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07-20-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
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07-20-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
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City Meetings
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Planning & Zoning Commission
Meeting Doc Type
Minutes
Date
7/20/2006
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<br />M. <br />exclusive. <br /> <br />Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not <br /> <br />N. Restrictions Construed Together. All ofthe provisions of this Declaration shall be construed <br />liberally to promote and effectuate the fundamental concepts of the Subject Property, as set forth in the <br />Declaration. <br /> <br />O. Number and Gender. Unless the context requires a contrary construction, the singular shall <br />include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the <br />masculine, feminine, and neuter. <br /> <br />P. Estoppel Certificates. Within fifteen (15) days after receipt of a written request from any <br />Owner, the Association shall certify by written instrument, duly executed and acknowledged, to any lender, <br />purchaser or any other person specified in the request: (i) whether this Declaration has been supplemented <br />or amended, and if so, the substance of the supplement or amendment; (ii) whether the Owner is in <br />violation of any provision ofthis Declaration, and if, so, the description of the violation; (iii) the then current <br />amounts of Assessments and the status of their payment by such Owner; and (iv) any other matters may <br />be reasonably requested by the Owner. <br /> <br />Q. Captions for Convenience. The titles, headings, and captions used in this Declaration are <br />intended solely for convenience of reference and shall not be considered in construing any of the <br />provisions of this Declaration. <br /> <br />R. Force Majeure. "Force Majeure," as used herein, shall mean any delays in performance by <br />a party required hereunder due to strikes, riots, acts of God, shortages of labor or materials, work, <br />governmental laws, regulations or restrictions, inclement weather or any other causes of any kind <br />whatsoever which are beyond the reasonable control of such party, in which event, the party prevented <br />from performing as a result of such Force Majeure delays, shall be entitled to an extension of the time for <br />performance equal to the duration of such Force Majeure delays. <br /> <br />S. Governing Law. This Declaration shall be construed and governed under the laws of the <br />State of Texas. <br /> <br />T. Mergers or Consolidations. Upon a merger or consolidation of the Association with another <br />association, its properties, rights, and obligations may be transferred by operation of law to another <br />surviving or consolidated association or, alternatively, the properties, rights, and obligations of another <br />association may be added by operation of law to the properties, rights, and obligations of the Association <br />as a surviving corporation pursuant to a meter. The surviving or consolidated association may administer <br />and enforce the covenants, conditions, and restrictions established by this Declaration governing the <br />Subject Property, together with the covenants and restrictions established upon any other property, as one <br />plan, subject also to the provisions of the Declaration. <br /> <br />U. Delay in Enforcement. No delay in enforcing the provisions of this Declaration as to any <br />breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same <br />to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar <br />breach or violation thereof at any later time or times. <br /> <br />H-Declaration of Protective Covenants and Easements.DOC 1 7 <br />
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