MacPlaza1/PP-CS 960429Coppell, Texas 75019
P.O. Box 478
Coppell, Texas 75019
214-462-0O22
April 29, 1996
Mr. Jason Marshall
NICHOLS, JACKSON, DILLARD, HAGER & SMITH
1800 Lincoln Plaza
500 North Akard Street
Dallas TX 75201
MacArthur Plaza Common Area
Dear Jason:
One of my principal concerns regarding CED's proposed common landscape area has been the
potential for its neglect. I would prefer to see the money City Garage, SpeeDee and Sonic put
up for maintenance go to the Riverchase Owners Association, of which each is a member
anyway, and that Riverchase accept the responsibility for upkeep. I am told that Riverchase has
no interest in accepting that money nor that responsibility.
If Riverchase has no interest, why would three places of business be any more greatly
motivated? What will happen if Sonic and/or SpeeDee refuses to reimburse City Garage for the
one-third share of the maintenance cost? What would keep City Garage from inflating the
maintenance cost or just turning the water off, letting the shrubs die and refusing to replace
them?
In short, I don't see the kind of structured assessment and common area maintenance agreements
that ! normally associate with a planned development. This really bothers me. Do you or Pete
have any suggestions?
Sincerely,
Pert Virtanen
Assistant Director of Planning and Community Services
attachment: Proposed MacArthur Plaza Property Covenants
PROPERTY COVENANTS AND MUTUAL INGRESS
EGRESS AND PARKING AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
THIS PROPERTY COVENANTS AND MUTUAL INGRESS, EGRESS AND
PARKING AGREEMENT ("Agreement") is hereby made and entered into effective as of
the __ day of , 1996, by DALLAS AREA AFFORDABLE PARTNERS IV,
L.P. ("DAAP").
WITNESSETH:
WHEREAS, DAAP is the owner of all of that certain property in Dallas County,
Texas designated on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, Mason Harrison Jarrard Enterprises PS ("Mason") has contracted
with DAAP to acquire the portion of the Property designated on Exhibit "B" attached
hereto (the "Sonic Site"); and
WHEREAS, Ronnie L. Wilson, Trustee ("Wilson") has contracted with DAAP to
acquire the portion of the Property designated on Exhibit "C" attached hereto (the
"SpeeDeLube Site"); and
WHEREAS, Zell Three, Inc. ("Zell") has contracted with DAAP to acquire the
portion of the Property designated on .Exhibit "D" attached hereto (the "City Garage
Site"); and
WHEREAS, Sunbelt Self Storage, Inc. ("Sunbelt") has contracted with DAAP to
acquire the portion of the Property designated on Exhibit "E" attached hereto (the "Mini-
Warehouse Site"); and
WHEREAS, Mason, Wilson and Zell all desire to have mutual ingress and egress
to the various parcels comprising the Sonic, SpeeDeLube and City Garage Sites through
the curb cuts along MacArthur Boulevard; and
WHEREAS, DAAP, Mason, Wilson, Zell and Sunbelt all desire to develop their
properties with the same exterior brick finish to their buildings and to have commonly
designed signage, and DAAP desires to record this Agreement as a restrictive covenant
against the Property to provide therefore.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the premises, DAAP hereby
agrees, for the benefit of the Property and the future owners thereof, including but not
limited to Mason, Wilson, Zell and Sunbelt, to the extent only that each such party
actually acquires their respective Site from DAAP, as follows:
1. Mutual Ingress and Egress: The owners of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall each have a non-exclusive easement for
ingress and egress for vehicular and pedestrian traffic upon that portion of the Property
designated on the Site Plan attached hereto as Exhibit "F" for ingress and egress
driveways. Such easement includes the right to the uninterrupted use of such ingress and
egress driveways, free of charge, in common with the other owners of parcels of the
Property.
It is expressly agreed that such easement shall be for the mutual use and benefit of
the owners of the various parcels of the Property and each of their respective successors
and assigns, and the respective guests, customers, invitees, licensees, lessees, and
employees, or any of them.
2. Construction and Maintenance. Each owner of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall, at the time that it constructs its building
on its portion of the Property, construct the portion of the mutual ingress and egress
driveways shown on their respective Sites, unless same has previously been constructed by
DAAP or another owner of a portion of the Property, in which case upon acquiring its site
from DAAP such owner shall reimburse DAAP or such other owner for the cost of
constructing the portion of the mutual ingress and egress driveways on such owner's Site.
Upon the first of the parties hereto constructing its building on such Sites, DAAP shall
construct (or pay for the construction of) the portion of the fire lane/common access
easement indicated on Exhibit "F" to the extent that same is not on the Property of the
party so constructing its building, and such parties shall upon the acquisition of their Sites
from DAAP reimburse DAAP for the cost of constructing the portion of the fire
lane/common access easement on such party's Site; provided, however, that DAAP shall
pay for (and not be entitled to reimbursement for) the portion of the fire lane/common
access easement labeled as the "DAAP Portion" on Exhibit "F." Each owner of the Sonic
Site, the SpeeDeLube Site and the City Garage Site shall maintain and keep in good repair
its respective Sites and ingress and egress driveways shown on their respective Sites and
shall keep such areas clear and free of all rubbish and obstructions of every nature. In the
event of default by any such owner of such Sites under the terms of this paragraph, any
other owner of a portion of the Property shall notify such defaulting party in writing of the
necessity for repairs or maintenance hereunder. If the defaulting party shall not remedy
the default within a reasonable time, not to exceed thirty (30) days after receipt of notice,
the complaining party may have such repairs made and the defaulting party shall be
responsible for reimbursement of such costs incurred by the complaining party therefor
without further notice. If payment is not promptly made upon demand for payment, the
complaining party may seek whatever damages or relief is available at law or in equity,
other than a forfeiture of this easement.
3. Indemnity With respect to the mutual easements granted herein, the
various owners of the parcels of the Property hereby agree to indemnify and hold the other
harmless from and against any damages, claims, costs or expenses arising out of and in any
way relating to any action or inaction of the indemnifying party, or its agents, employees,
invitees, contractors or licensees over and across the parcels of the Property of other
owners of same.
4. Mutual Landscaping Plan. Each of the owners of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall plant the plants and trees described in the
landscaping plan attached hereto as Exhibit "G' in developing their Sites on the Property.
Each owner of a portion of the Property shall keep its grass neatly trimmed and maintain
and keep in good repair the landscaping on its respective portion of the Property,
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 owner of a portion of the
Property under the terms of this paragraph, any other owner of a portion of the Property
shall notify such defaulting party in writing of the necessity for maintenance of its
landscaping. If the defaulting party shall not remedy the default within a reasonable time,
not to exceed thirty (3 0) days after receipt of notice, the complaining party may have such
landscaping maintenance or replacement performed and the defaulting party shall be
responsible for reimbursement of such costs incurred by the complaining party therefor
without further notice. If payment is not promptly made upon demand for payment, the
complaining party may seek whatever damages or relief is available at law or in equity,
other than a forfeiture of this easement.
DAAP shall plant the plants and trees described as the Common Green Space Area in the
landscaping plan attached hereto as Exhibit "G". After the Common Green Space Area
has been so planted and Zell has acquired its site, DAAP will deed the Common Green
Space Area to Zell, and Zell shall thereafter maintain same. Each owner of the Sonic Site,
the SpeeDeLube Site and the City Garage Site shall reimburse the owner of the Common
Green Space Area (i.e., DAAP or Zell, as the case may be) for the cost of maintaining the
Common Green Space Area, which shall be paid for in equal parts by the owners of the
City Garage, SpeeDelube and Sonic sites. Any owner of an interest in the Property and
their successors in interest in and to any portion of the Property shall have the right to
enforce the maintenance of the Common Green Space Area, and if the Owner of the
Common Green Space Area does not maintain same, any other owner of an interest in and
to the Property may undertake the maintenance of same and seek reimbursement from the
other parties mentioned in this paragraph who are required to pay for the maintenance of
same.
5. Brick Facade. Each of the owners of the various parcels of the Property
shall use the following brick types and colors in developing their buildings on their Sites:
Predominant brick - US Brick Patriot Executive (Mineral Wells Plant)
Accent Brick - US Brick Hillstone (Ogden Plant)
The owners of the various parcels of the Property shall use the red brick identified above
as their primary exterior material, with accent banding of the white brick, in substantially
the same fashion as the Sonic restaurant rendering set forth on Exhibit "H" attached
hereto. Painted trim, door and awning colors shall be subject to the prior written approval
of DAAP, such approval not to be unreasonably withheld provided such colors are
consistent with and do not detract from the overall development of the Property. 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 provided that the rendering of same complies with the terms of this
paragraph.
6. Signage. Each of the owners of the various parcels of the Property shall
utilize monument and building mounted signage that is reasonably approved in advance in
writing by DAAP and which is consistent in design with the signage being used by the
other Site owners. The colors used on such signage shall also be subject to the prior
written approval of DAAP, such approval not to be unreasonably withheld provided such
colors are consistent with and do not detract from the overall development of the
Property.
land.
Term. This Agreement and the easements created hereby shall run with the
8. Successors. This Agreement shall be binding upon DAAP and the
successors in title to the Property or any portion thereof.
IN WITNESS WHEREOF, DAAP has executed or caused to be executed this
Agreement as of the date first above written.
DALLAS AREA AFFORDABLE PARTNERS IV, L.P.
By:
CED Capital Holdings III, Ltd.,
its General Partner
By:
CED Construction, Inc.,
its General Partner
By:
Its:
STATE OF §
§
COUNTY OF §
On this the __ day of , 1996, before me,
appeared , the of CED Construction,
Inc., the general partner of CED Capital Holdings III, Ltd., which is in turn the general
partner of Dallas Area Affordable Partners IV, Ltd. ("DAAP"), who acknowledged
himself to be such officer, and executed the foregoing Agreement for the purpose therein
contained, on behalf of and as the act of DAAP.
In witness whereof, I hereunto set my hand and official seal.
[[SEAL]]
Notary Public in and for the
State of
Typed or Printed Name: