Document

Unofficial Copy Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 1 of 38 Unofficial Copy Unofficial Copy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ARUBA P.U.D., A PLANNED UNIT DEVELOPMENT Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 2 of 38 Section 1. Membership ARTICLE IV.

Section 2. Voting Rights.

Unofficial Copy ARTICLE I Table of Contents official Copy Section 1. "Association Section 2. "Unit/Unit/lot" Section 3. "Common Area" Section 4. "Declarant" Section 5. "General Common Area" Section 6. "Home" Section 7. "Limited Common Area" Section 8. "Member" Section 9. "Owner" Section 10. "Property" Section 11. "Resident".

ARTICLE II.

Unofficial Section 1. Owners' Easements of Enjoyment.

Section 2. Delegation of Use ARTICLE III.

ou Unofficial Copy Unofficial Copy 1 1 1 1 1 2 2 2 2 2 2 Unofficial Copy 3 Unofficial Copy 3 3 3 Section 2. Purpose of Assessments..

Section 3. Maximum Annual Assessment.

Section 4. Special Assessments for Capital Improvements.

Section 1. Creation of the Lien and Personal Obligation of Assessments 4 4 4 Unofficial Section 10. Exempt Property.

Section 11. Reserves and Surplus.

Section 9. Subordination of the Lien to Mortgages.

Section 7. Date of Commencement of Annual Assessments and Due Dates Section 5. Notice and Quorum for any Action Authorized under Sections 3 and 4........ 5 Section 6. Uniform Rate of Assessment.

5 5 Section 8. Effect of Nonpayment of Assessments and Remedies of the Association..... 5 6 Unofficial Copy ARTICLE V.

Section 13. Collection of Working Capital Fund Section 12. Establishment of Working Capital Fund.

ARTICLE VI.

Section 1. General Rules of Law to Apply.

Unofficial

n..... 5 6 Unofficial Copy ARTICLE V.

Section 13. Collection of Working Capital Fund Section 12. Establishment of Working Capital Fund.

ARTICLE VI.

Section 1. General Rules of Law to Apply.

Unofficial Section 2. Sharing of Repair and Maintenance Section 3. Destruction by Fire or Other Casualty.

Section 4. Weatherproofing.

Section 5. Right to Contribution Runs With Land Section 6. Arbitration Section 7. Party Wall Insurance py ARTICLE VII..

Section 1. Physical Damage Insurance.

Section 2. Public Liability Insurance.

Unofficial Copy Unofficial Copy 7 7 7 8 8 8 8 8 8 8 9 9 9 Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 3 of 38 Unofficial Section 4. Driveway Section 3. Association Maintenance Easement.

Section 3. Limitations on Hazards.

Section 4. Repair or Reconstruction After Fire or Other Casualty.

Section 5. General Common Area and Limited Common Area.

Section 6. Other Insurance. Cl Section 7. Condemnation.

Section 8. Alternative Means of Administration Section 9. Insurance Payment At Initial Closing.

ARTICLE VIII.

Section I. Encroachments Section 2. Utility Easements.

Unoffic copy 11 11 12 12 12 official Copy .. 12 13 13 13 13 13 14 14 14 14 ARTICLE IX.

Section 1. Estate Unofficial Section 4. Modification Section 3. Private Gardening.

Section 2. Construction Period Section 6. Sports Activities Section 5. Unsightly Objects fcial Copy Section 7. Other Rules Section 10. Use Restrictions..

Section 9. Architectural Control Section 8. Zoning and Specific Restrictions..

designated by the Association's Board of Directors.

There shall be no organized sports activities in the General Common Area, except as Unofficial Copy 14 14 14 official Copy 15 15 15 15 15 15 15 15 1. Activity.

16 2. Mineral Exploration Unofficial Copy 3. Signs 4. Temporary Structures.

Parking.

s in the General Common Area, except as Unofficial Copy 14 14 14 official Copy 15 15 15 15 15 15 15 15 1. Activity.

16 2. Mineral Exploration Unofficial Copy 3. Signs 4. Temporary Structures.

Parking.

6. Toilets and Dumping.

7. Garbage Disposal 8. Clotheslines: 9. T.V. Aerials.

10. Basketball Goals 11. Construction in Conformity with Law: 12. Materials: Unofficial Copy Unofficial. Copy 16 16 16 16 16 Mofficial Copy 16 16 16 16 17 17 13. Leasing: Unofficial Con 14. Animals.

15. Plumbing and Water Leaks 16. Barbecueing 17. Hurricanes and Severe Winter Freezes..

18. Pool 19. Rain Barrel or Rain Harveting Systems.

20. Solar, Energy Devices.

21. Flag Display.

22. Display of Religious 23. Attachments 18 18 18 Unofficial Con Unofficial Copy 18 18 19 20 Unofficial Copy 2020 - 2020053793 11/30/2020 8:58AM Page 4 of 38 ARTICLE X ceccccecscsccsesececevecenscsseslashesesessessccscenscsecenccaccscesecessescensens gagussssseeneseeaeesaesserseenaas 20 ARTICLE XI uo cccccceccsssescceceeccersiclQoiescessecsscsscsseseeeceeeeseseseescecsesscens(ppreseseeesensseacesseeseesesceseenas 21 Section 1. Enforcement...6v....cccsccsscesseeececeeececeseeesscesacengdaOeibeceessesseeseesencesaceesecseseeseenes 21 Section 2. Right to Abater..........cecscssesssssesseseeseeaseesenensa peeseecseseseeenesseenesecenentenenensesenes 21 Section 3. No Waiver y.......ccccsccssssssscescessesscessseceeesempalplececescessesseseseceaeesseeseessaneeneeererage 21 Section 4. Severability ...........cccsessssessesesseeseeseeeeeeeneeeneenecceseesseesnecssseneesseneeseseesnenenseeanes 21 Section 5. Authorization Of Board ..............c:ccscesceesscessseenesecenseseecsneceecesecenarsneessaessesseees 21 Section 6. Observance Hereof ...........cccccccessesetceeeceesesceeseesenseceneesseecneeeesneesseceseeesenssensees D2

..............c:ccscesceesscessseenesecenseseecsneceecesecenarsneessaessesseees 21 Section 6. Observance Hereof ...........cccccccessesetceeeceesesceeseesenseceneesseecneeeesneesseceseeesenssensees D2 Section 7. Duration .........c.ccccccccssscsesssecssccssseesseeecseeeessaeecsescssenesseeseaeeestenssrssosseesesesesseesees 22 Section 8. Regulatory Requirement ............cccscssseseseceseeseseeesecsessnseneeneneneenenenenensenenegess 22 Section 9. Association Rules and Regulations .............cccsssssseeeceseeseseneeesseseeeneeaeeneees 22 ARTICLE NIL ccccccccccccceccessevsccesseesscsscesseecsecsseesseeescesecessecscessssensecescensenseeseesssasessesseessesensentens 23 ARTICLE XIII cccccccccccccscscssccessssccsscsscsccesscsscscssssscesssecccscesseeeseseesersennessnseneeceeseerecssesssenssaeengs 23 Section 1. Material Amendments .coQv........ceeceeceeceseceeeessenneseeeseeeeenepaptpe soeeseseasseeseeeseeseens 23 Section 2. Time Limit for Mortgagee Disapproval ..............1fldecesesseseerseseseneneneteenees 24 Section 3. General Amendments .............:ccccceceesseeseeesscesseessegeibneceerensnerssseseeenssensesneeaees 24 Section 4. Replatting/Powet Of Attorney..........scssssseseeepseletteeeteesenenenenesenesesseeneetersenees 24 ARTICLE XIW ..ccccsccccccnecescébujeesecssevscesseasesenssassesceeceecssessssegnsbressesesseaeeeessaseasenaseeseeseassanees 24 THIS DECLARATION is made this AY day of Novent be. , 2020, by ARUBA P.U.D., A PLANNED UNIT DEVELOPMENT, a Texas Limited Liability Company, and shall be binding on its successors and assigns, hereinafter collectively referred to as "Declarant".

WITNESSETH: WHEREAS, Declarant, is the owner of certain property in the County of Nueces, State of Texas, which is more particularly described as-follows ("Property"), to-wit:

erred to as "Declarant".

WITNESSETH: WHEREAS, Declarant, is the owner of certain property in the County of Nueces, State of Texas, which is more particularly described as-follows ("Property"), to-wit: Aruba P.U_D., a Planned Unit Development as shown by the map or plat thereof ("Plat") recorded in Document No. 2019042649 at Volume 69, Page 309, Map Records of Nueces County, Texas, attached hereto as:Exhibit “A” and to which reference is here made for all pertinent purposes; WHEREAS, Declarant desires to establish a uniform set of easements, restrictions, covenants and conditions under which the Property shall be held, sold and conveyed: NOW THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions ("Restrictions") which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described Property or any part thereof, its successors and assigns, and shall inure to the benefit of each Owner thereof.

2020 - 2020053793 11/30/2020 8:58AM Page 5 of 38 ARTICLE I DEFINITIONS Section 1. “Association” "Association" shall mean and refer to ARUBA BAY HOMEOWNERS ASSOCIATION, INC., a Texas Non-Profit corporation, its successors and assigns.

Section 2. “Unit/lot” "Unit/lot" shall mean and refer to any unit/lot of land shown upon any recorded subdivision map of the Property with the exception of the Common Area. The unit/lots are designated on the Plat of the Property as 52 Units. See attached Plat.

Section 3. “Common Area” "Common Area" shall mean. all’ real property (including the improvements thereto) owned by.the

/lots are designated on the Plat of the Property as 52 Units. See attached Plat.

Section 3. “Common Area” "Common Area" shall mean. all’ real property (including the improvements thereto) owned by.the Association for the common Usé and enjoyment of the Owners. The Common Area includes the:General Common Area and LimitedGommon Area. The Common Aréa’to be unencumbered (save and except the -construction lien) and owned by the Association at the time of the conveyance of the first Unit/Unit/lot is reflected on the Plat of the Property.

Section 4. “Declarant” "Declarant" shall mean and refer to ARUBA P.U.D., A PLANNED UNIT DEVELOPMENT., developer, and/or Assigns, its successors and assigns who are designated as such in writing by Declarant, and who consent in writing to assume the duties and obligations of the Declarant with respect to the Units/Unit/lots acquired by such successor or assign, and may also include the owner of any of the annexable property described in Article X, who are designated as such in writing by Declarant, and who consefit in writing to assume the duties and obligations of the Declarant with ‘respect to the annexed property acquired by such party , and shall also)include the owner of any of the annexable property described in “Article X, their successors and assigiis who are designated as such imwriting by Declarant, and who consent in writing to assume the duties and obligations of the Declarant with-respect to the Units/Unit/lots acquired by such successor or assign.

Section 5. “General Common Area” "General Common Area" shall mean that portion of the Common Area which is not Limited Common Area and which is for the common use of the Owners of the unit/lots.

Section 6. “Home”

General Common Area” "General Common Area" shall mean that portion of the Common Area which is not Limited Common Area and which is for the common use of the Owners of the unit/lots.

Section 6. “Home” "Home" shall refer to the improvements constructed upon any unit/lot, subject to this Declaration, for use as a single family dwelling, as that term is defined by local ordinance. May also be referred to as a “Walls-In” for insurance purposes.

Section 7. “Limited Common Area” "limited Common Area" shall meatrany part of the Project which is set aside for the exclusive use of the Owner of a unit/lot and the guests and invitees. Those units /lots’ which have assigned guest parking spaces are designated as Limited Common as shown on Exhibit "A" attached hereto and incorporated herein. Subject to existing.éasements and any created or necessarily implied herein, the Owner of each 1 Aruba P.U_D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 6 of 38 wnit/lot shall have an exclusive easement to use the Limited Common Area adjoining their unit/lotsfor their benefit and the benefit of their family, tenants, contract purchasers, guests and invitees. Fee simple title to the Limited Commoft Area shall be owned by the Association. The Board of Directors\of the Association shall resolve any dispute over use of such Limited Common Area.

Section 8. “Member” "Member" shall mean a member of the Association.

Section 9. “Owner” "Owner" ‘shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any unit/lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

es, of a fee simple title to any unit/lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 10. “Property” "Property" shall mean and refer to that certain real property hereinbefore described, and such additions hereto as may hereafter be brought within the jurisdiction of the Association.

Section 11. “Resident” "Resident" shall mean any person who occupies a unit/lot.

ARTICLE I PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment EveryOwner shall have a right and easement of enjoyment in and to the.Common Area which shall be appurtenant to and shall pass with the title to every Building, subject to the following provisions: Subject to the required notice, and hearing provided for in Chapter-209 of the Texas Property Code, the right of the Association to suspend the voting rights and right to use of the recreational facilities, if any, by an Owner for 1) any period during which any assessment against his unit/lot remains unpaid, and:2) a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and 3) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two- thirds (2/3rds) of each class of members has been recorded.

Section 2. Delegation of Use Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to his respective Limited

by two- thirds (2/3rds) of each class of members has been recorded.

Section 2. Delegation of Use Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to his respective Limited Common Area and the General Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the.property.

2 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 7 of 38 ARTICLE Of MEMBERSHIP AND VOTING RIGHTS Section 1. Membership Every Owner of a unit/lot which is subject to assessment shall be a member of the Association.

Membership shall be appurtenant to and may not be separated from ownership of any unit/lot which is subject to assessment.

Section 2. Voting Rights The Association shall have two (2) classes of voting membership: e Class A- Class A members'shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote‘for each unit/lot owned. However, all Class A voting rights shall,be suspended until all Glass B Membership has ceased toexist. When more than one (1)/person holds an interest in any unit/lot all such persons shall be‘members. The vote for such unit/lot shall be exercised as they among themselves determine, but in no event shall more than one:(1) vote be cast with respect to any unit/lot. As provided in the Certificate of Formation for the Association, if requested by the Association, multiple owners must designate in writing one (1) owner to exercise the single vote attributable to the jointly owned unit/lot.

e Class B- The Class B member shall be the Declarant (or lienholder as provided in Article XI herein) and shall be entitled to one (1) vote for each unit/lot owned. The Class B membership

ed unit/lot.

e Class B- The Class B member shall be the Declarant (or lienholder as provided in Article XI herein) and shall be entitled to one (1) vote for each unit/lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: > When all land to which Declarant has obtained voting‘rights is sold to a bona fide third party purchaser; > When Declarant files of record a written instrument ‘terminating Class B membership; or > on January 31, 2028.

ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments The Declarant, for each unit/lot owned within the Property on which a Home has been completed and Certificate of Occupancy issued for at least one hundred eighty (180) days, hereby covenants, and each other Owner of any unit/lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 1) annual assessments or charges, and 2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.

In addition, each Owner of any unit/lot, but not the Declarant, is deemed to covenant and agree to-pay to the Association a "working capital fund fee" equal to one-quarter of the annual assessment which was in 3 Aruba P.ULD., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 8 of 38 effect at the time the Owner acquired title to the unit/lot and shall be payable at such time. The covenant in this section shall not constitute.a guarantee, or promise of any kind by Declarant to pay any assessment,

me the Owner acquired title to the unit/lot and shall be payable at such time. The covenant in this section shall not constitute.a guarantee, or promise of any kind by Declarant to pay any assessment, or any other obligation of any Owner other than Declarant,.and Declarant shall have no assessment obligation beyond that set forth in this Article. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the unit/lot against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. The Association may elect to bill for and collect the annual assessment from each Owner on a monthly, quarterly or semi-annual basis.

Section 2. Purpose of Assessments The assessments levied by the Association shall be used to pay the following costs.and expenses: 1) Property insurance on the Home buildings and General Common Area improvements, 2) General liability insurancefor the General Common Area; 3) Electric and water costs for the General Common Areaonly; 4) Construction of improvements in the General Common Area; 5) Maintenance of the General Common Area and allimprovements including private improvements may include but not limited to water, wastewater, street, storm water infrastructure, open spaces, or other improvements identified as necessary for the approved use of the property to be platted thereon; 6) Landscaping of the General Common Area; and

treet, storm water infrastructure, open spaces, or other improvements identified as necessary for the approved use of the property to be platted thereon; 6) Landscaping of the General Common Area; and 7) Maintenance of the townhome building exterior as provided in Article V; and 8) Carry out any purposes or powers set out in the Articles of Incorporation for the Association.

9) Association may select Cable TV and Internet connections for entire project.

10) Any fees and/or costs owed to the Kokomo Yacht Club as more particularly set out in Article XV herein.

The assessments shall be placed in an account ("Common Fund") for suckypurposes.

Section 3. Maximum Annual Assessment Until January 1, 2022, the maximum annual assessment shall be-as provided in Section 6 of this Article and such annual assessment may be increased as follows: e From and after January 1, 2022, the maximum annual assessment per Unit/lot may be increased each fiscal year not more than twenty percent (20%) above the maximum annual assessment for the previous year by action of the Board of Directors of the Association and without a vote of the membership.

e From and after January 1, 20%@, the maximum annual assessment per unit/lot may be increased above twenty percent (20%) by a vote of a majority fifty-one percent (51%) of each class of members who are voting in person or by proxy, at a special meeting duly called for this purpose.

Section 4. Special Assessments for Capital Improvements In addition to the annual assessmentsauthorized above, the Associationamay levy, in any assessment year, a Special assessment applicable to-that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common

assessment applicable to-that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures andpersonal property related thereto)provided that any such assessment shall 4 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 9 of 38 have the assent of a majority fifty-One percent (51%) of the votes.of each class of members who are voting in person or by proxy at a'special meeting duly called for this.purpose.

Section 5. Notice and Quorum for any Action Authorized under Sections 3 and 4 Written notice of any meéting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not resent, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be two-thirds (2/3rds) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section\6. Uniform Rate of Assessment Both annual and special assessments’ shall be fixed at a rate showh>in the attached exhibit for each wnit/lot. The initial annual assessment for each Unit/lot shall be set, arinually by the Board of Directors and filed as an exhibit to the Homeowners Association. The annual>assessments for the end of 2021 are

The initial annual assessment for each Unit/lot shall be set, arinually by the Board of Directors and filed as an exhibit to the Homeowners Association. The annual>assessments for the end of 2021 are attached as an Exhibit “B”.

Section 7. Date of Commencement of Annual Assessments‘and Due Dates Except as specifically provided in Section 1 of this Article concerning Declarant, the annual assessments provided for herein shall commence as to all unit/lots on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of subsequent annual assessments against each unit/lot at least thirty (30) days in advance of each annual assessment period (except that the assessments for the first such period need not be fixed within such time period). Written notice of the annual assessment shall be sent to every Owner subject thereto.

The due dates shall be established by. the Board of Directors and, unless otherwise provided, the Asso€iation or its agent shall collect each month from the Owner of each-unit/lot, one-twelfth (1/12th) of the annual assessment for each unit/lot. Unless and until the Board of(Directors establishes otherwise, the due date for all monthly assessment payments shall be the first day,of the month. The Association shall, upon demand, and for a reasoriable charge, furnish a certificate Signed by an officer, or the managing agent, if any, of the Association setting forth whether the assessments on a specified unit/lot have been paid. A properly executedcertificate of the Association as.to the status of assessments on a unit/lot is

any, of the Association setting forth whether the assessments on a specified unit/lot have been paid. A properly executedcertificate of the Association as.to the status of assessments on a unit/lot is binding upon the Association as of the date of its issuance.

Section 8. Effect of Nonpayment of Assessments and Remedies of the Association THE ASSOCIATION SHALL BE BOUND BY AND SHALL FOLLOW ALL LAWS CONCERNING ENFORCEMENT OF REMEDIES FOR NONPAYMENT OF ASSESSMENTS INCLUDING THOSE CONTAINED IN TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT OF THE TEXAS PROPERTY CODE.

Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the Association may charge a one-time late fee not to exceed $50.00 and the assessment shall also bear interest from the due date at the rate>of eighteen percent (18%) per afintim. The Association may bring an action at law against the Owner personally obligated to pay the Same, or foreclose the lien against'such Owner's unit/lot, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, or abandonment of his unit/lot, or by renunciation of membership in the Association. Each such Owner, by acceptance ofa 5 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 10 of 38 deéd to a unit/lot, hereby expressly vests in the Association, or its agents, the right and power to bring,all actions against such Owner personally for the collection of such charges as a debt and to enforce. the

t/lot, hereby expressly vests in the Association, or its agents, the right and power to bring,all actions against such Owner personally for the collection of such charges as a debt and to enforce. the aforesaid lien by all methods-available for the enforcement;<of liens against real property, including foreclosure by an action brought in the name of the Association in a like manner as a.mortgage foreclosure on real property and such Owner hereby expressly grants to the Association a powér of sale in connection with the foreclosure of said lien. One method of enforcement and foreclosure of such assessment liens, although not to the exclusion of other means of enforcement, shall be by the Association appointing, in writing, a Trustee, and upon requesting the Trustee to foreclose the lien and, after compliance with any required judicial action, the Trustee shall do the following: 1) Advertise the time, place, and terms of sale and mail notices as required by Section 51.002, Texas Property Code, as then amended, and otherwise comply with that statute; 2) Sell all or part of the property to the purchaser with a general warranty binding the defaulting Owner; and 3) From the proceeds of the sale, pay, in this order: a) Expenses of foreclosufe, including a reasonable commission to Trustee; b) To the Association, the full amount of principal;\interest, attorney's fees, and other charges due and-unpaid; c) Any amounts required by law to be paid before payment to the defaulting Owner; and d) To the defaulting Owner, any balance.

The Association, acting on behalf of the Owners shall have the power to bid for the interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same; and to subrogate so much

ation, acting on behalf of the Owners shall have the power to bid for the interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same; and to subrogate so much of its right to such liens as may be necessary or expedient to an insurance company continuing to give total coverage notwithstanding nonpayment of such defaulting Owner's portion of the premium for fire and other hazard insurance. If any of the property is sold under this lien, the defaulting Owner shall immediately surrender possession to the purchaser. If the defaulting Owner fails to do so, the defaulting Owner shall become a tenant at will of the purchaser, subject to an action for forcible detainer. Recitals in any trustee's deed conveying the property will be presumed to be true. Notwithstanding anything contained herein to the contrary, an Owner may give to the Association, subject to acceptance thereof by theASsociation, a deed in lieu of foreclosure.

Section 9. Subordination of the-Lien to Mortgages The lien of the assessments‘provided for herein shall be subordinate and inferior to any mortgage, vendor's lien, deed of trust‘or other security instrument which’secures any loan made by any lender to an Owner or Declarant for ly any part of the purchase price ofany unit/lot and the improvements thereon, if improved, when the same is purchased, or 2) any part of the cost of constructing, repairing, adding to, or remodeling the residence and appurtenances situated on any unit/lot to be utilized for residential purposes, or 3) a Texas Home Equity Loan made pursuant to Article 16, Section 50 of the Texas Constitution; and which mortgage, vendor's lien, deed of trust or other security instrument is filed for record prior to the

Texas Home Equity Loan made pursuant to Article 16, Section 50 of the Texas Constitution; and which mortgage, vendor's lien, deed of trust or other security instrument is filed for record prior to the date on which payment of any such charges or assessments become due and payable. Sale or transfer of any unit/lot shall not affect the assessment lien. However, the sale or transfer of any unit/lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve the Owner of the unit/lot from liability for any assessnients thereafter becoming due or from the lien thereof.

Section 10. Exempt Property All property dedicated to, and‘accepted by, a local public municipality or authority, and the Common Area shall be exempt from the ‘assessments created herein. However, no land or improvements devoted to single family occupancy shall be exempt from said assessments.

6 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 11 of 38 Section 11. Reserves and Surplus The Association's Board of Directors may establish, from time-to time, reserves for such lawful purposes as in its sole discretion itshay determine necessary to be desirable for the greater financial security of the Association and the effectuation of its purpose. The AssoCiation shall not be obligated to spend in any fiscal year all of the sums collected in such year, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply any such surplus to the reduction of the amount

year all of the sums collected in such year, and may carry forward, as surplus, any balances remaining; nor shall the Association be obligated to apply any such surplus to the reduction of the amount of the annual assessment in the succeeding year, but may carry forward same from year to year.

Section 12. Establishment of Working Capital Fund Notwithstanding anything contained herein to the contrary, Declarant shall establish a working capital fund to assist the Association in meeting unforeseen expenditures, make capital improvements or to purchase any additional equipment or services. Any amounts paid into this fund should not be considered as advance payments of regular annual’ assessments. At the time ofthe initial sale of a unit/lot by Declarant, the purchaser shall pay @ ne-time working capital fee equal to three (3) months of the then anual assessment for the unit/lotjUpon the later conveyance of the unit/lot, the new purchaser shall also be required to pay into the fund three (3) months of the then curreft’annual assessment for the unit/lot.

Section 13. Collection of Working Capital Fund Each unit/lot's share of the working capital fund shall be collected from the purchaser at the time the sale of the unit/lot is closed and then shall be transferred to the Association for deposit to a segregated fund.

ARTICLE V EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance uporeach unit/lot which is subject to@ssessment hereunder, as follows:repair, replacement and care of roofs, gutters, downspouts, exteriot_building surfaces, foundations, trees, shrubs, grass, walks, parking spaces, in front yard area, sidewalks, and other exterior items. Exterior maintenance shall not includethe

rs, downspouts, exteriot_building surfaces, foundations, trees, shrubs, grass, walks, parking spaces, in front yard area, sidewalks, and other exterior items. Exterior maintenance shall not includethe Limited Common Area, glass‘surfaces, rear patio areas, windows, doors and garage doors, or their fixtures or hardware, landscaping installed by Owner (if any) and rear yard maintenance, exterior light fixtures operated from a Home, mechanical equipment and extérior hardware servicing a particular Home, all of which shall be thesole responsibility of the unit/lot'Owner. All other maintenance‘of any kind (interior or exterior) shall be the sole responsibility and obligation of the Owner. Further, any work performed by the Owner and their contractors shall be done in compliance with all windstorm insurance requirements and proof of compliance must be provided by the Owner to the Association. No work shall be done if it results in an increase in the insurance rates charged to the Association.

The Limited Common Area shall be maintained by each respective Owner who has exclusive use of the particular Limited Common Area adjoining their unit/lot. In the event that the need for maintenance or repair‘of a unit/lot or the improvements thereon is caused through thewillful or negligent acts of its Owner, or through the willful or negligent acts of the family, guests,or invitees of the Owner of the unit/lot needing such maintenance of repair, the cost of such exteriormaintenance shall be immediately paid by the Owner upon demarid by the Association and if not paid said obligation shall be added to?zand become part of the assessmenit‘of which such unit/lot is subject,and shall bear interest at the highestJawful rate.

7 Aruba P.U.D., a Planned Unit Development

id said obligation shall be added to?zand become part of the assessmenit‘of which such unit/lot is subject,and shall bear interest at the highestJawful rate.

7 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 12 of 38 improvements situated thereon (other than those repairs to be-provided by the Association), including the Limited Common Area, in’a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3rds) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the unit/lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be immediately paid by the Owner upon demand by the Association and if not paid said obligation shall be added to and become part of the assessment to which such unit/lot is subject and shall bear interest at the highest lawful rate.

ARTICLE V1 WALLS Section 1. General Rules of Law‘to Apply Each wall which is built as a‘part of the original construction of the Homes upon the Property and-placed on the dividing line between’ the unit/lot, shall constitute a party wall, and, to the extent not inconsistent with the provisions of this’Article, the general rules of law regarding party walls and liabilityfor property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make

ence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

Section 3. Destruction by Fire or Other Casualty If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners théreafter make use of the wall, they shall contribute to the cost of réstoration thereof in proportion to Such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent‘or willful acts or omissions.

Section 4. Weatherproofing Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

Section 5. Right to Contribution Runs With Land The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

Section 6. Arbitration Ifthe event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one (1) arbitrator, and such arbitrators shall chodse one (1) additional arbitrator, and the decision shall be by a majority of all the arbitrators.

8 Amba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 13 of 38 Section 7. Party Wall Insurance Notwithstanding anything contained herein to the contrary, inthe event the subject loss is covered by

s & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 13 of 38 Section 7. Party Wall Insurance Notwithstanding anything contained herein to the contrary, inthe event the subject loss is covered by insurance, then this Article shall apply with respect only to that portion of the loss for which the insurance proceeds are not available.

ARTICLE VII INSURANCE AND CONDEMNATION Section 1. Physical Damage Insurance The Declarant, for each unit/lot owned, and each Owner of any unit/lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to irrevocably nominate the Association, as Trustee, with authority to obtain and_maintain property insurance coverage for all Homes, insuring the buildihg and fixtures (permanently attached to the building) in an amount Sufficient to cover up to the full replacement cost thereof as the Board in its discretion deems appropriate. Such insurance, to the extent available, may include (but not to’the exclusion of other coverage deemed appropriate by the Association) coverage against water damage; flood insurance, vandalism and’ malicious mischief. Such policies of physical damage insurance shall be written in the name of the Association, as Trustee for each,Owner, and shall contain Waivers of Subrogation against individual Owners, the Association, it's.Board of Directors, Officers, Employees and/or Agents, and Waivers of any reduction of pro rata liability of the insurer as a result of any insurance carried by any Owner, or, of the invalidity arising from any acts of the insured’s, or any Owner, and shall provide that such policies may not be cancelled or substantially modified without at least thirty (30) days prior written notice to all of the insured’s, including any

sured’s, or any Owner, and shall provide that such policies may not be cancelled or substantially modified without at least thirty (30) days prior written notice to all of the insured’s, including any mortgagee of any unit/lot, unless an endorsement for such period is unavailable, in which case the standard policy time period shall apply to each Owner or Each policy shall contain a Texas Standard Mortgagee clause in favor of any first mortgagee of any unit/lot, which shall provide that the loss, if any, shall be payable to such first mortgagee as it's interest mayappear, subject however, to the Joss payment provisions in favor of the Association as set forth herein. All such policies shall provide)that adjustments of loss shall becmade by the Association with the approval of the Owner, and thatthe net proceeds there from shall “be payable to the Association; as Trustee. The deductible under each policy shall be paid by the Association unless the Board of Director's in their sole discretion, deteritiine that the loss was caused primarily by the negligence of the Owner, their tenants, guests or family,in’ which case the deductible shall-be immediately paid by the Owner upon demand by the Association and if not paid said obligation shall be added to and become part of the assessment to which such unit/lot is subject and shall bear interest at the highest lawful rate. For so long as the Association carries a blanket policy on the Project, the premiums for insurance obtained by the Association on each unit/lot shall be a part of the common charge under the annual assessment.

In the event the Association elects to discontinue the use of the blanket policy or for some other reason

Association on each unit/lot shall be a part of the common charge under the annual assessment.

In the event the Association elects to discontinue the use of the blanket policy or for some other reason decides that the premiums shall not be a part of the common charge, then such premiums shall be an expense of the specific Owner of the unit/lot so covered and a debt of such Owner and shall be paid within thirty (30) days after notice and statement thereof.

Although the Association shall not béJiable for the payment of premitims, in the event of an Owner's default, the Association may advarice the payment there for, on the account of the defaulting Owner. In such event of default, the premium; together with interest at the highest lawful rate, costs and reasonable attorney's fees, shall become @ charge and continuing lien againstthe unit/lot upon which such premium 9 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 14 of 38 charge is made. Such lien shall haye the same priority status and may be enforced in the same manner.as the lien for annual or special assessments provided in this Declaration.

Owners shall not be prohibited from carrying additional insurance for their own benefit, provided that such policies contain Waivers of Subrogation against individual Owners, the Association, its Board of Directors, Officers, Employees and/or Agents, and further provided that the liability of the carrier issuing the insurance procured by the Association shall not be affected or diminished by reason of any such additional insurance carried by any Owner.

All insurance proceeds paid on any loss claim shall be first deposited in a bank or other financial

shall not be affected or diminished by reason of any such additional insurance carried by any Owner.

All insurance proceeds paid on any loss claim shall be first deposited in a bank or other financial institution, in an interest bearing account insured by a Federal Government Agency, with provision that such proceeds, or any part thereof, may only be withdrawn upon the signatures of at least two (2) members of the Board of Directors, or their designee.

Each Owner shall be responsible for his own personal liability insutance within the exclusive use and occupancy of such Owner. In addition, each Owner, and not the Association, shall be responsible for1) any personal property and fixtures owned by Owner and 2) insuring all betterments and improvements made by the Owner to their Home.

Furthermore, the Association shall thereupon procure a Fidelity Bond covering its Board of Directors, Officers, Employees and/or Agents in connection with such proceeds. Notwithstanding the foregoing provisions of this section, it is further provided that the requirement for the maintenance of insurance on a Home shall not apply to any Home acquired by the Veteran's Administration or Federal Housing Administration under a mortgage foreclosure during the period of ownership by either said Veteran's Administration or the Federal Housing Administration.

Only the Association, as Trustee, the Owner, and his first mortgagee shall be beneficiaries under the policy, although not necessarily named in said policy. Assignment of the policy or of the proceeds of the policy; ‘in the event of loss, shall be prohibited. The Association may consult with and employ an attorney of i8 choice with respect to any question relating to its duties or responsibilities hereunder and shall not

event of loss, shall be prohibited. The Association may consult with and employ an attorney of i8 choice with respect to any question relating to its duties or responsibilities hereunder and shall not be liable for any action taken or omitted by it in good faith or on advice of counsel. The Association shall be reimbursed for all expenses incurred by it in connection with its-duties under this Article, as a charge against the insurance proceeds, except for such expenses incurred as a result of bad faith or<willful misconduct.

Section 2. Public Liability Insurance The Association may obtain broad form public liability insurance protecting the Association, the Board of Directors, Officers, Employees and/or Agents of such Association, in such form and amounts as is deemed reasonable by the Association. The Association shall also include coverage for individual Owners for occurrences on the Property, except for areas reserved for the exclusive use and occupancy of such individual Owner.

Premiums for public liability insurance shall be part of the common expense payable out of annual assessments provided herein. Each Owner shall be responsible for his own public liability insurance for areas Within the exclusive use and octupancy of such Owner and each Owner shall be responsible for his own hazard insurance to cover all:personal property and fixtures owned’ by Owner and located on or about the unit/lot.

1 0 Amba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 15 of 38 The Association may secure such‘other forms of insurance coverage.as the Board of Directors may from time to time direct, to be paid as’@common expense.

20 - 2020053793 11/30/2020 8:58AM Page 15 of 38 The Association may secure such‘other forms of insurance coverage.as the Board of Directors may from time to time direct, to be paid as’@common expense.

Each owner shall be responsible for his own personal liability-insurance along with the betterments and improvements for the aréas within the exclusive use & occupancy of such owner.

Section 3. Limitations on Hazards Under no circumstance shall an Owner permit or suffer anything to be done or left in his Home which will increase the insurance rate on his Home or any other Home, or of the Common Area, other than an endorsement for Tenant Occupancy or Vacancy.

Section 4. Repair or Reconstruction After Fire or Other Casualty A.. In the event of any injury or damage to or destruction of any part of the improvements on the Property as a result of fire or other casualty covered by insurance,the Association shall, except as provided in subsection D below, arrange for the repair and restoration of the improvements (including any damage toHomes, except wall, ceiling, or floor decorations or coverings, or other furniture, furnishings, fixtures, or equipment installed.by Owners individually), in accordance with the original plans and specifications (except as modified to changed building requirements or conditions), and*the Association shall disburse.the proceeds of all insurance policiés to the contractors engagéd in such repair and restoration, in appropriate progress payments.

B. If such insurance indemnity or proceeds collected shall exceed the total cost of such reconstruction or repair, then, unless the contract of insurance or the bylaws of the Association as then existing shall specify otherwise, the Association or other agent or person named as Trustee

ch reconstruction or repair, then, unless the contract of insurance or the bylaws of the Association as then existing shall specify otherwise, the Association or other agent or person named as Trustee in the policy of insurance and collecting such proceeds, shall pay over such excess to the respective Owner (unless otherwise specified by such Owner's loan documents), upon the tender to the Association by such Owner of a duly executed Release of Liability and/or accountability for the use of such insurance proceeds.

C: Where the insurance indemnity is insufficient to cover. the cost of reconstruction, and reconstruction is required:as’provided for herein, the building ‘or reconstruction costs in excess of the insurance proceeds shall be paid by the Association from the Common Fund, and in the event Owners by a special-assessment in proportion to their fespective interest, as set forth in Article IV of this Declaration D. Should two-thirds (2/3rds) or more of the existing homes be destroyed or substantially damaged, and should the Association not voluntarily, within one hundred twenty (120) days thereafter, make provision for reconstruction and restoration to the original condition, then any insurance settlement proceeds shall be collected by the Association. After payment of expenses to remove all debris and to restore the land to pre-construction grade, the proceeds shall be divided according to each Owner's interest, and upon such division, the Association shall hold the share of each Owner in a separate trust account for the benefit of the Owner and their First Mortgagee, if any. From each separate account, the Trustee shall use and disburse the total amount of each

share of each Owner in a separate trust account for the benefit of the Owner and their First Mortgagee, if any. From each separate account, the Trustee shall use and disburse the total amount of each account toward the full payment of the following, for and on behalf of the Owner for whom each account is held: i. The payment.ofany balance of any mortgage liens on such Owner's unit/lot which are superior to the liens described below, in order of their priority; 11 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 16 of 38 ii. | The payment of taxes and special assessment liens on such unit/lots in favor of any taxing entity; iii. | The payment of such Owner's share of unpaid‘common expenses and assessments.of the Association; iv. The payment of liens on such unit/lot, in theorder and to the extent of their priority; and v. The balance remaining, if any, to the Owner. The determination of whether two-thirds (2/3rds) or more of the existing buildings have been destroyed or substantially damaged by any fire or other disaster or casualty shall be conclusively made by the Association.

E. With respect to the allocation of sums required to be paid within the limits of the deductible portion of insurance policies, the party or unit/lot causing the damage shall be responsible for such deductible amount, whether or not caused by the negligence or fault of such unit/lot Owner.

Section 5. General Common Area and Limited Common Area The-Association shall also procure and maintain fire and extended coyerage for all improvements located on’ General Common Area in an amount sufficient to cover the full replacement cost thereof. The

The-Association shall also procure and maintain fire and extended coyerage for all improvements located on’ General Common Area in an amount sufficient to cover the full replacement cost thereof. The Association shall not be required.to obtain such insurance to covér.the Limited Common Area, the ‘same being the sole responsibility of the respective unit/lot Owners.

Section 6. Other Insurance The Association shall have the authority to procure whatever other forms of types of insurance, including Fidelity Bonds, as it deems desirable.

Section 7. Condemnation If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association, as Attorney In Fact, and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense.

The Association shall give timely written notice of the existence of such proceedings to all Owners and to all First Mortgagees known to the Association to have an interest; any unit/lot. The expense of.

participation in such proceedings by the Association shall be borne by the Common Fund.

The Association, as Attorney In Fact, is specifically authorized'to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Association, as Attorney In Fact, and such damages or awards shall be applied, and the condemnation process shall operate in the manner set forth herein for casualty loss.

Section 8. Alternative Means of Administration

torney In Fact, and such damages or awards shall be applied, and the condemnation process shall operate in the manner set forth herein for casualty loss.

Section 8. Alternative Means of Administration Notwithstanding anything contained herein to the contrary, the Association may temporarily withdraw from its role as Trustee for purposes of administration of insurance policies and/or proceeds (from insurance or condemnation awards), and may provide for each individual Owner to make his or her own provision for same, either with respect) to a part or the whole of such policies and/or proceeds. In any event, the Association shall have the-right and authority, at any time,-to resume the administration, as Trustee, of such policies and/or proceeds (from insurance or condemnation awards). In the event separate policies in the name of individual Owners are in effect at a time when the Association desires to act as Trustee, then on the anniversary date of the individually held policies, such policies shall be cancelled and replaced by policies under which the Association is acting as‘Trustee, in accordance with this Article.

12 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 17 of 38 Section 9. Insurance Payment At Initial Closing Upon the closing of the initial sale of each unit/lot, the title eompany shall collect a one-time payment from the purchaser equal ‘to the insurance premium for one.year. The payment shall be deposited by the Association in their bank operating account. Any proration between the Owner making the payment and a subsequent purchaser shall be between those parties at closing and not the Association.

ARTICLE VHI EASEMENTS Section I. Encroachments

account. Any proration between the Owner making the payment and a subsequent purchaser shall be between those parties at closing and not the Association.

ARTICLE VHI EASEMENTS Section I. Encroachments Eachunit/lot and the Common Area‘ shall be subject to an Easementfor Encroachments created by.

construction (including roof overhang beyond the unit/lot property line), reconstruction, repair shifting, Settling, or other movement of:.any portion of the improvements@which results either in the common elements encroaching on any“unit/lot, or in any unit/lot encrdaching on the common elements or on another unit/lot. A valid easemient shall and does exist for said-encroachments and for the maintenance of same, so long as they starid?

Section 2. Utility Easements There is hereby created and granted to the Association an Easement upon, across, over and under any part of the Property for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricity, and a master or cable television antenna or satellite system together with the express right to convey, by recordable instrument, to the City of Corpus Christi and any other utility service provider, Easements for the same purposes.

By virtue of this Easement, it shall be expressly permissible for the Association to designate for itself or to giant and convey or assign to the City and/or utility company the right to install, erect and maintain all necessary pipes and conduit underground and other necessary equipment at or below grade on the Property and to affix and maintairtelectrical, cable television and/ortelephone wires, circuits and conduits

essary pipes and conduit underground and other necessary equipment at or below grade on the Property and to affix and maintairtelectrical, cable television and/ortelephone wires, circuits and conduits on, above, across and under foundation, roofs and exterior walls.of said Homes, and meters and shutoffs at or inside said Home.

Notwithstanding anything herein to the contrary, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Property except as approved by the Association. The Easement provided for in this Article shall in no way affect any other recorded easement on the Property.

Section 3. Association Maintenance Easement There is hereby reserved and created in favor of the Association on a permanent basis the following easements: 1)\ an easement in the nature of a temporary or emergency right-of-entry into each and every unit/lot and/or Home during the absen¢é of the Owner thereof, without notice, for the express and limited purposes of making emergency utility or other repairs to such Unit/lot or adjacent unit/lots and any Homes thereon, andthe Owner may be required to deposit with the Association a key for such purpose; and 13 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 18 of 38 2) an easement over, upon and across all or any portion of the unit/lot and any improvement located thereon for the purpose-of the repair, maintenance and upkeep obligations of the Association’ as set out in this Declaration.

Section 4. Driveway / Private Street All Private Streets used by the Owners and their guests and invitees are owned by the Association as

bligations of the Association’ as set out in this Declaration.

Section 4. Driveway / Private Street All Private Streets used by the Owners and their guests and invitees are owned by the Association as Common Area, however, they may be used by the Owners, their guests and invitees, as permanent access to the Units/Lots and Common Area in the Property.

ARTICLE IX GENERAL COVENANTS Séction I. Estate Each unit/lot shall be conveyed a8 separately designated and legally described freehold estate subject to the terms, conditions and provisions hereof.

Section 2. Construction.Period Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant or the builder of the Homes to maintain during the period of construction and sale of said Homes, upon such portion of the premises as Declarant deems necessary, such facilities as may be reasonably required, convenient or incidental to the construction and sale of said Homes, including, but without limitation, a business office, storage area, construction yards, signs, model units and sales office.

Section 3. Private Gardening No planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upomthe Property except that Owners-inay extend fences between the rear walls of their Home and the Lirhited Common Area which constifiites their private backyard and may supplement landscape planting in the immediate area of their eftry porch and in planting beds along entry paths as designated ona Landscape Plan adopted bythe Association, and within unsodded areas within their unit/lot -lines, provided, (1) all such supplemental plantings be forever maintained by the Owner, and (2) such

ted ona Landscape Plan adopted bythe Association, and within unsodded areas within their unit/lot -lines, provided, (1) all such supplemental plantings be forever maintained by the Owner, and (2) such supplemental landscape plantings are compatible with the-existing Landscape Plan adopted by the Association. It is expressly acknowledged and agreed by all parties concerned that this Section is for the mutual benefit of all Owners of units/lots.

Section 4. Modification No modification of any kind to the exterior of the Home, either to the structure or the appearance thereof, including, but not limited to, the walls, roof, windows and doors, the color of exterior walls, roof, windows, doors and trim, awnings, mechanical devices, flags, storage structures or bunting shall be made without first obtaining the express written consent of the Association's Board of Directors, upon due written application made. The Board of Directors shall adopt such rules and regulations to enforée this Section as it, from time to time, deem necessary.

Section 5. Unsightly Objects Each Owner shall maintain, cléan and keep free from unsightly objects, the entry, porch, patio, andyard of his Home.

14 Aruba P.ULD., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 19 of 38 Section 6. Sports Activities There shall be no organized-sports activities in the General Common Area, except as designated»by the Association's Board of Diréctors.

Section 7. Other Rules The Board of Directors may, from time to time, adopt additional rules and regulations governing the use of the Common Area and the conduct of all residents and guests on the Property. No action shall be taken

d of Directors may, from time to time, adopt additional rules and regulations governing the use of the Common Area and the conduct of all residents and guests on the Property. No action shall be taken by the Association or its Board of Directors which in any manner would discriminate against any Owner in favor of the other Owners.

Section 8. Zoning and Specific Restrictions This Declaration shall not be taken as permitting any action or thing prohibited by the applicable zoning laws\r the laws, rules or regulations of any governmental authority, or by specific restrictions of record.

Inthe event of any conflict, the moSt festrictive provisions of such laws, rules, regulations, restrictions of técord, or this Declaration shall. be’taken to govern and control. . This Declaration also provides forthe City of Corpus Christi and other’ governmental authorities to have-access at any time without liability to conduct official business and-provides for the removal of obstructions if necessary for emergency-yehicles access and will assess the’¢ost of removal to the owner of the‘obstructions.

Section 9. Architectural Control No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made, including changes in color or appearance, until the plans and specifications showing the nature, kind, shape, color, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association. In the event the Board of Directors of the Association fail to approve or disapprove such

nd location in relation to surrounding structures and topography by the Board of Directors of the Association. In the event the Board of Directors of the Association fail to approve or disapprove such designyand location within thirty (30) days after said plans and specification have been submitted to it, approval will not be required and this Article will be deemed to have beenfully complied with.

Section 10. Use Restrictions 1. Activity: Except as expressly provided for herein, no commercial activity of any nature;shall be carried on upon any unit/lot, nor shall anything be done thereon which may be or bécome an annoyance or nuisance to the neighborhood, and no part of said premises shall be used for the commercial treatment of any contagious or infectious disease. However, the unit/lot may be used for daily, weekly or monthly rental, including use as a "bed or breakfast" type rental. Only pets and animals ordinarily kept as pets in residential subdivisions (specifically excluding cattle, hogs, pigs (including pot-bellied pigs) sheep, goats, poultry, horses and/or wild animals) may be kept on any part of the addition, provided they are not kept or bred for commercial or business purposes.

2. Mineral Exploration: No oil or gas drilling, oil, gas or other development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon the Property nor shall oil wells, oil or gas pipelines, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No dertick or other structure designedfor use in boring for oil or natural-gas shall be erected, maintained or permitted upon the Property.

3. Signs: No sign of any,Kind shall be displayed to the public view except one professional sign

edfor use in boring for oil or natural-gas shall be erected, maintained or permitted upon the Property.

3. Signs: No sign of any,Kind shall be displayed to the public view except one professional sign advertising the property for sale and/or lease, signs used to\denote the home is alarmed for Security, or signs used by a builder to advertise the property duririg the construction and initial salesperiod of 15 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 20 of 38 said builder. In no event shallsatiy sign be more than five (5) square feet. These signage restrictions shall not apply to the Declarant, or its successors or assigns, during the period in which unit/lots.are initially sold.

4. Temporary Structures: No structure of a temporary nature, nor any trailer, tent, shack; garage or other outbuilding, or any part thereof, shall be used as a residence or dwelling, either temporarily or permanently.

5. Parking: Buses, trucks in size over one (1) ton, boats, disabled vehicles, recreational vehicles and house trailers may not be parked on any portion of any unit/lot or any Common Area and shall be kept only in areas designated by the Association. Vehicles, including boats and trailers, shall not be repaired upon any parking area or Common Area. At no time shall the occupants of any unit/lot park more than 2 vehicles on any unit/lot or Common Area. Boats and trailers may be parked in an assigned slot. Guest parking spaces shall only be used by actual guests of any occupant and not the occupants themselves. The Association may require parking permits:to be displayed by owners and guest to control parking on the property.

hall only be used by actual guests of any occupant and not the occupants themselves. The Association may require parking permits:to be displayed by owners and guest to control parking on the property.

6. Toilets and Dumping: N6-portion of the Property shall be-uised or maintained as a dumping. gtound for rubbish or trash. Except during construction or major-repair/remodel periods, no outdoor toilet shall be placed on any.portion of the Property.

7. Garbage Disposal: Garbage shall be kept in sanitary containers at all times and such containers shall be kept in a clean and sanitary condition. No trash cans or garbage cans shall at any time or times be permitted on the street, or forward of the front building line so that they may be seen by anyone using the street along such unit/lot. All garbage cans shall be kept behind the Owner's fence or gate and screened from public view at all times. Association shall have a dumpster area available.

8. Clotheslines: No clothesline may be placed where they are visible from the street. Such clothesline must be enclosed by hedge or other type screening enclosure as approved by the Committee.

9.T.V. Aerials: No radio or television aerial, satellite receiver, discs-or guy wires in excess of ten feet (10') in height shall be maintained on any portion of any unit/lot: 10. Basketball Goals. No basketball goals may be placed onary unit/lot.

11. Construction inConformity with Law: All constriction on every unit/lot and the uses of every unit/lot shall conform with all Ordinances of the City of Corpus Christi relating to building, safety, fire protection and zoning.

12. Materials: All materials must be new materials and no secondhand or used materials shall be

h all Ordinances of the City of Corpus Christi relating to building, safety, fire protection and zoning.

12. Materials: All materials must be new materials and no secondhand or used materials shall be utilized in the construction of improvements on the Property. All materials must meet windstorm insurance guidelines and be insurable my Texas Windstorm insurance.

13. Leasing: Each Owner shall have the right to use their own leasing agent to lease their unit/lot and Home. Any lease or rental agreement must be in writing and must be subject to the restrictions, rules and regulations set out in this Declaration and as promulgated by the~Association. No unit/lot may be leased or rented to any party for less than one (1) day. In addition; any damages or liability caused by an Owner's Tenant or their guests shall be the responsibility of the Owner and the Owner hereby agrees to indemnify, defend’and hold the Association harmless from any losses, costs or damages created by a tenant or their guests. Any leasing agent that‘does not follow the rules and procedures established by the Ass6ciation are subject to being prohibited from future leasing of any part of the 16 Aruba P.U_D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 21 of 38 Property and all Owners accept.and agree to follow and be bounds’by the Association's rulings in this regard.

14, Animals. No animals’ maybe kept or bred for commercial or business purposes nor shall)they be allowed to run at large within the Property. Should ordinary household pets become a nuisance in the opinion of the Board, they must be removed from the Property. The Association may promulgate

hey be allowed to run at large within the Property. Should ordinary household pets become a nuisance in the opinion of the Board, they must be removed from the Property. The Association may promulgate additional rules and regulations governing the size, type and number per unit/lot of permitted household pets and each Owner agrees to abide by those rules and regulations.

At this time, the following Rules and Regulations shall be in force: a) b) c) d) e) 8) h) Subject to Rules. A Resident may not keep or permit on the unit/lot a pet or animal of any kind, at any time, except as permitted by these Rules and the Governing documents.

Permitted Pets. Subject to these Rules, a Resident may keep in his Home not more than three house pets (combos of cats, and dogs allowed). Permitted house pets include domesticated dogs, cats, caged birds, and-aquarium fish. Permitted house pets also include specially trained animals that serve as phySical aids to handicapped Residents, regardless of the animal's size or type not to exceed 30 pounds.

Prohibited Animals» No Resident may keep a dangérous or exotic animal, pit bull-terrier, trained attack dog, or any other animal deemed by-the Board to be a potential threat'to the well-being of people or other animals. No animal or house pet may be kept, bred, or maintained for a commercial purpose.

Indoors/Outdoors. A permitted pet must be maintained inside the Home or ground floor patio and may not be kept on balconies. No pet is allowed on Common Area unless carried or leashed. No pet may be leashed to any stationary object on the Common Area. No pet is allowed in the pool area at any time.

Disturbance. Pets will be kept in a manner that does not disturb another Resident's rest or

may be leashed to any stationary object on the Common Area. No pet is allowed in the pool area at any time.

Disturbance. Pets will be kept in a manner that does not disturb another Resident's rest or peaceful enjoyment of his Home or the Common Areas. No pet will be permitted to bark, howl, whine, screech, or make other loud noises for extended or repeated periods of time.

Damage. Resident is responsible for any property damage, injury, or disturbance his pet may cause or inflict. Resident compensates any person injured by his pet. Any Resident who keeps a pet on the unit/lot shall)be deemed to have indemnifiedsand agreed to hold harmless the Board, the Association, 4nd other Owners and Residents, from any loss, claim, or liability of any kind or characfer whatever resulting from any action of his pet or arising by reason of keeping or maintaining such pet on the unit/lot.

Pooper ScooperNo Resident may permit his pef-to relieve itself on the Property, except in areas designated by the Board for this purpose. Resident is responsible for the removal of his pet's wastes from the Common Area. The Board may levy a fine against a unit and its Owner each time feces are discovered on the Common Area and attributed to an animal in the custody of that Home's Resident.

Removal. If a Resident or his pet violates these Rules or the community policies pertaining to pets, or if a pet causes or creates a nuisance, odor, unreasonable disturbance, or noise, the Resident or person having control of the animal shall be given a written notice by the Association to correct the problem. If the problem is not corrected within the time specified in the notice (not less than 10 days), the Resident, upon written notice from the Association,

tice by the Association to correct the problem. If the problem is not corrected within the time specified in the notice (not less than 10 days), the Resident, upon written notice from the Association, may be required to remove the animal. Each Resident agrees to permanently remove his violating animal from the:Property within 10 days after receipt of a removal notice from the Board.

15. Plumbing and Water Leaks. Each Owner shall be responsible for promptly fixing leaks and maintaining plumbing, plumbing fixtures, lavatories, sinks, and tubs inside their Home in good condition. An Owner shall be strictly liable for damages“ncurred anywhere (including adjacent units) 17 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 22 of 38 caused by water leaks from plimbing, as mentioned above, plus dishwashers, hot water heaters; aquariums or water beds in their Homes. If the Board deems it.necessary to make repairs to be made to any plumbing fixturesinside an Owner's unit, the Owner-shall reimburse the Association for the cost thereof. Likewise, thé cost to unstop drains in the common elements shall be borne by the Owner if it is obvious thatthe Owner or his lessee has missed the drains or commodes to)dispose of insoluble objects such as disposable diapers, etc.

16. Barbecuing. Barbecue pits in use must be at least 10 feet away from any outside wall of any Home or in accordance with the local fire code, if the code provides a stricter requirement.

17. Hurricanes and Severe Winter Freezes. When a hurricane is approaching, it is the Owner's responsibility, to secure his property. This includes securing or removing loose items from patios,

rement.

17. Hurricanes and Severe Winter Freezes. When a hurricane is approaching, it is the Owner's responsibility, to secure his property. This includes securing or removing loose items from patios, entrance ways, and carports. When a severe winter freeze warning is issued, again it is the Owner's responsibility to leave water dripping from faucets or to take other precautions. Remember, an empty home is particularly vulnerable duting a winter freeze. In the eventiof an extended absence during be contacted in an emergency: 18. Pool. Declarant intends to construct a pool to be a part-of the Common Area. The design and size of the pool shall be solely at the discretion of Declarant;Any, Owner or their tenants and guests that use the pool area must leave the area in a clean condition. If, as a result of their use of the pool, the area must be cleaned or damage repaired by the Association, the responsible Owner will be charged for the expense and it will be added to and secured by the lien created in Article IV above.

19. Rain Barrel or Rain Harvesting Systems. Any rain barrel or rain harvesting system located upon any unit/lot shall: a) be of a color consistent with the color scheme of the Home; b) not display any languagé,or other content that is not typieally displayed by such a barrel or system as it is manufactured; atid c) not be visible tothe public from a street in the subdivision.

Under no circumstances-shall an Owner be permitted to place a rain barrel or rain harvesting system on Common Area oron any land owned by the Association.

20. Solar Energy Devices. A solar energy device (“SED”) is permitted on a unit/lot; provided, the following are not permitted:

harvesting system on Common Area oron any land owned by the Association.

20. Solar Energy Devices. A solar energy device (“SED”) is permitted on a unit/lot; provided, the following are not permitted: a) SED that is adjudicated by a court to threaten the public health or safety or violate a law; b) SED that is located on property owned or maintained by the Association; Cc) SED that is located in an area on the Owner’s property, other than on the roof of the Owner’s Home; however, if mounted on the roof of the Home, the SED must: (i) not extend‘higher than or beyond the roofline; (ii) not be located in an area other than an ‘afea designated by the Association, unless the alternate location increases the estimated*annual energy production of thedevice, as 1] 8 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 21.

2020 - 2020053793 11/30/2020 8:58AM Page 23 of 38 determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten (10%) percent above the energy production of the devise if located in an area designated by the Association; (iii) | conform to the slope of the roof.and have a top edge that is parallel to the roofline; (iv) have a frame, a support bracket, or visible piping or wiring that is in a silver, bronze, or black tone commonly available in the marketplace; d) SED that is located in an area on the Owner’s property other than in a fenced yard or patio owned and maintained by the Owner; however, if located in a fenced yard or patio, the SED must not be taller than the fence line; e) SED that, as installed,-voids material warranties; or f) SED that was installed without prior approval by theArchitectural Control Committee;

patio, the SED must not be taller than the fence line; e) SED that, as installed,-voids material warranties; or f) SED that was installed without prior approval by theArchitectural Control Committee; Any extra expense-incurred by the Association during a reroofing or roof repair-project caused by the presence of solar panels and .any damage caused to the roof by the installation, repair or removal of an SED by the“Owner or his agents shall be immediately paid by the Owner upon demand by the Association and if not paid said obligation shall be added to and become part of the assessment to which such unit/lot is subject and shall bear interest at the highest lawful rate.

Flag Display. Any flag displayed on a unit/lot shall comply with the following restrictions: a) the flag of the United States shall be displayed in accordance with 4 U.S.C. Sections 510; b) the flag of the State)0f Texas shall be displayed incaecordance with Chapter 3100, Government Code; c) a flagpole attached to a dwelling or a freestanding flagpole shall be constnicted of permanent, Jéng-lasting materials, with a finish appropriate to the materials uséd in the construction of the flagpole and harmonious)with the dwelling; d) the display of a flag, or the location and construction of the supporting flagpole, shall comply with applicable zoning ordinances, easements, and setbacks of record; e) a displayed flag and the flagpole on which it is flown shall be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole shall be repaired, replaced, or removed.

f) an Owner shall not erect more than one (1) flagpole per property and the flagpole shall not be more than twenty feet (20’) in height;

urally unsafe flagpole shall be repaired, replaced, or removed.

f) an Owner shall not erect more than one (1) flagpole per property and the flagpole shall not be more than twenty feet (20’) in height; g) an Owner shall.not be permitted to display a flag or erect a flagpole on property that.is owned or maintained by the Association or on Common Area.

] 9 Aruba P.U.D., 2 Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 24 of 38 h) any flag, other than the flag of the United States, State of Texas or an official or replica flag of any branch of the United States armed forces, must be approved by the Board:who may, in their’sole discretion, decide that the proposed flag is offensive to the general public and,therefore not allowed in the subdivision.

22. Display of Religious Items. Unless otherwise prohibited by the laws of Texas or the United States, any religious item located on a unit/lot shall: a) not threaten the public health or safety; b) not violate a law; c) not contain language, graphics, or any display that is patently offensive to a passerby; d) be limited to being affixed to the entry door or door frame and must not extend past the outer edge of the door of the Owner’s dwelling; e) be limited insize no larger than 25 square in¢hes, whether an individual item(or in combination with other religious item displayed or affixed on the entry door-or door frame; f) be motivated by the Owner’s sincere religious belief.

23. Attachments. Except as allowed by the Texas Property Code, no satellite dishes over one meter in diameter, shortwave or radio antennas of any sort shall be placed, allowed or maintained on any

ef.

23. Attachments. Except as allowed by the Texas Property Code, no satellite dishes over one meter in diameter, shortwave or radio antennas of any sort shall be placed, allowed or maintained on any unit/lot or upon any structure situated upon any unit/lot. Satellite dishes may not be mounted on the exterior facing of the Home or any portion of the roof. All satellite dishes must be placed in the rear yard area of the Home unless such placement precludes reception of an acceptable quality signal. If acceptable reception is precluded, the Owner must contact the Board to get their approval for alternate locations that provide acceptable reception. If at all possible, the Board should avoid approving roof installations as these may result in significant increased expenses to the Association, which ultimately results in increased assessments to the Owners: ARTICLE X ANNEXATION Additional units/lots and Common Area may be annexed to the Property with the consent of two-thirds (2/3rds) of each class of members, unless otherwise provided herein. The Declarant may annex units/lots and Common Area without the consent of members or any lienholders within eight (8) years from the date of this instrument. In the event that there is a valid VA and/or FHA and/or FNMA and/or FHLMC letter of acceptance outstanding, such annexation shall require a determination that such annexation is in accord with the general plan previously approved by such entity.

In the event of an annexation by Declarant, it is agreed that: 1) All subdivision infrastructure improvements will be substantially completed prior to annexation; 2) All Owners shall be assessed based on the same methodology used to obtain assessment rates in this Declaration and each unit/lot shall have one association vote; and

completed prior to annexation; 2) All Owners shall be assessed based on the same methodology used to obtain assessment rates in this Declaration and each unit/lot shall have one association vote; and 3) The annexation shall-be evidenced by recordation inthe Nueces County Clerk's Office of an "Annexation Certificate" executed by the Declarant.and duly acknowledged and notarized.

20 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 25 of 38 ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, Association rules and regulations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Damages shall not be deemed adequate relief for any breach or violation of any provisions hereof. Any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction as well as any other available relief either at law°or in equity. Any party to a proceeding who succeeds in enforciig any provision herein or enjoining the violation of any provision herein against an Owner shall be awarded a reasonable attorney's fee‘and court costs against such Owner, Section 2. Right to Abate Violation or breach of any provision herein contained shall‘ give Declarant, or the Association, their respective legal representatives, heirs, successors and assigns, in addition to all other remediés, the right

breach of any provision herein contained shall‘ give Declarant, or the Association, their respective legal representatives, heirs, successors and assigns, in addition to all other remediés, the right to enter upon the land upon or as to which such violation or breach exist and summarily to abate and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. Nothing herein contained shall be deemed to affect or limit the rights of the Owners of the unit/lot within the Property to enforce this Declaration by appropriate judicial proceeding.

Section 3. No Waiver The-failure of Declarant, the Association or the Owner of any unit/lotincluded in the Property, their respective legal representatives, heirs; successors and assigns, to enforce any provision herein contained shall in no event be considered a. waiver of the right to do so thereafter, as to the same violation or breach or as to such a violation or breach occurring prior or subsequent thereto.

Section 4. Severability The determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof.

Section 5, Authorization of Board The Association shall be entitled to contract with any corporation, firm, person or other entity for the performance of the various duties imposed on the Association hereunder and the performance by any such entity shall be deemed the performance of the Association hereunder. The Association's Board of Directors where specifically authorized herein to act, shall have the right to construe and interpret the

ntity shall be deemed the performance of the Association hereunder. The Association's Board of Directors where specifically authorized herein to act, shall have the right to construe and interpret the provisions of this Declaration, and in the\absence of an adjudication by a-court of competent jurisdiction to-tle’ contrary, its construction or intefpretation shall be final and binding as to all persons or property, befiefited or bound by the provisions hereof. Any conflict betweem.any construction or interpretation of the Association's Board of Directors or any other person or entity entitled to enforce the provisions hereof shall be resolved in favor of the’construction or interpretation of the Association's Board of Directors.

21 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 26 of 38 The Association's Board of Directors, to the extent specifically provided herein, may adopt and promulgate reasonable rules and'régulations regarding the administration, interpretation and enforcement of the provisions of this Declaration. In so adopting and promulgating such rules and regulations,and in making any finding, determination, ruling or order or in cartying out any directive contained herein relating to the issuance of permits, authorizations, approvals)rules or regulations, the Association's Board of Directors shall take into consideration the best interests of the Owners and of the Property to the end that the Property shall be preserved and maintained as a high quality community.

In granting any permit, authorization, or approval, as herein provided, the Association's Board of Directors may impose any conditions or limitations thereon as it shall deem advisable under the

nity.

In granting any permit, authorization, or approval, as herein provided, the Association's Board of Directors may impose any conditions or limitations thereon as it shall deem advisable under the circumstances in each case in light of the considerations set forth in the immediately preceding paragraph hereof.

The Association shall indemnify and hold harmless its Board of Directors, Officers, Employees and/or Agents from any and all liability in connection with such capacities, so long’as the causes of liability were notfraud or gross negligence.

Section 6. Observance Hereof.

Each grantee accepting a deéd, lease or other instrument conveying any interest in any unit/lot, whether or not the same incorporates)or refers to this Declaration, coyenants for himself, his heirs, successors and assigns to observe, perform and be bound by this Declaration and to incorporate the same by reference in any deed or other conveyance of all or any portion of his interest in any real property subject hereto.

Section 7. Duration The covenants and restrictions of this Declaration shall run with and bind the Property, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless at any time a vote of not less than 75% of all votes entitled to be cast votes to terminate this Declaration.

Section 8. Regulatory Requirements Declarant hereby reserves the right; without the necessity of joiningyany Owner or Mortgagee, to further amend this Declaration to meet any requirement of the Fedetal Housing Administration, Veteran's Administration, Federal Homie Loan Mortgage Corporation, or Federal National Mortgage Association so

her amend this Declaration to meet any requirement of the Fedetal Housing Administration, Veteran's Administration, Federal Homie Loan Mortgage Corporation, or Federal National Mortgage Association so long as Declarant is the Owner of any Class B Membership as set forth herein, and each Owner, by accepting conveyance of any unit/lot subject to this Declaration does hereby grant to Declarant a specific irrevocable power of attorney, which power is coupled with an interest, to execute and file for record any such amendments to this Declaration as may hereafter be necessary to meet the requirements of the said Federal Housing Administration, Veteran's Administration, Federal Home Loan Mortgage Corporation or Federal National Mortgage Association.

Section 9. Association Rules and Regulations The Association shall have the exclusive right to adopt rules and regulations which govern and enforce any Section of this Declaration and all Owners agree to be bound by any such tules and regulations.

22 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 27 of 38 ARTICLE XII The owners and holders ofthe only liens covering the Property, have executed this Declaration to evidence their joinder im) consent to, and ratification ofthe imposition of the foregoing covenants, conditions and restrictions. However, the joinder of the lienholder is not to be construed as a representation by the lienholder as to the adequacy of this Declaration or the Property in general, but instead their joinder is merely to evidence their consent to this Declaration. No violation of any of any restrictions or covenants herein shall defeat or render invalid the lien of any mortgage made in good faith

joinder is merely to evidence their consent to this Declaration. No violation of any of any restrictions or covenants herein shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any portion of the Property; provided however, that any mortgagee in actual possession, or any purchaser at any mortgagee's foreclosure sale, shall be bound by and subject to this Declaration as fully as any Owner of any portion of the Property.

ARTICLE Xi MATERIAL PROVISION Section 1. Material Amendments The consent of the Owners of Homes to which at least fifty percent (50%) of the votes in the Association are allocated and the approval of eligible mortgage holders (those holders of a first mortgage on a Home which have requested the Association to notify them of any proposed action that requires the consent ofa specified percentage of eligible mortgage holders) holding Mortgages on Homes which have at least fiftyone (51%) of the votes of Homes subject to Mortgages held by eligible holders shall be required to add or amend any material provisions to this Declaration or to the Bylaws including those provisions which provide for, govern or regulate any of the following: a) Voting; b)\ Assessments, assessment liens or, subordinations of such liens; ¢) Reserves for maintenance, repair and replacement of the Common) Area; d) Insurance or fidelity bonds; e) Rights to use of the Common Area; f) Responsibility for maintenance and repair of the Homes,aumits/lots and Common Area; g) Annexation; provided, however, that Declarant's right to annex to the Property additional units/lots or Cornmon Area shall not be modified‘by amendment without Declarant's written consent; h) Boundaries of any Home or unit/lot:

er, that Declarant's right to annex to the Property additional units/lots or Cornmon Area shall not be modified‘by amendment without Declarant's written consent; h) Boundaries of any Home or unit/lot: i) Convertibility of all or any portion of Homes and/or units/lots into Common Area or Common Area into Homes; j) Leasing of Homes; k) Imposition of any right of first refusal or similar restriction on the right of a Home Owner to sell, transfer, or otherwise convey his Home; 1) A decision by the Association to establish self- management when professional management had been required previously by an eligible mortgage holder; mi) Restoration or repair of the improvements on the Property (after a hazard damage or partial condemnation) in a manner,other than that specified in the Declaration; n) Any action to terminate the legal status of the Property, inva manner other than that specified in this Declaration, after substantial destruction or condemnation occurs; 0) Any provisions which are for the express benefitof First Mortgage holders, insurers, or guarantors of First(Mortgages; 23 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 28 of 38 p) Partition or subdivision ofany Home; and q) By act or omission, seek to abandon, partition, subdivide, encumber, or transfer the Common Area, other than the granting of easements for public utilities or other public uses.

Section 2. Time Limit for Mortgagee Disapproval Any eligible mortgage holder which receives a written request to approve additions or amendments to the Declaration or Bylaws, and which does not deliver or post to the requesting party a response within thirty

le mortgage holder which receives a written request to approve additions or amendments to the Declaration or Bylaws, and which does not deliver or post to the requesting party a response within thirty (30) days after the written proposal was mailed via certified mail-return receipt requested, shall be deemed to have approved such request.

Section 3. General Amendments Except as provided in Section 1 of this Article, and in Article XI, Sections 8 and 9, this Declaration may be amended by an instrument signed by,Owners representing sixty-seven percent (67%) of the votes of the Association. Any amendment must‘be recorded. The Declarant shall have and reserves the right at any tite, and from time to time, without the joinder or consent of any other party, to amend this Declaration by an instrument in writing, duly signed, acknowledged, and filed forrecord for the purpose of correcting any typographical or grammatidal error, ambiguity, or inconsistenicy appearing herein, provided that any such amendment shall be consistent with and in conformity-with the general plan of development as evidenced by this Declaration and shall not impair or affect‘the vested Property or other rights of any Owner or his mortgagee.

Section 4. Replatting/Power of Attorney Each Owner of any unit/lot, by acceptance of a deed whether or not it is so expressed in such deed, acknowledges that there is a covenant running with the land to effectuate Declarant’s authority as hereafter set forth, and hereby irrevocably appoints Declarant as their agent and attorney in fact to execute and approve on their behalf any replat (or amendment of an existing plat) of the Property including any replat or amendment which seeks to include as part of the platted property additional contiguous

and approve on their behalf any replat (or amendment of an existing plat) of the Property including any replat or amendment which seeks to include as part of the platted property additional contiguous units/lots, units/lots, and Common Area(s). This appointment of Declarant shall be considered a durable powe? of attorney which will not terminate upon the disability of any.OQwner or upon the death of an Owner and will apply to the heirs, assigns, grantees, mortgagees, successors, or personal representatives of any deceased Owner who obtain title to or control the decedent's interest. Further, this power of attorney is coupled with an interést in real property and shall be broadly construed to allow Declarant to negotiate and approve all aspécts of the replatting process, including without limitations, the dedication of public easements, setback lines, rights of way and the like All actions taken by Declarant under this power of attorney shallbe final and binding on all Owners, their heirs, personal representatives, successors, assigns, grantees, and mortgagees. The Covenant and Power of Attorney shall expire upon completion of the development of the Property.

ARTICLE XIV MEDIATION/ARBITRATION In the-event any dispute or disagreement arises in connection with the interpretation or enforcement of thisDeclaration or between any partand the Association, or the performance of any party pursuant to this Declaration, it is understood ‘and agreed that, in lieu of any and all other remedies and procedures; including, but not limited to, litigation, such disagreement or dispute shall first be submitted to:nonbinding mediation through anagreed upon mediator or the Dispute Resolution Center in Corpus Christi,

ding, but not limited to, litigation, such disagreement or dispute shall first be submitted to:nonbinding mediation through anagreed upon mediator or the Dispute Resolution Center in Corpus Christi, Texas, if one cannot be agréed upon. The dispute shall be-imediated under the Real Estate Mediation 24 Aruba P.U_D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 29 of 38 Rules of the American Arbitration Association. If mediation is not ‘successful in resolving the dispute.or Arbitration Rules of the Américan Arbitration Association. The location of any arbitration proceeding hereunder shall be in Nueces’County, Texas. The arbitration proceeding shall be commenced at-any time after either party files addemand for arbitration upon the other party or parties, with a.copy being furnished to the American Arbitration Association. The arbitrator shall be a person who is agreed upon by all parties and qualified to make decisions in matters concerning real estate disputes and if one cannot be agreed upon, then the Presiding Judge of the District Courts of Nueces County, Texas shall appoint the arbitrator. The award of the arbitrator shall be final and binding on all parties. Any and all proceedings hereunder shall be subject to the terms and provisions of the Texas General Arbitration Act, Tex. Rev.

Civ. Stat. Ann. Art. 224, et seq. Each party hereto shall pay one-half of all costs of the mediation and arbitration.

ARTICLE XV KOKOMO YACHT CLUB Section I. License Agreement Declarant, on behalf of the Association, has entered into that’certain License Agreement with-Western

costs of the mediation and arbitration.

ARTICLE XV KOKOMO YACHT CLUB Section I. License Agreement Declarant, on behalf of the Association, has entered into that’certain License Agreement with-Western Ocean, Ltd.. Pursuant tothe terms of the License Agreement, each Owner is entitled to use.the property known as the Kokomo Pool, Yacht Club and Dock (the “Kokomo Yacht Club”). The Association is responsible for paying a license fee pursuant to the License Agreement. The licensee fee shall be part of the Regular Assessments of the Association. Each Owner, their guests and/or renters hereby agree to abide by the terms of the License Agreement and any and all rules and regulations established in relation to the Kokomo Yacht Club.

Section 2. Boardwalk Easement The Kokomo Yacht Club, together with any Owner or renter of a boat slip has a non-exclusive easement over ahd across the area designated on the Plat (the “Boardwalk”) to access,and use the boat slips together withyall acts necessary and incident thereto.

Section 3. Boat Slip Ownership Each Owner may purchase a‘boat slip, if available, per Unit owned by the Owner. Upon conveyance of a boat slip to such Owner, it‘shall be immediately designated‘to the Unit of the Owner and may not be transferred or conveyed*out separately from the Unit except to another Owner. The deed conveying the boat slip to the Owner shall contain restrictive covenants which will contain, among other items, restrictions on conveyance and transfer.

DATED this AY day of Alo Uv tmbez, 2020.

[Signature page to follow] 25 Aruba P.U.D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 30 of 38 ARUBA P.U.D:,.A PLANNED UNIT DEVELOPMENT., a Texas Limited Liability Company By:

Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 30 of 38 ARUBA P.U.D:,.A PLANNED UNIT DEVELOPMENT., a Texas Limited Liability Company By: ALEX H. HARRIS, President STATE OF TEXAS ) COUNTY OF NUECES ) This instrument was acknowledged before me on the oO wo of NDy LeyNQh by ALEX H. HARRIS, President of ARUBA P.U.D., A PLANNED UNIT DEVELOPMENT., a Texas Limited Liability Company on behalf of said company.

Given under my hand and seal of office this oO day of NOVEONYY 3020.

LESLIE SALINAS Notary ID #: 12661026-5 My Commission Expires ?

08/28/2023 Exhibit “A” Plat Exhibit “B” Rates of Assessments After Recording Return to: 26 Aruba P.U_D., a Planned Unit Development Declaration of Covenants, Conditions & Restrictions 2020 - 2020053793 11/30/2020 8:58AM Page 31 of 38 CONSENT OF LIENHOLDER: The undersigned, in ‘its capacity as the owner and holder of a lien encumbering the Property, hereby consents.tothe execution of the foregoing Declaration of Covenants, Conditions And Restrictions For Afuba P.U.D., a Planned Unit Development, together with the terms, covenants and conditions thereof.

INTERNATIONAL BANK OF COMMERCE By: Wk 1 Levsounue Name Gestave A Barer Title: Senioo View Dresidvat STATE OF TEXAS ) COUNTY OF NUECES ) This instrument was acknowledged before me on the ES day or ae 2020, of INTERNATIONAL BANK OF COMMERCE, a Texas banking association, on n behalf of said bank.

Notary Public, tate Of i 9.6 2028 KATHY M. FRAZIER Notary Public, State of Texas Notary ID # 12476192-6° My Commission Expiras 12/08/2023 § Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 32 of 38 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "A" Unofficial Copy Unofficial Copy

mission Expiras 12/08/2023 § Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 32 of 38 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "A" Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 27 Unofficial Copy Unofficial Copy Unofficial Copy Declaration of Covenants, Conditions & Restrictions Aruba P.U.D., a Planned Unit Development 2020 - 2020053793 11/30/2020 8: 58AM Page 33 of 38 LASTCADSTOGHEETARUYA PLATRLDS.

-TOS- RAISHEITH ENGINEERING, INC, -SANSC! OGIADFSDRIVENSIOI STATE OF TEXAS COUNTY OF NUECES.

1 do hereby certify that INTERNATIONAL BANK OF COMMERCE Is the holder of a Hen on the’lafd shown on the foregoing map of which WESTERN OCEAN LTD. I8 dhe owner, and we approve of the subdivision and dedication for the purposes and considerations therein expressed, This the QOS day of Sagterloas 2014.

By: Gusto . & NOEL § anion \hee Preerlent NAME: ME SIGHATURE STATE,OF TEXAS COUNTY.OR. NUECES acknowledged This _ instrument was before me by a evio# 14% Se . of INTERNATIONAL BANK OF COMMERCE, proven to me to be the person whose signature ts nade. on the foregoing instrument of writing, and he acknowledged to me that he executed the same for the purpose and considerations therein) expressed and in the capacity stated.

Glyen under my hand and seal of office, this the ane day of £& , 20147.

BG Notary Puplic .

fi fs ae) KATHY FRAZIER Sy Notary 1O# 124781926 Expies December 8, 2019 STATE OF TEXAS COUNTY OF NUECES 1 do hereby-certify that OCEAN 6440, LTD, Is the holder of a llen on the land shoWn on the foregoing map of which WESTERN OCEAN LTD., is the owner, and we approve of the subdivision and dedication

CES 1 do hereby-certify that OCEAN 6440, LTD, Is the holder of a llen on the land shoWn on the foregoing map of which WESTERN OCEAN LTD., is the owner, and we approve of the subdivision and dedication for the purposes and’considerations therein expressed.

this the 10" day ofa? Epon waraons ay Nerd uid se peerdiunk MAME: TNE oe STATE OF TEXAS COUNTY OF NUECES was before me by acknowledged ae | TT ads uN of OCEAN 8440)LFD., proven to me to be the person whose signature Is made on the foregoing Instrument of writing, and he acknowledged to me that he executed the same for the purpose and considerations therein expressed and inthe capacity stated.

Given under, my hand and seal of office, this the 1a day of EXIM IY 204" “sf Yb Aan ¢ es) Nalary| Public My commission expires: e DRIANA COX al NOs 19/03/2023 Rotary W &; 13218608-3 My Commisstor Expires PLAT OF ARUBA P.U.D.

BEING ALL OP LOTS 17, 18, 19, AND 20, PADRE ISLAND-CORPUS CHRISTI SECTION C, OF VOLUME 34, PAGE 133 M.R.N.C.T.

AND ALL OF LOTS/1.AND 2, BLOCK 1, PADRE ISLAND-CORPUS CHRIST! SECTION Ef OF VOLUME 38, PAGES 25-26, M.R.N.C.T. AND CONTAINING 3.65 ACRES a ‘AQMD ATE 407.973 STATE.OP TEXAS COUNTY.OF SSL! U0“ am the owner of thedands embraced within the boundaries of the foregoing map; easaments shown hereon are hereby dedicated to the public for the Installation, operation and maintenance of public ues This the 74x" -day of “sQio Ve wiles 2044) By: we a WILLARD-H7HAMMONDS, H, President STATE OF TEXAS This instrument was acknowledged before me by WESTERN OCEAN LTD., proven to me to be the person whose signature Is made on the fofegoing Instrument of writing, and he acknowledged to me that he executed the same for

was acknowledged before me by WESTERN OCEAN LTD., proven to me to be the person whose signature Is made on the fofegoing Instrument of writing, and he acknowledged to me that he executed the same for the®purpose and considerations therein expressed and In the capacity stated.

one yinder my hand and seal of offlce, this the 20122 day of , 20441.

BRIANA COX Motary (0 #: 13216608-5 fy Commission Expires: ga/nsy2023 Notary Public My commission expires: STATE OF TEXAS COUNTY OF NUECES This plat of Aruba P.U.D., approved by the Department” of Development Services of the City of Corpus Christl, Texas, this the Lt day of Ocbolees. 2014.

/’ he br Let Ratna i P.E.

Development Services Engineer STATE OF TEXAS COUNTY OF NUECES This plat of Aruba P.U.D., approved by the Planning Commission on ee f the City of Corpus Christi, “ay this the ZO” day of Carl Grull, PE. Nina-Nixoi Adez;-FAICP Chairman Secretary (BL DANMovio jk ITPL (082 STATE OF TEXAS COUNTY OF NUECES 1, Kara Sands, Clerk of the County Court in and for sald Nueces County, Texas, hereby cerlify $y the foregoing ma the plat of Aruba P.U.D., dated the a day os pfenboer . 2019, with Its certificate of authentication was filed for racord in my office this the day of CL ; 2014, at al) FEM. and duly recorded in Volume , Page , Map Records of Nueces County, Texas.

Witness my hand ang seal of sald Court at office in Corpus Christi, Texas, this the 1sPhacy of (Oc wDhey 20119 No. AF OH ALYY Apna Sardio Kara Sands Filed for record Gounly Clerk.

At $01.03 o'clock AM. Nueces Colinty/Texas Ochowe/_ 15 "204 By: Dépytya CASTILLG, STATE OF TEXAS COUNTY OF NUECES {, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that thls survey map was prepared from an actual on the ground

15 "204 By: Dépytya CASTILLG, STATE OF TEXAS COUNTY OF NUECES {, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that thls survey map was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and thatjthis survey substantially complies with the current standards adoptedyby/the Texas Board of Professional Land Surveying.

genta hace tts Stacey Kiky Mo Registered Professtonal Land Surveyor Texas Reg|stration No. 6166 Hanson Professional Services, Inc.

Date: Segttpalue 25 zpl4 361-814-4401 ae Damen UNETOe ‘CRAIG B. THOMPSON, P.E_ 361-814-9900 TRE Hansen Professionat Services Inc.

TEPE R417 / TEPLS F-10039S00 / TRAE PGR 2485, 4501 Goilihar Rd.

Corpus Christl, Texas 78411 Z OQ 2 < = ©Copyright Hanson Professional Sarvicas Inc. 2016 PLAT OF ARUBA P.U.D.

CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS 2020-2020053793 11/30/2020 8:58AM Page 34 of 38 2015-NAISMITH ENGINEERING, INC. -THANSON DOM OFS DRIVE 16JOBS11660337 CADUSITEISMEETARUGA PLAT-RI DWO SCALE: 140 GRAPHIO SCALE IN FEET 0 20 40 m official Copy BLOCK SYMBOL PROPERTY BOUNDARY LINE LOT LINE UTILITY EASEMENT-U.E.

YARD REQUIREMENT - Y.R.

DRAINAGE EASEMENT-D.E.

ROAD CENTERLINE 3 LEGEND IRON ROD FOUND DRILL HOLE FOUND 5/8" DIAMETER BY 18" LONG IRON ROD WITH RED PLASTIC CAP STAMPED 6.00 "HANSON CRP, TX." SET M.R.

D.R.

CURVE LOCATION al Copy ZONE "A11", (EL. 9') AS PER PANEL 485464 0405 D.

REVISED 9-17-1992 elocPLAT OF ARUBA P.U.D.

BEING ALL OF LOTS 17, 18, 19, AND 20, PADRE ISLAND-CORPUS CHRISTI SECTION C, OF VOLUME 34, PAGE 133 M.R.N.C.T. AND ALL OF LOTS 1 AND 2, BLOCK 1, PADRE ISLAND-CORPUS CHRISTI SECTION E, OF VOLUME 38, PAGES 25-26, M.R.N.C.T. AND CONTAINING 3.65 ACRES ZONE "A13", (EL 9') AS PER PANEL

VOLUME 34, PAGE 133 M.R.N.C.T. AND ALL OF LOTS 1 AND 2, BLOCK 1, PADRE ISLAND-CORPUS CHRISTI SECTION E, OF VOLUME 38, PAGES 25-26, M.R.N.C.T. AND CONTAINING 3.65 ACRES ZONE "A13", (EL 9') AS PER PANEL 485494 0705 D REVISED 5-4-1992 FEMA FLOOD ZONE GOURIDAR?

25' MOORING AREX nofficial Copy Exhibit "A" BULKHEAD LINEC6 C18 28007 SF 5D.E LOT 3 BLOCK 1 5D.E PADRE ISLAND-CORPUS CHRISTI-SECTION E VOL. 38, PGS. 25-26 M.R.N.C.T.

Unofficial Copy LOT 5 LOT 4 20 B.L.

PUBLIC EASE SEMENT CROSSING PRIVATE EASE SEMENT ONE BNDY FEMA FLOOD ZON MOORING LINE EXISTING ELEVATION MAP RECORDS DEED RECORDS CENTERLINE OF RIGHT OF WAY DIRECTION OF PREVAILING BREEZE Unofficial Co 017 26.44 10 PRIVATE ACCESS EALSZENT 22.07 2200 22.00 22.00 22.00 25' MOORING AREA NAVIGATION CHANNEL 16 C15 C5 014 20' B.L.

5 D.E 5.D.E.

LOT 14 LOT 15 Unofficial 3952 ALSH SC-BAS 64.00 1836 SF 10 1488 SF 62.00 11 12 1496 SF 68.00 13 1496 SF 68.00 68.00 14 1496 SF 2039 15 1496 SF 6400 1496 SF 16 CA.CO N18 35 13°E 14096 SF 17 68.00 18 2386 SF 6825 657 27.20 10 PRIVATE 27.00 22.00 22.00 22.00 22.00 22.00 22 DO 32.19 ACCESS & PRIVATE UTILITY EASEMENT LOT 16 PADRE ISLAND-CORPUS CHRISTI-SECTION C VOLUME 34, PAGE 133 M.R.N.C.T.

25 B.L TOUE 9 74.00 1628 SP 7 1628 SF 74.26 B 1697 SF 83.85 22.00 22.00 22.00 22.00 15.82 C24 74.00 1998 SF 74.00 2 1628 SF 74.03 3 1628 SE 74.03 4 1628 SP 74.00 1628 SF 5 74.00 17335 8.00 27.00 00 22.00 22.00 520° 45° 45°E 18 17.38 N68 27 34E NG C32 NG6 32 201 1861 22.00 22.00 22.00 N66 32 26W 2200 100 C31 54 COMMON AREA PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT 36277 SF 14.55 C23 27.00 22.00 $71 24' 47'E 22.00 22.00 22.00 22.00 22.00 Unoffic YR 15 UE 22 S66° 32' 26°E 19 2076 SF 37.98 15 VE TYR

ATE ACCESS AND PRIVATE UTILITY EASEMENT 36277 SF 14.55 C23 27.00 22.00 $71 24' 47'E 22.00 22.00 22.00 22.00 22.00 Unoffic YR 15 UE 22 S66° 32' 26°E 19 2076 SF 37.98 15 VE TYR 2734W 51.00 52327 52 1714 SF 71.52 1583 SP 51 72.00 50 1584 SF 72.00 1534 SF 49 72.00 48 1584 SF 72.00 323 C34 221 200 3.51.00 2200 YYR SSE DETAIL "B" PAGE 3 10.3 27.00 53 COMMON AREA 4827 SF 113.00 TUE N20 45 45"W KOKOMO DRIVE PRIVATE STRE TREET IVE_ 12 2223 SF VR KOKOMO DRIVE PRIVATE STREET NS3 51'41" 1598 DETAIL A PAGE 3 Copy 15 DE 34.00 68.00 38 1496 SF 5.00 N66" 32 26"W 27.00 17.00 62.00 39 1496 SF 68.co 40 1891 SF 74 74.44 N53° 51°41'E 14.00 22.00 22.00 2 15 14.00 $3608 19 22.00 3.61 563 51419 22 22.00 $23 2734"W 68.00 41 1836 SF EBLDO 42 47 22.00 22.00 22.00 1496 SF 63.00 43 1496 SF 68.00 44 1496 SF 1584 SF 72.00 68.00 45 To V 46 20.00 1852 SF BOCA GRANDLDRIVE PRIVATE STREET N S66" 32' 26°E C27 26.94 22.00 22.00 2200 300 C30 -0.93 C2 -C29 15 UE 22.00 1003 1200 C20 1923 SF 71.40 35 1609 SF 75.19 34 1715 SF 81.10 $53 ° 51 °41W 12 YR 33.94 27.00 33 2446 SF $23 27 34W 71.63 32 S66 32' 20'E 22,00 1884 SF 46: 31 1498 SF 68.00: 1964 SF GYR YR 59.60 22.00 22.00 22.09 30 1496 SF Ca 10 YRAVE C9 C3 C10 C11 C12 C13 22.00 7.00%ZONE "A11", (EL 9') AS PER PANEL 485464 0405 D REVISED 9-17-1992 C1 C2 ZONE "A13", (EL 9) AS PER PANEL 485494 07/1 REVISED 5-4-1992 10' Y.R./U.E official Cop LOT 1 BLOCK 1 ARUBA TWO CONDOMINIUMS VOL, 69, PGS. 258-259 M.R.N.C.T.

7.5 U.E.

30.00 22.00 1496 SF S23 27 34W ARASHI BEACH DRIVE PRIVATE STREET 18 S23 27 34"W 26.54 22.00 22.00 22.00 22,00 25.17 30.1 27.бг UE 64.00 41.00 24 1793 SP 69.00 23 1510 SF 10 YRIVE 22.00 26.00 69.00 22 1518 SF 69.00 21 1518 SF (318.00)20

STREET 18 S23 27 34"W 26.54 22.00 22.00 22.00 22,00 25.17 30.1 27.бг UE 64.00 41.00 24 1793 SP 69.00 23 1510 SF 10 YRIVE 22.00 26.00 69.00 22 1518 SF 69.00 21 1518 SF (318.00)20 69.00 20 1518 SF 22.00 89.00 166322614 Unoffici 68.00 28 1496 SF 68.00 1496 SF N23 27 34°E LOTE 18 UE 22.00 22.00 ¥1.00 1496 96 SF 68.00 25 2223 223 SF -10 YUUE 58.00 30.000 0007 4130.0032.00 22.00 10 YRUE53 64.4 SQUARE FOOT 60' RIGHT-OF-WAY ARUBA DRIVE 20' B.L..

PADRE ISLAND-CORPUS CHRISTI C SECTION E VOL. 38, PGS. 25.

M.R.N.C.T.

RESERVED FOR UTILITIES UnoffiNo LOT 21 staboocopy LOT 20 25' 5.L.

VOL 69 PG 310 STREET DEDICATION LEEWARD DRIVE 100' RIGHT-OF-WAY 3 COMMON AREA 330 SF 99 Unofficia copy BLOC K 46 PADRE ISLAND CORPUS CHRISTI LOT 14A, BLOCK 46 SECTION B VOL. 64, PG. 118.

M.R.N.C.T.

Unofficial Copy LOT 15AR, BLOCK 46 PADRE ISLAND CORPUS CHRISTI SECTION B M.R.N.C.T.

VOL. 61, PG. 125, Unofficial Copy LOT 17AR, BLOCK 46 PADRE ISLANDCORPUS CHRISTI SECTION B VOL 61, PG. 212, M.R.N.C.T.

SHEET 2 OF 3 PLAT OF ARUBA P.U.D.

CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS HANSON Copyright Harson Professional Services Inc. 2016 Hanson Professional Services Inc.

4501 Gollihar Rd.

TEPE F-417/TBPLS F-10039500/TBAE F-BR 2455 Corpus Christi, Texas 78411 CRAIG B. THOMPSON, P.E ENGINEER/BURVEYOR EMAIL: ENGINEER/GLORYETORE 361-814-9900 PHONE: FAC 351-814-4401 [email protected] SMM PROJECT ID 16E0337 CBT 180 DRAWING NAME PLAT SURVEY DATE DRAVING DATL 09/2019 Unofficial CHRISTI SECTION B VOL 69 PS 310 2020-2020053793 11/30/2020 8:58AM Page 35 of 38 2015-NAISMITH ENGINEERING, INC. -HANSON DOMOFSUDRIVEHLIOBSMEDIACADISITESHESTARUBA PLAT-R1 DWG Exhibit "A" doun e PLAT OF ARUBA P.U.D.

VOL 69 pg 311 le Adoo jeoun

053793 11/30/2020 8:58AM Page 35 of 38 2015-NAISMITH ENGINEERING, INC. -HANSON DOMOFSUDRIVEHLIOBSMEDIACADISITESHESTARUBA PLAT-R1 DWG Exhibit "A" doun e PLAT OF ARUBA P.U.D.

VOL 69 pg 311 le Adoo jeoun BEING ALL OF LOTS 17, 18, 19, AND 20, PADRE ISLAND-CORPUS CHRIST SECTION C, OF VOLUME 34, PAGE 133 M.R.N.C.T. AND ALL OF LOTS Oun AND 2, BLOCK 1, PADRE ISLAND-CORPUS CHRISTI SECTION E, OF VOLUME 38, PAGES 25-26, M.R.N.C.T. AND CONTAINING 3.65 ACRES 10 EB DETAL E7 "A" ARUBA PUD GENERAL NOTES 1. TOTAL PLATTED AREA CONTAINS 3.65 ACRES OF LAND INCLUDING PRIVATE STREET.

2. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983).

ELEVATIONS ARE BASED ON NGVD29.

3. A 5/8" DIAMETER BY 18" LONG IRON ROD WITH RED PLASTIC CAP STAMPED "HANSON CRP, TX" WILL BE SET AT ALL PLAT CORNERS, BLOCK CORNERS, LOT CORNERS, POINTS OF CURVATURE, AND POINTS OF TANGENCY, UNLESS OTHERWISE NOTED.

4. THIS SURVEYOR CANNOT CERTIFY AS TO UN-RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD.

5. THE YARD REQUIREMENTS ARE AS DEPICTED AND BASED ON THE ARUBA PLANNED UNIT DEVELOPMENT (PUD).

6. NEW CONSTRUCTION IN A SPECIAL FLOOD HAZARD AREA, AS DEFINED BY FEMA, MUST HAVE A MINIMUM FIRST FLOOR ÉLEVATION FOR HABITABLE LIVING SPACE AT OR ABOVE THE BASE FLOOD ELEVATION (BFE) PER THE CURRENT APPLICABLE FLOOD INSURANCE RATE MAP (FIRM), OR 18 INCHES ABOVE THE LOWEST ADJACENT TOP OF CURB (OR CROWN OF ROAD IF UNCURBED), WHICHEVER IS HIGHER.

7. RECEIVING WATERS: THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE LAGUNA MADRE. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS

), WHICHEVER IS HIGHER.

7. RECEIVING WATERS: THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE LAGUNA MADRE. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS. THE TCEQ HAS ALSO CATEGORIZED THE LAGUNA MADRE RECEIVING WATER AS "CONTACT RECREATION" USE.

9. FEMA INFORMATION: PLOTTING THE PROPERTY BY SCALE ON EFFECTIVE FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NO. 485464 0405D, MAP REVISED SEPTEMBER 17, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE A11 (WITH ELEVATION OF 9'), AND ON COMMUNITY-PANEL NO. 485494 07050, MAP REVISED MAY 4, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE A13 (WITH ELEVATION OF 9'), DEFINED AS AREAS OF 100-YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED.

10. IMPROVEMENTS 10.1. LOTS: 10.1.1.A.

10.1.1.B.

10.1.1.Β.Α.

SINGLE-FAMILY-52 (LOTS 1-52, BLOCK 1) COMMON AREA-3 (LOTS 53-55, BLOCK 1; 41,434 SF) Easement Line Table Line# Length Direction Curve Table E1 Curve Length Radius Chord Direction Chord Length E2 C1 24.93 C2 39.04 76.34 S50° 47' 21"E 38.62 E4 20.00 S36° 08′ 19°E 128.48 E6 C4 15.71 10.00 S21° 32' 26"E 14.14 E6 20.00 C5 53.78 E7 C6 150,07 EB C7 2.50 E9 C8 28.06 E10 9.00 C9 22.32 C10 22.78 E12 C11 12.09 C12 27.19 E14 15.67

″E 22.32 C10 22.78 E12 C11 12.09 C12 27.19 E14 15.67 S20° 35' 47"E C13 15.01 C14 16.60 C15 22.24 150.58 N12° 40' 06°W 22.22 Easement Curve Table Curve # Length Radius Chord Direction Chord Length C16 15.22 150.58 N19° 47' 45"W 15.22 C40 23.70 C17 0.56 667.77 N20° 44' 27"W 0.56 C41 16.04 16.03 C18 149.83 667.77 149.52 C42 9.78 9.58 C19 21.99 14.00 S08° 51' 41"W 19.80 C43 4.64 BLOCK 1, LOT 54-PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS C20 13.80 26.00 S51° 20′ 23"E 13.63 C44 3.36 C21 4.12 10.00 N78° 19' 47"W 4.09 ASSOCIATION.

10.1.1.C.

COMMERCIAL-1 (LOT 1, BLOCK 2; NOT OWNED BY HOME OWNERS ASSOCIATION) C22 17.21 20.00 $46° 45' 48"E 16,68 C23 4.25 26.00 $66° 44' 05"E 4.24 11. ALL ROADS, SANITARY SEWER LINES, AND COMMON AREAS WITHIN PRIVATE EASEMENTS WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT-OF-WAY.

12. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR A.

B.

DAMAGE TO: PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES INJURES OR DAMAGES TO OTHER PERSONS, PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 13. THE HOME OWNER'S ASSOCIATION NAME IS: 14. THE HOA RESTRICTIONS AND REGULATIONS DOCUMENT NUMBER IS 15. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER

A RESULT OF STREET DESIGN OR CONSTRUCTION 13. THE HOME OWNER'S ASSOCIATION NAME IS: 14. THE HOA RESTRICTIONS AND REGULATIONS DOCUMENT NUMBER IS 15. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION.

16. THE ARUBA PUD ORDINANCE NUMBER IS 031217.

17. VEHICULAR ACCESS SHALL BE PROHIBITED ONTO LOTS 18-25 AND 55, BLOCK 1 FROM LEEWARD DR. AND LOTS 25-36, BLOCK 1 FROM ARUBA DR.

18. THE CITY IS NOT RESPONSIBLE FOR MAINTENANCE AND OPERATION OF ANY STREET LIGHTS ON PRIVATE STREETS.

C24 18.74 26.00 S41° 24' 34"E 18.34 C25 67.73 52.00 N16° 32' 58"E 63.04 DETAIL "B" C45 E150 Houn 3.36 C26 31.42 28,28 C27 28.85 Easement Line Table C28 2.54 2.54 Line # Length Direction C29 0.06 0,06 E15 C30 22.28 28.00 S43° 44' 54"E 21.69 C31 22.28 C32 5.22 5.21 16.89 Λαος E16 3.32 E17 7.39 27.47 C35 C36 7.74 youn 28.28 Easement Curve Table Curve # Length Radius Chord Direction Chord Length Uno E5 jestyoun 63 E4 C120 E10 C41 C40 E1 Adojeboun E3 E11 PLAT OF ARUBA P.U.D.

CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS HANSON Copyright Hanson Professional Services Inc. 2016 Hanson Professional Services Inc.

4501 Gollihar Rd.

TBPE F-417/TBPLS F-10039500 JTBAE F-BR 2458 Corpus Christi, Texas 78411 CRAIG B. THOMPSON, P.E.

ENGINEER SURVEYDRC PHONE FAX: ENGINEER SURVEYOR EMAIL 361-614-9900 361-814-4401 SURVET DATE DRANH UT CHECKED BY APPROVED UY [email protected] WINS PROJECT

i, Texas 78411 CRAIG B. THOMPSON, P.E.

ENGINEER SURVEYDRC PHONE FAX: ENGINEER SURVEYOR EMAIL 361-614-9900 361-814-4401 SURVET DATE DRANH UT CHECKED BY APPROVED UY [email protected] WINS PROJECT 16E0337 CBT CBT DRAINING NAME PLAT DRAINING DATE 09/2019 Adojeboun E13 -E12 C44 Adoepsoun E14 SHEET 3 OF 3 VOL 69 PS 311 Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 36 of 38 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "B" Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 28 Unofficial Copy Unofficial Copy Unofficial Copy Declaration of Covenants, Conditions & Restrictions Aruba P.U.D., a Planned Unit Development Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 2020-2020053793 11/30/2020 8:58AM Page 37 of 38 EXHIBIT Unofficial Copy Monthly Dues for Aruba Bay Town Home Association Unofficial Copy Aruba Bay Resort Lots 1-24 November 20, 2020 Lot 1 $ 887.22 Lot 2 $ 887.22 Lot 3 $ 887.22 Lot 4 $ 887.22 Unofficial Copy Lot $ 887.22 Lot 6 $ 887.22 7 $ 887.22 8 $ 887.22 Lot $ 6 887.22 Lot 10 $ 579.98 Lot 11 $ 579.98 Lot 12 $ 579.98 Lot 13 $ 579.98 Lot 14 $ 579.98 Lot 15 $ 579.98 Lot 16 $ 579.98 Lot 17 $ 579.98 Lot Unofficiel Lot Cop18 $ 579.98 19 $ 550.86 Lot 20 $ 550.86 Lot 21 $ 550.86 Lot 22 $ 550.86 Lot 23 $ 550.86 Lot 24 $ 550.86 Unofficial Copy nofficial Copy Unofficial Copy Mofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 2020-2020053793 11/30/2020 8:58 AM Page 38 of 38 Nueces County Kara Sands Nueces County Clerk Instrument Number:® 2020053793 eRecording - Real Property DECLARATION Recorded On: November 30, 2020 08:58 AM Number of Pages: 38 “ Examined and Charged as Follows: " Total Recording: $165.00

ty Clerk Instrument Number:® 2020053793 eRecording - Real Property DECLARATION Recorded On: November 30, 2020 08:58 AM Number of Pages: 38 “ Examined and Charged as Follows: " Total Recording: $165.00 STATE OF TEXAS NUECES COUNTY I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Nueces County, Texas.

Kara Sands Nueces County Clerk Aone S , , ) Nueces County, TX Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Information: Record and, Return To: Document Number: 2020053793 CSC Receipt Number: 20201 125000047 241 1Centerville Road, Suite 400 Recorded Date/Time; ©’ November 30, 2020 08:58 AM User: Lisa C Wilmington DE Station: CLERK0O2