RE 2013-0813.3
RESOLUTION NO. 2013-0813.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING THE SECOND AMENDMENT
TO THE DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR MAIN STREET COPPELL RELATING TO
THEIR APPLICATION TO THE PROPERTY TO BE LOCATED
IN OLD TOWN (MAIN STREET) PHASE II; AUTHORIZING THE
MAYOR AND CITY MANAGER TO SIGN RELATED
DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Coppell (“City”) and the Coppell Economic Development
Foundation (“CEDF”) are parties to a real estate purchase and sale agreement regarding the sale
of the City’s property in Old Town Addition (“the Development”) to CEDF for the purpose of
having the property resold to and developed by Main Street Coppell, Ltd. (“MSC”); and
WHEREAS
, in accordance with that certain Development Agreement between City and
CSE Commercial Real Estate, L.P. (“CSE”) effective November 29, 2010, and amended
effective December 27, 2011, and assigned to MSC, MSC is required to adopt a declaration of
covenants and restrictions establishing a property owner’s association with respect to the
perpetual maintenance of the common areas of the Development among other things; and
WHEREAS
, MSC has in fact executed and recorded that certain Declaration of
Covenants, Conditions, and Restrictions for Main Street Coppell (“the Original Covenants”)
dated May 3, 2012, recorded as Document Number 201200128399 in the Official Public Records
of Dallas County, Texas; and
WHEREAS
, with the prior approval of the City Council, the Original Covenants were
amended by that certain First Amendment to Declaration of Covenants, Conditions, and
Restrictions (“the First Amendment”) dated and effective as of November 1, 2012, and recorded
as Document Number 201200331922 in the Official Public Records of Dallas County, Texas (the
Original Covenants and the First Amendment collectively being “the Covenants”); and
WHEREAS,
City and CEDF have entered into a second Purchase and Sale Agreement
(“the Phase II Purchase Agreement”) regarding the sale of an additional 7.9± acre tract of land
for the purpose of having the property resold to and developed by CSE for development of a
second phase of the Development; and
WHEREAS,
CSE desires that the Covenants be further amended to incorporate the land
to be ultimately purchased by CSE or its assigns pursuant to the Phase II Purchase Agreement so
that the additional property is subject to the Covenants; and
WHEREAS,
amendment to the Covenants requires approval of the City Council; and
WHEREAS
, having been presented the text of the proposed second amendment to the
Covenants for review and consideration, the City Council find it is in the best interest of the City
of Coppell and its citizens to approve said second amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL,TEXAS THAT:
SECTION 1. The Second Amendment to the Declaration of Covenants, Conditions, and
Restrictions for Main Street Coppell which is attached hereto as Exhibit 1,is hereby approved.
SECTION 2. The Mayor and City Manager of the City of Coppell, Texas, as appropriate,
are hereby authorized to execute such additional documents and certifications as reasonable and
necessary to certify and affirm the approval granted by this resolution.
SECTION 3. Should any part of this resolution be held to be invalid for any reason, the
remainder shall not be affected thereby, and such remaining portions are hereby declared to be
severable.
SECTION 4. This resolution shall take effect immediately from and after its passage,
and it is duly resolved.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the (3 ''day of 41,4 s-f- , 2013.
APP ' IVY I :
K.ren Se bo Hunt, M,.yor
ATT ST:
Christel Pettinos, ity Secretary
APPROV" i AS TO F I RM:
if . 4.4
Robe E. Hager, ity ttorney
(kb1:7/22/13:61485)
After recording return to:
Jeffrey Fink, Esq.
Apple & Fink, LLP
735 Plaza Blvd, Ste 200
Coppell, TX 75019
SECOND AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS FOR MAIN STREET COPPELL (“Second
Amendment”) is executed by Main Street Coppell, Ltd., a Texas limited partnership
(“Declarant”), to be effective as of _____________ ___, 20___.
RECITALS:
A. Declarant executed that certain Declaration of Covenants, Conditions, and
Restrictions for Main Street Coppell dated May 3, 2012, recorded as Document Number
201200128399 in the Official Public Records of Dallas County, Texas, (i) supplemented
by that certain First Supplemental Declaration of Covenants, Conditions, and Restrictions
dated effective as of June 25, 2012 and recorded as Document Number 201200186210 in
the Official Public Records of Dallas County, Texas, and (ii) amended by that certain
First Amendment to Declaration of Covenants, Conditions, and Restrictions dated
effective as of November 1, 2012 and recorded as Document Number 201200331922 in
the Official Public Records of Dallas County, Texas, and (iii) supplemented by that
certain Second Supplemental Declaration of Covenants, Conditions and Restrictions
dated effective as of December 3, 2012 and recorded as Document No. 201200361548 in
the Official Public Records of Dallas County, Texas, and (iv) supplemented by that
certain Third Supplemental Declaration of Covenants, Conditions and Restrictions dated
effective as of January 15, 2013 and recorded as Document No. 201300017361 in the
Official Public Records of Dallas County, Texas, and (v) supplemented by that certain
Fourth Supplemental Declaration of Covenants, Conditions and Restrictions dated
effective as of February 25, 2013 and recorded as Document No. 201300060281 in the
Official Public Records of Dallas County, Texas, and (vi) supplemented by that certain
Fifth Supplemental Declaration of Covenants, Conditions and Restrictions dated effective
as of May 6, 2013 and recorded as Document No. 201300146915 in the Official Public
Records of Dallas County, Texas, and (vii) supplemented by that certain Sixth
Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of
May 13, 2013 and recorded as Document No. 201300151249 in the Official Public
Records of Dallas County, Texas, and (viii) supplemented by that certain Seventh
Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of
June 3, 2013 and recorded as Document No. 201300177105 in the Official Public
Records of Dallas County, Texas (as so supplemented and amended, the “Declaration”),
imposing certain covenants, conditions and restrictions on certain real property located in
Dallas County, Texas, as more particularly described therein.
B. Main Street Coppell 2, Ltd., a Texas limited partnership (“MSC2”) has
Exhibit “A”
notified Declarant that it desires to add the property described on attached
hereto (the “Phase 2 Property”) to the coverage of the Declaration as and when MSC2 or
its successors and assigns acquires title to all or portions of the Phase 2 Property pursuant
to the terms of that certain Option Agreement (the “Option Agreement”) dated April 25,
2013, between the Coppell Economic Development Foundation and CSE Commercial
Real Estate L.P. (“CSE”)(the interest of CSE under the Option Agreement having been
assigned to and assumed by MSC2).
C. Declarant has determined that the Phase 2 Property is similar to the other
residential property subject to the Declaration and is willing to add the Phase 2 Property
to the coverage of the Declaration.
D. During the Declarant Control Period, Declarant has the unilateral right and
power to amend the Declaration to, among other purposes, add the Phase 2 Property as
“Additional Property”.
E. Declarant desires to amend the Declaration to (i) modify certain
definitions in the Declaration, (ii) provide for the addition of the Phase 2 Property to the
coverage of the Declaration, and (iii) modify the Main Street Coppell Landscaping
Guidelines.
NOW, THEREFORE, Declarant hereby amends the Declaration as follows:
1. Capitalized terms not defined herein shall have the same meanings set
forth in the Declaration.
2. The following definitions shall be modified as follows:
“Common Properties” or “Common Areas” shall be amended to include the
common area lots shown on the plat of the Phase 2 Property, including the parking areas,
walls, fences and any other improvements now or hereafter located on such lots. The
current Common Properties to be included within the Phase 2 Property are shown on
Exhibit “B-1”
attached hereto which shall be deemed added as a part of Exhibit “B” to
the Declaration.
“Lot” shall be amended to include the residential lots shown on the plat of the
Phase 2 Property.
“Property” shall be amended to include the Phase 2 Property.
3. At least five (5) days prior to the closing of the sale of each Lot within the
Phase 2 Property pursuant to the terms of the Option Agreement, MSC2 shall notify
Second Amendment to Declaration of Covenants, Conditions and Restrictions
Declarant in writing of the Lot(s) to be included at such closing. Concurrently with each
such closing, Declarant shall, at the expense of MSC2, add such Lot(s) to the coverage of
the Declaration by executing and recording a Supplemental Declaration. Each Lot so
added to the Declaration by Supplemental Declaration shall be subject to all of the terms
and conditions of the Declaration, including Assessments and the architectural approval
rights contained in Article VII.
4. Concurrent with the first closing of a Lot(s) within the Phase 2 Property,
MSC2 shall convey the common area lots shown on the plat of the Phase 2 Property to
the Association, and the Association shall assume responsibility for the maintenance and
repair of such common areas.
5. Concurrent with the closing of the sale of the first Lot(s) within the Phase
2 Property, the Landscaping Guidelines for Main Street Coppell shall be restated and
Exhibit “B”
amended as shown on attached hereto.
6. Except as amended hereby, the Declaration remains in full force and effect
in accordance with its original terms and conditions.
{Signature Pages Follow}
Second Amendment to Declaration of Covenants, Conditions and Restrictions
EXECUTED to be effective as of the date first written above.
DECLARANT:
MAIN STREET COPPELL, LTD.
By: CSE-Provident, LLC, its general partner
By: �� .l�
Charles Cotten, Manager
MSC2:
MAIN STREET COPPELL 2, LTD.
By: CSE Commercial Real Estate, LP
a Texas limited partnership,
its General Partner
By: Debco Partners, LLC,
a Texas limited liability company,
its General Partner
By: (' ^xiS Li7�174.,
Name: Charles Cotten
Title: Manager
Second Amendment to Declaration of Covenants,Conditions and Restrictions
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me the undersigned authority, on the
R.S day of , , by Charles Cotten, Manager, CSE-Provident, LLC, a
Texas limited lia lity company, the general partner of Main Street Coppell, Ltd., a Texas
limited partnership, for and on behalf of said company and partnership.
t TERESA ELAINE CROW MyCommLAIN Expires
g‘; n
January 10,2017 `G
Notary Public, State of Texas
My Commission expires:
ti pp 117
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was ACKNOWLEDGED before me on theaV day of Au ,
2013, by Charles Cotten, Manager of Debco Partners, LLC, a Texas limited liabi y
company, General Partner of CSE Commercial Real Estate, LP, a Texas limited
partnership, which is the General Partner of Main Street Coppell 2, Ltd., a Texas limited
partnership, on behalf of such limited partnership.
TERESA ELAINE CROW . L� ,e-t-t-------
∎� My Commission Expires Notar Public State of Texas
January 10,2017
My Commis ion Expires: jIC/r t, CI &f(.�f/ie,
en)
C'( lib Printed Name of Notary Public
Second Amendment to Declaration of Covenants,Conditions and Restrictions
EXHIBIT “A”
P2P
HASE ROPERTY
Being Lots 1-13, Block A, Lots 1-32, Block B, Lots 1-8, Block C and Lots 1-11, Block D
of the Replat of Lots 1-13 and 1X, Block A, Lots 1-32, Block B, Lots 1-8 & 2X, Block C
and Lots 1-11 & 3X-4X, Block D, Old Town (Main Street), Phase II Addition, Being a
Replat of Lots 1-5, Block A, The Villages of Old Coppell and a portion of Lot 1, Block
A, Grapevine Springs Community Center, being an 8.639 acre tract out of the James A.
Simmons Survey, Abstract No. 1296 City of Coppell, Dallas County, Texas, an Addition
to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in
CC# 2013________, Official Public Records of Dallas County, Texas.
Second Amendment to Declaration of Covenants, Conditions and Restrictions
EXHIBIT “B”
AMENDED AND RESTATED LANDSCAPE GUIDELINES
FOR
MAIN STREET COPPELL – PHASES 1 AND 2
Second Amendment to Declaration of Covenants, Conditions and Restrictions