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garage is built, said easement running with the land. It shall be the owner's duty and obligation to maintain and repair said driveway in good condition. 1be driveway to a garage is to be for the exclusive use of the garage owner. No driveway shall be constructed, maintained, altered or permitted to exist on any Common Area or Lot if the driveway obstructs or would obstruct or significantly impede the flow of surface drainage in the area adjacent to the Lot or in the slit:et right-of-way or swale area, adjoining or abutting the Lot. No driveway shall be constructed of a material such as mulch that is subject to displacement by stormwater. Except where operation, maintenance and management is more appropriately vested in a Neighborhood Association, the Owners Association shall operate, maintain and manage all Common Areas, all islands located in the streets, all private roads and all road rights-of-way which are not maintained by the City of New Smyrna Beach, whether or not such Common Areas, islands or road rights-of-way are shown on a plat. It is intended that the Owners Association shall maintain all rights-o1~way and all islands, as well as all Common Areas, not specifically and more appropriately under Neighborhood Association ownership and maintenance. The Owners Association and all Neighborhood Associations must accept any deed to the above-described areas from the Developer when tendered by the Developer. The Developer is authorized to record such deeds prior to delivering same to the Owners Association or to a Neighborhood Association. The Owners Association shall enforce the restrictions and covenants contained herein, and shall undertake and perform all acts and duties necessary and incident to such duties, all in accordance with the provisions of this Declaration, the Articles of Incorporation and By-Laws of said Owners Association. The Owners Association shall be responsible for the maintenance, operation and repair of the surface water or stozmwater management system. Maintenance of the surface water or stormwater systems shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by St. Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shal1 be as pennitted, or, if modified, as approved in writing by the St. Johns River Water Management District. The Owners Association shall manage l and maintain all discharge facilities, and shall manage, maintain, monitor and, where applicable, preserve natural assets and materials located within the Drainage Areas and Conservation Easement Areas, including, but not limited to, groundwat·~r. wetlands, lakes, ponds, 9
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