07/24/2014 03:03 PH Instrument# 2014-131959 # 1
Book: 7013 Page: 3865
_ RECORD AND RETURN TO: South Milhaustin,P.A. Gateway Center 1000 Legion Place,Suite 1200 Orlando, FL 32801
CERTIFICATE OF AMENDMENT
to
DECLARATION OF COVENANTS AND RESTRICTIONS
for
VENETIAN BAY SUBDIVISION
WHEREAS,the Declaration of Covenants and Restrictions for Venetian Bay Subdivision (hereinafter,the "Master Declaration") was initially recorded at O.R. Book 5327,Page 3951,et. seq., Public Records of Volusia County, Florida,as amended;and
WHEREAS,the Declaration defines "Developer"to mean and refer to original Developer Venetian Bay of New Smyrna Beach, L.L.C., and its successors and assigns; and
WHEREAS, GEOSAM CAPITAL US (VENETIAN BAY) LP, a Delaware limited partnership (hereinafter,"Geosam")succeeded to the rights of the original Developer as the "Developer" pursuant to the Master Declaration; and WHEREAS,Section 5.1 of the Master Declaration provides that the Developer reserves the right to amend, modify,or rescind such parts ofthe provisions ofthe Master Declaration so long as such amendment or modification does not substantially change the character, nature or general scheme ofdevelopment ofthe subdivision;and WHEREAS,Section 720.308(1), Florida Statutes, provides in paragraph (a)thatthe share of assessment obligation among lots may differ based upon the state of development thereon, levels of services received or other relevant factors; and WHEREAS,the sixth grammatical paragraph of Section 4.3 ofthe Master Declaration, as amended, provides among other things that neither the Developer nor its Affiliates shall be obligated to pay assessments on any vacant lots and "model homes";and WHEREAS, pursuant to Section 1.2 of the Master Declaration, along with the DEVELOPMENT PLAN and Article IX ofthe Declaration of Covenants,Conditions and Restrictions for Savannah Pointe at Venetian Bay (hereinafter, "Savannah Pointe Declaration"), initially recorded at O.R. Book 6040, Page 143, et seq., Public Records of Volusia County, as amended, the parcel owners in Savannah Pointe at Venetian Bay are subject to assessment by the Venetian Bay Homeowners'Association (hereinafter"Master Association"); and
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