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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, Inc. has been or will
<br />soon be organized under the Texas Non-Profit Corporation Act as a non-profit corporation for
<br />the purpose of exercising the aforesaid functions.
<br />
<br />NOW, THEREFORE, Declarant, for itself, its successors and assigns, and the Owners, for
<br />, themselves and their successors and assigns, declare that the Development is and shall be owned,
<br />, held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,
<br />charges and liens (sometimes hereinafter collectively referred to as "Covenants and Restriction")
<br />hereinafter set forth.
<br />
<br />ARTICLE I
<br />DEFINITIONS
<br />
<br />The following words, when used in this Declaration or any Supplemental, Declaration
<br />(h~reinafter defined) shall, unless the context otherwise prohibits, have 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~cting on behaltofthe Owners, such Association being
<br />more particularly described and provided for in Article III of this Declaration:
<br />
<br />(c) "Board of Directors'! sha.Il mean and refer to the,Board of Directors of the
<br />Association. ' ,-
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<br />(d) "Development Agreement" shall mean this agreement entered into between La Porte
<br />81, Ltd; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, Gen~ral Partner and
<br />attorney in fact respectively; Daetwyler Enterprises Corporation, a California Corporation with
<br />offices at 6277 East Sla\Jsen Avenue, Suite 100, Los Angeles, Los Angeles County, California;
<br />and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a
<br />Texas Municipal Corporation ("City") on the day of . 1999.
<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, (Hi) any
<br />landscaping reselVes, greenbelt reselVes, street or boulevard esplanades, and (iv) other areas '
<br />established from time to time for the purpose of providing open space for aesthetic uses, in
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