Book: b::l2t Page: 3961
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No change in the Covenants which would materially alter the character of the Venetian Bay Community or the permitted use of the lands and structures within the Venetian Bay Community shall be made without the prior approval of the City Commission of the City of New Smyrna Beach. Any amendment to the Covenants which alter any provision relating to the surface water or stonnwater management system, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior written approval of the St. Johns River Water Management District. · The Developer or its successors, subject to approval of the District and the City of New Smyrna Beach regarding amendments to Conservation Easement Areas, shall solely retain the right to amend or replat the plats ofthe present and any future phases and units of the Subdivisions, without requiring concurrence by the Associations, Lot Owners or Dwelling unit owners, provided amendments are consistent with Article Vffi of this Declaration. Association shall be responsible for the · operation and repair of the surface water or stOJmwater management system. Maintenance of the surface water or stormwater management system shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the Saint Johns River Water Management District. Any repair or reconstruction of the surface water or &tonnwater management system shall be as pemutted or, if modified, as approved in writing by the Saint Johns River Water Management District. The Owners Association shall have a perpetual non-exclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the system. By this easemtmt, the Association shall have the right to enter upon any portion of any Lot which is a part of the surface water or stounwater management system, at reasonable times, and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Owners Association shall have a perpetual non-exclusive easement for drainage over the entire surfru:e water or stonnwater management system. No person shall alter the drainage flow of the surtace water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District. The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the II
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