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PD155(CH)-CS 960716SJ3 PROPERTY COVENANTS AND MUTUAL INGRESS AND EGRESS AGREEMENT STATE OF TEXAS § COUNTY OF DALLAS § 07/17/96 :!. ~.c~ 1;:0888 HT, O0 This Property Covenants and Mutual Ingress and Egress Agreement (this "~") is executed as of July t/ ~.~ ,1996, between DALLAS AREA AFFORDABLE PARTNERS IV, L.P., a California limited partnership ("DAAP"), MASON HARRISON JARRARD ENTERPRISES, an Oklahoma general partnership ("Mason"), GA-TEX, LTD., a Texas limited parmership ("Ga-Tex") and ZELL THREE INC., a Delaware corporation ("Zell"). RECITALS: A. DAAP is the owner of all of that certain property in Dallas County, Texas designated Exhibit A attached hereto (the "Property_"); B. Mason has contracted with DAAP to acquire the portion of the Property designated on ~ attached hereto (the "Sonic Property_"); C. Ga-Tex has contracted with DAAP to acquire the portion of the Property designated on ~ attached hereto (the "S_oeeDeLube Site"); D. Zell has contracted with DAAP to acquire the portion of the Property designated on Exhibit D attached hereto (the "Zell Site"); E. Mason, Ga-Tex and Zell all desire to have mutual ingress and egress to the various parcels comprising the Sonic, SpeeDeLube and Zell sites through the curb cuts along MacArthur Boulevard; and F. DAAP, Mason, Oa-Tex and Zell all desire to develop their sites with the same exterior brick finish to their buildings, to have commonly designed signage, and to conform to a master landscaping plan, and all such parties desire to record this Agreement as a restrictive covenant against the Property to provide therefor. AGREEMENTS: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Mutual Ingress and Egress. Mason, Ga-Tex and Zell, and every future owner of their respective sites, shall each have, and are hereby granted, sold and conveyed, a non-exclusive easement for ingress and egress for vehicular and pedestrian traffic upon that portion of the Property F:%B'D,Z EL375548000q~ .AGT.4 96139 03 09 · designated on the Site Plan attached hereto as ~ for ingress and egress driveways (the "Easement Tract"). Such easement includes the fight to the uninterrupted use of such ingress and egress driveways, free of charge. It is expressly agreed that such easement shall be for the mutual use and benefit of Mason, Ga-Tex and Zell and each of their respective successors and assigns, and the respective guests, customers, invitees, licensees, lessees, and employees, or any of them. 2. Construction. Each owner of any portion of the Property (each, a "Property_ Owner'') shall, at the time that it constructs its building on its respective site, construct the portion of the mutual ingress and egress driveways shown on its respective site, unless the same has previously been constructed by DAAP or another Property Owner, in which event such owner shall reimburse DAAP or such other Property Owner for the cost of constructing the portion of the mutual ingress and egress driveways on such Property Owner's site at the time that it acquires its portion of the Property from DAAP. Upon the first of the parties hereto constructing its building on its site, DAAP shall construct (or pay for the construction of) (a) the portion of the fire lane/common access easement indicated on ~, and (b) the landscaping and irrigation system associated therewith on the "Bonus Landscaping Area" indicated on ~ attached hereto. 3. Maintenance. Each Property Owner shall maintain and keep in good repair its respective site, including that portion of the Easement Tract located on its respective site, and shall keep such areas clear and free of all rubbish. No Property Owner shall direct, maintain, place or leave any obstruction, fence, wall or barricade which would in any way obstruct or hinder the easement which is the subject hereof; however, Mason, Ga-Tex or Zell may close off any portion of the Easement Tract as appropriate, but only for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by any other person provided that prior to the closing of any portion of the Easement Tract, the party responsible for such closing shall give written notice to the other parties of its intention to do so, and shall coordinate such closing with the other parties so as to minimize as much as possible unreasonable interference with pedestrian or vehicular traffic. 4. Bonus Landscape Area. Each Owner shall pay to the owner of the Zell Site, within 30 days after delivery of an invoice therefor, such owner's pro rata share (as set forth on Exhibit· I) of the total costs of owning and maintaining the Bonus Landscape Area (including, without limitation, all (A) city assessed fees, taxes, insurance, maintenance, repair and replacement costs, and (B) all costs of enforcing the owner of the Zell Site's rights under this Section 4, including reasonable attorneys' fees and expenses). If the owner of the Zell Site fails to maintain the Bonus Landscape Area under the terms of this Section, any other Property Owner may notify the owner of the Zell Site in writing Qfthe necessity for repairs or maintenance hereunder. If the owner of the Zell Site shall not remedy the default within thirty (30) days a~er receipt of such notice, the complaining party may have such repairs made and the owner of the Zell Site shall be responsible for reimbursement of such costs incun'ed by the complaining party therefor without further notice. The owner of Zell Site may, in its sole and absolute discretion, delegate its rights and obligations under this Section 4 with respect to the Bonus Landscape Area to any other Property Owner willing to accept such delegation by notifying all Property Owners hereunder. F:~BT~ZEL375~AS000~C.AGT.4 2 98139 03b, lO 5. Mutual Landscaping Plan. Each Property Owner shall plant the plants and trees described in the landscaping plan attached hereto as Exhibit F-I in developing its sites. Each Property Owner shall keep its grass neatly trimmed and maintain and keep in good repair the landscaping on its respective site, replacing promptly any dead landscaping material with plants and trees of substantially similar size, type and quality. In the event of default by any such Property Owner under the terms of this Section, any other Property Owner may notify the defaulting party in writing of the necessity for maintenance of its landscaping. If the defaulting party does not remedy the default within thirty (30) days, the complaining Property Owner may have such landscaping maintenance or replacement performed and the defaulting party shall be responsible for reimbursement of such costs incurred by the complaining Proper~ Owner therefor without further notice. 6. llriek Facade. Each Property Owner shall use the following brick types and colors in developing its buildings on its respective site: predominate brick - US Brick Patriot ExecUtive (Mineral Wells Plant); accent brick - US Brick Hillstone (Ogden Plant). Each Property Owner shall use the red brick identified above as their primary exterior material, with accent banding of white brick, in substantially the same fashion as the Sonic restaurant rendering set forth on Exhibit G attached hereto. The exterior design of the various buildings to be built on the sites shall be approved by DAAP in writing prior to the construction of any such buildings, such approval to not be unreasonably withheld, delayed or conditioned provided that the rendering of the same complies with the terms of this Section 6. 7. ~SJgllag~. Each Property Owner shall utilize monument signage that is substantially similar to the signage pictured on ~ attached hereto. Such monument signage shall be approved by DAAP in writing prior to the construction of any such monument sign, such approval to not be unreasonably withheld, delayed or conditioned provided that the rendering of the same complies with the terms of this Section 7. 8. Default Interest: Lien. If any party fails to pay any amounts due hereunder, interest shall accrue on such unpaid amount from the date due to the date paid at the lesser of (i) eighteen percent (18%) per annum or (ii) the highest non-usurious rate permitted by law. The failure of any party to pay its share of any costs under this Agreement within thirty (30) days after written request shall entitle the non-defaulting party to place a mechanic's lien on the defaulting party's property (including, without limitation, the defaulting party's interest in the Easement Tract) securing the repayment of the amount incurred and thereat~er enforce such mechanic's lien in accordance with all applicable laws. 9. Insurance. Each Property Owner shall be obligated to take and maintain, at its own cost and expense, comprehensive general liability insurance in a minimum amount of $2,000,000 combined single limit, which comprehensive general liability policy shall include (a) coverage for bodily injury and death and property damage, and (b) contractual liability coverage insuring the obligations of such party under the terms of this Agreement. Upon 15 days prior written request, any such party shall provide evidence of the existence of such insurance to the requesting Property Owner. F:'~B'I~.EL37:~48000~C- AGT.4 96 39 03t I 10. Indemnity. Subject to Section 11, each Property Owner agrees to indemnify, defend and hold every other Property Owner and their respective successors, assigns, agents, lessees, employees, contractors, partners, directors, officers and affiliates (collectively, the "~ Partie,") harmless from and against any and all claims, suits, penalties, liabilities and expenses (including, without limitation, attomeys' fees) for any injury to persons (including death) or damage to property a_rising out of, resulting from, or in connection with, the negligence or fault of the indemnifying party and any of its tenants, agents, affiliates, invitees, employees, contractors and customers, and relating to the Easement Tract, except for such injury, death or damages resulting from the negligence or fault of the non-indemnifying party. 11. Waiver of Subrogati0n. Each Property Owner waives any claim it may have against any such other party hereto for any damage to or theft, destruction, loss (including bodily injury or death), or loss or use of any property, to the extent the same is insured against (or required to be insured against hereunder) under any insurance policy maintained by it, regardless of whether the negligence or fault of the other party caused such loss. Each party shall cause its insurance carder to endorse ail applicable policies waiving the carrier's rights of recovery under subrogation or otherwise against such other party. 12. No Dedication. The easement granted herein and fights granted herein are not intended and shall not be construed as a gift or dedication of any of the Easement Tract, or the fights granted herein to the general public or for the general public or for any public use or purpose whatsoever, and the parties agree to refrain fi'om and take whatever steps may be necessary to avoid such dedication. 13. Duration of Easement Periods. Except as otherwise provided herein, the obligations and easement fights referred to herein shall continue in full force and effect unless terminated by instrument signed by all Property Owners and recorded in the Real Property Records of Dallas 'County, Texas. 14. Covenants Running with the Land. All fights and obligations arising hereunder are covenants running with the land, binding upon and inuring to the benefit of the respective Parties and their respective successors in title. 15. Notice~. Any notice required or permitted to be given under or in connection with this Agreement shall be in writing and shall be mailed by first class or express mail, postage prepaid, or sent by telecopy (followed by written confh-mation in accordance with this Section 15) to the addresses set forth under the signatures of the parties hereto. Any communications so addressed and delivered shall be deemed given when delivered to the address of the intended addressee. Any party may change its address by delivering written notice thereof as provided in this SectiOn 15. 16. Governing Law and Venue. The laws of the State of Texas shall govern this Agreement. Any legal actions instituted hereunder shall be brought in Dallas County, Texas. 17. Aill.~llJlllt~. Except as otherwise specifically set forth herein, neither this Agreement nor any provision may be waived, modified, amended, discharged or terminated except F:~BT~ZEL3?~48000~C-AGT.4 .4 96139 03t !2 by an instrument in writing signed by all of the Property Owners and recorded in the Real Property Records of Dallas County, Texas. No consent to the amendment, modification or termination of any provision of this Agreement shall ever be required of any invitee, licensee or tenant of any Property Owner or their respective successors and assigns. 18. No Third Party_ Benefi¢iarie..,. This Agreement is solely for the benefit of the parties expressly set forth herein and no third party may rely or be entitled to any benefits hereunder. 19. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter. If any provisions of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and in force as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be effected by such illegal, invalid or unenforceable provision or by severance from this Agreement. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one document. Executed as of the date first above written. F:~BI~t..375~4800011~AGT.4 5 · 96139 03t 13 DALLAS AREA AFFORDABLE PARTNERS IV, L.P., a California limited partnership By: CED Capital Holdings III, Ltd., a Florida limited partnership, its General Partner By: CED Construction, Inc., a Florida corporation, its G.~eneml _~; er Title: Address: 8445 Fmepo~ P~kway, Suite 650 I~ing, Tex~ 75063 Telephone: 214-929-7127 Teleeopy: 214-929-7127 THE STATE OF./~.".,,~ § COUNTY OF · § ~ This,. ijastrument 5vas .,.~c~knowledged before me on July /2-~ , 1996, by /'OjS~.<r ~..'/.'.'-//.,5-w'-?~' .'/,~ J.~.c-~.,'3 x:'-,,v ~" of CED Construction, Inc., a Florida corporation and the general parmer of CED Capital Holdings III, Ltd., a Florida limited partnership and the general partner of DALLAS AREA AFFORDABLE PARTNERS IV, L.P., a California limited partnership, on behalf of such corporation and limited partnerships. Notary Public, State of '--Y'~.~x F:~II'f~.EL37~48000~C.AGT.4 96139 03 1L MASON HARRISON JARRARD ENTE~RISES, an Oklahoma general partnership By:~~*~ Addr Gary J~r~neral eartneess: 8104NW122ndStre~t Oklahoma City, Oklahoma 73162 Telephone: 405-722-9390 Telecopy: 405-720-9113 THE STATE OF ~ § COUNTY OF ~ This instnanent was acknowledged before me on July t/~ ,1996, by Gary Jarrard, a general partner of MASON HARRISON JARRARD ENTERPRISES, an Oklahoma general partnership, on behalf of said partnership. Notary Public, State of F:~T~VF-L37~4 ~00~AGT.4 7 96139 03L I 5 GA-TEX, LTD., a Texas limited partnership By: CMW, Inc., a Texas corporation, its General Partner By: Wilson, President Address: Telephone: Telecopy: 15317Midway Road Dallas, Texas 75244-2112 214-661-1204 214-661-1210 THE STATE OF TEXAS § /% COUNTY OF ,~/,.~ ~_.~,,..~ § This instrument was acknowledged before me on July ,/G~ ,1996, by Ronnie L. Wilson, President of CMW, Inc., a Texas corporation, the General Partner of Ga-Tex, Ltd., a Texas limited partnership, on behalf of said corporation and limited partnership. Notary I~lic, State of Texas (J F:~BT~ZEL37~4 ~OOh~C.AGT.4 8 96139 03k I$ ZELL THREE INC., a D¢l~c,~oration By: ~._~ ~ Michael Y. C~o~-'6~--r~msldcnt ~ Address: Telephone: Telecopy: 9400 S. Dadeland Boulevard Penthouse 1 Miami, Florida 33156-2817 305-670-0001 305-670-2180 THE STATE OF FLORIDA COUNTY OF DADE This instrument was acknowledged before me on July , 1996, by Michael Y. a ration, on behalf of such corporation. Cannon, President of Zell Three lnc., Delaw~~ ~%~j~t~ Notary Public, S f Flori'd~ F:~T~ZEL37~'~48000~AGT.3 96139 03~ I 7 EXHIBITS TO PROPERTY COVENANTS AND MUTUAL INGRESS. EGRESS AND PARKING AGREEMENT Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F- 1 Exhibit F-2 Exhibit (3 Exhibit H Exhibit I Description of Entire tract (all 16 acres) Description of Sonic Property Description of SpeeDeLube Property Description of Zell Property Site Plan Landscaping Plan Description of Bonus Landscaping Area Sonic Rendering Monument Signage Pro Rata Share of Cost and Maintenance of Landscape Area 10 96139 03 ,18 Entire Tract Description DESCRIPTION Being o tract or parcel of land situated in the Singleton Thompson Survey, Abstract Number 1495, and the S.A. & M.G. Survey, Abstract Number 1442, and the J.C. Cook Survey, Abstract Number 515. In the City of Coppell, Dallas County, Texas, and being a portion of that certain tract of land conveyed to Terra Corporate Joint Venture, o recorded in Volume 85072. Page 4454, Deed Records. Dallas County, Texas. and being a portion of Riverchase Drive, as recorded in Volume 85090, Page 5507. of said Deed Records, and being more particularly described as follows; BEGINNING aL o 1/2" iron rod found for the intersection of the west right-of-way of MacArthur Boulevard (a 100' right-of-way), with the north right-of-way of a 100 foot St. Louis & Southwester~ Railroad right-of-way; THENCE N 86'21'18" W. 709.4-4. feet with the north line of said to a St. Louis & Southwestern Railroad right-of-way to (3 1/2" iron rod found in the east right-of-way line of a 1,30 foot D(~llas Power ~. licjht Company right-of-way as recorded in Volume 4594, Page ;302, of the aforementioned Deed Records, for corner; THENCE N 29'1,3'4.1" E, 1834.21 feet with said ea=t right-of- way line to a 1/2"'iron rod found in. the aforementioned wes[ right-of-way of MocArthur Eloulevord. for the point of curvature of a non-tangent curve to the right, having a central angle of 61'20'08'; a radius of 765.00 feet, a tonge, nt,length of 4.53.6¢ feet, and a ~on(~ chord that be<3rs S 0,3'32 0,3 E, 780.3g feet; THENCE an arc distance of 818.94- feet with said curve and said west right--of-way to a 1/2" iron rod found for corner; THENCE S 27'08'01" W. ,305.45 feet with said west right--of- way to a 1/2" iron rod found for the point of cur'voture of <3 tangent curve to the left, having a central angle of 27'05'53", a radius of.875.00 feet, a tangent length of 210.86 feet, <3nd <3 long chbrd th(3t bears S 13'35'0~' W, ,t09.98 feet; THENCE an arc distance of 4.13.83 feet with said curve and with said west right-of-w<3y to a 1/2' iron rod found for corner; THENCE 5 00'02'08" W, 196.53 feet with said west right-of- way to the POINT OF BEGINNING and containing 16.335 Acres, (711,5.35 S.F.) of land, more or tess. 95139 03 i9 Sonic Propertw Description Being a tract or parcel of land situated in the Singleton Thompson Survey, Abstract Number 1493, in the City of Coppell, Dallas County, Texas, and being a portion of that certain 6.6&91 acre tract of land described as Tract 8, in Volume 93248, Page 299, Deed Records, Dallas County, Texas, and being a portion of the abandoned right-of-way of Riverchase Drive (a 60' right-of-way), as abandoned by City of Coppell Ordinance 95730, recorded in Volume 96006, Page 2843, Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a "X" set in concrete, said "X" being in the west right-of-way of MacAr=hur Boulevard (a 60' right-of-way), said "X" being S 27 degrees 08 minutes 01 second W, 30.06 feet with said west right-of-way from a "X" found in paver bricks for the southeast corner a said 6.6a91 acre tract, for the Point of Beginning, said "X" being the point of curvature of a curve to the left, having a central angle of 3a degrees 21 minutes 11 seconds, a radius of a2a.97 feet, a tangent length of 131.36 feet, and a long chord that bears N 82 degrees al minutes 51 seconds W, 251.00 feet; THENCE an arc distance of 25a.80 feet with said curve to a 1/2" iron rod set with cap stamped NDM; THENCE N 29 degrees 13 minutes 41 seconds E, 243.62 feet to a 1/2" iron rod set with cap stamped NDM; THENCE S 60 degrees 46 minutes 19 seconds E, 227.37 feet to a 1/2" iron rod set with cap stamped NDM in the aforementioned west right-of-way of MacArthur Boulevard; THENCE $ 27 degrees 08 minutes O1 second W, 150.00-feet with said west right-of-way to the POINT OF BEGINNING and containing 0.9692 Acres, (a2,219 S.F.) of land, more or less. 96139 03 20 SpeeDeLube Property Description TH~NC~ ~ 29 d~ee~ 13 m~nu~es ~1 ,~con~ ~. 131.46 f&~ ~o ~ 1/2" iron ~CE nn ar= d~scance of 131.L2 ~4,= v~ch ~a~d c~e an~ wkt~ Sak~ wes~ =t~C-o~-way C~ the POZ~ OF ~EGZNHIHG a~ concainLn& 0.~68 Acrss. (19.08~ 96139 03~2 I TRACT I: BEING a tract or parcel of land situated in the Singleton Thompson Survey, Abstract Number 1493, and the S.A. & M.G.R.R. Survey, Abstract Number 1442, in the City of Coppell, Dallas County, Texas, and being a portion of that certain 6.6491 acre tract of land described as Tract 8, in Volume 93248, Page 299, Deed Records, Dallas County, Texas, and being more particularly described as follows; COMMENCING at an 'X" found in brick pavers for the Southeast corner of said 6.6491 acre tract, said "X" being in the West right-of-way of MacArthur Boulevard (a 110 foot right-of-way); THENCE North 27 degrees 08 minutes O1 seconds East, 121.42 feet with said West right-of-way to a 1/2" iron rod found for the point of curvature of a tangent curve to the left, having a central angle of 09 degrees 49 minutes 13 seconds, a radius of 765.00 feet, a tangent length of 65.72 feet, and a long chord that bears North 22 degrees 13 minutes 24 seconds East, 130.96 feet; THENCE an arc distance of 131.12 feet with said curve and with said West right-of-way to a 1/2" iron rod set with cap stamped NDH for the POINT OF BEGINNING; THENCE North 60 degrees 46 minutes 20 seconds West, 211.34 feet to a 1/2" iron rod set with cap stamped NDM; THENCE North 29 degrees 13 minutes al seconds East, 159.00 feet to a 1/2" iron rod set with cap stamped NDM; THENCE South 60 degrees 46 minutes 19 seconds East, 67.12 feet to a 1/2" iron rod set with cap stamped NDM for the point of curvature of a tangent curve to the left, having a central angle of 27 degrees 12 minutes 40 seconds, a radius of 50.00 feet, a tangent length of 12.10 feet, and a long chord that bears South 74 degrees 22 minutes 39 seconds East, 23.52 feet; THENCE an arc distance of 23.75 feet with said curve to a 1/2" iron rod set with cap stamped NDM~ THENCE South 87 degrees 58 minutes 59 seconds East, 59.79 feet to a 1/2" iron rod found with cap stamped NDM in the aforementioned West right-of-way of MacArthur Boulevard for the point of curvature of a non-tangent curve to the right, having a central angle of 15 degrees 17 minutes 47 seconds, a radius of 765.00 feet, a tangent length of 102.73 feet, and a long chord that bears South 09 degrees 39 minutes 54 seconds West, 203.63 feet; THENCE an arc distance of 204.23 feet with said curve and with said West right-of-way to the POINT OF BEGINNING and containing 0.718 acres, (31,291 S.F.) of land. Site Plan 96 ~39 03k23 Landscaping Plan Down to Earth, Inc. Master Plan dated February 20, 1996. 96139 03b. 2~ Bonus Landseapin_~ Area De$criptio~ TRACT II: Being a tract of land situated in the Singleton Thompson Survey, Abstract Number 1493, and the S.A. & M.G.R.R. Survey, Abstract Number 1442, in the City of Coppell, Dallas County, Texas, and being a portion of that certain 6.6491 acre tract of land described in Volume 93248, Page 299, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod found for the north corner of said 6.6491 acre tract, said iron rod also being in the southwest right-of-way of MacArthur Boulevard (a 110' R.O.W.), said iron rod also being the point of curvature of a curve to the right, having a central angle of 18 degrees 01 minute 59 seconds, a radius of 765.00 feet, a tangent length of 121.39 feet, and a long chord that bears S 25 degrees 11 minutes 07 seconds E, 239.76 feet; THENCE 240.77 feet with said curve and said southwest right-of-way to a 1/2" iron rod found with cap stamped NDM for the POINT OF BEGINNING, said iron rod also being the point of curvature of a curve to the right, having a central angle of 18 degrees 11 minutes 08 seconds, a radius of 765.00 feet, a tangent length of 122.43 feet, and a long chord that bears S 07 degrees 04 minutes 34 seconds E, 241.79 feet; THENCE an arc distance of 242.81 feet with said curve and with said southwest right-of-way to a 1/2" iron rod found with cap stamped NDM; THENCE N 87 degrees 58 minutes 59 seconds W, 59.79 feet to a 1/2" iron rod found with cap stamped NDM for the point of curvature of a tangent curve to the right, having a central angle of 27 degrees 12 minutes 40 seconds, a radius of 50.00 feet, a tangent length of 12.10 feet, and a long chord that bears N 74 degrees 22 minutes 39 seconds W, 23.52 feet; THENCE an arc distance of 23.75 feet with said curve to a 1/2" iron rod found with cap stamped NDM; THENCE N 60 degrees 46 minutes 19 seconds W, 67.12 feet to a 1/2" iron rod found with cap stamped NDM; THENCE N 29 degrees 13 minutes 41 seconds E, 227.73 feet to the POINT OF BEGINNING and containing 0.439 Acre, (19,143 S.F.) of land, more or less. 96139 03L 25 ~.5 139 03~:25 Monument Si_~nage !1 96139 03[~27 Pro Rata Share of Cost and Maintenance of Landscape Are,~ Sonic Property: 33.333% SpeeDeLube Site: 33.333% Zell Site: 33.333% Z-1 RElqJRN TO: TITLE OF TEX~S, IN(;. ~ ~1]1:~ SUITE 100 I)AL~, TE ,XA$ ~'5201 96139 03~.28 FILED JUL 1 -/ ?~t 3:08