws of the State of Florida.

Notwithstanding any turnover of control of the Association by the Declarant to the parcel owners (pursuant to Article 11, Section 3, of this Declaration, or otherwise) or deeding by the Declarant of any of the common elements to the Association, the Review Board shall retain the above-referenced rights of architectural review so long as Declarant retains title to any parcel. The Declarant, at any time and at its option, may assign all rights of architectural control which it retains by and through the Review Board to the Association. However, the Declarant shall have no obligation to do so. <home>

SECTION 6 - AMENDMENT AND MODIFICATIONS BY DECLARANT. Notwithstanding any provisions of these restrictions to the contrary, Declarant, its successors and designated assigns, reserves the right and authority at its sole discretion until seventy-five (75%) of all parcels are sold or June 1, 1997, whichever comes first,  to amend, modify or grant exceptions or variances from any of the use restrictions set forth herein and the Articles of Incorporation and Bylaws of the Association without any liability therefor to owners or other parcels in the development, or any other person or entity, whether private or governmental.  Amendment  recorded 8-14-92

SECTION 7 - INCONSISTENCY - In the event any inconsistencies exist among the provisions herein and the Articles of Incorporation and Bylaws of the Association the provisions herein shall be controlling overall and the provisions of the Articles of Incorporation shall control over those of the Bylaws.

SECTION 8 - DURATION - The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or any member thereof for a period of twenty (20) years from the date hereof. Thereafter they shall be automatically extended for additional periods of twenty (20) years unless otherwise agreed to in writing by the then owners of at least two-thirds (2/3) of the planned development’s parcels.

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AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS:

    NOW, THEREFORE, the Restrictions are hereby amended as follows:

    The eight (8th) paragraph under Section 5 of Article XI, is hereby amended to read:

        A comprehensive landscaping and irrigation plan shall be submitted to the Review Board for its approval. A sufficient number of trees and shrubs of sufficient size shall be shown thereon in a design which shall be commensurate with the development of high grade residential and commercial property. Said landscaping plan, after approval of the Review Board in writing, shall be built and installed by the owner. Refusal of approval of said landscaping plan may be made by the Review Board based on purely aesthetic grounds which, in the sole and uncontrolled discretion of the Review Board, shall be sufficient.

    Section 3 of Article XI, is hereby amended to read as follows:

    SECTION 3 - AMENDMENTS - Covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by two-thirds (2/3) of each class of the voting members of the Association. Notwithstanding the above, however, the Declarant shall have the unrestricted right to amend the covenants and restrictions until such time as the earlier of seventy-five percent (75%) of the parcels in both phases of the development are sold or June 1, 1997, and provided further that no amendments shall be adopted thereafter without the consent and approval of the Declarant so long as it shall own any parcel in the development.

    Section 6 of Article XI, is hereby amended to read as follows:

    SECTION 6 - AMENDMENT AND MODIFICATIONS BY DECLARANT. Notwithstanding any provisions of these restrictions to the contrary, Declarant, its successors and designated assigns, reserves the right and authority at its sole discretion until seventy-five (75%) of all parcels are sold or June 1, 2997, whichever comes first,  to amend, modify or grant exceptions or variances from any of the use restrictions set forth herein and the Articles of Incorporation and Bylaws of the Association without any liability therefor to owners or other parcels in the development, or any other person or entity, whether private or governmental.

Amendment recorded 08/14/92

SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

    NOW, THEREFORE, the Restrictions are hereby amended as follows:

    The second paragraph under Section 2, Article II, is hereby amended to read as follows:

 Class B: The Class B member shall be the Declarant, its successors and assigns. The Class B member shall be entitled to five (5) votes for each unsold parcel, whether or not constructed, provided that when seventy-five percent (75%) of the parcels in both phases have been sold by Declarant, the Class B membership shall cease and be converted to Class A membership, including all parcels held by Declarant if Declarant shall decide to retain ownership of any parcels.    

    Section 3 of Article XI, is hereby amended to read as follows:

SECTION 3 - AMENDMENTS - Covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by two-thirds (2/3) of each class of the voting members of the Association. Notwithstanding the above, however, the Declarant shall have the unrestricted right to amend the covenants and restrictions until such time as the earlier of seventy-five percent (75%) of the parcels in both phases of the development are sold or June 1, 1997, and provided further that no amendments shall be adopted thereafter without the consent and approval of the Declarant so long as it shall own any parcel in the development.

    Section 6 of Article XI, is hereby amended to read as follows:

SECTION 6 - AMENDMENT AND MODIFICATIONS BY DECLARANT. Notwithstanding any provisions of these restrictions to the contrary, Declarant, its successors and designated assigns, reserves the right and authority at its sole discretion until seventy-five (75%) of all parcels are sold or June 1, 2997, whichever comes first,  to amend, modify or grant exceptions or variances from any of the use restrictions set forth herein and the Articles of Incorporation and Bylaws of the Association without any liability therefor to owners or other parcels in the development, or any other person or entity, whether private or governmental. 

Amendment recorded 08/14/92

THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS:

    "The provisions of Ordinance #1042-92 of the City of Punta Gorda, Florida dated April 15, 1992, a copy of which is attached hereto and made a part hereof are hereby made a part of the Deed Restrictions and shall apply to all the lands subject to the Deed Restrictions.  To the extent that any of the Deed Restrictions referenced above or applicable to these properties are inconsistent with said Ordinance the provisions of the Ordinance shall apply.

    Any and all other provisions of the Declaration of Restrictions not inconsistent with the above Amendments are hereby ratified and hereby affirmed."  Amendment recorded 03/02/94

THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

    NOW, THEREFORE, the Restrictions are hereby amended to add that adjacent property constituting SEMINOLE LAKES PHASE II as and more particularly described in the plat thereof in Plat Book 17, Pages 33A through 33I, of the Public Records of Charlotte County, Florida.  All the property so described shall be held, sold and conveyed subject to all the easements, covenants, conditions and restrictions of the aforementioned Declaration of Covenants, Conditions and Restrictions, as amended, which shall constitute covenants running with said land and shall be bind on all Parties having any right, title or interest in said property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.  All of the said Declaration of Covenants, Conditions and Restrictions as amended are hereby incorporated herein by reference. 
Amendment recorded 7/21/94

FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

    NOW, THEREFORE, the restrictions are hereby amended as follows:

    1.  All of that adjacent property constituting Seminole Lakes Phases II and IV as more particularly described in the plats thereof in Plat Book 17 Pages 33A through 33I, and Plat Book 18 Page 2,  of the Public Records of Charlotte County, Florida, shall be held, sold and conveyed subject to all the easements, covenants, conditions and restrictions of the aforementioned Declaration of Covenants, Conditions and Restrictions, as amended, which shall constitute covenants running with said land and shall be binding on all parties having any right, title or interest in said property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

    2.  The provisions of Ordinance Number 1205-97 of the City of Punta Gorda, Florida dated December 3, 1997, a copy of said Ordinance having been previously recorded in the Public Records of Charlotte County, Florida at OR Book 1576, Page 1504 through 1508 are hereby made a part of the deed restrictions as amended and shall apply to all of the lands subject to the deed restrictions.  To the extent that any of the deed restrictions as amended and referenced above as applicable to these properties are inconsistent with said ordinance, the provisions of the ordinance shall apply.

    3.  Any and all provisions of the Declaration of Restrictions not inconsistent with the above amendments are hereby ratified and hereby affirmed.

    Amendment recorded 08/28/98

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CITY OF PUNTA GORDA
ORDINANCE NO. 1042-92

                        AN ORDINANCE OF THE CITY OF PUNTA GORDA, FLORIDA
                        AMENDING PARAGRAPH 3 (Q) OF ORDINANCE NO. 1026-91,
                        "SEMINOLE LAKES FINAL PLAT AND FINAL DEVELOPMENT
                        PLAN" PROVIDING FOR ADDITIONAL EXCEPTIONS FOR
                        VARIANCES TO THE STANDARD SETBACKS, PROVIDING FOR
                        SEVERABILITY AND PROVIDING AN EFFECTIVE DATE

    INTENT AND PURPOSE:   Paragraph 3 (q) of Ordinance No. 1026-91 "Seminole Lakes Final Plat and Final Development Plan" adopted by Council on August 21, 1991 listed several exceptions to the standard setbacks of fifteen (15) feet front and rear setbacks and the five (5) feet side setbacks.  Because of the shape of the lots listed below, it is very difficult to design a house that will fit in the standard setbacks.  It is the purpose of this amendment to provide for additional exceptions for variances to the standard setbacks for cul-de-sac lots, odd shaped lots and corner lots as shown on the plat of Seminole Lakes recorded in OR 1178, Pgs. 1847 - 1887.

    NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PUNTA GORDA, FLORIDA:

    Section 1.  Paragraph 3(q) of Ordinance No. 1026-91 "Seminole Lakes Final Plat and Final Development Plan" is hereby amended to add the following:

    3.  That the following stipulations shall supplement and amplify the Engineering Drawings and Final Plat and become a part of the Ordinance and shall be binding upon the petitioner and its successors and assigns:

        q.  .  .  .  .  .  .  .

                On cul-de-sac and odd shaped lots (listed below) this amendment allows for five (5) feet setbacks in the rear, and the normal fifteen (15) feet front setbacks and five (5) feet side setbacks.

                                Cul-de-Sac and Odd Shaped Lots

        Block A, Lots 13, 20, 28, 29, 30
        Block B, Lots 12, 15, 16, 17, 18, 19, 20, 21, 22
        Block C, Lots 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17
        Block E, Lots 48, 49, 50, 51, 52, 53
        Block F, Lots 25, 26

    All corner lots specifically designated below will have fifteen (15) feet front setbacks on the main road but will not have to meet the fifteen (15) feet setbacks on the street running along the side of the house, but rather ten (10) feet side setbacks, except for Block F, Lot 38 which would require a seven (7) feet side setback from the side street.  The rear setbacks on all corner lots would be five (5) feet and five (5) feet side setbacks next to the adjacent lot.

                                   Corner Lots

        Block A, Lots 14, 31
        Block B, Lots 11, 27
        Block C, Lots 2, 9, 16, 21
        Block F, Lots 7, 22, 38, 45

    Section 2.  This amendment to Ordinance No. 1026-91 shall not be construed to exempt the petitioner or its successors and assigns from meeting any City Ordinance or regulations now in effect or hereinafter adopted, except as provided for in the Ordinance.

    Section 3.  If any section, subsection, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

    Section 4.  Any ordinance or parts ordinances in conflict herewith are repealed to the extent of such conflict.

    Section 5.  This ordinance shall take effect upon its adoption and publication as required by law.

    ADOPTED in regular session of the City Council of the City of Punta Gorda, Florida, this 15th day of April, 1992.

Ordinance recorded 03/04/94

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CITY OF PUNTA GORDA
ORDINANCE NO.    1205-97

                                    AN ORDINANCE OF THE CITY OF PUNTA GORDA, FLORIDA,
                                    AMENDING ORDINANCE NUMBER 1178-97; APPROVING THE FINAL
                                    PLATS AND ENGINEERING DRAWINGS OF SEMINOLE LAKES PHASE IV;
                                    AMENDING THE FINAL DEVELOPMENT PLAN (PUD) FOR SEMINOLE
                                    LAKES, INC., SO AS TO INCLUDE PROVISIONS FOR SEMINOLE LAKES
                                    PHASE IV; REVISING DEVELOPMENT CONDITIONS, REQUIREMENTS,
                                    LIMITATIONS AND VARIANCES WHICH SHALL BE BINDING UPON
                                    SEMINOLE LAKES, INC., AND ITS SUCCESSORS AND ASSIGNS;
                                    PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN
                                    EFFECTIVE DATE

    WHEREAS, the City of Punta Gorda has, in Ordinance No. 1179-97, approved various plats and a Final Development Plan, with numerous modifications, for that property rezoned to PUD by Ordinance No. 1000-90; and

    WHEREAS, Seminole Lakes, Inc., the owner of the land rezoned by Ordinance No. 1000-90, has requested further approvals and modifications to the Final Development Plan;

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUNTA GORDA, FLORIDA:

    I.  Section 1. of Ordinance Number 1178-97 is hereby amended to read as follows:

    1.  That the Seminole Lakes, Inc., Final Development Plan (PUD) and Final Plats for Phases I, IA, II, IIA, III, and IV be approved.  The original Final Development Plan and Final Plats for Phases I and IA are amended to provide for a change of designated land use on Tract A (Exhibit B) from residential to commercial, allowing for the uses permitted in the Commercial General (CG) zoning category, and providing for a change of designated land use on Tract C (Exhibit C) from commercial to residential (as for RSF zoning category).  Exhibits B and C were attached to and made a part of Ordinance No. 1103-94 and are incorporated herein by this reference.

II. Section 2.  of Ordinance Number 1178-97 is hereby amended to read as follows:

  2.  That the Engineering Drawings and Final Plats, Sheets 1 through 8 Phases I and IA, sheets 1 through 9 Phases II and IIA, Sheets 1 through 2 Phase III, and sheets 1 through 13 Phase IV, are approved and are incorporated by reference into this ordinance.

III.  Subsections a., f., and o. of Section 3. of Ordinance Number 1178-97 are hereby amended to read as follows:

  3.  That the following stipulations shall supplement and amplify the Engineering Drawings and Final Plats and shall be binding upon the petitioner and its successors and assigns and shall control the use and development of lands within the PUD.

    a.  The use of the property shall consist of 490 single family lots distributed as follows:  Phase I--195 lots; Phase IA--golf course, no lots; Phase II--81 lots; Phase IIA--46 lots; Phase III--9 lots; Phase IV--159 lots.  The property contains two hundred twenty-seven (227) acres, more or less.  The remainder of the property not utilized for building sites, golf course, golf course maintenance area, clubhouse area and commercial areas, will be used for conservation areas, buffers, retention areas, entrance with guardhouse and roadway.
. . .

    f.  There will be two (2) access points to the project.  The main entrance will be off of U.S. 41 with a guardhouse.  The other access point will be on Acline Road and may be manned or unmanned but with a gate operated by a key or pass card.
. . .

    o.  Acceleration lanes and turn lanes are to be built at the U.S. 41 access point as part of the approved Florida Department of Transportation permit.
. . .

III.  Sub-subsections (6) and (7) of subsection 3.q. of Ordinance Number 1178-97 are hereby amended to read as follows:

  3.  That the following stipulations shall supplement and amplify the Engineering Drawings and Final Plats and shall be binding upon the petitioner and its successors and assigns and shall control the use and development of lands within the PUD.
. . .

    q.  The following setback requirements shall apply in lieu of any contrary provisions of the Final Development Plan and City land development regulations:

        . . .

        (6)  On the following cul-de-sac and oddly-shaped lots, the minimum required rear yard setback shall be five (5) feet, with the minimum required front and side yard setbacks being the same fifteen (15) feet and five (5) feet, respectively, required on all lots:

                Phase I:      Block A, Lots 13, 20, 28 and 29
                                    Block B, Lots 15-22
                                    Block C, Lots 3-8, 10-15 and 17
                                    Block E, Lots 48-53
                                    Block F, Lots 25 and 26

                Phase II:    Block D, Lots 1-7 and 11
                                    Block E, Lots 1, 2, 17 and 19
                                    Block G, Lot 8

                Phase IIA: Block H, Lots 1-19, 21-26 and 28
                                    Block J, Lots 11-28

                Phase III:    Block J, Lots 1-9

                Phase IV:   Block H, Lots 29-69, 71-76
                                    Block I, Lots 2-25, 27-36
                                    Block J, Lots 29-76, 78-103

    IV.  It is the declared intent of the City Council that, if any section, subsection, sentence, clause, phrase or provision of this ordinance is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not be construed so as to render invalid or unconstitutional the remaining provisions of this ordinance.

    V.  Any prior ordinances or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict.

    VI.  This ordinance shall take effect immediately upon its adoption.

    PASSED and DULY ADOPTED in regular session of the City Council of the City of Punta Gorda, Florida this  3rd  day of December, 1997.

Ordinance Recorded 12/10/97

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