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EXHIBIT D
<br />NOW, THEREFORE, Declaranthereby declaresthat the Property shall be developed,
<br />improved, sold, used and enjoyed in accordance with, and subject to the following plan of
<br />development, including the assessments, conditions, covenants, easements, reservations, and
<br />restrictions hereinafter set forth, all of which are hereby adopted for, and placed upon the Lots
<br />within the Subdivision and shall be covenants runningwith the land and be binding on all
<br />parties, now and at anytime hereinafter having or claiming any right, title or interest in the
<br />Property or any part thereof, their heirs, executors, administrators, successors and assigns,
<br />regardless of the source of, or the manner in which any such right, title or interest is or may be
<br />acquired, and shall inure to the benefit of each Owner of any part of the Property.
<br />The Property is subject to this Declaration, which may be amended or supplemented from
<br />time to time. Additionally, the Property is located within the Reinvestment Zone Number One,
<br />City of La Porte, Texas (the “TIRZ”) and is further subject to that certain Development
<br />Agreement between and among the City of La Porte, Texas, the TIRZ, the La Porte
<br />Redevelopment Authority and theDeclarant. If any conflict exists between all or anyportion of
<br />the, the ordinances of the City of La Porte, the Development Agreementor the Declaration, the
<br />more restrictive provision shall control.
<br />ARTICLE I.DEFINITION OF TERMS
<br />The following words when used herein shall have the following meanings when
<br />capitalized (unless the context requires otherwise and then the term is not capitalized):
<br />A.“ARC” means the Architectural Review Committee established for the Property as set
<br />forth in this Declaration.
<br />B.“Assessment” means the assessments levied against all Lots for the purposes set out
<br />hereinor any other charge authorized by this Declaration, the Bylaws, or rules and
<br />regulations.
<br />C.“Association” means one or more non-profit corporations, including its successors,
<br />assigns, or replacements, created under the laws of the State of Texas, with the first
<br />being the Bayside Crossing Community Association, Inc. Declarant is hereby
<br />authorized to incorporate one or more entities to provide the functions of the
<br />Association. No more than one such non-profit corporation shall be in existence at
<br />any one time. The Association is a Texas non-profit corporation thathas jurisdiction
<br />over all properties located within the Subdivision , as same may be amended from
<br />time to time as additional property is annexed into the Subdivision (hereinafter
<br />defined) as allowed under this Declaration.For purposes of clarity, when
<br />“Association” is used herein, that term includes the authority, rights, remedies and
<br />obligations of the nonprofit corporation, and the authority of the Board, as defined
<br />herein, to carry out the authority, rights, remedies and obligations of the Association.
<br />D.“Board” means the Board of Directors of the Association as provided withinthe
<br />Bylaws.
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<br />Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.
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