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AMENDMENT TO <br />DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS <br />PORT CROSSING <br /> This Amendment of Declaration of Protective Covenants and Easements Port Crossing is <br />executed upon the following terms and conditions. <br />Factual Recitals <br />A. Declaration of Protective Covenants and Easements Port Crossing <br />("Declaration") was recorded under Harris County Clerk's No. 20070587011 on September 26, <br />2007, to encumber approximately 300 acres of land known as "Port Crossing located in La Porte, <br />Harris County, Texas" (the "Property"). <br />B. Liberty Property Limited Partnership, a Pennsylvania limited partnership, was <br />assigned all interest as the "Developer" of the Property by Assignment of Developer Rights <br />recorded in Harris County Clerk's File No. 20150414841 recorded on September 11, 2015 (the <br />"Assignment"), and therefore succeeds all rights of the Developer. <br />C. Article 13 "Amendments" of the Declaration provides that the Declaration may be <br />amended at any time by writing executed by the fee owners of real property within the Property <br />equal to at least two-thirds of the total square footage in the Property, plus the Developer. <br />D. The Declaration is referenced in the Special Conditional Use Permit ("SCUP") for <br />Port Crossing approved by the City as SCUP No. 15-91000004, dated September 24, 2015. <br />E. The parties desire to amend the Declaration <br /> NOW THEREFORE, for Ten Dollars and other good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, the undersigned amend the Declaration <br />as follows: <br />1. Article 3, Section G is deleted in its entirety and replaced with the following: <br /> "G. Outside Storage or Operations; Screening. No outside storage of any kind <br />shall be permitted except as expressly provided herein, or as otherwise approved in writing <br />by the Board. Retail sales equipment may be displayed outside in a manner which is <br />architecturally compatible with the other improvements on the Tract, with the approval of <br />the Board. Water towers, cooling towers, communication towers, fans, exterior processing <br />equipment, storage tanks, roof-top equipment, ground-mounted equipment, and any other <br />similar structures or equipment are permitted, provided that they are either (i) <br />architecturally compatible with the other improvements on the Tract, or (ii) effectively <br />screened from view from any public or private street in a manner approved by the Board. <br />All screening devices shall be subject to compliance by laws, regulations, codes and <br />ordinance of all applicable governmental authority. <br /> Articles, goods, materials, incinerators, storage tanks, boats, trailers, campers, <br />horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or <br />C:\\Users\\SanchezG\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\DHK5HCCW\\Ex. D to Dev Agmt - <br />Port Crossing - Declaration.docx <br />2 <br /> <br />