08/17/2004 10:44 AM Instrt.llllertt# 2004-205556 Book: 5383 Page: 1251
This document prepared by and return after recording to: Jeffrey P. Brock~ Esq. Post Office Box 15200 Daytona Beach, FL 32115
Amendment, First, To Declaration Of Covenants, Restrictions For Venetian Bay Subdivision New Smyrna Beach, Volusia County, Florida
This Amendment, First, to the Declaration of Covenants and Restrictions for Venetian Bay Subdivision, recorded May 26, 2004 in Official Records Book 5327 Page 3951 et seq of the Public Records of Volusia County, Florida ("Declaration") made this 23rd day of July, 2004 ("Effective Date") by Venetian Bay of New Smyrna Beach, LLC, a Florida limited liability company (Developer)joined by Venetian Bay Homeowners' Association, Inc. ("Association").
WITNESSETH
WHEREAS, Section 5.1 of Article V of the Declaration reserves the right to the Developer the right to amend, modify, or resend such parts of the Declaration or any recorded plat as it, in its sole discretion, deems necessary; and, WHEREAS, Article VIII of the Declaration reserves the right to the Developer to convey any undivided interest in the Common Areas to the Associations for the purpose of effectuating the purposes ofthis Declaration; and, WHEREAS, Section 1.1 of Article I of the Declaration defines Associations to include the Owners Association and any Neighborhood Associations; and WHEREAS, the plat of Venetian Bay Subdivision- Phase lA recorded in Map Book 51 Pages 1-15 of the Public Records ofVolusia County, Florida identifies Tract J as a common area and Note 23 on said plat states that Venetian Bay Homeowners Association shall manage and operate the common areas identified on said plat and, WHEREAS, Developer desires to amend and modify the Declaration such that Tract J is a common area to be managed and operated by the Neighborhood Association known as The Villas at Venetian Bay Homeowners Association, Inc. and said Tract J, and any future amenities or improvements constructed thereon, shall be for the exclusive use of owners of lots 190 through 294 inclusive, their families and guests,
NOW THEREFORE, Developer joined by Association, hereby amend and modify the following Articles and Sections of the Declaration:
I. Section 1.1 (c) of Article I is hereby amended and restated as follows:
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