Mariners Landing Development Corporation (MLDC)

Conditions, Covenants and Restrictions

Property Uses

Each residential lot will be used only for single-family homes unless exceptions are approved in writing by the Mariners Landing Development Corporation.

Sub-dividing

No residential lots currently less than ½ acre in size may be subdivided into smaller lots. But two or more lots may be combined to create one large lot.

Construction

The Mariners Landing Development Corporation shall approve building plans prior to commencement of construction of any building, major improvement of a building, out building, fence or any other structure. Building materials should be of treated lumber, brick, or concrete. Palapas (thatched palm) and other tropical materials should be for decorative use only.

Set Backs

No building shall be constructed less than ten (10) feet from the side lot lines (East<>West). Ocean front properties shall be constructed not less than thirty (30) feet from the ocean side (South) survey line and not less than ten (10) feet from the back (North) of the property line. Ocean view properties shall be constructed not less than twenty (20) feet from the ocean side (South) survey line and not less than ten (10) feet from the back (North) of the property line.

Fences

Fence heights can not exceed five feet without the express and written approval from the Mariners Landing Development Corporation. Fences or walls that obstruct visibility will not be allowed in front of a property facing the beach.

Septic Systems

Construction of the septic system is the financial responsibility of the lot owner. It must be an environmentally friendly system which complies with the pre-approved septic plan by the governing environmental agency of Honduras (DECA), and it must be strictly followed. The Mariners Landing Development Corporation will oversee and/or build the septic system. A reasonable competitive fee will be charged for this service.

Cistern Systems

A minimum 5000 gallon cistern is required for each home site. You may consult with the Mariners Landing Development Corporation to select the appropriate size for your home.

Maintenance of Lots

All property within the community, including buildings, improvements, and landscaping shall be kept and maintained in a clean and attractive condition and in good repair. Maintenance, repair, and upkeep of each site shall be the responsibility of the owner(s) of the site. Violations of this section by an owner shall permit the developer to enter the site and cure the violation and to levy and collect a reimbursement assessment for the cost of so doing: provided, however, that there shall be no entry into the interior of an improvement intended for human occupancy without the consent of the owner thereof unless a clear emergency exists. Lots without buildings shall also be kept trimmed.

Temporary Structures & Unsightly Items

All property shall be maintained in good repair free from debris, stored goods, unsightly vehicles & boats, etc. Trailers, shacks, tents, etc. shall not be permitted except during construction, and then only for a maximum of fourteen (14) months.

Construction & Improvements

New construction, additions, and improvement projects must be completed within fourteen (14) months from the beginning of construction. No loud noises due to construction type activities will be permitted between the hours of 7:00 PM and 7:00 AM.

Utilities

The Mariners Landing Development Corporation infrastructure provides each home site with underground conduit for electrical and cable TV/internet services. All utilities must be underground from the approved transformer station assigned to the building site and then distributed to the residence’s house and out buildings.

Solid Waste & Garbage

Community garbage receptacle bins are provided for residents. These bins are located next to the transformer stations and are clearly marked. Recycle bins are also provided. No burning or burying of garbage is permitted. The community bins are for common household garbage only, and do not include building site debris, fallen trees, broken furniture etc.

Pets

Only domestic animals will be permitted and these must be contained on the owner’s property or on a leash and in any case not disturbing to other residents. All residents should be allowed to walk the beach undisturbed or molested by owners pets. No livestock (farm animals) or endangered animals are permitted in the development.

Trees

It is the developer’s intention to keep as many of the nice trees in the development as possible. No living and disease or insect free trees with diameters of more than 6” should be cut within the community unless the trees are in the approved improvement envelope. While approval is not needed to cut trees on your property, please try to save the larger trees on your property.

Future Owners

These covenants are applicable to all future owners. The present signatory owner(s) will ensure that such future owners understand that the covenants run with the relevant properties. The Covenants and Conditions are perpetual from the current owner(s) to the next and must be included in the terms of purchase.

Sea Side Colony Membership

As a property owner, you will become a member of Mariners Landing Sea Side Colony and abide by its Covenants and Conditions, Rules and Regulations. The annual membership is $600 ($50/month). Membership will include Mariners Landing Sea Side Haven Clubhouse usage.

Membership provides all property owners and their guests with road maintenance, beach access, pier maintenance, trash disposal, daily security patrol, fire suppression system, Colony arrival and departure water taxi transportation from Utila. Club House membership provides owners and their guests access to the pool, ocean water toys i.e., kayaks and snorkeling equipment, Club House internet access, TV, lounge, exercise equipment, and restaurant and bar at a 10% discount.

The first 30 feet from high tide is a public right-a-way and will be maintained by MLDC, including beach cleaning and pathway maintenance.

Mariners Landing Sea Side Colony Association

When 75% of Mariners Landing Sea Side Colony lots are sold, there will be a creation of a property owners association with an elected Board of Directors.

Optional Services

As a property owner, arrangements can be made at an additional fee for services while you are in residence or away and managed by Mariners Landing Development Corp. These “ala carte” services are: house keeping on a weekly/monthly or as needed schedule, laundry service as requested, yard/lot maintenance can be arranged on a regular schedule to help keep each lot in compliance with the maintenance covenant, water taxi transportation, and assistance with boat storage in your bodega during your absence.

Mariners Landing Development Corporation will provide property management services for those owners who wish to rent their vacation home.

Amendments

Amendments to these covenants may be made from time to time by the developer for the protection and security of all property owners. Amendments will become the responsibility of the Mariners Landing Sea Side Colony Association when it is developed.