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EXHIBIT D
<br />the Common Areas for ingress, egress, installation, reading, replacing, repairing and maintaining
<br />utility meters boxes, installation equipment, service equipment, and any other device, machinery
<br />or equipment necessary for the proper functioning of the utility; however, the exercise of this
<br />easement shall not extend to unauthorized entry into the Dwelling on any Homesite, except in an
<br />emergency. Notwithstanding anything to the contrary contained in this Section, no sewers,
<br />electrical lines, water lines, or other utilities may be installed or relocated on the Property, except
<br />as may be approved by the Board or Declarant.
<br />D.CommercialUses
<br />While the initial development plan for the Bayside CrossingSubdivision features a
<br />residential community, this plan is subject to change and may be expanded to include
<br />commercialuses. Any additional land that may be annexed into the Bayside Crossing
<br />Subdivision for commercial purposes may be subject to the jurisdiction of the Association.
<br />E.Reserves
<br />Owners of Lots within the Subdivision are advised that there existin the Subdivision
<br />Restricted Reserve “A”restricted in its use to landscape; Restricted Reserve“B”, restricted in its
<br />use to landscape/drainage, Restricted Reserve “C” restricted in its use to Park use, andRestricted
<br />Reserve “D” restricted in its use to detention/landscape/recreation; and Restricted Reserves “E”
<br />and “F”restricted in their use to Landscape/pipeline Easement (hereinafter collectively referred
<br />to as the "Restricted Reserves"). Owners hereby acknowledge that the Association, its directors,
<br />officers, managers, agents, or employees, the Declarant or any successor declarant have made no
<br />representations or warranties nor has any Owner or Occupant relied upon any representations or
<br />warranties, expressed or implied, relative to thesafety, any use, and/or any future change in use
<br />of the Restricted Reserves.
<br />Each Owner of a Lot within the Subdivision hereby agrees to (a) release the Declarant
<br />and the Association, and their respective successors and assigns, from any liability for the
<br />placement, construction, design, operation, maintenance and replacement in or of the Restricted
<br />Reserves, and (b) indemnify each of such released partiesfrom any liability arising out of or
<br />related to such Lot Owner's use of a Restricted Reserve. Owners further grant an easement to the
<br />Declarant and the Association for any incidental noise, lighting, odors, parking and/or traffic,
<br />which may occur in the normal operation of the Restricted Reserves. There is further reserved
<br />for the Declarant, the Association and/or their designees an easement for the overspray of
<br />herbicides, fungicides, pesticides, fertilizers, and water over portions of the Subdivision located
<br />adjacent to the Restricted Reserves. The Declarant, its successors and assigns, and/or the
<br />Association have the right to promulgate rules and regulations governing the use of the
<br />Restricted Reserves. Owners whose lots are adjacent to or abut the Restricted Reserves shall
<br />take care and shall not permit any trash, fertilizers, chemicals, petroleum products,
<br />environmental hazards or any other foreign matters to infiltrate the Restricted Reserves. Any
<br />Owner permitting or causing such infiltration shallindemnify and hold harmless the Association
<br />for all costs of clean up and remediation necessary to restore the Restricted Reserves to its
<br />condition immediately prior to said infiltration.
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<br />Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.
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