Instrument# 2012-236007 # 2 Book: 6799 Page: 2480
Venetian Bay Subdivision(Phase 2, Unit 1)dated September 14,2006 and recorded November 13, 2006 in Official Records Book 5951 at Pages 1067 et seq. ofthe Public Records of Volusia County, Florida (the "Fifth Supplement") (the Original Declaration, as amended by the First Amendment and supplemented by the First Supplement,Second Supplement,Third Supplement, Fourth Supplement and Fifth Supplement, is hereinafter referred to as the "Declaration") pursuant to which Original Developer subjected certain property described in the Declaration and commonly known as the "Venetian Bay Subdivision"(the "Project") to various covenants and restrictions; and
WHEREAS, Geosam succeeded to the rights of Original Developer as the "Developer" under the Declaration; and
WHEREAS, pursuant to Section 5.1 of Article V of the Original Declaration, the Developer has the right to, among other things, amend or modify portions ofthe Declaration as the Developer,in its sole discretion,deems necessary or desirable so long as such amendment or modification does not substantially change the character, nature or general scheme of development ofthe Project; and WHEREAS, the sixth grammatical paragraph ofSection 4.3 ofArticle IV ofthe Original Declaration provides, among other things, that the Developer shall not be obligated to pay assessments on any vacant lots or lands nor on any model homes which it owns within the Project; and WHEREAS, Geosam now desires to amend and modify the sixth grammatical paragraph of Section 4.3 of Article W of the Original Declaration to reflect that the foregoing exemption from the obligation to pay assessments on lots, lands and model homes shall apply to the Developer and its affiliates. NOW, THEREFORE, for and in consideration of the premises contained herein, Geosam, in its capacity as Developer under the Declaration, hereby amends and modifies the Declaration and declares as follows:
1. Recitals. The Recitals above are hereby incorporated into this Second Amendment.
2. Amendments. The Original Declaration is hereby amended and modified as ofthe Effective Date as follows:
(a) The following new paragraph a. is hereby added as the first defined term to Section 1.1 ofArticle I ofthe Original Declaration:
"a. Affiliate shall mean any person, firm, corporation, partnership, limited liability company,real estate investment trust or other entity organized by,related to or affiliated with a party, provided that such person, firm, corporation, partnership, limited liability company, real estate investment trust or other entity controls, is controlled by or is under common control with such party."
2
Made with FlippingBook - professional solution for displaying marketing and sales documents online