04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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. . (b) Notwithstanding the foregoing, the easement, licenses, rights and privileges , established and created with, respect to the Development by Article IV shall be perpetual, shall run with the Development and shall survive any destruction, reconstruction and relocation of the physical structures, unless (i) said provisions are abrogat.ed by the unanimous written conse(1t of all the Owners, or (ii) any of said easements~ licenses, rights or privileges are abandoned or are not used for a continuous period of twelve (12),months in which events the easement, license, right or privilege in question shall automatically terminate. (c) Except as specifically prohibited herein, this Declaration may be amended by (i) an instl1:lment signed by the Members holding not less than seventy-five percent (75%) of the votes of the Association or by an instrument signed by the President of the Association a~esting that such instrument was approved by Members entitled to vote seventy-five (75%) of the votes of the Association at a meeting of the Members called for such purpose, pr (ii) any Supplement Declarations recorded by the Association. Any amendment must be filed of record and recorded in the Official Public Records of Real Property of Harris County, Texas to'be,effective. Notwithstanding any of the foregoi(1g, no provision of this Declaration may be amended if such provision is, 'at the time of the proposed amendment, required to be included in this Declaration by any applicable governmental law, statute, code, ordinance, rule or regulation. The foregoing sentence may ~ot be amended. Section 3. Di~osition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and .personal assets, including the Common Areas and Common Facilities if same have been conveyed to the Association, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be'devoted by the Association. In the event such dedication is refused acceptance, , such assets shall be granted, conveyed and assigned to any. no~-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were I:equired to be devoted by the Association. No such disposition of the ' Association properties shall be effective to divest or diminish any right .or title to any Member vested in him under the licenses, covenants and, easements of this Declaration, or under any , subsequently recorded covenants an~ deeds applicable to the Devel9pment, unless made in accordance with the provisions of this Declaration or said covenants and deeds. 'Section 4. Estoppel Certificates. Upon request by an Owner and within fifteen (15) days of such request, the Association shall provide an estoppel certificate to an .owner setting forth the status of such Owner's Tract relating to the provisions of this Declaration and the assessments of the Association; The Association may elect to charge a reasonable administrative fee to provide such certificates. Section 5. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly given and received when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Any notice shall be deemed given and, 13