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Riverchase(3)-CS 940801 P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 August 1, 1994 Mr. Jerry Ragsdale, Vice President Riverchase Owners Association 8440 Walnut Hill Lane 8th Floor LB 3 Dallas, TX 75231 Re: Landscape Maintenance of MacArthur Blvd. Dear Mr. Ragsdale: This letter is written as a follow-up to your June 3, 1994 letter in which you requested information concerning the City's position that the Riverchase Owners Association should provide landscape maintenance in MacArthur Blvd. Subsequent to your letter, I have provided our City Attorney copies of the original Declaration of Covenants, Conditions and Restrictions for Riverchase, A Master Planned Community in Coppell, Texas as revised on October 16, 1984. It is the opinion of the City Attorney that the medians along MacArthur Blvd. are a part of the "Common Area" as defined in the association documents. The Covenants require that the Riverchase Owners Association maintain, repair and restore all "Common Areas". The Covenants also grant the City of Coppell the power to perform maintenance if the association fails to perform the maintenance after being notified by the City. The Covenants also go on to state that if the City performs the maintenance, the City can collect all assessments due the association for maintenance. Furthermore, if the City assumes the maintenance obligation the association shall not collect any assessments. Based on the wording in the Covenants and our City Attorney's legal opinion of those Covenants, the City of Coppell maintains that the association should continue to maintain the landscaping in MacArthur Blvd. I hope this information has adequately addressed your concerns about this issue. Sincerely, Tom Morton Mayor