r-i

DECLARATION OF COMM'S AND RESTRICTIONS

434.1LF MIRRORS SEA FOREST

1HIS DMARATION is nude on

February 8/ 1983 LY

LINDRICX CORFORATIoN, a Florida Corporation,

RFT ITPAT.S

LINDRICX CORPORATIO, is the Cwner and developer of that certain real

property located in Pasco County, State of Florida, shown and described on

thlbit 11" attached herebd and made a part hereof, and, known as Gulf Hartors

Sea Forest (the Devalopnent).

LINDRICX CORPORATXON, intends to subdivide said lands and sell and

convey the Lots and Parcels situated within the Development and tefore doing

so, desires to inpose upon them nutual and teneficial restrictions, covenants,

equitable servitudes and charges under a general plan or schema of improve/Tents

for the benefit of all of the Lots and Parcels in the Development and the

ewers and future owners thereof.

P3W, THEREDDRE,,LINDRICX CORPORATION, declares that all of the lots and

Parcels in the Development are held and shall be held, conveyed, hypothecated

CT encumbered, leased, rented, used, occupied and inproved,-subject to the

provisions of this Declaration, all of which are declared and agreed tote in

furtherance of a plan for the developaent, improvement and sale of said Lots

and Parcels and are established and agreed upon for the purpose of enhancing

and protecting the value, desirability and attractiveness thereof. The

provisions of this Wclaration are intended to create mutual equitable

servitudes upon each of said Lots and Parcels in favor of each and all other

Lots and Parcels; to create reciprocal rights hebdeen the respective OWnerS

of all such Lots and Parcels) to create privity of contract and estate betmen

the grantees of such Lots, their heirs, successors and assigns; and 0 operate as covenants running with the land for the benefit of each and all other such

Lots and Parcels in the Levelocuent and their respective mmexs, present and

future. Q

oa ;

. co g

A CA 1; P t3z

O.R, 1234 P0 00825

I. Definitions. The follcwing terms as used in this Ceclaraticn and eup9lerrental Declarations are defined as follows:

(a) "Association" means the Gulf Harbors Sea ForestAsscciation, Inc. . ) a Florida non-profit corporation. (b) "Beach Club" mans Gulf Harbors Peach Club, Inc,, a Florida

non-profit corporation.

(G) "Bcard" mans the Board of Directors of the Gulf Iluxbors Sea Forest Association, Inc.

(d) "By-Laws" neans the By-laws of the Asscc:', ' teen.

le) "closed side" neans a side of a &ening without windows, doors or other oeeeinge which would afford a view cnto a neighboring side Yards

(f) 'Carron Area" means ell of the real property so designated on any recorded subdivision plat of the Ceveloerrent; all real property which may be later added to the Develcerrent as Ccermon Area; and, all real properly acquired by the Asscciatiem, whether frcm the Declarant or Otherwise, Weather in each instance with all isrprovenents which may be at any time constacted thereon, including, but not limited to, recreatiertal and commit)/ facilities, and designated water courses. -

(g) "Omittee" rreans the Arch;tectural Revaew Carmittee..

(h) ilDeciarant'i weans LINDitecx coRpciemeo, its successors and assigns.

(i) "Leclaration" rreans this Declaration of Covenants and Restrictions for Gulf Harbors Sea Forest, dated the 8th day of Febauarv 19 83 , as the sane may be supplenented or amended fron tine to tine.

(l) 'Tevelopent" means Gulf Harbors Sea Forest subdivisions as the sane nay be shown on the maps thereof recorded fran tire to tine.

()) "Improve/rent" mans all beildings, outbuildings, streets, roads, driveways, narking areas, fences, retaining and other walls, poles, antennae and any other structure of any type or kind.

(1) "Lot" rreans any nunbered lot designated on the plat or plats.

(m) "Open Side" means any side of a dwelling having . windows; 'doors or other openings affording a view onto any yard or parcel.

tel "Mee means any person, including 1,111DRICH COMPATION, who holds fee sinple title to any Tot,

0) "Parcel" means any netted, lettered tract shown on the plat.

(p) "Plat" Trews the maps or plats of Gulf Harbors Sea Forest as they are frau tine to time recorded.

(q) "Reserved Area" means all of the real property designated as such on Plats of the Davelogient. amership of such Reserved /Ten nay be retained by Declarant and shall be put to such uses as it shale der n best, including, but not restricted to, milti-farnily residential and carnercial enterprises of every type or kind whate.rkwee.

Cr) "Single Family Doodling" mans a residential dwelling containing cnly one dealing unit for one or more persons maintaining a cam= household in such dwelling,

(s) "Useable Side Yard" means a side yard along an Open Side of a dwelling, extending in depth frail the front building sot back line to the rear property line,

(t) "Svpplenental Declarations", Declarations of additional Covenants arel Restrictions that noply to specific lots or parcels as they are fan: tine to time of ferr .orl for sale. OA. 1234 PG 00626 -2-

ee Land User bets and Parcels in the Developnont ney be designated herein or on Plats of the Development or in Supplerental Declarationsas to their permissible uses and shall thereupon beccraa subject to the restrictive or other provisions of this Declaration relating to such uses. Any Lot or Parcel Apr which a use is not designated shall be subject to the provisions of this Declaration relating to Reservse Areas. In the event a use is designated for which no provisions are contained herein (e.q, nelti-family, oaniercial, governmental, schcol, etc.) the sage may be set forth in a Supplenental Declaration.

A. Carron Areas. All Lots or Parcels in the Cevelopreet designated as Cour= Areas are and shall remain private property and Doclaraetin recoreation of a rlat shall nor be construed as a dedication to the public of any such Clerecn Areas located therein.

1. Cemership. Declarant may retain the legal title to the etymon Areas until such tine as the initial inproverrents thereon have been completed end until such tine as, in the judgement of Declarant, the Asseciaticn is able to maintain the same. Declarant, however, will convey to the Association the Ccauon Areas designated en the plat of each section not later than the fifth anniversary of the data said peat is recorded in the official records of Pasco County, Florida, Such conveyances shall be free and clear of all liens and eneeniarances except non-delinguent taxes, covenants and restrictions of record, easerrents of record and conditions requiring naintenance by the Association,

2. Use. The use and enjoynent of Caemon Areas and inprovements thereon, whether before or after conveyance to the Asseciaticn, shall be subject to the pceers of the Association as set forth in its Articles and By-laws and to rules and regulations governing the use of such prcperty and inproverents as nay frcra time to time be adopted by the Asstceation, Provided, hceever, Declarant reserves the right to reaSOnatactuse in connection with its sales and development prcgrams.

3. Maintenance. Maintenance of carmen properties and repairs to any inproverrents thereon shall be the ebligetion and responsibility of Declarant until conveyance to the Asseeiation; thereafter the Association shall have sole responsibility therefor.

4, Imerevenents. All inproverrents rust be approved by the Committee as is hereinafter provided,

.B. Reserved Areas. All Lots and Parcels in the Develceuent designated as Reserved Areas are and shall regain private pecperty and Declarant's recordation of a Plat shall not be construed as a deaicaticn to the public of any eeoh Reserved Areas referred to therein.

1. Use. The use and enjoyment of Reserved Areas, and inproveuents therecn,shall be subject to the rules and regulations governing the use of such property and irpreverents as nay from time to time be adapted by Declarant.

2. Paintenance. Maintenance of Reserved Areas and repairs to heprcvarents thereon shall be the obligation and res eensibility of Declarant.

C. Residential Areas. The follcwing shall be appLicable to all Lots and Parcels within the Developrent designated as residential in dharacter, and each Owner, as to his Lot or Parcel, covenants to observe and perform the sage:

1. Accessory Outtuildines. Without the approval of the Cemmittee, no accessory outbuildings shall be erected on any let or Parcel. In no event shall any such accesscryoutbuildings, partially coupleted or tcrecorary structure, ever he used for Mean occupancy or habitation,

-3- 0.11. 1234 PG 00627

"pizza,

2. ccupleticn of coestructicre Crestmetton of emy hqnroveeents, onee connenced, shall be ccueleted within twelve (12) /tenths. I:prewar...as not so carFleted or upon which constructicn has ceased for ninety (90) consecutive days or Which have been partially or totally destreyed and not zdaailt within twelve (12) months shall be dewed nuisances, te-clarant or the Association any reaove any such nuisance or repair or eceplate the same at the cost of the Owner.

3, Prchibitien Against Used Structures. Without the approval of the Ocemittee, no used buildings or structures shall be placed on any Lot.

4. Maintenance of Lots, All Lots and Parcels, whether cceeried, or unncespied, and any inproverents placed thereon, shall at all times

mainteined in sceih seenee ae Le eseyeeL Lia,le Lae:wino unsightly, unsanitary or a hazard to health. If not so emintained,".the Aammalaticn shall have the right, through its agents and eaployees to do so, the ' cost of which shall Le added to and becore a part of the annual assess- vent to which such Lot is subject, Naithar Declarant, the Aesooiation nor any of their agents, eaployees or contractors shall be liable for any damage which may result frcresey mainteeance work as performed.

5. Disposal of asniteny Wastes,. No outside toilet shall be canatrarted on any Lot, All pluabing fixteres, dishwashers, toilets and other devices for disposal of householdewastes shall be connected to a sewage disposal system approved by the faansittee and appropriate governamtal authorities.

G. reftelEtS, Nu fences, hedges r , ills snell be eermitted without Coanittee approval.

7. Nuisances. No noxious or afse•ive aetl ities or nuisances nhall be permitted on any Lot, ahis includes repairs of and on vehicles en private driveways,

8. Signs. No person, except the Declarant, shall erect or neintain mon any Lot or Improverrent any sign or advertisenent, berme reflector siges or bunting unless prior approval is cbtained fran the Ccurrittee.

9. Animals. No anirals shall be kept or maintained oft any lot except the usual household pots, limited no a maxim of 4 pets per household at any ens tine, which shall be kept reasonably confined so as not to beoeue a nuisance, All pets shall he on leashes when outside the premises of a lot owner,

10. Carbaaa and Refuse Disposal. • owner shall burn trash, garbage or other like household refuse Wtheut a permit fronthe Cnantql-Pe. nor shall any Cwner Borne:I:tate on his Lot junked vehicles or litter, refuse or garbage, except in receptacles provided for such purposes,

11. Concealment of Fuel, Storage Tanks and leash Rece boles. Fuel storage tanks on any Lot thrill ho ;TEE& ur ied be cw surface of the graved or screened to tle satisfacticn of the Cormittee. Every receptacle for ashes, rubbisL or garbage shall be installed under-ground or be so placed and kept as not to be visible from any read, canal or Oen= Area within the Develcpment, except at the Uneaten refuse collections are Halle.

12. Restrictions cm Parking and IleatEeIy_Structures. Nocamexcial vehicle, boat, Tent trailer, travel eeller,TZTE7 - 3Oile hone, recreation vehicle, or other habitable vehicle of any kind shall he kept or stored on any street or lot, except within an enclosed garage or within scan other storage area approved by the Ccumittee. No overnight carping shall be permitted on any Lot. However, nothing contained tRxele shall be construed so as to prevent the Developer or a building contractor from erecting eel usiee sheds or other tenporary structures during peecde efeaelstructlion.

13. Roneval of Trees. No tree over the,* inches in r1Lemater may be removed from any Lot without the prior written consent of the Cturaittee.

14. Limited Access. There shall be no access to any Lot cn the Ferieeter

O.R. 1234 PG 00628 -4-

of the Devoloplirt. except from designated streets or roads within the Develogrent.

15. Ditches and shales. Each Omer shall keep drainage ditches and wales located on his Lot free and unobstrarted and in good repair and shall provide for the installation of such culverts upon his lot as may he reasonably required for proper drainage.

16. Pesubdivision of Lots. No Lot or Parcel shall he further subdivided or its houndary lines changed except with the written approval of the Carrnittee. Flooever, Declarant hereby expressly reserves unto itself, its successors or assigns the right to carbine, through replatting or otherwise, any two or more lots shrun rn the Plat in order Lo owaLar therefrom a single building lots and to take sirah steps as axe reasonably necessary to rake such enlarged lot suitable and fit as a building site, including, but not limited to, the relocation of easements, walkways ancl right-of-way to conform to the new boundaries.

17. Drilling and Ming, No drilling, refining, quarrying or mining coerations of any kind shall be permitted on any Lot, nor may any private %tell be drilled or maintained on any lot.

18. Antennae. No radio towers or antennae of any type or kind shall be ere-6-77W laced or established on any Lot in the Development without the prior written approval of the Committee.

19. Lawns and Parking. No Rook, Asphalt or Concrete Loons shall permitted, Use of- inpervious surfaces which would create excess runoff shall he minimized in all yard areas. All lawns shall be natural grass. Parking areas will be permitted in front yard areas only with prior written azooval of the oarmittee.

20. Hunting. No hunting of any type will ba permitted in the Develcprrent nor will the discharge of firearms of any type or kind be permitted. 21. Carports and Garages. No carports shall he permitted and all garages shall, be constructed as specified in the Supplerrental Declaration of Covenants and Restrictions.

22, Clothes Lines. Except within fully enclosed areas, remanent outdoor clothes lines or similar facilities will not be permitted, The location and design of such facilities shall be subject to the approval of the Coomittee.

23, Docks. No clocks shall be permitted without prior written approval of the Committee and in no event will onvoroa err4* 6r, uty.iiw re permitted.

24. Berintaing Pools, With the prior written approval of the camtittee, swimning pools, the tops of which are level with the ground or are graded to ground level, shall be permitted. Any otter type or kind of swimming pool shall be prohibited.

[Zr, 'The Architectural Review a-I'm:Atte-a. (no Cannittee) A. General Powers. All inprovarents constrirted or placed on any lot roast first have the written approval of the Coaraittee, Such approval shall

he granted only after written application has been node to the Gormittee in the Trawler and form prewilbed by it. The application, to be acompanied by two sets of plans and specificatims, shall show the location of all inprovements, if any, existing Ton said lot, the location of the Orprovenent prorosed to he constructed, the color and carposition of all exterior rraterials to be used, proposed landse.aping, and any other information which the Committee may require, including soil, engineering and geologic reports and reconmendations.

B. Carmittee Membership, The Ccnmittee shall be exposed of three (3) ambers, to be appointed by Oeolarant. Carmittee members shall be subject to removal by Declarant and any vacancies (ran tire to time existing shall be filled by appointhent of Declarant, or in the event of teclarantos

0,R, 1234 PG 00629 -5-

failure to do se within two months after any such vacancy, then by the Association through action of the Board. The lamer to appoint or remove Committee :renters shall he transferred to the Aosnation when 90% of all lots in the Development have been solidi:1y Declarant.

C. Grounds for Disapproval. The Comnittee uay disapprove any application:

1. If such application dues not ccuply with this Declaxation. 2. Because of the reasonable dissatisfaction of the Cennittee with

grading plans, location of the proposed imeroveeents on a lot, finished ground elevation, architecture, shape, height, style or color of the prcposed inprovement, the neterials used therein, the kind, pitch or type of roof proposed to be placed thereon; or

3. If, in the judgment of a majority of the Ccumittee reascnably exeeeireel, Ole peopeeed letecovemeni. will be heeuxenieuz with the Develcpuent, or with the inprovemente erected cn other Tote.

D. Rules and Regulations. The Conwittee shall froatirre to tine adopt written rules and regulations of general application governing its prccedures which shall include, among other things, provisions for the form and content of applications, required nunber of copies of plans and specifications, provisicns for notice of approval or disapproval, including a reasonable time period for approval by reason of failure to disapprove, etc.

E. variances. The C.cmeittee may grant reascnable variances or adjustments freer the provisions in this Declaraticn where literal application thereof results in unnecessary hardship or if the granting thereof will not be materially detrinreltal or injurious to emers of other Lots.

F. Certification of Compliance. At any tine prior to ccepletion of ccnstruoticn of an inproveeent, the conmittee may require a certification, pon serh form as it shall furnish, frcm the ccntractor, cener or a licensed surveyor that such iepromlent does not violate any setback, ordinance or statute, nor encroach upon any easement or right-of-way of record, and that it has been constructed in accordance with the approved plans.

G. Administrative Fees. As a weans of defraying its expenses, the Committee may institute and require a reasonable filing fee to acccmoany the subnissien of plans and specifications, to be not more than one-fourth (1/4) of 19s of the estimated cost of the leoopesed imeroverrent, subject to a minima fee of $25.00. No additional fee shall be required for resubmissicns.

H. Liability. Notwithstanding the approval by the Couaittee of plans and specifications or its inspection of the work in progress, either it, Declarant, the Asscciation, nor any pence acting in beh alf of any of them shall be responsible in anyway for defects in any plans or spec-ifications or ether material submitted to the Ccemittee, nor for any a:f--e - J „..„n- w.-% peens or specifications shall be solely responsible for the sufficiency thereof and the adequacy of improvenents constructed pursuant thereto.

I. Appeals. Any applicant shall have the right to appeal to the Board from any diEsion of the Ccumittee within thirty (30) days after entry of such decision.

J. Restrictien on Construction of Model Haees. Model or exhibit hcees shall be built only with the prior written permission of the Conmittee.

IV. The Gulf Harbors sea Forest Association, Inc. (Hne Asscciation)

A. General. The Asscoiaticn in a Florida non-profit corporation organized to further and pecuute the cceuen interests of prcreety cwners in the Develcpment. The Association shall have such pewees in the furtherance of its purposes as are set forth in its Articles end By-Laws.

B. bwilbership. 1. Classes of Members. 'Mere Shall be neuters and asscciate netters. 2. Members. Each Cwner shall, by reason of cwnership, beecce a Weber

of the Asscciatien. 3. Associate teeters. If not otherwise a Metter, each of the following

shall be Associate Members of the Association:

Qin. 1234 PG 00630

(a) The spouse and children of a Member who have the sane prinoipal residence as the Member,

(b) Persons who by virtue of contractual agreements with the Develoo are entitled to nemberahip in the Association.

C. Rights, Privileges and Obligations. She rights, duties, privileges and obligations of meMbership in the Association are as set forth in its Articles and By-laws,

V. Gulf Harbors Beach Club, Inc. (She Beach Club)

A. General. The Beach Club is a Florida nonprofit corporation organized to further and orarote the Canal interests tif prrnprty eonere residents of the Gulf Harbors arid Flor -A-Mar subdivisions in Pasco county, Florida.

B. Membeeeelip. rach rreeber of the Association shall, by virtue of such nerrbership, also be a penivr of the Beach Club. Other persons, including property owners in Flor -A-Mar subdivisions, shall he eligible for member-ship as provided in the By-Laws of the Beach Club,

C. Rights, Privileges and Cbligations, She rights, duties, privileges and obligations of rmaixrship in the Beach Club are as set forth in its Articles and By-Laws.

VI. Assessments.

A. General. Pursuant to the powers granted be it in its Articles and By-laws, the Association Is hereby expressly authorized and empowered to levy annual assessnents against all Lots in the levelopment. Provided, hover, no assessment shall be levied against Lots owned by Declarant.

B. Collection and Lien, The amount of the assessnent levied by the Asscce iation shall be paid be it on or before the date or dates fixed by resolution of the Beard. If not so paid, the amount of such assessment, plus any other charges thereon, including interest at the maximum Unit provided by law per annum from date of delinquency and costs of collection, including atborney's fees, if any, shall constitute and become a lien on the Lot so assessed %ten the Board causes to he recorded in the office of the Clerk of the Circuit Court for Pasco County a notice of assessment which shall state tlen amount of such assessment and such other charges and a description of the Lot which has been assessed. Such notice shall be signed by the Secretary of the Association on behalf of the Assoolaticn. Upcn payment of said assessment and charges or other satisfaction thereof, the Board shall, within a reasonable tire' , cause to be recorded a further notice RtAtinrs ths qatiqfanfies, n24.4

C. Priority of Lien. Conveyance of any Lot shall not affect any lien for assessments provided herein. Such lien shall be prior be all other liens recorded subsequent be said notice of assessment.

D. lenforceerent. The lien provided for herein may be foreclosed by suit by the Association in like monner as a mortgege and, in such event, the Association may be a bidder at the foreclosure sale. The Association. nay also pursue any other remedy against any aenee owing erxtey to it which is available to it by law or equity for the collection of debt.

B. Prcof of Payment. Upon request, the Association shall furnish a statement certifying that all assessments then due have been paid or indicating the amount then (Ilea.

F. Suspension. The Asscciation shall not be required to transfer eenterships on its books or to allow the exercise of any rights or privileges of Treater-ship on account thereof to any amer or to any persons claiming under them unless or until all assessnents and charges to which they are subject have been paid.

. Easements,

A. Reservations. Except as may be otherwise sham on the Plate or as sat

'7-

1 forth in a Supplenental Declaration of Covenants and Restrictions the follcwing enserrents over each Lot or Parcel and the right to ingress and egress'to the extent -reasonably necessary to exeraise such easepents, are reserved to Declarant and its licensees, B. Drainage and Utilities, A 3 foot wide strip xi:inning along the inside

of the side Lot lines, on Lot lines coincident with street right-of-way lines, such strip shall be 15 feet wide, and a 15 foot wide strip running along the inside of the rear lot lines, for drainage purpo ses and the installation, naintenance and operation of utilities, including radio and TS transmission cables, and the accessory right to locate guy wires, braces or anchors, or to cut, trim or remove trees and plantings ‘therever necessary up n such easerrents in connection with such installation, mint:Leer= szni

C. Uses of and bbintenance by Owners. The areas of any Lots affected by the easements reserved herein and Supplerrental Declaration of Covenants and Restrictions and Plats shall be maintained continuously by the amer of such Lot, but no structures, plantings or other material shall be placed or permitted to rerrain or other activities undertaken thereon which may damage or interfere with the use of said easelrents for the purpose herein set forth. Irrproverrents within such areas shall be maintained by the Cs,ner except those for which a public authority or utility crnpany is responsible.

D, Liability for Use of Easerrents. No Caner shall have any claim or cause of action against Declarant or its licensees arising out of the exercise

onneve,.,4 4,-, of any ccac,Tont rasa-ved heieunder or shown on the Plat except in cases of willful or wanton misconduct.

VIII. Expansion of Developrrent.

A. Property to be Added. Declarant may, from titre to Ulm and in its sole discretion, add to the Daveloprent any other real property awned by Declarant :Mich is contiguous or adjacent to or in the irmediate vicinity of the Ceveloprrent.

B. Manner of 0ension. Declarant shall effect such expansion by recording a Plat of the real property to be added and by recording a Supplerrental Declaration of Covenants and Restrictions which shall:

1. Describe the real property being added and designate the permissible uses therofi

2. Sot forth any new or nodified restrictions or covenants which nay be applicable to such added property, including limited or restrictive uses of Comm Areas; and,

3. Declare that such added erocertv is hpiel rei eq-m nypotnecatect, encuttered, leased, rented, used, oncupied and irrprOvet il subject to the provisions of this Declaration, upon the recording Of such Plat and koplerrental Declaration of Covenants and Restrictions, the additional area shall become a part of the Development, as fully as if such area were part of the Developtrent on the date of recording of this Declarations

IX. Revision of Plats, notwithstanding the provisions anti conditions herein contained, Deoltu-ant intends to prepare and record subdivision plats and does hereby reserve unto itself, its successors and assigns, the right to relocate, open, or close streets or roads shown on said plats, and to revise, resubdivide and change the size, shape, dirrensions and locations of lots in said subdivision/ and von such relocation, opening or closing of streets or revision, resub-division or changing of size, share, dinensions and locations of lots, the covenants, caulitions, restrictions and reservations hereby inposed shall be applicable, to the resulting lots in lieu of the lots as originally shown on said plat prior to such revision, relocation or change, provided, however, that no lot cold prior to such revision, relocation or change shall be deprived of that portion of the street or streets on which it bounds or .access-to such lot from the streets or roads in the Developtent.

X. Renedies.

A. Cnforcenent. Leclarant and each person to whose benefit this Coclaxation

-

-3-

O.R. 1234 PO 00632

inures, including the Asseelation, env proceed at law or in equity to prevent the cccurrence, continuation or violation of any provisions of this Declaraticn, and the Court in such action nay award the successful party reasonable expenses in peeseetatIng such action, including attorney's fees.

E. Suspension of Privileges. The Board may suspend all voting rights, if any, and all rights to use the Association 'a Carmen Ames of any Owner for any peritx1 during which any Asseciatim assessaent or other obligation remains unpaid, or during the period of any continuing violation of the provisions of this Declaration by such Owner after the existence thereof has been declared by the Board.

U. Omalative ROts. Itmedies specified herein are cumulative and any specifications of them shall not be taken to preclude an aggricv-A party's resort teeny other reeedy at law or in equity or otherwise provided for In this Declaration.

No delay or failure ca the part of an aggrieved party to invoke an available recredy in respect: of a violation of any provision of the Deolaraticn shall he held to be a waiver by that party of any right available to him upon the recurrence or continuance of said violation or the occurrence of a different violation.

XI. Grantee's Necepeance. rach grantee or purchaser of any Lot or Parcel shall, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a enbeeepent fter of such WE or parcel, accepts such deed or contract upon and subject to each and all of the provisions of this Declaration and to the jurisdiction, rights, pcwers, privileges and inmenitiesof Declarant and of the Association. By Such acceptance, such grantee or purchaser Shall, for himself, his heirs, devisees, personal. representatives, grantees, successors and assigns, les sees and/or lessors, covenant, consent and agree to and with Declarant and the grantee or purchaser of each other Lot to keep, observe, ccuply with and perform the covenants, conditiens and restrictions contained in this Declaration.

Eknepensien of Restrictiens. The provisims on inprovenants, use amicecupancy set forth herein shall be suspended as to any Lot, Percel or other area while and so long as the sera is cwned by or leased to the State of Florida or any governmental agency, publio or private utility, whenever and to the extent, but only to the extent, that such provisions shall prevent the reasonable use of such Lot, Parcel or area for said purposes. Ci cessaticn of such use, such provisions shall beccme applicable again in their entirety. Mile manor or leasing and using, such anal: shell have no rights as am:liter of the Asseciatim, nor shall it be liable for any Assoolaticn assesseents.

XITT: severehiliee %.4 .any ". le imvx.uy Qeciarep to oe independent of and severable from eveee ether prods/en hereof. If any provision hereof shall be held by a court of carpeted jurisdiction to be invalid, or unenforceable, all remaining provisions shall continue uninpaired and in full force and effect.

XIV., ea time. Paragraph captions in this teclaraticn are for cenvenience only do not in any way limit or amplify the terms or provisions hereof,

lerm and Amencleset. i1e provisions of this Declaration shall affect and run with the land and shall exist and be binding upon all parties claiming an interest in the Develepeent until January 1, 2003 after which time the same shall be autanatically extended for successive periods of ten years each, unless seendedby the affireetive vote of a majority of the Owners of all Lots in the Development entitled to vote and recording an amendment be this Declaration duly executed by (a) the requisite nueber of such Owners required to effect such amendment, or (o) by the Association, in which latter case, such anendment shall have attached to it a copy of the resolution of the Board attesting to the affirmative action of the requisite nuaber of such Owners to effect such Amendnent, certified by the &euretary of the Association.

1 9 O.R. 1234 PO 00633 --

EiMEMESIMINA

AllE5T:

-10-

Deolarant has executed this Declaration this 8th day of February , 1983.

LINDRICK CORPORATION

STATE OF FLORIDA

COUNTY OF PASCA

The foregoing instrwent was acknowledged before we this 8th day of February , 1083, CLooil R. Delchar, as its President and Margaset E.

Weitain, as Assistant Seoretary of LiAdrick Oxporation, a Florida (orporaticn, co behalf of the Corporatico.

r-,y0.401

,

A O1:41.1. PUBLIC !,' :::.C.:.• TIV)44::1---.1

• * ;0 •`,, '-., %

'. I". STtil my Comnissicn Expires:

11/3/86 "amiraRT551-15TROMOR Ai mvum.Sslo:: EVIUS NOV 1 IS 36 1...1..%) nfz., CC:L:1. IML/Ms 1.1.:D.

t i.

O.R, 1234 PO 00634

ExHIBFF "A"

7o Leclaration of Ocivenants and Restrictions

GULP HARIXAS BEA WREST ;

LEGAL DESCRIPTION

GULF HARBORS SECTION 40 uniT )

A PARCEL OF LAND LYING IN SECTIONS 6 AND 7, TOWNSHIP 26 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA, AND BEING MORE PART/CULARLY DESCRIBED AS FOLLOWS: . COMMENCE Al IHE SOUTHEAST CORNER OF SECTION 6 AND RUN N 89 0371051)4 1759,87 FEET ALONG IRE SOUTH BOUNDARY LINE OF SECTION 6 TO THE POINT OF BEGINNING (P.0,8.); THENCE CONTINUE N 89 937 1 05"11, 13,27 FEET; THENCE BY A NON-TANGENT CURVE TO THE LEFT HAVING A ROBS OF 640,00 FEET, A CENTRAL ANGLE OF 410451481, A CHORD BEARING S 31°11'36°E, 456,24 FEET; AN ARC DISTANCE OF 466.50 FEET; THENCE S 37 055130'4, 70.00 FEET; THENCE BY A NON-TANGENT CURVE TO THE RIGHT HAVING It RADIUS OF 710.00

FEET, A CENTRAL ANGLE OF 5201301, A CHORD BEARING n 25°513100"4, 624.90 FEET, AN ARC DISTANCE OF 647..05 FEET; THENCE N 00°08'31"E; 120.00 FEET; THENCE BY A .

CURVE TO THE RIGHT HAVING A RADIUS OF 535.00 FEET, A CENTRAL ANGLE OF 29°511290, A CHORD DCARING N 15 10416E, 27h.b6 FEET, AN ARC DISTANCE OF 278,80 FEET; THENCE n 30°00'00"E 1 263.56 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 610.00 FEET, A CENTRAL ANGLE OF 60 000100", A CHORD BEARING DUE NORTH, 610.00 FEET, AN

ARC DISTANCE OF 638.79 FEET; THENCE /I 30°00100"11, 104.21 FEET; THENCE BY A CURVE

TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 22050'001, 106.89 FEET, AN MC OBTANCE OF 107.60 FEET; THENCE BY A CURVE TO THE LEFT HAVING A.RABIUS OF 270.00 FEET, A CENTRAL ANGLE Of 390501001, A CHORD BEARING 4 27 00500"4, 183,95 . .FEET, AN ARC DISTANCE OF 187.71 FEET; THENCE N 47 000100"4, 57.23 FEET; THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 280,00 FEET, A CENTRAL ANGLE OF 26 008 1 50, A CHORD BEARING N 33 055135"4, 126.67 FEET, AN ARC DISTANCE OF 127,78 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 6 9°0099". A CHORD BEARING N 55°211194, 28,32 FEET, AN ARC DISTANCE OF 30.11 FEET; THENCE N 89°51'29"4, 21.93 FEET; THENCE. BY A row 'RI TIT LuT I=ING A hAE.iw 'Lb UU FEET, A CENTRAL ANGLE OF 1390081300, A CHORD BEARING 5 20°34'15"14, 46.86 FEET, AN ARC DISTANCE OF 60.7) FEET; THENCE S 41 00040111, 50,00 FEET; THENCE N 49°00'00"11, 21,29 FEET; THENCE S 41°00'00"11, 165.00 FEET; THENCE N 49°00'00"W, 19.82 FEET ; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET A CENTRAL ANGLE 67°07'35", A CHORD BEARING N 82 033'48°4, 66.34 FEET, AN ARC DISTANCE OF 70.30 FEET;

THENCE BY A CURVE TO THE LEFT HAVING A RADIUS uF 335.00 FEET, A CENTRAL ANGLE OF 22 0 52125", A CHORD BEARING S 52°26111"4, 132.85 FEET, All ARC DISTANCE OF 133.7A

FEET; THENCE 5 41°00'00"4, 93.08 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET, VENTRAL ANGLE OF 40°25'00', A CHORD BEARING S 20 047'30'N, 38.00 FEET; AN ARC DISTANCE OF 38.80 FEET; THENCE S 00 035 1 00114, 318.48 FEET; THENCE • BY A CURVE TO THE RIGHT HAVING A RADIUS OF 455.00 FEET, A CENTRAL ANGLE OF 420001000, ,

A CHORD BEARING S 21 035100114, 326.12 FEET, An ARC DISTANCE OF 333.53 FEET; THENCE r,11 BY A CURVE TO THE LEFT , HAVING A RADIUS OF 1318,39 FEET, A CENTRAL ANGLE OF 12°11 1 23",4h A CHORD BEARING S 36°29119"4, 279.96 FEET, AN

ARC DISTANCE or 280.49 FEET; THENCE °A N 42 046'44"4, 220.15 FEET ; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 755.00

fro FEET, A CENTRAL ANGLE OF 39013116", A CHORD BEARING N 62 023 1 2214, 506.79 FEET, AN si ARC DISTANCE OF 516.83 FEET ; THENCE N 82°00'00"4, 523,92 FEET; THFNCE BY A NON- cOi TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF

677,68 FEET, A CENTRAL ANGLE OF 01 Go!

73°56'50", A CHORD BEARING N 32°4'33"E, 815.10 FEET, AN ARC DISTANCE OF 874,63

FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 123.37 FEET, A CENTRAL

ANGLE OF 93°00'00", A CHORD BEARING II 23°02'58"E, 178.93 FEET, AN ARC DISTANCE

OF 200.25 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 546.31 FEET, A

CENTRAL ANGLE OF 33°04'38", A CHORD BEARING tt 39 959 1 21"14, 311.03 FEET, AN ARC

DISTANCE OF 315.39 FEET; THENCE N 88°00'00"E, 594.68 FEET; THENCE ti 59 °08 1 00"E,

245,30 FEET; DIENCE $ 38°44'46"E, 385.67 FEET; THENCE S 49°54'06"E, 247.17 FEET;

THENCE BY A tIlr:-TAIIGENT CURVE TO THE RIGHT HAVING A RADIUS OF 275,00 FEET, A

CENTRAL ANGLE OF 14°39'59, A CHORD BEARING It 82 948'31"E, 70.20 FEET, AN ARC

DISTANCE OF 70.39 FEET; THENCE 5 139°51'29 0 E 1 229.18 FEET; THENCE BY A CURVE 10

THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 044 1 34 1. , A CHORD

BEARING N 44°16 1 14"E, 35.89 Rel., AN ARC DISTANCE OF 40.03 FEET; THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, A CENTRAL _ANGLE OF 91°44'34",

A CHORD FEARING Ii 00°43'464, 8.52 FEET, AN ARC DISTANCE OF 8,52 FEET; THENCE

S 89°51 1 29"E, 70.00 FEET; THENCE BY A NON-TANGENT CURVE TO THE LEFT HAVING A

RADIUS OF 210,00 FEEL A CENTRAL ANGLE OF 47°08'31, A CHORD BEARING S 23°25'94"E,

167,95 FEET, AN ARC DISTANCE OF 172,78 FEET; THENCE S 47 000 I 0D"E, 57.23 FEET;

THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 340,00 FEET, A CENTRAL ANGLE OF

39°50'00", A CHORD BEARING S 27 005 1 00E, 231.64 FEET, AN ARC DISTANCE OF 236.38

FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, A CENTRAL

ANGLE OF 22 0 50 1 00, A CHORD BEARING S 18935'00"E, 79.18 FEET, AN ARC DISTANCE

OF 79.70 FEET; THENCE S 30°{1(1 1 10D"E, 104,21 FEET; THENCE BY A CURVE TO THE RIGHT

HAVING A RADIOS OF 680.00 FEET, A CENTRAL ANGLE OF 60°00'00", A CHORD BEARING

S 00°00 1 00"E, 680.00 FEET, AN ARC DISTANCE OF 712.09 FEET; THENCE S 301 00 1 111111,

263,56 FEET; THENCE BY A CURVE TO THE LEFT - HAVING A RADIUS • OF 465.00 FEET, A

CENTRAL ANGLE OF 12 03708, A CHORD BEARING S 23°41'2611, 102.21 FEET, AN ARC

DISTANCE OF 102.41 FEET; THENCE S 00 9 0/3 1 31"W, 373.97 FEET TO THE F.O.B.

'CONTAINING 42.21 ACRES, MORE OR LESS,

..

O.R. 1234 Pe 00637

7

SlineameENTAL DSCLARATICW OF COVENANTs AND REMICTICNS GULF [MORS, SEA FOREST, UNIT lA

This declaration (Supplemental Declaration) is made this 8th day of February 1983 by Lindrick Corporation, (irclarent).

Declarant has recorded on the eth day of Feb , in the Office of the Clerk of the Circuit court for Pasco County, Flori , in Book iP-at Page (egfi / as Instrenerttlao.q513.67, a certain, Declaration of Covenants and Restricticns for Gulf Harbors, Sea Forest (The Developrient). Said reclaration of rnvenAnve And eeetrictione subjects Gulf Kerb= See Forczt to the provisions thereof pursuant to an incremental plan of &vele:pent and inprovenent.

NC W THEREFORE, Declarant declares that

ei ce el 4. Plans and specificaticns for all inproverrents rust be submitted in et

accordance with the Rules and Regulations of the Architectural ReviewCrumittee g (the Oentittee). c■ 5. The type, size, grade, ccmposition, finish and ceder of all materials e, be be placed on the exterior of any building shall first have the written approval e of the Cenntittee. No unfinished ccncrete blcck shall be all. Cnly premiun

1 grade reefing materials such as cermet tile, clay tile, cedar shakes or asphalt shingles having a minim= weight of 340 lbs. per square shall be alleved.

0 i / 6. The minimum living area (fully enclosed floor areas above the elevation

; of the finished grade of the lot, exclusive of roofed or unroofed porches terraces, (ei- garages, or outbuildings) shall he 1200 square feet in a 2 beiroceldwelliAg and

1400 square feet in a 3 bedrocm dwelling. In a multi-story dwelling the minim=

y square fcotage on the first floor of living area shall be 800 square feet in a 2 g Leeeoi.7teeillea Onli leee bquatu ieul. jet a 3 teem= melting. No cleeiiing in this unit shall be more than 36 feet at its widest Feint on the lot.

7. Each of said lots shall carry with it as an appurtenancy a neuterehip in the Gulf Harbors Sea Forest Association, Inc. and the Gulftextors Beach Club, Inc., subjecting said Lot and the Cwner thereof to the privileges and obligaticns pertaining to such meberships as set forth in the Articles and By-Laws of the Sea Forest Aescciaticn and Beach Club.

8. All residalcce shall have a two car garage, fully enclosed, and cceatmeted of materials similar to the vain house.

9. The provisions of this paragraph are intended tote in furtherance of a general plan and to provide that the design, lcceticn and construutien of all dwellings and inprovernents shall be pursuant to men a plan. The plan is similar to the concept ccunenly referred be as "zero lot line " in that dwelliege:Will . be lccated tcwards one side of a lot, along a specified side set back line, so that

cwners useable side yard will be entirely an one side of his •ening. The side of a dwelling which faces its cwm useable side yard is referred bees the "cpen side" . Thu other side—the side which faces the neighboring useable aide yard— is referred to as the "closed side " . In order be provide a degree of privacy, windows, doers and other openings which would afford access or a view into a neighbors useable side yard are prohibited on the closed side of all dwellings.

0.11, 1234 PO 00638

1. The Develmrent includes all of the reel property set forth and described in the Plat of GULF HARBORS sEA FOREST, UNIT IA recorded on the 25th day of

Janunry , 1983, in the Office of the Clerk of the Circuit Court for Pasco County, Florida in Beck 21 at Pages 86-89 .

2. All of the real prcperty described in Use Plate is made subject to the provisions of the Eeclaration of Covenants and Restrictions the provisions of which are incorporated herein by reference.

3. Pursuant to the provisions of the nenlAeAeJon of eaeeeeefe and peeeeieteaaa, lots numbered 102 through 132, sham on the Plat of Unit 1A, as aforesaid, are designated Single Family Residential as to permitted use.

Each owner, except for the cuner of lot 131 will have an easement, as hereinafter set forth, to use and enjoy a parcel of the lot adjoining his useable side yard, which parcel Shall extend a distance of 3 feet from the =men lot line into the adjoining lot, along the entire length of the carmen lot line.

(a) Building Set Backs for lots 102 through 132:

(I) Front: Buildings on each lot shall beat least 15 feet from the front lot line.

(2) Rear: Buildings on each lot shall be at least 15 feet from the seaward edge of the retaining wall.

(3) Side: No buildings shall be closer than 15 feet from any building on an adjoining lot.

The closed side of each dwelling on lot 102 through 119 and lot 132 shall be censtrueted along a set back line which shall be 3' from the left side lot line.* The closed side of each dwelling on lots 121 through 130 shall be constructed along a set baok line which shall be 3' fran the right side lot line.*

Cn lot 131 the dwelling pay have an "en side" cn either or leeth sides of the dwelling, with Its right side setback at least 12 feet from the right side lot line.

Lot 120 is a transitional lot, somotimes referred to as a Lem lot, and the useable side yards of the dwellings en both sides of lot 120 will face lot 120. 'Therefore, windows, doors and other evenings which would afYord access or a view into the useable side yard of lots 119 or 121 will be prohibited in the dwelling an lot 120. This prohibition shall not apply to carergency exits or an overhead garage door. The dwelling on lot 120 may be located toseueis either side of the lot but in no event shall any part be closer than 3 feet from either side lot line.

*A right or left side lot line shall mean the side lot line which is to the right or left as viewed from the street on which the lot frents.

EXcept for the cuner of lot 120 each lot %Tier Shall have an eassanInt over and across that parcel of the side yard adjacent to the open side of his dwelling, which parcel is situated en the adjoining lot and is bounded by the comecnside lot line, the front and rear lot lines of the adjoining lot and a line paralell to and 3 feat distant fram the cenurn li*e. ;See =role eheee eUeeivel hereto as Exhibit "A°). This easeuent shall be for the purposes of the exclusive right to use and enjoy said parcel and the right to abut A fence or well to the closed side of the adjoining dwelling; assuming, however, the obligation of naintaining said parcel and fence or well and the obligation or providing and maintaining drainage between the adjoining lots. The cuner of the lot cn which said parcel is situated shall live the rifht of Ingress and egress during normelectking hours for the purpose of maintenance and or repairs of walls and roofs of his dwelling which are along said parcel. Suet: maintenance and repair shall be done in a manner as not to interfere with the adjoining lot owners use of the parcel and in a manner as not to cause damage to shrubbery, lame, fences and the like. It 120 shall be subject to the above des-cribed 3' easement on both the left and right side lot line.

10. The Declarant shall not be responsible in any way whatsoever for any defects in, failure of, damage to or maintenance of any seawall or retaining well. Each owner shall be responsible for all repairs to and maintenance of any such walls on or adjacent to his proPorty.

11. Pursuant to the provisions of the Dsolaration of Covenants and Restrictions, the provisions of this Sepplemental Declaration shall affect and run with the land and

03, 1234 PO 00639

shall exist and be binding upon all parties claiming an interest in the Development until japan, 1 2893 , after which tima the sane shall be automatically extended for successive-ivriods of tan years each, unless arended by the affirmative vote of a majority of the Cwners of all Lots in the Development entitled to vote and r ecording an amendment to this Eeclaration duly executed by (a) the requisite munber of such Cwners required to effect such amenaw-nt; or, (b) by the Association, in which latter case, such amendment shall have attached to it a copy of the resolution of the Board attesting to the affirmative action of the requisite number of such Cwners to effect such Arrendmnt, certified by the Secretary of the Association.

IN WIIII&SSIMERDOF, Limhdck Corporation has executed this Supplemental-..., Declaration this 8th day of pebniary 1983.

IJXNDRIC!K..‘`‘.‘' . .(4 ),•/ ‘".

CORpomnasi • rIVRS

A , • ........ ,

ST.ATE OP FLORIDA

CUNT? OP PASCO

The foregoing instrunantwas acknowledged before ue this 85.h day of Yebrmary , 1983, Cecil R. Delcher, as its President and Margaret E. MOuntain. as AAWIRI-Aw-

v...Lpordulun, on behalf of the Corporation.

4, 0A11.4

e . I

-, bly Canuission Expires: 11/3/86

..... I.'

1:1-0-13iFFV5.1C STATIC-i tibiltiAk H - ,,,,: ,.. cc,

01

4.0 ....0

g. 9 ...

cj ',", m

=

r:t 1. .... m m o m

al Co Cri

Cfl

g p .

0.11. 1234 PG 00640

By : As Its

MOO Y PUBLIC

Do, To -• 20 POI

SuPPilleawa DECLARMaki OF CIATIMus AND RESTRICT:VMS' . GULF HARBORS, SEA Emsr, UNIT IA rK

This declaration (Supplemental Declaration) is nade this 841 day of February f 1983 by Lindrick Corporation, Weal-area-T.— -

r-oclarant has recorded on the au) day of , in the Office of t..W Clerk of the Circuit Court for Pasco County, For Book at Page ttf , as ThstrymntNeca$3,57, a certain, Declarati o Covenants Reetrictions for Gulf rs Sea Forest (she Developw_nt). Said Declaration of Covenants and Reetrictions sUbjecte Gulf liartors Sea Forest to the provisions thereof pursuant to an incremental plan of developrent and isproverrent.

NOW THEREFORE, Declarant declares that; 1. The Developrent includes all of the real property set forth and described in the Plat of GULF HARBORS SEA FOREST, UNIT IA recorded on the 2gth day of

aerpr2xy , 1983, in the Offi:e of the Clerk of the Circuat -court ffAr Pasco County, Florida in Book 21 at Pages 86-89 .

2. All of the real prow.rty described in the Plats is made subject to the provisions of the Declaration of Covenants and Restrictions the proviaions of which are incorporated herein by reference.

3, Pursuant to the provisions of the Declaration of Covenants and Restrictions, Late metered 102 through 132, shown on the Plat of Unit 1A, as aforesaid, are designated Single Family Residential 413 to permitted use.

PE 0 4. Plane and Specifications for all krproverrenb3 east be autaltbed in

accordance with the Rules and Regulations of the Architectural Asher, Ctuudttee § (the Counittes). d S. The type, size, grade, cawsition, finish and color of all materials 13: to be placed cn the exterior of any building shall first have the written approval

i grade roofing materials such as cement tile, clay tile, cedar shakes or asphalt of the Cormitteep No unfinished concrete block shall be allowed. tbly premium

shingles having a minimum weight of 340 lbs. per square shell be allowed.

1 ' of the finished grade of the lot, exclusive of roofed or unroofed porches, terraces,

6. The minima living area (fully enclosed floor areas above the elevation

garages, or outbuildings) shall be 1200 square feet in a 2 bodroandwelllng and 1400 square feet in a 3 bedroan dwelling. In a sulti-stary dolling the nuninum

1

bedroculdweIling and 1000 square feat in a 3 bednocutddelling. Nbdioalling in square footage on the first floor of living area shall be SOO square feet in a 2 this unit shall be more than 36 feet at its widest point cn the lot.

In 7. Each of said lots shall carry with it as an appurtsnancy a reraherahip in the Gulf Harbors Sea Forest Association, Inc. and the Gulf Heaters Peach Club, ..

li

pertaining to suehmalerships as set forth in the Articles and Ftplgere of the Sea Forest Assrxdation and Beach Club.

Inc., subjecting said Lot and the Cromer thereof to the privileges and obligations

8. All residences shall have a two car garage, fully enolomed, and conatructel of materials similar to the main house.

9. The provisions of this paragraph are inbsnded G7 be in furtherance of a general plan and to provide that the design, location and coistructicn of all dwellings and Isprovernents shall be pursuant to such a plan. She plan Is randier to the concept =rally referred to as ammo lot lino" in that dwellings will be located towardsi one side of a lot, along a specified side met back line, so that

armors useable side yard will be entirely at one side of his dolling. The side 1 of n dwelling which faces its am useable side yard is Warred WAS the °won aide". She other side—the aide which fame the neighboring useable side yard—is referred to 44 the "aloe/ad side". In order to provide 'a degree of priVaoy, windeals, doom and other cpaninge which would afford amass or a view into a neighbors nimble gag yard are prohibited cn the closed side of all divining's.

7hin &arrant is being re-recorded to show 0,A. 1215 PI 1968 Schedsle A that wen not Attached at the tins or original recording,

0.11,4241 IL1,1328

Each owner, except for the owner of lot 131 will have an easement, as hereinafter set forth, to use and enjoy a parcel of the lot adjoining his useable side yard, which parcel shall extend a distance of 3 feet fr:m the common lot line into the adjoining lot, along the entire length of the am= lot line.

(a) Building set Backs for lots 102 through 132:

ill Front Buildings cn each lot shall he at least 15 feat fron the front lot line.

(2) Rear: Buildings on each lot shall be at least 15 feat from the seaward edge of the retaining wall.

(3) side: Vo buildings shall be closer than 15 feet from any built:lingo:an adjoining lot.

The chased side of each dwelling an lot 102 through Ilg and lot 132 shall be constructed along a set back line which shall be 3 1 from the left side let line,* She cloted side of =ch dwelling al lots 121 through 130 shall he eeneteuoted along a set back line which shall be 3' from the right side lot line.*

Cr: lot 131 the dwelling may have an "even side" on either or both sides of the dwelling, with its right side set Leek at least 12 feet Iron the right aide lot line.

Lot 120 is a transitional lot, somethres referred to as a turn lot, and the useable side yarde of the de/011111gs cn both sides of lot 120 will face lot 120, Therefore, windows, doors and other openings which would afford access or a view into the useable side yard of lots 119 or 121 will be prohibited in the dwelling cn lot 120, This prohibition shall not apply to emergency exits or an overhead garage door. She dwelling an lot 120 may he located towards either side of the lot hut in no event shall any part be closer than 3 feet Iran either side lot line.

*4 right or left side lot line shall man the side lot line etich is to the right or left as viewed Enon the street co which the hot fronts.

04 Except for the owner of lot 120 each lot owner shall have an easement over and across that parcel of the side yard adjacent to the open side of his dwelling, which parcel is situated on the adjoining lot and is hounded by the =men side lot line, the front and rear lot lino of the adjoining lot and a line perils:11 to and 3 feet distant from the common side lot line. (See example shown In drawing attached hereto as Exhibit "A"). This easenent shall be for the purpooes of the exclusive right to use and enjoy said parcel and the right to abet a- fence or wall to the closed aide of the adjoining dwelling; =ming, hoeever, the obligation of maintaining said parcel and fence cc wall and the ebligation or providing and maintaining drainage between the adjoining lots. The owner of the lot ca which said parcel is situated shall hve the rifht of ingress and egress during Darrel working beim for the purpose of maintenance and or repairs of wells and roofs of his dwelling which are along sell parcel. terh maintenance and repair Mall be dole in ammeter as not to interfere udth the adjoining let cwners use of the parcel and in a manner as not to cause demage to ehrubbeay, lawns, fences and the like, Let 220 shall be subject to the ebeve des-oribad 3 1 eaeement an both the left and right side lot line.

10. The Declarant shell not be responsible in anyway whatsoever for any defects in, failure of, darnaiee to or maintenance of any simiall or retaining well. Each owner shall be rasp:risible for all repairs to and maintenance of any such walls as or adjacent to his prcpexty.

1I. Pursuant to the proldsians of the Declarathonof COvenante aryl Raitrictbels, the provisicns of this mipplerresaal Declaration shell effect end run with the bend and

0,R, 1255 9 19"

flitelle"""Se

000m000 shall exist and be binding upon all parties claiming an interest in the Dayelo5vent until January 1. 403 , after which tine the same shall be autcaetically extended for successive periods of ten years each,

Amemim hu fhp .ssirmatdve vot.1 of a majority of the Cwners of all Lots in the Development entitled to vote and recording an amendment to this Declaration duly e.,,i-uted by (41) the requisite nurter of strh Cwners required to effect suft amendment; or, (c) by the Association in which latter case such amendment shall have attached to it a copy of therevaution of the Board attesting , to the affirmative action of the requisite number of such Owners to effect such Amendment, certified by the Secretary of the Assnciation.

IN WITUESS MIERE)F, Limarick Corporatiai has executed this Supplemental, Declaration this Oth day of February

, 1983.

LINDIUCX OORPORATIOI ff 498ar

STATE OF EIORICA

=WY OP PASCO

The foregoing Instrument was acknowledged before me this gm, day of brusy 1983, Cecil R. Delcher, as its ?read:in:and Mergaret B.

Wuntain, as Ass dent Leoretary of Lindrick Corporation, a Florida Corix=ation, on behalf of the corporatiat.

It 00020578 14 mi. Fieffi1n3 40 17.00 .00

17.00 C1(

My Contdesicn ENpireof 11/3/e6 '

Ifei7tAf-PiRe-ifitfrOlgotiiit //' ". 011).515.Mi 0114 3 111144 4( 'Ur 91 ,) 1 , !; • I Op 9

ea c..)

co

M 04 04 0, 11011 Pa 1077

73

a' A O. L.12.144+460 ,

..

941E41 10 F14 21 27 FUDOR

g Til.04.71037:111 'e Wri.lithEn* _ . fele* COACil( - 0A-akm comx

-Thie DWI tits" ( MIEriteelit UAWte teide.this arAL day of Xfetegkgr___ - _ 3924.

by eau Lanai** D4.1.43.0pantlt . W*WriCal l filf-41(1E471:). - noel Ante reOtirdati an the Nth day of S'ektroary,. 1451, le rho offices of the Cleft

- of the 'Cl4Tatt g■Du4"t ftc Pnoco 00,10. tr. ".leitr.A4a in POPli i23.4 a l',14£04 625-637, ite , 211aVussent 58351. DocieretionoC Cvs,nsnintn 631d nen:r...riccions gor &kit harbors 8.= Sarver

tlthohavel. Oyeoftrt-' }.. Sof' d CowoOonfo- omit imatriee' latt . siv244CC aO2f - 1fOrboro 8-eot rartivt. to e . provision* thee-elf gekwnit re an inwrencital. plat of developers* . . . . _

sow, weeedvgeg. neolerent &climes .that.;

The evelO.er nclud.s eli. the rind ploPercy sat forth (141:1 - Orooribild is rho "Litt of. SarA•COU10 I. -P*6*(18d- "*tk• the-25.1,kday+Ort•tpre_hpi .1hee_...lii4Ite.ogElorst • of .the-Clesk Of the - Circuit Court for' ?ARCO Monty, florid*, in Piet hook at -Papal( 15,2( A , _ _ . _

2, AX-1--of the real - pteoperty described in thePilit . la Offif Aubje,ct EP the grOvislOna

. . of the Peclexerion of 3-avensints and Reetrirtiarks,- the _grovieloes of which axe lenorporered hereto by -..telerenne_

1. 'iI te1eit to the'prOvisMys'of the Oeclitrat_ion of Covenants and- searrictIoas .,- zusbdect 1 thseresh' 7‘o amiurk on the plat of Ces•Colergy, Ogt 'aforesaid. .ors deeignettes loie

lly Iteeidontiel OS t0 .-plemiltro4 wee,

4. rline Sad specifiCitiens se.r•elpiiirsi for !bOxIikit4 ipcluding, but not . 1.425t{ild tO1 . _ t6 pleat floor plepe, elevahicani. tistaili;.lerkkicepe and- gradirig: pwOlf.-4 Wilder.* Risk _ -

xlmiurezes.t adet-k5iescisialial OrgIrk.perr,'e e..14 eeie asm, for 6.11, igorovtaw.its *out to etilsitted - in aixorattr.i.ve Arith the rules And regailetions--to, ond Opproroci in writing by, -.ha kyvhiteetural ROI." (Xeelf-ittee the Ctleg-itte41) to the eteLrt a_ eguista-swit oft, . . • 5. A wive COMIXActer Atily-be intpliried for the cionatzentiod of ono specific • only it it **ate the folloris# qriktgrier

A._

Heat file hlk. Oorneent A.305-11 -29 adAtion. . . . It ' In I/ns1n*" 14iti"4" -0011111-1 14vel avOldwElori) for at leeet five

(51 years *

suncesafuliy- ood tiort44fOCTOrily _ tooploced at &meet twenty ize) ie,Ui

: • _ . proj act* e.Ithiii t .134 . pa fiw (S) -years, .issieg. owo. personnel to. anspiree tit 2.04 - of the

nasnCieltY gaVent and litto-ict. vit-tithelmiathlizZvarkcopitaLand4:imitzedit to and eetisfanter_ i_ly complete

presently orbilf coutz:nr:i'y _ casii x_4ceived ...imjcitActoryiboree. sew]: el r'ati4r414 mrP trifta IrtnIteilds

atitt-rigernactkit

•

riutsr4.°6•naIK, - _ Far inciuLus three 4•1114=10,04t4

Ina' "IC al‘Slee- r211.41X4311"1

t subcontradt.r. via° - I Jere _ "red 1,110hciel tatacern 4"7);. - on a review

1'4'61! rliwgzY _ or a rinamo141 stAtextein pivetred and 4n

1'01120- '164" ' 41:arli ir4y11.“ t Floc o') ft

inin

oo .trOcctnr 10! Of Miner Wee unlese e04 until the oriterie

In 43 telovei

togoottkel. lac Gt.. tadull approvian'tirl:g

AWO

to to

type, _

the artt

7.

shall r_ "a'r rim ca.avarY• ab.

finikh au51 ccP

or the oL412131. wortntariloutdaw

matert.iiithia 11541.1 be

tonal Wang

Aaviaa

les *r to

ftreftte blaeX

44.44116

03141til4g4"

hiiketo at L e" i.1414 iy - Cel*SEFit r_11.e

allation eg tbg 14%14124:t49-n-.-- ."--t7str'irlst 0* jet meter,

soh oho toot I be psi

13a over t4e. atafi°4 4' - anraaft-

- ere Let4e044--t° b° aim

a sad

" The

- oinna of thie $34x— — timt_ t-m.,0mi,„„ of an

1

than be FULT4,4411C to 014411 a plat. The plfal is aka

or rite lI)a.

plat 44414' Xt ::'1.-fovi66, - - - - %1148 sttatr' Icic"tee% lax to the ei,oe.rpt

1.4-71.rrilj tri:4--" tz*r6 14't lind4 %ft WM-I:NO .1144a lain he !neared coward one atda of a

alena-et-iTi'clied 4itte /g-tback 1412-e ' ". that an 41411er'll linabid° 4216.° Yard vil/ .6°' :1:it'4Y : coo "la of hi a deeillag. -rhe - - - Ahoetfla

*Ida of A dig011.11117 liblth gam; 'tic O&M usakaa a yard ::fdoezrod to oo. :::::,.,,v,posmirmAkiejavemtag.• A u: wra...ritheach.sktaide-Et7.-4441-11n7,6:467r- drataiptcrv:Twaida.--tb:-Iing144/01 pru..cy,

10,.• • '4.1.-:118'.!•-i4en".11°-.--

ja-i;.;4... by. a

hr

conetruetad4-11'.'"'erl'.' 1.°, 144.:i 1••*-1:•••_ am..

Lan.4:1 'Tilt. proper

. • .• 1.044-ditaanes,s!heA-3-

.•_, •

:

to tbI 'rain MW.

•1-1' • • r fs- :t4voitt

motaibio,•

or.

•

bak,,e a . •

.p.tarn. . .

21irtg,

OK

-4 AsS44124--t CO)" iada rottolottiog.

In'2144.1.14'""1 ill'aillc: et. so

il

1181-1193' m:1422112ract design and rankhorlag

'rail of rta IidJfI% One

ehhi stow. All moll.= of ao.ti

Li— 3° . -- - - ball either Virakaaff* Yaati_

In . rnfign itt a ward

441he..hrt*e:14:2-.• ..viixpwbad•t•

taa4 14. •• Auld :,011.114A- z_

t4,,sukti_eenhexshici7ub. LI fj114 f .04•14rU4 ■ 2•"1".. - - mica and Veatit

_

'Caner x"

oar toadieS3

- - fully anaboalal• 3.14

and BY'Ll" " the -

otx- stPt9,1.

ctwoo - hod-r."`e

. area

prober,.

a, rho_

tod lair 674 .44_6o Lem in

tiadaherl _ in a moo

Ol

ad& tote. bmkece.d. tat

matbgiadinF!):: _ '1204 6V"

t OA" .40i4 1"al .

bh. .

'6"TYCLIII'R4412".11

eaono, me* all with " 414-14Ougt aid Lot kr4

...--' ill rafgaiXed " 14_ istriord access or ta A nattltabor.a *8 kb'. 'Cleaa4 - a 'law ho

viAde,"' dala-ra

rhe Siena "3 °

that Portion

Areabla ride rett

arcCtedlibit4d 111 have hh AwmAleAnr r "4 041ram&

A. &MA ICC Otaaer I ni tout + of the rialreei of the sidd yard adjoreho SO the Wen 4 de Of Ma Owe Mili/de 1.„,6t

i aced or the 4410-1104'1 tot '''''d la boUR&I'd bY fth .22M56"* 4: outel Je a eo

of the 44101111w be siitatee,tehaa.r....,___._ frOatttm.rdia

cite

c,,,,,,1-6t l inen „Eria,obtliyttoliusneg;iaz....ea:L.::meatiatamd calpaxcelinaa1Pari .1.41calttlth.elahaoltiltheitd for the -Venetia of the exelessive 11_0.4

or you to tti, 04444 aid.

to abat t tt443* Lok

hova'az-. the

tenets 4 owisecion ...treircel

cod

- II/4 !MIA 1 to ounointr4

l'ild - dita erd 'INA fateel 61. "12 "4 91241Ptica et

idi -alp daal-lihfr herumilig`

- tabsina Oral

- - , 4il cleaLINVI 16811 . -- - - t*ba thriPaeitO

" re tridtp to aasakb tki ila and og the cioge4 *144

1120ft sutteP, '1°°g th& **WC

bitibizy 1-41t0, -- - - - Iv Ivo niastatt Mil% h'ith dott2ittt. loci-mad lima ail til ipo'bla Ma IlleeEE **tar :Poe, chit 7ehe 2sc ss shist, in eitbor the Era= Or lvecE Yard of - the delalfil". 151'1 Oluer &zoo. tarsal eta peetel ill Sitwitcd

- - - ,.....„...4.— - I par Oil TO5Pcile °I.

' stall ba*it the ititha gt ingtyter and baros% (ti a.ta. to 3 p.m., leonday to a----4

4".24 t" wall, azd roofs of hilt_ dialling vitic/i awn alotel aa23/Or rroalra 10 _ .13 not tn este Weal ,. glob gAla4 _ - Aga "4,0 .1 Ideill h* *Ina_ le A 4.1n7raltnnar as ssa letc;rxere alth {ha ad -juinitsg lot oialer'o nab of the 22,artiol si,sti puce. t* ctosa-- ****00. to thrubbazy. taw° , f ''''", ‘6,4 the Inc*._ zbzvegia- .. . .

w'111&. 14124c** 91a 4131 " htw"hje "-q 64 //6 ' F2136 214d 1)40a .mer's haod $4 clhae to nei0bava *lased atilt 4-5'to coot* &now vo weight.53E-'4 Woo or inhltitt 44-c444 _ , - ta dd,g o 1-41r wawa at vetntentwow.,

Building otatbainte for all la late .14 54% Ea1afry. I. 01'01E 1 1014131ege on eaoh 104 4t4111 be At telaiiM 25 test

rein the team 104.

2. 204r1 551.1404414 -064-----r-14- ' 1" 'Wall be 4 leinge ia Eafit ttlDm thi ******4 edge at the inliaAn4ag wall.

3. 5111a. Bo bitlillog *ball be elesev ttith 15 fait 541X4 44Y budiaoil oo 44 44401 .41m 10-4_11 tan on abroad aid% Plus la Plat on . .

-eBee el .eo sflaele II 4444).

( II eg

e,sal4 new Iota a through a and '.T.Ace 4 4 5 /vOwgli

be 4 ti la e

gal ne a ciolattottail 402 a aat/da_ -inill-4 _11 hial three

feecfan the *Mt e -(1 -43%*EO loc 1.ine,. ret 0544 Old* (2a40 &ban ; _ - be the tut dee lade ottbedt iotur. la, taw ti tetLoyeh 3e than NEw etwoadnoil et4.14

Ist Windt nog WO ah411 ba thrtia 13-1 teat-- Exam thi141u4K4431 41" II"U lot 11-11 . 'Ille %moth aide Rut; ebaki be btu& 41.5gro.:17174.6611-11:41 tber.4 letS.

• !"P'134.,

aaw0.144a •eleit •-• " c44"d . .

d.. T,4%.F 0.:.14..#X9!1.1g1- 1? 1414 riCic arid

a -**tb56,....---i; 14"

*4414. ::.r-154451":1"*t; - 41' 1. +55!": :;'14'. it) 14" Lin: 'ES2414

11.1O .4241 4"1 a 16'.tba

• . . "vita. !ago . 4if 41tp •

31 ha eflte:.c"Iatila,a d4a . •

14U4 titt04913 53 *hell Were duelling& constreeted

ett *hal./ the (3) feat from the north along a setback line rdii

Aide (left) lot line. The rserb elde 41(ift) ;dual Be tha eleeea

side of these tote.

9- lot • mai b'r n op I2G eltbgar both side& of the doal l.litayue

aitlA ieo north (V4 10. 1;) pelmet* a oilstone of 1.2 feet free Om north (right $

lot line. Lot 74 *gyms% an 0101155 nide 454 eitba2"1=1P2Ch •1404 of talk dmalling

Lh its POWSII (.aft) 402 ,103-th (riSht)Seeheekt_ eat:Mabee of /2 feet fro& the

h. Lo 1 end 44 arty hew an emelt aide Oa either Or both older Of 7.).ye

dwelling with to 'vont (right) sar.begis a minioner of Al feet from the meet (tient)

let line.

a. Stets. &totem, aetrion, We, mindeore, ate. 2 Alt

clot.enta Into required building listbecita ahali COVly with

legal enda km4 023411 not encroach mare elm 24 squire feat onleuo

Ptiorlonaly authetriend by easeittoo. _

C. Cline submittal of plane, ono nese ney he onnetnented teo.nr.unee

44101nieg Ant& with County and tomnAtteet natrovel. boner *mod reepeonable

for einetanenta on teen lot. _

14. 1.21041 . APe_ 11136 II:L.1'4111g pletki 4114X 1- ba au/Snit In4 ha I 1 illv1444-“"sl*C.f 10 1.4." ooze irs hefrjet ma relAaves

A. 2 L1=Im aotka.

B. - 2 Lable-Palen, er

C. 3 Nes Myrtles tree ideeposel

- 2 Iteehinaten

tbere i1 bewo t,..-Awsi or abarubs olleees) owe& 4 ftwa ill hei rithi4 ZS tekt of tha raar any lot.

_15- Ain 4:Orgliti0ning exklptIkalOireb. Pu0t ewipilatix end Any /fado1.t Oth'IL tlevskt or

equipeent_ shell ha aereeNtd tree the er,reer noi euell not be permitted on rime ClOted aide of

lames. litee bibs and eiedtwim w4tv4,4 not be -Petedtted en the viatica eide et hears,

• Nallheaell and Mtn €4411 bet Der standard SOPro wad Retaining veils Mgt be 32 4 high (4. ottoman high), &elle ron treat ulna aldA

aide line, ant lot line to lot line. -

_Ae,•ne.zIo' aid dock-like feeilitleo MaL1 be enbailtted and epitruoad by the

Architectural Review Onned-ct443 Agio'r tO iriteunation, Fenian to ee par stamimuni *wowed .Aipprwri4 mot plan -ciselossei.

114-166ti- "titriennaat2744-44,"Mentt 07f-78C.4 Pt414111‘4":- a el'atidre6"/)-1° "4"

-

for tle7gingt-iwzg11191 ttcr Aln.ale.

toe water acCs" - - - Inc%

he .rupatemente of Om

&lea

&tire a2,4 locum

11i tf21-[11 ci -out **kg will be 0-1r-a-Ltriltairit- dftstan

C hay

at' Aeraeliation: leyeot atreched rareeee an Itaitilait • eimeateut ratiper tha

"t°3C "141. 16. 4C21. 411° ° -1111"°$. • . B°Iit 151-Re taw - 174466166: 6206666C 61301 be Waited to a boot - -

- - .1aNa. ef rorlt* -aiba. ter biateattbtr4 UM: €ktflitt 14/441 ltntA trt 2 olesa,

oons.,8 og zmo „Atli zi.aawt-rldie} immiNalat Will /30 libitad ab

do*, dock and lift, or -lift alone.

' I end only co the easeavent holder east :The use of the testerene . t yea tho.

• lIppthanst-regittIV 10_ thif WALI .ea..a41. akinis,4 4.01.113g . agç ba aceakattathiaak lair the 666*611Pit haderft or.

hel:41"Pritider Wuk intcinkCe.1= .M114- :-tb" 6 CA3161 C *I.111 13'1 Ch6 62-44strit. • Ito. 1/54.0t-tba. v4Kia!ltrian. 04-56Katit_ 4bau ba 131 a samba • Dat t* 66666 415146ge to lc P 169412ny, 1,0/11.1din9 WitturA

11-att4114116, 446240. .E0 ahrehhery, lamed, haloes 44141/Or ethereine

cl-lattarb . rba-10t Obotr.

foe lot t'5fl'utr. Ith4. 11 .124. . te4g4"ible. latdatBinintl . ' the "1"52*-11; ' C /10/43fitii4Val ...ratiblig.las.=e-AirlittlAtOscf „the Ann.,

It the let owner aimless to illetan C foram en hie epee side. iM . toto t be located in the IA , MA. detinit• to Strilide 6CV460to the - bsam dock, .

miner alay-ccorrgy. !Dr tria4Stett.'y idteteat In a Pedestrleri eaei t other- than zigoolteneeealy teich --,the sale Cr tranTOW

`44-.44t1* 1°t... - '41. 110"

• "

ale ..0Yli - the A _Ip=itscluaLUx 671C169 tr:0024 Ingto__61:9VOY61_ 002,614.th6..shareUrtA6-6.i .:;.er4.111.*P■dg..lifere0471.0a2,66666etWom4r..1;

the 0vn4-i ot the lñt no *Mob - the easenent le - locateds. a no eaent eey

_ . mot Liam oner (13 oft -enter lbc - tower have ast interest_ mar

oa,- eoaller - teneeholsge wV3.1 d /2'3 414";ePt4Ibl'P

(2') oveshaeon Are serndetorip nal it is atrreed Met would eneativety

t.

2°' off the Stria-lc-M-0'Z

21. bIons 020-11 as. but nat_neresoarily / 1b. irb4 to For Sala earEr 8412'11 he 11-44"'ll VA 4. glee 00ltrtg-e4-. t 3 ' 1,22=. lt,ive at tba. lactept. fol. _ow defects in,

11- eat he sosamosible-ark ter/ laaY a hlisteoeesa

vfer all repairs to end eolotorkaoto . .

tailure220*r., aoa'ab314* b".t-9144-1:1: 42.4Abrrialaiat`e. of are/ toeta. 101 or soeei.ohow.alealslion. aerterit.44.30ene:mitshalito

iim29.7Y ,

turettent CO the PrOatatboali 0rabal1br-3ar". _ 464'4-4 CD‘252antig.-and..1441.tr.14t- .1a7thai.

arA51 . afteee't --sati .rtei-aith..the ,o-no siesta tea- %big 11.4Fles,Cf4teal., _ i the inpaiat Clenotoy

uj all - lee e/othihtt itutereso n

'2°°3414' --beIrrblAiln.g -

•

oil m2E,, .0 tor:rty:*6cct4151. (a.olo goo,„=" "riocids cif

ustIeee,ttria...itoa - by the

aft ehleit tine .,he Leon:Mal, esteentien.11Y..toir. 411

. 7.6to in thk-Doea-1-11'. entitled rb *eh.

=um. wassuice, LavenCH Damonatarr Warciagruar 'bag macutaa

b•Es01601-1•xt4 reaciart-ti'da Oa* 42,14 4all Of itfAMDAILL44 r - _ • arm? MUM matvanasyr coaroataxot, a riatida taggyarin;an -

4.1202 .0111 74051-D;k4

- L'OCOM OF thstt)

'The fOrisjoir9 Inorromont ton e.etnowlovpitet kwtfore tbi of

192y. .doiisph I. beirdi, i.1 th h%L44t, and asaLrfisureg ylouneal.a.

a-9 the+s69941971 at 4af Ltir44130,0 bt.odimatcc.coirpraxiod, IP/Orid&ottrtoration, act InOlolf . . . _ ' tht ctoorotion. Ugly ate both zintnontlly known to be owl did - rth &mkt oil *aut.

ISPpt• Xitat Of -1OtarV

,,rf4- 11 ;.• ' ?40-

'

iii1u(74 oano 2o.02 ION FEE_ 4.no

TOTA1.:

4.00107±,,

4

34656-1176

Box 1176, New Pott Richey, FL

Gulf Landings

Development

Corp., P.

11N111111111111111111 2610109792

AMENDMENT TO DECLARATION OF COVENANTS AND REsnucnon, GULF HARBORS SEA FOREST, AND SUPPLEMENTAL DECLARATION OF COVENANTS

AND RESTRICTIONS - SEA COLONY

THIS AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS, GULF HARBORS SEA FOREST, AND SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS, SEA COLONY (the "Amendment") is made and entered into this 25th day of septerther, 19'46 , by Gulf Landings Association, Inc., DIA Gulf Harbors Sea Forest Association, a Florida not-for-profit corporation (the "Association") and Gulf Landings Development Corporation, a Florida corporation ("Developer").

Rept: 43070 Rae; 28.50 WITNESSETH: Os: e.ee IT: 0.00

06/31/00 Opty Clerk

WHEREAS, the Association is the homeowners association and governing body for that certain development known as "Gulf Harbors Sea Forest" located in Pasco County, Florida, and more particularly described on Exhibit "A" attached hereto and made a pan hereof (the "Development"), which Development is subject to that certain Declaration of Covenants and Restrictions, Gulf Harbors Sea Forest dated February 8, 1983, made by Lindrick Corporation and recorded in the Public Records of Pasco County, Florida, at O.R Book 1234, Page 625, et.seq. as the same has been supplemented by that certain Supplemental Declaration of Covenants and Restrictions, Sea Colony, dated November 2, 1994, made by Developer and recorded in the Public Records of Pasco County, Florida at O.R. Book 3360, Page 1955, et seq. (collectively, the "Declaration"); and

WHEREAS, the Association and the Developer are each desirous of amending the Declaration as herein provided and the Association by a majority vote of the Owners of all Lots within the Development, as evidenced by a certified copy of resolutions of the Board of Directors of the Association attesting to the affirmative action of the requisite number of such owners, has approved and adopted the amendments to the Declaration contained herein.

NOW, THEREFORE, the Association and the Developer do hereby amend and modify the Declaration in accordance with the terms of this Amendment

1. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference for all purposes as if fully set forth herein.

2. Certain Capitalized Terms. The capitalized terms used herein which are not otherwise defined herein shall have the meanings ascribed to such terms in the Declaration.

3. Modification of the Term "Common Area". Article 1, clause (f) and entitled "Common Ares" is hereby modified and amended to read as follows:

"Common Area" means all of the real property so designated on any recorded subdivision plat of the Development; all real property which may be later

OP BK 4434 PC 488 2 of 6

added to the Development as Common Area and all real property acquired by the Association, whether from the Declarant or otherwise, together with all improvements which may be at any time constructed thereon, including, but not limited to, recreational and community facilifies, designated water courses, and surface water management systems as permitted by the Southwest Florida Water Management District (or any successor agency) including all lakes, retention areas, water management areas, ditches, culverts, structures and related appurtenances.

4. Modification of Certain Common Area Maintenance Obligations. Article II, Paragraph A, subparagraph 3 of the Declaration entitled "Maintenance" is hereby modified and amended to reed as follows:

"3. Maintenance. Maintenance of the common properties, including without limitation the surface water management systems now or hereafter comprising a part of

the Common Area, and repairs to any improvements thereon shall be the obligation and the responsibility of the Association."

5. Amendment to Article XV of Declaration and Paragraph 23 of Supplemental Declaration. Article XV of the Declaration and Paragraph 23 of the Supplemental Declara-tion are herewith deleted in their entirety and the following is substituted therefor:

Tam and Amendment. The provisions of this Declaration shall affect and run with the land and shall exist and be binding upon all parties claiming an interest in the Development until January 1, 2008, after which time the same shall be automatically extended for successive periods of twenty-five (25) years each unless the same shall have been amended by the affirmative vote of a majority of the Owners of all Lots in the Development entitled to vote and recording an amendment to this Declaration duly executed by (a) the requisite number of such Owners required to effect such amend-ment; or (b) the Association, in which latter case, such amendment shall have attached to it a copy of the resolution of the Board of Directors attesting to the affinnative action of the requisite number of such Owners to effect such Amendment, certified by the Secretary of the Association, and which Amendment(s) will go into effect immediately upon the recording of such Arnenclrneni(s), or such later effective date as shall be provided in said Amendment(s); provided, however, that any Amendment(s) which affect or purport to affect the surface water management systems which are a part of the Common Area which must have the prior written consent of the Southwest Florida Water Management District, or its successor, which consent shall be attached to any such Amendment(s) and recorded with the same.

6. Ratification. Except as modified or amended hereby, the remaining terms and provisions of this Declaration shaft remain in full force and effect and hereby ratified and affirmed for all purposes.

7. Paragraph Headings.The paragraph headings used herein are for convenience of

OP OK 4434 PO 489 3 of 6

reference only and are not to be used in the construction or fitterpretation hereof

8. Binding Effect. This Amendment shall be binding upon the Association, all Owners, the Declarant and their respective heirs, personal representatives, successors and assigns, and shall be deemed to ma with the land in accordance with the terms of the Declaration.

IN WITNESS WHEREOF, the Association and the Declarant have executed and delivered this Amendment as of the day and year first Written.

GULF LANDINGS ASSOCIATION, INC. A Florida not•for-profit corporation

is/4w (Printed Name of Witness)

• GULF LANDINGS DEVELOPMENT _ CORPORATIa Florida corporation

//six4/ Y. in, 44-, (Printed Name of Witness)

Margaret E. Mountain Secretary

STATE OF FLORIDA COUNTY OF PASCO

The foregoing instrument was acknowledged before me this 25th day of septentee 1996 by J.R. porda and M.E. Mountain , as President and Secretary, respectively, of Gulf Landings Association, Inc , a Florida corporation, on behalf of said corporation. They are personally known to me or have produced as identification and did not take an oath.

My Commission Expires: it-/e , Notary Public ,

f 1

• I 5

'1 •

- • ' .; •

. .

•

STATE OF FLORIDA to 6X 4434 PG 490 COUNTY OF PASCO 4 *r a The foregoing instrument was acimovdedged before me this oth day of SePtenber , 1996 by J.R. Eocda And M.E. Mountain , as President

and Sammy, respectively, of Guifiandings Development Corporation, a Florida corporalion, on behalf of said corporation. They are personally known to mg or have produced as identification and did not take an oath.

My Commission Expires: 9-I' -.P1P Notary Public

•

.......

t ) ._ • -1

:.= el •

..... •

.,.••,

EXHIBIT "A"

Declaratial of Oavenants and PaStriCtials

HARECRS SEA EIDREST tx 4434 PG 491

5 to

LEGAL DESCRIPTION

GULF HARBORS SECTION 40 UNIT I

A PARCEL OF LAND LYING IN SECTIONS 6 MD 7, TOWNSHIP 26 SOUTH, RANGE 16 EAST,

PASCO COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COICENCE AT THE SOUTHEAST CORNER OF SECTION 6 AND RUN N 89•37'0514 1759.87 FEET

ALONG THE SOUTH BOUNDARY LINE or SECTION 6 70 THE POINT . OF BEGINNING (P.O.B•);

THENCE CONTINUE . ti 890379511, 10.27 FEET; THENCE BY A NON-TANGENT CURVE 70 THE

LEFT HAVING A RADIUS OF 640.00 FEET, A CENTRAL ANGLE OF 41°45 14B", A CHORD BEARING

S 31°11'36"E1 456.24 FEET; AN ARC DISTANCE OF 466.50 FEET; THENCE S 37°55'30'W,

70.00 FEET; THENCE BY A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 710.00

FEET, A CENTRAL ANGLE OF 52'13'01", A CHORD BEARING N 25•5B'00"14, 624.90 FEET,

AN ARC DISTANCE OF 647..06 FEET; THENCE N 00°013 131"E; 120.00 FEET; THENCE BY A

CURVE TO THE RIGHT HAVING A RADIUS OF 535.00 FEET, A CENTRAL ANGLE OF 29°51'29",

A' CHORD BEARING H 15°04 116E, 275.66 FEET, AN ARC DISTANCE OF 278.80 FEET; THENCE

N 30°00 10CrE, 263.56 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 610.00

FEET, A CENTRAL ANGLE OF 60°00'00", A CHORD BEARING DUE NORTH, 610.00 FEET, AN

ARC DISTANCE OF 638.79 FEET; THENCE N 30°00 100"W, 104.21 FEET; ?HENCE BY A CURVE

10 THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 22°50'00", 106.89

FEET, AN ARC DISTANCE OF 107.60 FEET; THENCE BY A CURVE TO THE LEFT HAVING A.RADIUS

OF 270.00 FEET, A CENTRAL ANGLE OF 39°50'00", A CHORD BEARING 11 27°051 0011, 183.95

.FEET, AN ARC DISTANCE OF 187.71 FEET; THENCE N 47°00 1

00"14, 57.23 FEET; 'THENCE BY

A CURVE TO THE RIGHT HAVING RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 26008 1 50",

A CHORD BEARING N 33°55'3511, 126.67 FEET, AN ARC DISTANCE 01 127.78 FEET; 'THENCE

BY A CURVE 70 THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 69°001 19n ,

A CHORD BEARING N 55°211911, 28.32 FEET, AN ARC DISTANCE OF 30.11 FEET; THENCE

N 119°51'2914, 21.93 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 25.00

FEET, A CENTRAL ANGLE OF 139 008'30, A CHORD BEARING S 20°34'15"W, 46.86 FEET, AN

ARC DISTANCE OF 60.71 FEET; THENCE S 41°00'004, 50,00 FEET; THENCE N 49000 1 00"W,

21.29 FEET; THENCE S 41°00'00"W, 165.00 FEET; THENCE N 49000 1 00"W, 19.82 FEET;

THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF

67°07'35", A CHORD BEARING N 132 °33'4814, 66.34 FEET, AN ARC DISTANCE OF 70.30 FEET;

THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF

22°52'25", A CHORD BEARING S 52°26'11W, 132.85 FEET, All ARC DISTANCE OF 133.74

FEET; THENCE S 41°00'00"W, 93.08 FEET; THENCE BY,,A CURVE 70. THE LEFT HAVING A

RADIUS OF 55.00 FEET, ACENTRAL ANGLE OF 40°25'00", A CHORD BEARING S 20°47'30"W,

38.00 FEET; AN ARC DISTANCE OF 38.80 FEET; THENCE S 00 .35 100"W, 318.48 FEET; THENCE

/ BY A CURVE TO THE RIGHT HAVING A RADIUS OF 455.00 FEET, A CENTRAL ANGLE OF 42°00

1 00 1

A CHORD BEARING S 21°35'00"W, 326.12 FEET, AN ARC DISTANCE OF 333.53 FEET; THENCE

BY A CURVE TO THE LEFI.HAVING A RADIUS OF 1318;39 FEET. A CEN' , ANGLE OF 12•11 1 23s

A CHORD BEARING S 36°29'19"W, 279.96 FEET, All ARC DISTANCE OE . 49 *FEET; THENCE

N 42•46'44 4W, 220.15 FEET; THENCE BY A CURVE TO THE LEFT HAVING:4% RADIUS OF 755.00

,• FEET, keENTRACANGLE OF 39°13'16% A CHORD BEARING N 62°23 122"W, 506.79 FEET, AN

ARC DISTANCE OF 516.83 FEET; THENCE N 82°00'0011, 523.92 FEET; THENCE BY A NON-

TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 677.68 FEET, A CENTRAL ANGLE OF

73'5&'5O , CHORD BEARING N 32°34'33"E, 815.18 FEET, All ARC DISTANCE OF 874.63

OR OX 4434 PG 492 of j

FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 123.37 FEET, A CENTRAL

ANGLE OF 93°00'00", A CHORD BEARING N 23°02'58E, 178.93 FEET, AM ARC DISTANCE

OF 200.25 FEET; THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 546.31 FEET, A

CENTRAL ANGLE OF 33 004 1 38", A CHORD BEARING N 39°59'2111, 311.03 FEET, AN ARC

DISTANCE OF 315.39 FEET; - . THENCE N 88°00 1 00E, 694:68 FEET; THENCE N 59°08 1 00E,

245.30 FEET; 1HENCE 5 38°4446"E, 385.67 FEET; THENCE 5 . 49°54'06'E, 247.17 FEET;

THENCE BY A MON-TANGENT CURVE ID THE RIGHT HAVING A RADIUS OF 275.00 Fier, A

CENTRAL ANGLE OF 14°39'59", A CHORD BEARING M 82°48 1 31E, 70.20 FEET, AN ARC

DISTANCE OF 70.35 FEET; THENCE 5 89°51'29"E, 229.18 FEET; THENCE BY A CURVE TO

THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91°44'34", A CHORD

BEARING N 44°16 1 14"E, 35.89 FEET, AN ARC DISTANCE OF 40.03 FEET; THENCE BY A

CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET, A CENTRAL .ANGLE OF 9144'34,

A CHORD BEARING N 00°43 1 4611, 8.52 FEET, AN ARC DISTANCE OF 8.52 FEET; THENCE

5 89°51'29E, 70.00 FEET; THENCE BY A NON-TANGENT CURVE . TO THE LEFT HAYING A

RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 470E1'31", A CHORD BEARING $ 23 • 25 1 44"E,

167.95 FEET, AN ARC DISTANCE OF 1 .72.78 FEET; THENCE 5 47°00'00"E, 57.24 FEET; .

THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 340.00 FEEL - A CENTRAL ANGLE OF

39°50'00", A : CHORD BEARING 5 27°0500"E, 231.64 FEET, AN ARC DISTANCE OF 236.38

FEET; THENcE.BY.A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, A CENTRAL

ANGLE OF 22 9 '50'00", ..A1 CHORD BEARING $ 18°35 1 00"E, 79.18 FEET, AN ARC. DISTAACE

OF 79.70 FEET; THENCE 5 30°00 1 00"E, 104.21 FEET; THENCE BY A CURVE TO THE RIGHT

HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 6006'00", A CHORD BEARING

5 00°00'00"E, 680:00 FEET, AN ARC DISTANCE OF 712.09 FEET; THENCE 5 30°00 1 00"W,

263.56 FEET; THENCE BY A CURVE TO THE LEfT HAVING A RADIUS'OF 465.00 FEET, A

CENTRAL ANGLE OF 12°37'08", A CHORD BEARING S 23°41 1 26"H, 102.21 FEET, AN ARC

DISTANCE OF 102.41 FEET; THENCE S 00°08'31"W, 373.97 FEET TO THE P.O.B.

CONTAINING 42.21 ACRES, MORE OR LESS.

O.R. 1234 PG 00636

. - :.•..•,.., ,.•