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MacPlaza1/PP-CS 960426DELIVERED VIA LONE STAR OVERNIGHT Mr. Pert Virtanen The City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019 RE: PROPERTY COVENANTS AND AGREEMENT April 26, 1996 MUTUAL INGRESS AND EGRESS Dear Pert: I have enclosed the form of Property Covenants and Mutual Ingress and Egress Agreement for MacArthur Plaza. Paragraph 4 of this document addresses the perpetual maintenance of the common landscaping area, which will be deeded to City Garage, who will then maintain same and will be entitled to reimbursement for the cost of maintenance from the owners of the Sonic and SpeeDelube sites. If City Garage does not maintain the common landscaping area, any owner of any portion of the entire 16 acres may force City Garage to maintain same or undertake the maintenance thereof and charge back the owners of the Sonic, SpeeDelube and City Garage sites. The Riverchase Homeowner's Association has expressed absolutely no interest in accepting this land or undertaking the maintenance of same, and given the mechanism described above, placing any provision in this document allowing for same would be ineffective. The City should not request or require that a third party be involved in this maintenance obligation, given the interest which the multiple owners of this 16 acre tract will have in the maintenance of same. If you or the city attorney have any questions regarding this document, please feel free to call me. Very truly yours, DALLAS AREA AFFORDABLE PARTNERS IV, LTD. By: CED Capital Holdings III, Ltd., its general partner/~ By: CED Con_~ru~on, Ic_.~ its genegg)l~a.rtner ~ agent l~obe~ l~l.' ~oelker, authorized