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A TRUE COPY
<br /> CERTIFICATION ON LAS1
<br /> J . R . SMITH , CLERK
<br /> discharge , flowage and passage of water and stormwater as is or may from time to time occur
<br /> or be generated from the Property , and for the purposes of constructing , installing , servicing ,
<br /> operating , maintaining , inspecting , repairing , replacing , connecting or renewing the
<br /> drainage/detention system .
<br /> 2 . Vista shall be liable for the maintenance , repair and replacement of the entire
<br /> stormwater management easement area and all stormwater management facilities designed
<br /> and operated under this Permit. Maintenance of the surface water or stormwater management
<br /> system (s) shall mean the exercise of practices which allow the systems to provide drainage,
<br /> water storage, conveyance or other surface water or stormwater management capabilities as
<br /> permitted by the St. Johns River Water Management District. Any repair or reconstruction of the
<br /> surface water or stormwater management system shall be as permitted , or if modified as
<br /> approved by the St. Johns River Water Management District.
<br /> 4 . " Drainage/Retention" and "Surface Water or Stormwater Management System"
<br /> shall mean a system which is designed and constructed or implemented to control discharges
<br /> which are necessitated by rainfall events, incorporating methods to collect, convey , store,
<br /> absorb , inhibit, treat, use or reuse water to prevent or reduce flooding , overdrainage ,
<br /> environmental degradation , and water pollution or otherwise affect the quantity and quality of
<br /> discharges from the system , as permitted pursuant to Chapters 4004, 40G40, or 40642 ,
<br /> F .A. C .
<br /> 5. This Drainage Easement Agreement and the easements, restrictions, rights,
<br /> obligations, and liabilities created hereby , shall be perpetual , shall be appurtenant to and run
<br /> with title to the land affected hereby, and shall be binding upon and inure to the benefit of the
<br /> parties hereto and the respective heirs, successors and assigns , including , but without
<br /> limitation , all subsequent owners of the property described herein and all persons claiming
<br /> under them .
<br /> managing and containing the flow of excess surface water, if any, found upon a to time to
<br /> ti ` e. Each lot owner, including builders, shall be responsible for the m ' ance , operation
<br /> d repair of the swales on the lot. Maintenance, operation and r shall mean the exercise
<br /> f practices, such as mowing and erosion repair, which the swales to provide drainage,
<br /> water storage, conveyance or other stormwater ement capabilities as permitted by the St.
<br /> Johns River Water Management District. g , excavation, construction of fences or otherwise
<br /> obstructing the surface water fl ' the swales is prohibited . No alteration of the Drainage
<br /> le shall be authoriz d any damage to any Drainage Swale, whether caused by natural
<br /> o anmade Mena , shall be repaired and the Drainage Swale returned to its former
<br /> con rti soon as possible by the Owners) of the Lot(s) upon which the Drainage Swale is
<br /> 7 . The St. Johns River Water Management District shall have the right to enforce,
<br /> by a proceeding at law or in equity, the provisions contained in the Deed Restrictions, which
<br /> relate to the maintenance , operation and repair of the surface water or stormwater management
<br /> system .
<br /> a . No modification or alteration shall be made to the stormwater management
<br /> easement area or the stormwater management facilities without the prior written approval of the
<br /> St. Johns River Water Management District.
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