PD108R-CS 951122 2 21995
Baptist Foundation of Texas has managed all or part of this 115-acre tract, located on the south side
of Bethel Road, north of the Union Pacific railroad tract and bordered by Coppell Road on the west
and Denton Tap Road on the east, since the 1960's for institutional owners. It is the Foundation's
desire to maximize the value of this property for its clients through a quality development process.
Prior to 1989, this property was zoned to allow amusement type uses. In early 1989, the Foundation
was contacted by then, Coppell Mayor Lou Duggan, regarding providing a facility for the Texas
Engineering Extension Service of Texas A & M University. This request was made following
unsuccessful attempts to solicit donations from other property owners. In a joint agreement, dated
March 14, 1989, between the Foundation, the City of Coppell and the Coppell Independent School
District, the Foundation agreed to donate 10 acres of land for this facility. The City of Coppell's
obligation was to fund the construction of a 30,000 square foot facility. ~
In order to provide for the intended uses of the Texas A & M facility, and in anticipation of the
auxiliary business generated by this facility, the Foundation proceeded with the re-zoning of this
property to Light Industrial through a planned development. In addition, donation of land for Bethel
Road was made to the City of Coppell by the Foundation. After this zoning process was completed,
the project was terminated due to lack of funding by the City of Coppell for the building
construction.
Subsequently, the Foundation donated approximately 15 acres along Grapevine Creek, as park land
to Dallas County. The City of Coppell subsequently obtained use of this park through a long term
licensing agreement. This park contains significant improvements constructed during the "New
Deal" of the 1930's and also includes special significance in the history of Texas.
During the last five years, little interest in the development of this land into light industrial uses has
been generated. The significant topography, numerous specimen trees, park area centered in the
parcel and lack of adequate access for large trucks on the north, south and west sides significantly
affect this parcel for light industrial uses. This year, a major land use and master planning study was
initiated to determine the best utilization of this parcel. The purchase of the eastern 20 acres of this
parcel during this study by the First Baptist Church of Coppell was also included in this analysis.
The results of our comprehensive study dictate a mixed use development, specifically tailored to the
characteristics of the site provides the required economic enhancement and a quality development
for the City of Coppell.
In order to implement this master plan, it is the Foundation's intention to modify the planned
development to allow for the proposed church, single family residential (including empty
nester/professional residential) and light industrial uses in a controlled, quality development.
~ COMMISSIONERS' COURT NOV Z ~ 1995
Mr. Lynn Craft
Baptist Foundation of Texas
1601 Elm Street, suite 1700
Dallas, Texas 75201-7241
Re: Grapevine springs Park
Coppell, Texas ,
Dear Mr. Craft:
Per our recent discussions, this letter is to advise you that
Dallas County greatly appreciates your offer of additional
donations of land to the referenced park. These donations Fould be
in addition to the 15.537 acres of park land donated in 1991.~ It
is our understanding that these additional donations would be made
in a phased process matching your re-zoning and development of the
adjacent property.
The initial donation would' contain approximately 1.5 acres ,of
adjaCent land immediately east of the existing.park and is located
on the east side of Grapevine Creek.- The second phase of' the
donation would involve a land exchange whereby additional land~,
including the western tip of the historic improvements which.are
not currently located within the park, would be dgnated to the
County. The County, in turn, would deed to Baptist Foundation of
Texas certain adjacent- park lands for use in the overall
development. This land exchange would result in a net increase of
land to Dallas County with exact area yet to be determined.
We sincerely appreciate you working with us in providing, these
additional donations. In addition, we would like to'emphasize'our
strong support for the re-zoning you currently are pursuing with
the adjacent areas. We feel the residential zoning adjacent to the
park will be a significant improvement and help maintain the
overall quality of the park over the long-term. In addition, your
efforts to save as many of the existing trees in the adjacent
residential development is appreciated.
We look forward to working with you closely as your -development
process proceeds and finalizing the agreements to accomplish the
above. Do not hesitate to contact me to assist in the process.
411 Elm Street Dallas, Texas 75202 653-7361
PRELIMINARY
HOMEOWNER'S ASSOCIATION AGREEMENT
FOR SUMMIT AT THE SPRINGS ADDITION,
COPPELL, TEXAS
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This Agreement made as of the day of ., 199 , by
(Company Name), a Texas corporation
WITNESSETH:
Whereas, Developer desires to establish the Land as a single family development consisting
of lots which are individually owned in fee simple;
Now, therefore, Developer does hereby publish and declare that the following terms,
provisions, covenants, conditions, easements, restrictions, reservations, uses, limitations, and
obligations shall run with the Land, and shall be a burden and benefit to the Developer, the Owners
and their respective heirs, legal representatives, successors, and assigns:
DEFINITIONS
Section 1.01 As used in this Agreement, the following terms shall have the meaning set forth
below:
(a) "Association" shall mean the (insert name) OWNERS ASSOCIATION, a Texas
corporation, created for the purposes and possessing the rights, powers, and authority
set forth herein and in the Charter.
(b) "Board of Directors" shall mean the Board of Directors of the Association named in the
Charter and their successors as duly elected and qualified from time to time.
(c) "Building" shall mean any vertical structure located on the Land.
(d) "Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of
Directors, as duly amended from time to time.
(e) "Charter" shall mean the Articles of Incorporation of the Association filed with the
Secretary of State of Texas as fuly amended from time to time.
(f) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes,
liens, reservations, and assessments set forth herein, and as set forth in the Declaration
of Covenants, Conditions and Restrictions to be filed of record by Developer
simultaneously with the filing of the Plat of Summit at The Springs.
(g) "Deed" shall mean a deed or other instrument conveying the fee simple title to a lot.
(h) "Developer" shall mean (Company Name), a Texas corporation, and any party to
whom it shall expressly assign in writing its rights, powers, privileges, or prerogatives
hereunder.
(i) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien
or encumbrance upon a Lot.
(j) "First Mortgagee" shall mean any bank, insurance company, savings and loan
association, mortgage company, agency, or instrumentality of the United States
Government or other institutional holder of First Lien Indebtedness.
(k) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more
particularly described in Exhibit "A" attached hereto and made a part hereof, together
with all and singular the rights and appurtenances pertaining thereto.
(1) "Lot" or "Lots" shall mean, individually or collectively, those numbered lots designated
on the Preliminary Plat of Summit at The Springs Addition, Coppell, Texas, submitted
simultaneously herewith.
(m) "Owner" shall mean and refer to the person or persons, entity or entities, who own of
record fee simple title to a Lot. The term "Owner" to exclude any person or persons,
entity or entities, having an interest in a Lot merely as a security for the performance of
an obligation and the term "owner" to include Developer if Developer is a record owner
of fee simple rifle to a Lot.
(n) "Plat" shall mean that certain Plat depicting the (Subdivision Name), an addition to the
City of Coppell, Dallas County, Texas, as approved by the City Council of the City of
Coppell, Texas for recording in the Map Records of Dallas County, Texas, as the same
may be amended from time to time.
(o) "Residence" shall mean that portion of a Building which is located wholly on a Lot and
which is designed as a single-family dwelling unit (including that portion of any such
Residence which is a garage for the parking of automobiles).
ARTICLE II
GENERAL PROVISIONS
Section 2.01 The land shall be subject to the Covenants and said Covenants shall run with,
be for the benefit of, and bind and burden the Land.
Section 2.02 The Covenants shall be binding upon and for the benefit of each owner and his
heirs, executors, administrators, trustees, personal representatives, successors, and assigns,
whether or not so provided or otherwise mentioned in the Deed.
USE RESTRICTIONS
Section 3.01 All Lots within the Land are and shall be restricted to the extent set forth in the
Declaration, Conditions and Restrictions for Summit at The Springs Addition, Coppell, Dallas
County, Texas, to be filed in the Deed Records, Dallas County, Texas, simultaneously with the
filing of the Plat of said addition, to the same extent as if said Declaration were quoted verbatim
herein.
ASSOCIATION ORGANIZATION AND MANAGEMENT
~ The Board of Directors of the Association shall consist of not less than three (3)
nor more than six (6) members, the exact number to be fixed in accordance with the provisions of
the Bylaws. The initial Board of Directors shall consist of ,
and
~ The Association shall have two classes of voting membership:
(a) Class A: Class A members shall be all Owners with the exception of the Developer.
Class A members shall be entitled to one (1) vote for each Lot which they own. When
more than one person holds record title to a Lot, all such persons shall be members of
the Association; however, thc vote for such Lot shall be exercised as they among
themselves determine, but in no event shall mom than one vote be cast with respect to
any such Lot.
(b) Class B: The Class B member shall be the Developer. The Class B member shall have
a total number of votes equal to one and one-fourth (1 1/4) votes per lot which he
owns. However, on the later of (a) December 31, 2000, or (b) when the Class B
member only retains title to one remaining Lot, the Class B member shall at all times
thereafter be entitled to only one (1) vote for every Lot owned by it. Notwithstanding
anything to thc comrary contained herein, thc Class B member shall be entitled to only
one (1) vote for each Lot which it then or thereafter owns.
Section 4,03 Each Owner of a Lot shall be a member of thc Association, and such
membership shall continue so long as such person or entity continues to be an Owner. The
membership of any Owner in the Association shall be appurtenant to and may not be separated
from record ownership of any Lot, and the wansfer of any membership in the Assocafion which is
not made as a part of the transfer of a lot shall be null and void. Ownership of a Lot shall be thc
sole qualification of being a member of the Association. Each Owner shall comply with all roles
and regulations as established by thc Association from time to time. Land designated Common
Area within The Addition shall not be deemed a Lot for voting purposes.
Section 4,04 The Association shall have the duty to enforce the covenants and maintain all
common areas on thc land and shall have the right, power, and authority to do any act which is
consistent with or required by the provisions of these Covenants or the Bylaws, whether thc same
be expressed or implied, including but not limited to thc following:
(a) The .power to levy and collect Assessments (of whatever nature) for the maintenance,
repair, or replacement of thc common areas existing on the land and for such other
purposes as are herein provided for;,
(b) The power to keep accounting records with respect to all activities and operation of the
Association, and hire management or legal services to provide for administration of the
Association;
(c) The power to contract with and employ others for maintenance and repair;, and
(d) The power to adopt rules and regulations concerning the operation of the Association.
If the Board of Directors shall fail or refuse to enforce the Covenants or fail to maintain the
common areas for an unreasonable period of time, after written request to do so, then any
aggrieved Owner may enforce these Covenants on his own behalf by appropriate action, whether
in law or in equity or the City of CoppeR, through its City Council, may enforce such covenants to
the extent herein set forth.
Section 4.05 For the purpose of these restrictions, Common Areas that are expected to be
maintained by the Association include, but are not limited to:
(a) The masonry wall and foundation along Bethel Road;
(b) The landscaping and irrigation between Bethel Road wall and curb;
(c) The entry area landscaping, irrigation, walls, signage, and security equipment and/or
building, if any.
(d) Median areas as indicated on Plat.
(e) Perimeter landscape area as indicated on Plat.
Section 4,Q6 Of the common areas listed above, the following are "Common Areas of City
Interest" as that term is used herein:
(a) The masonry wall and foundation along Bethel Road;
(b) The landscaping and irrigation between Bethel Road Wall and curb;
(c) The entry area landscaping, irrigation, walls, signage, and security building, if any,
and
(d) Median areas as indicated on Plat.
(e) Perimeter landscape area as indicated on Plat.
Section 4,07 Should the association or its Board fail or refuse to maintain such Common
Areas of City Interest to City specifications for an unreasonable time, not to exceed ninety days,
after written request to do so, the City of Coppell, by and through a majority of its City Council
members, shall have the same fight, power and authority as is herein given to the Association and
its Board of Directors to enforce these covenants and levy assessments necessary to maintain the
Common Areas of City Interest listed in Section 4.06. It is understood that in such event, the City
of Coppell, Texas, through its City Council, may elect to exercise the fights and powers of the
Association or its Board of Directors, to the extent necessary to take any action required and levy
any assessment that the Association might have, either in the name of the Association, or
otherwise, to cover the cost of maintenance of said Common Areas of City Interest.
4
ASSESSMENTS MAINTENANCE FUND AND ASSESSMENT LIENS
Section 5.01 The Association shall possess the right, power, authority, and obligation to
establish an annual assessment sufficient in the judgment of the Board of Directors to pay when
due all charges and expenses related to the operation of the Association. Such annual assessments
so established shall be payable by the Owners on the first day of each calendar year. They shall be
applied to the payment of charges for which the Association is responsible, including, without
limitation, charges relating to maintenance and repair, public liability and other insurance coverage
which is required or permitted to be maintained by the Association, taxes, assessments, and other
governmental impositions not separately levied and assessed, utilities not separately assessed,
professional services (such as accounting and legal), and such other costs and expenses as may
reasonably relate to the proper operation, management, and administration of the Association. No
consent or approval of the Owners shall be required for the establishment of the annual
assessments contemplated by this Section.
During initial sales and construction phases, Owners other than the original developer shall
pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated
starting the month following the date of purchase, with one twelfth (1/12) of the annual assessment
calculated for each remaining month of the calendar year. This pro rata assessment is due and
payable within 30 days from the date of purchase. Thereafter, the assessments are annual as per
this section.
Initial assessments are anticipated to be dollars ($ ) per lot
per month which will be the basis for determining pro rata assessments on a calendar year basis.
~ Prior to the commencement of each calendar year, the Association, through the
Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth the
anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to inform
each Owner of the nature and extent of the expenses anticipated to be incurred, and shall be
accompanied by a statement setting forth each owner's annual pro rata share thereof and the date on
which such annual assessment first comn~nces to be payable. The Board may provide that annual
assessments shall be paid monthly, quarterly, semi-annually, or annually. No further
communication shall be necessary to establish the amount of each owner's obligation regarding the
annual assessment payable hereunder, and the failure of the Board of Directors to timely deliver the
budget provided for herein shall in no event excuse or relieve an owner from the payment of the
annual assessments contemplated hereby. Any budget prepared and delivered to the Owners as
hereby contemplated may be amended as and to the extent reasonably neces~, and the amount of
an Owner's annual assessment changed, to correspond therewith.
~ The Annual Assessments shall include reasonable amounts, as determined by
the Board, collected as reserves for the future periodic maintenance, repair, and/or replacement of
all or a portion of the Common Area. All amounts collected as reserves, whether pursuant to this
Section or otherwise, shall be deposited by the Association in a separate bank account to be held in
trust for the purposes for which they were collected and are to be segregated from and not
commingled with any other funds of the Association. Assessments collected as reserves shall not
be considered to be advance payments of regular Assessments.
Section 5,03 In addition to the annual assessments contemplated hereunder, the Association
shall possess the right, power, and authority to establish special assessments from time to time as
may be necessary or appropriate in the judgment of the Board of Directors to pay (i) non-recunSng
expenses relating to the proper operation, management, and the administration of the Association,
or (ii) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or
5
reconstruction of specific Lots (including the Buildings thereon) in the manner hereinafter
specified.
Section 5.04 Each Owner shall be personally obligated to pay his pro rata share of all
assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal
to a percentage of the total amount of the assessments established pursuant to these Covenants
determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute
the personal obligation of the Owner of such Lot at the time such assessment became due. No
Owner shall be entitled to exempt himself from the liability of such Owner's obligation to pay such
assessments by an abandonment of his Lot or by any other action whatsoever. Any such
assessment not paid within ( ) days of the date due shall bear interest at the rate
of ( %) per annum, and shall be recoverable by the Association, together with interest as
aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, in a
court of competent jurisdiction sitting in Dallas County, Texas. It shall be the responsibility of the
Board of Directors to collect any such delinquent assessments, the existence of which shall be
made known by written notice delivered to the defaulting owner and such Owner's First
Mortgagee.
Notwithstanding the previous paragraph, until such time as Class B member votes transition
to one vote per lot pursuant to Section 4.02 (b), the Developer shall not be obligated to pay pro rata
share assessments on lots owned by the Developer.
Section 5,Q5 An Owner's pro rata share of all assessments established pursuant to these
Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in
favor of the Association, which lien shall be prior and superior to all of the liens and encumbrances
upon such Lot and Residence, regardless of how created, evidenced, or perfected, other than the
liens securing the payment of First Lien Indebtedness and the lien for unpaid taxes, assessments,
and other governmental impositions. Such lien and encumbrance may be enforced by any means
available at law or in equity, including, without limitation, a nonjudicial foreclosure sale of the Lot
of a defaulting owner conducted in accordance with the provisions of V.T.C.A. Property Code
Section 51.002 with the Board of Directors having the power to appoint a trustee to conduct such
sale. The Association or any other Owner may be the purchaser at such foreclosure sale.
Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First
Mortgageee, or any other interested party requesting such information, a statement setting forth the
amount of any delinquent assessments payable by an owner, as well as the amount of the annual
assessment payable at the time of such request.
ARTICLE VI
IMPROPER MAINTENANCE BY OWNER
Section 6.01 In the event any Lot (including Building or Residence located thereon) is, in the
judgment of the Board of Directors, so maintained by its Owner as to not comply with these
Covenants or so as to present a public or private nuisance or so as to substantially detract from the
appearance or quality of the neighboring Lots or other areas of the Land which are substantially
affected thereby or related thereto, the Association, through the Board of Directors, may, by
resolution, make a finding to that effect specifying that the particular condition or conditions which
exist, and pursuant thereto deliver notice thereof to the offending Owner that unless corrective
action is taken within ten (10) days, the Association will cause such action to be taken at such
owner's cost. If at the expiration of said ten (10) day period of time the requisite corrective action
has not been taken, and unless a reasonable extension is approved by the Board of Directors the
Board shall be authorized and empowered, on behalf of the Association, to cause such action to be
taken. Such corrective action allows for access, and trespass may be necessary to complete the
6
maintenance. The cost (thc "Maintenance Cost") thereof shall be assessed against the Lot of the
offending Owner and shall be secured by the Maintenance Lien as hereinafter provided. Written
notice of such assessment shall be delivered to the offending Owner which notice shall specify the
amount of such Maintenance Cost and shall demand payment thereof within thirty (30) days after
the date of said notice.
~ The Board of Directors shall have thc right at any time there are unpaid
Maintenance Costs outstanding with respect to a Lot to ~e with the County Clerk of Dallas
County, Texas, a statement describing such lot and declaring the amount of unpaid Maintenance
costs relating thereto in which event, upon such filing, there shall be automatically imposed on
such Lot a Lien (the "Maintenance Lien") in favor of the Association for thc amount of such unpaid
Maintenance Costs relating to any such lot. Upon a payment of the Maintenance Costs secured by
such maintenance Lien by or on behalf of the Lot against which the Maintenance Lien is imposed,
the Board of Directors shall f'fle or record with the County Clerk of Dallas County, Texas, and
appropriate release of such Maintenance Lien previously filed against the Lot thereof for such
Maintenance Costs. The Maintenance Lien shall be for the sole benefit of the Association.
Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee, personal
respresentafives, successors and assigns, covenants and agrees:
(a) That he will pay to the Association within ( ) days after the date of
written notice thereof any Maintenance Costs assessed against his Lot; and
(b) That by accepting any Deed to his Lot, he shall be and remain personally liable for any
and all Maintenance Costs assessed against his LOt while he is (or was) the Owner
thereof, regardless of whether such Covenants or agreement are expressed in such
Deed and regardless of whether he signed the Deed.
Section 6.04 If the Owner of any LOt fails to pay the Maintenance Cost when due, the Board
of Directors may enforce the payment of the Maintenance Cost and/or the Maintenance Lien by
taking either or both of the following actions, concurrently or separately, and by exercising either
of the remedies hereinafter set forth, the Board of Directors does not preclude or waive its rights to
exercise the other remedy:
(a) Bring an action at law and recover judgment against the Owner personally obligated to
pay Maintenance Cost;
(b) Foreclose thc Maintenance Lien against the Lot in accordance with thc prevailing Texas
law relating to the foreclosure of realty mortgages and liens (including the power of
conducting a nonjudicial sale in accordance with thc provisions of V.T.C.A. Property
Code Section 51.002 and the right to recover a deficiency). The Board of Directors
shall have the power to appoint a trustee to conduct such sale.
The sale or transfer of any Lot shall not affect the Maintenance Lien.
Section 6,05 In any action taken pursuant to Section 6.04 of this Article, the Owner shall be
personally liable for, and the maintenance Lien shall be deemed to secure the amount of, the
Maintenance Cost together with interest thereon at the rate of percent ( %)
per annum, and reasonable attorney's fees.
7
ARTICLE VII
ARCHITECTURAL CONTROl,
Section 7.01 The Developer hereby appoints an Architectural Control Committee (herein so
called), which shall consist of three (3) members who shall be natural persons. The initial
members of the Architectural Control Committee are:
and . All matters before the Architectural Control Committee shall be decided
by majority vote of its members. After ,199__, the Association shah assume
all of the rights and powers of the Architectural Control Committee and shall exercise same,
through the Board of Directors, in the manner herein provided. In the event of death, incapacity or
resignation of a member of the Architectural Control Committee, the successor for such member
shall be appointed by the majority of the remaining members of the Architectural Control
Committee, if such death, incapacity or resignation occurs on or before the above date and by the
Association if such death, incapacity or resignation occurs thereafter.
~f, iiO. g._2.,~ No building, fence, wall, sign, exterior light, or other structure or other
apparatus, either permanent or temporary, shall be commenced, erected, placed, or maintained
upon the Land (or any Lot constituting a part thereof), nor shall any remodeling or reconstruction
thereof, exterior addition thereto, change therein, or alteration, excavation, subdivision, or
resubdivision thereof, including without limitation changes in or alterations to grade, roadways,
and walkways, be made until three (3) copies of the plans and specifications showing the nature,
kind, shape, height, materials, color, and location, and other material attributes of 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 Architectural Control Committee. All plans and
specifications submitted to the Architectural Control Committee shall include plats showing the
proposed locations on the Land and the dimensions of all improvements and shall specify in
addition to construction diagrams and specifications, all materials to be used and color schemes for
all improvements. If the Board fails to approve or disapprove such design and location within
thirty (30) days after such plans and specifications have been submitted to it, approval of the
Architectural Control Committee will be deemed to have been given, and this Article will be
deemed to have been fully commplied with. The Architectural Control Committee shall have the
right, in the sole discretion of the Architectural Control Committee, to disapprove any plans and
specifications submitted to it for any of the following reasons: (a) If such plans and specifications
are not in accordance with any of the provisions of these Covenants or the codes, ordinances, and
regulations of the City of Coppell, Texas; (b) if the external design, elevation, appearance,
location, or color scheme for the proposed improvements are not in harmony with the general
surroundings of the Land or with the adjacent dwellings or structures or with the topography; (c) if
the plans and specifications submitted are incomplete; (d) if the design, appearance, or location of
any landscaping is not in harmony with the general surroundings or topography; (e) if the
Architectural Control Committee deems the plans and specifications, or any part thereof, to be
contrary to the interest, welfare, or rights of any or all parts of the Land. The Architectural Control
Committee is authorized to accept whatever drawings, plans, or specifications as it deems desirable
within its sole discretion to be in satisfaction of the foregoing. The decision of the Architectural
Control Committee shall be final, conclusive, and binding upon all Owners. Neither the
Arthitectural Control Committee nor Developer shall be responsible in any way for any defects in
any plans or specifications submitted, revised, or approved in accordance with the foregoing, nor
for any structural or other defects in any work done according to such plans and specifications.
The signature of any two members of the Architectural Control Committee on any such plans and
specifications with "approved" or "disapproved" written or stamped thereon shall be prima facie
evidence as to such approval or disapproval being the act of the full Architectural Control
Committee.
~ The Architectural Control Committee shall have the fight, but not the oblignrion,
to enforce the provisions of these Covenants and to such end shall have the same powers as herein
given to the Association and its Board of Directors. If the Architectural Control Committee shall
fail or refuse to enforce these Covenants for an unreasonable period of rime after written request to
do so by any aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his
own behalf by appropriate action.
~ Neither Developer, the Association, the Architectural Control Committee, and
the Board nor the officers, directors, members, employees and agents of any of them, shall be
liable in damages to anyone submitting plans and specifications to any of them for approval, or to
any Owner of property affected by these restrictions by reason of mistake in judgment, negligence,
or nonfeasance arising out of or in eonneerion with the approval or disapproval variance or failure
to approve or disapprove any such plans and specifications. Every person who submits plans or
specifications, and every Owner of any of said property agrees that he will not bring any action of
suit against Developer, the Association, the Arthiteemral Control Committee, the Board, or the
officers, directors, members, employees and agents of any of them, to recover any such damages
and hereby releases, and quitclaims all claims, demands, and causes of action arising out of or in
connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of
any law which provides that a general release does not extend to claims, demands, and causes of
action not known at the time the release is given.
ARTICLE VIII
ASSOCIATION ORGANIZATION AND MANAGEMENT
Section 8.01 The Architectural Conu'ol Committee may allow reasonable variances and
adjustments of these conditions and restrictions in order to overcome practical difficulties and
prevent unnecessary hardships in the application of the regulations contained herein, but is not
under any obligation to issue variances. However, variances shall be in conformity to the intent
and purposes hereof and provided also that in every instance such variance or adjustment will not
be materially detrimental or injurious to other Lots or improvements on the Land. Determination of
such a finding shall lie with the Architectural Control Committee. Granting of a variance for one
property does not obligate the Committee to grant further variances for other properties. Each such
variance request shall be on a case by case basis. Should the Committee find that a granted
variance produced an undesirable result, the Committee may elect not to grant other similar
requests.
LAND SUBJECT TO THIS DECLARATION
Section 9.01 All of the Property and any fight, rifle, or interest therein shall be owned, held,
leased, sold, and/or conveyed by Developer, and any subsequent owner of all or part thereof,
subject to these Covenants and the covenants, restrictions, charges, and liens set forth herein.
ARTICLE X
MISCELLANEOU~
Section 10.01 Subject to the limitations of Section 10.03, these Covenants may be revoked
or amended in the following manner:
(a) Until December 31, 19 , the Board of Directors, together with a majority of the
Owners, shall have the right, from time to rime, to revoke or amend these Covenants
for any purpose by instrument bearing the signature of a majority of the Board of
Directors and a majority of the Owners duly acknowledged and recorded in the records
of the Office of the County Clerk of Dallas County, Texas.
(b) On or after January 1, 19 , sixty-two percent (62%) of the Owners may from time
to time revoke or amend these Covenants for any purpose by instrument bearing the
signatures of sixty-two percent (62%) of the Owners, duly acknowledged and recorded
in the Deed Records of the office of the County Clerk of Dallas County, Texas.
~3..e, glLo. a_l_0.,l~ These Covenants shall be effective upon the date of recordation hereof, and as
amended from time to time, shall continue in full force and effect to and including
December 31, 20 From and after said date, these Covenants, as amended, shall be
automatically extended'[or successive periods of ten (10) years, unless there is an affirmative vote
to terminate these Covenants by the then Owners of fifty-one percent (51%) of the Lots and
approval by majority vote of the then members of the City Council of the City of Coppell.
Section 10.03 Sections 10.01 and 10.02, notwithstanding, the provisions hereof in regard to
the duty of the Association and/or its Board of Directors to maintain all the common areas as set out
in Article IV, the assessment procedure set out in Article V, and the rights extended to the City of
Coppell set out in Section 4.07 in regard to the Common Areas of City Interest set out in Section
4.06, shall not be revoked or amended without the additional approval of a majority of the then
members of the City Council of the City of Coppell, Texas.
Section 10.03 If any provisions of these Covenants shall be held invalid or unenforceable,
the same shall not affect the validity or enforceability of any of the other provisions hereof.
Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to
the Owner who is the intended recipient, by certified or registered mail, return receipt requested
and postage prepaid, at the address of such Owner's Lot and further provides that any such notice
may be delivered in person. Notices shall be deemed received when actually received and whether
or not received when deposited in a regularly maintained receptacle of the United States Postal
Service in accordance with the provisions hereof. Notices sent to the Architectural Control
Committee or the Association shall be sent by certified or registered mail, return receipt requested
and postage prepaid, only at such address as has previously been specified by the Architectural
Control Committee to the Owners or by the Board of Directors to the Owners, respectively. The
Architectural Control Committee and the Association may, from time to time, change such
specified addresses by giving the Owners notice of such change in manner herein provided.
Section 10,05 Whenever the context so requires, the use of any gender shall be deemed to
include all genders, the use of the plural shall include the singular, and the singular shall include
the plural.
Section 10,06 All captions, titles, or headings of the Articles or sections in these Covenants
are for the purpose of reference and convenience only, and are not to be deemed to limit, modify,
or otherwise affect any other provisions hereon, or to be used in determining the intent or context
hereof.
Section 10.07 If any interest purported to be created by these Covenants is challenged under
the Rule Against Perpetuities or any related role, that interest shall be construed as becoming void
and of no effect as of the end of the applicable period of perpetuities ,~omputed fro~ the date when
the period of perpetuities starts to run on the challenged interest; the lives in being for computing
the period of perpetuities shall be those which would be used in determining the validity of the
challenged interest.
10
EXECUTED on ~he date first above written.
DEVELOPER:
(Company Name), a Texas Corporation
By:
STATE OF TEXAS
COUNTY OF DAI.I AS
This instrument was acknowledged before me on the day of ,
19 ., by , , of (Company Name).
a Texas Corporation, on behalf of said corporation.
Notary Public State of Texas
My Commission Expires:
11
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