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<br />e
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<br />and to which will be delegated and assigned the powers of maintaining and operating the Flood
<br />Control Facilities, the Common Areas and improvements, administering and enforcing this
<br />Declaration, and collecting and disbursing the assessments and charges hereinafter created; and
<br />
<br />WHEREAS, the Property Owners Association, mc, has been or
<br />will soon be organized under the Texas Non-Profit Corporation Act as a non-profit corporation
<br />for the purpose of exercising the aforesaid functions,
<br />
<br />NOW, THEREFORE, Declarant, for itself, its successors and assigns, and the Owners,
<br />for themselves and their successors and assigns, declare that the Development is and shall be
<br />owned, held, transferred, sold, cony eyed and occupied subject to the covenants, restrictions,
<br />easements, charges and liens (sometimes hereinafter collectively referred to as "Covenants and
<br />Restriction") hereinafter set forth.
<br />
<br />ARTICLE I
<br />DEFINITIONS
<br />
<br />The following words, when used in this Declaration or any Supplemental Declaration
<br />(hereinafter defined) shall, unless the context otherwise prohibits, haye the meanings set forth
<br />below:
<br />
<br />(a) "City" means the City of La Porte, Texas
<br />
<br />(b) "Association" shall mean and refer to the Property Owners
<br />Association, Inc., an existing or soon to be existing non-profit corporation under the laws of the
<br />State of Texas, created for the purpose of acting on behalf of the Owners, such Association
<br />being more particularly described and proyided for in Article III of this Declaration.
<br />
<br />(c) "Board of Directors" shall mean and refer to the Board of Directors of the
<br />Association.
<br />
<br />(d) "Deyelopment Agreement" shall mean this agreement entered into between La Porte
<br />81, Ltd; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner and
<br />attorney in fact respectively; and their Successors and Assigns (Owner-Developer) and CITY OF
<br />LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of
<br />,2002.
<br />
<br />(e) "Common Areas" shall mean and refer collectively to (i) the land subject to the
<br />easements conveyed or granted pursuant to Article IV, (ii) the Flood Control Facilities, (iii) any
<br />landscaping reserves, greenbelt reserves, street or bouleyard esplanades, and (iv) other areas
<br />established from time to time for the purpose of proyiding open space for aesthetic uses, in
<br />common, for the Owners and their respective lessees, licensees, employees and agents, and the
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