Nlake 635(9)/FP-CS 870513Companies
May 13, 1987
Ms. Taryon Bowman
Planning Department
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
2777 Stemmons Freeway · Dallas, Texas 75207 · Telep/.h?io? (214) 631-0600
Dear Ms. Bowman:
Our company is approaching completion of the McCollister faclllty at
1303 Crestslde in Northlake 635 Business Park.
We were advised earlier that completion of the Common Area
Maintenance Agreement would be a prerequisite to obtaining the
Certificate of Occupancy for our client.
The Maintenance Agreement will be executed by the Northlake 635
Property Owner's Association and the City of Coppell. I have
enclosed a copy of the document which has been executed by Mark
Connell representing the Association and sent to Mr. Steve Gorham at
the City. We are not certain as of this date if the city has
completed its sign off.
As we discussed, please coordinate with your Building Inspection
Department to confirm that this documentation will not delay the
issuance of a C.O.
Please advise me If
regarding this matter.
you require anything additional from us
Sincerely,
Thomas E. Cook, AIA
Senior Vice President/Architecture
TEC:sks
CC:
Gerry Dahlander w/enclosure
Subash Gaitonde w/enclosure
· Commercial Real Estate Investors and Developers ·
COMMON AREA MAINTENANCE AGREEMENT
THIS AGREEMENT iS entered into by and between the CITY OF
COPPELL, TEXAS (the "city") and the NORTHLAKE 635 BUSINESS PARK
PROPERTY OWNERS ASSOCIATION (the "Association") effective as of
the ? ~£- day of _~_~ ~ , 19 ~ ~, although not
necessarily signed on such date.'
RECITALS
The Association is a Texas nonprofit corporation formed pursuant
to the Declaration of Covenants, Conditions, Restrictions and
Easements for NORTHLAKE 635 BUSINESS PARK, recorded in Volume
_~_~j_4~, Page __/_~ through ~ of the Deed Records of Dallas
County, Texas (the "Declaration").
The Declaration affects the property (the "Property") described
on the Plat (the "Plat") attached to and made a part of this
Agreement as Exhibit "A". The Association is the owner of all
portions of the Property designated on the Plat as "common
landscaped area" (the "Common Area"), and, as such, is required
to maintain the Common Area.
The City's Subdivision Ordinance requires the Association to
enter into this Agreement with the city as a condition of plat
approval.
AGREEMENT
FOR VALUABLE CONSIDERATION and to satisfy certain platting
requirements of the City's Subdivision Ordinance, the Association
and the city agree as follows:
Common Area Maintenance by the Association. The Association
shall maintain, repair and restore all Common Area.
2. Right of the City to maintain Common Area.
(a)
The City shall have the right to perform the
maintenance obligations of the Association if and only
if:
(i)
the Association shall fail to reasonably perform
its maintenance obligations, and
(ii) such failure shall continue without interruption
for a period of thirty (30) days after receipt by
the Association of written notice from the City
stating the nature and extent of the Association's
failure.
COMMON AREA MAINTENANCE AGREEMENT Page 1
Se
(b)
Subject to the provisions of 2(a) above, the city may
exercise its right to maintain Common Areas by the
delivery of a written notice to the Association stating
so. When the Association shall receive this notice,
the City shall have the right to enter upon and
maintain Common Areas.
Reimbursement of maintenance expense. The City may invoice
the Association for the reasonable costs it may incur in
maintaining the Common Area and the Association shall remit
payment of same to the City within thirty (30) days. This
obligation to reimburse shall be full recourse against the
Association, but no other party. In no event, however,
shall the City have the right to obtain a lien upon any of
the Property, including the Common Area, should the
Association default in its obligation to reimburse the city
for Common Area maintenance expenses.
Duration. Except as provided in the following sentence,
this Agreement'shall be binding for a period of twenty-five
(25) years from. the date of this Agreement and shall
automatically be extended for successive ten (10) year
periods unless a written instrument vacating or modifying
the Agreement shall be executed by the city and the
Association, and filed in the Deed Records at the
Association's expense. The CoPpell city Council after
recommendation by the Planning and Zoning Commission may by
resolution filed in the Deed Records terminate this
Agreement if the Council shall find that physical conditions
of the Property and the surrounding area shall have
substantially changed to warrant the termination of this
Agreement. The Mayor shall give written notice to the
Association and each owner of any portion of the Property
not less than ten (10) days before the date set for the
Planning and Zoning Commission hearing and the City Council
hearing respectively, with respect to to such termination,
by depositing the notice properly addressed and postage paid
in the United States Post office to each owner as the
ownership appears on the last approved city Tax Roll.
Binding on Successors. This Agreement shall be binding on
and inure to the benefit of its parties and their respective
successors and assigns.
COMMON AREA MAINTENANCE AGREEMENT Page 2
EXECUTED
of the date specified above.
NORTHLAKE 635 BUSINESS PARK
PROPERTY OWNERS ASSOCIATION
~rk W. (3onne I 1
Tts: Authorized Representative
CITY OF COPPELL
By:
Title:
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on /-~-~
Northlake 635 Business Park Propertf Owners Association,
behalf of said association.
[SEAL]
in a~{~ for
Notary public
the State of Texas
My' commission expires:
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on
the city of Coppell, on behalf of the City of Coppell.
[title]
by
of
on
by
of
[SEAL]
c~conndcO~O01 ~coppe!lk
Notary Public in and for
the State of Texas
My commission expires:
COMMON AREA MAINTENANCE AGREEMENT Page 3