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Park Place/FP-CS 900917 CITY OF COPPELL 255 PARKWAY BLVD. P. O. BOX 478 COPPELL, TEXAS 75019 (214) 462-0022 WE ARE SENDING YOU [ ~Attached [ ] Mark Up Plans [ ] Copy of Minutes [ ] Change order ] Under Separate Cover via /~ [ ] Plans [ [ ] Copy of Letter [ the following items: ] Prints ] Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: [ ] For Your Use [ ] As Requested [~ For Review & Comment [ ] Returned for Corrections [ ] Resubmit__Copies for Approval [ ] Return Corrected Prints [ ] Approved as Noted [ ] Approved as Submitted [ ] Note & Reply To: [ ] Note & Forward To: [ ] Submit Copies for Distribution [ ] Return Markup Plans with Corrections ZOPY TO: ~ September 6, 1990 UNIVEST DEVELOPMENT COMPANY 12770 COlT ROAD · SUITE 1215 · DALLAS, TEXAS 75251 Telephone 214-233-5771 / Fax 214-233-5881 HAND DEU~ Mr. Gary Sieb Director of Planning City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: ilPark~Place Addition - Deed Restrictions Dear Gary: Enclosed is a draft of the proposed Declaration of Covenants and Restrictions to be used with the Park Place Addition. These restrictions are substantially the same form we have used on three other custom home additions we have developed in Coppell. Please call if you have any questions. Yours very truly, Univest,, Development Company M~cl tel R. Allen, President Enclosure cc: Mr. Richard Dooley GS/PP/9.6.90 DECLARATION OF COVENANTS AND RESTRICTIONS THE STATE OF TEXAS § COUNTY OF DALLAS § These Covenants made as of the day of October, 1990 by UNIVEST FINANCIAL CORPORATION, dba UNIVEST DEVELOPMENT COMPANY, a Texas corporation. WITNESSETH: Whereas, Developer desires to establish the Land as a subdivision consisting of Lots which are individually owned in fee simple; Whereas, Developer desires to establish certain covenants, easements and restrictions for the mutual benefit and protection of the Owners; 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: ARTICLE I DEFINITIONS Section 1.01 As used in these Covenants, the following terms shall have the meaning set forth below: (a) "Association" shall mean PARK PLACE HOMEOWNERS' ASSOCIATION, a Texas non-profit 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 duly amended from time to time. (f) "Common Expenses" shall mean all costs and expenses payable by The Association pursuant to the provisions of these Covenants, the Bylaws or a resolution duly adopted by the Board of Directors or the Owners. (g) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes, liens, reservations and assessments set forth herein. (h) "Deed" shall mean a deed or other instrument conveying the fee simple title to a Lot. (i) "Developer" shall mean UNIVEST FINANCIAL CORPORATION, dba UNIVEST DEVELOPMENT COMPANY, Inc., a Texas corporation, and any party to whom it shall expressly assign in writing its rights, powers, privileges or prerogatives hereunder. (j) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien or encumbrance upon a Lot. (k) "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. (I) "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. (m) "Lot" or "Lots" shall mean, individually or collectively, those certain lots designated as Lots 1 through 17, inclusive, of Block A, those certain lots designated as Lots 1 through 20, inclusive, of Block B, those certain lots designated as Lots 1 through 25, inclusive, of Block C, those certain lots designated as Lots 1 through 12, inclusive, of Block D, and Lots I through 14, inclusive, of Block E, all of Park PLACE, an addition to the City of Coppell, Texas according to the plat thereof recorded in the Map Records of Dallas County, Texas. (n) "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 security for the performance of an obligation and the term "Owner" to include Developer if Developer is a record owner of fee simple title to a Lot. (o) "Plat" shall mean that certain Plat depicting Park PLACE, an addition to the City of Coppell, Dallas County, Texas as recorded in Volume , Page of the Map Records of Dallas County, Texas as the same may be amended from time to time. (p) "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. ARTICLE III USE RESTRICTIONS Section 3.01 All Lots within the Land are hereby restricted as follows: (a) All Lots shall be used for single-family residential purposes only. No Building or structure shall be erected, altered, placed or permitted to remain on any Lot other than a single-family dwelling and, if any, its customary and usual accessory structures (unless prohibited herein). No Building or structure intended for or adapted to business purposes shall be erected, placed, permitted or maintained on such premises, or any part thereof, save and except those related to development, construction and sales purposes of Developer. This covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade or profession on any Lot. The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations and ordinances of the City of Coppell, Texas or any other governmental authority having jurisdiction over any Lot. (b) No Residence constructed on any Lot shall contain less than 1,600 square feet of fully enclosed floor area devoted to living purposes measured from exterior wall to exterior wall. The fully enclosed floor area devoted to living purposes shall be exclusive of porches, terraces, garages, and other areas not heated and air conditioned. In addition to the foregoing, all Residences shall have a fully enclosed attached garage of sufficient size for at least two automobiles. (c) No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot or Building without prior written approval and authorization of the Architectural Control Committee, as hereinafter defined. (d) At least eighty percent (80%) of the exterior walls of the first floor of each Building on a Lot shall be of masonry construction exclusive of doors and windows. Each story above the first story of a Residence shall have masonry coverage consistent with the requirements of the City of Coppell, Texas; provided, however, that the side adjacent to the street of each story above the first story of a Residence on any Lot which is adjacent to either Sandy Lake Road or Hearz Road shall have an all masonry exterior exclusive of doors and windows unless another type exterior is permitted by the Architectural Control Committee. Stucco type exteriors may be permitted only if approved by the Architectural Control Committee. (e) No exterior storage of any items of any kind shall be permitted except with prior written approval and authorization of the Architectural Control Committee. Any such storage as is approved and authorized shall be in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view from neighboring property, pathways and streets. This provision shall apply without limitation, to wood piles, camping trailers, boat trailers, travel trailers, boats, mobile homes and unmounted pickup camper units. Also without limitation, no automobile, truck or other vehicle, regardless of ownership, age, condition or appearance shall remain on any Lot in any manner which could be construed as being stored, neglected, abandoned or otherwise not in frequent use except pursuant to written approval and authorization of the Architectural Control Committee. (f) No garbage or trash will be placed about the exterior of any Building, except in receptacles meeting the specifications of the City of Coppell, Texas, and the Architectural Control Committee, and the placement, maintenance and appearance of all such receptacles shall be subject to reasonable rules and regulations of the Architectural Control Committee. All rubbish, trash and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. (g) No radio, stereo, broadcast or loud speaker units and no amplifiers of any kind shall be placed upon or outside, or be directed to the outside of any Building without prior written approval and authorization of the Architectural Control Committee. (h) No outside lighting (other than porch lighting, patio lighting and indirect lighting) shall be placed, allowed or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee. (i) No animals, reptiles, fish or birds of any kind shall be raised, bred or kept on any Lot except pursuant to prior written approval of the Architectural Control Committee, provided, however, that dogs, cats, birds or fish may be kept therein as household pets so long as, in the discretion of the Architectural Control Committee, such pet is not, or does not become, a nuisance, threat, or otherwise objectionable to other Owners. (j) No Lot shall be further subdivided and no portion less than all of any such Lot (including the garage), or any easement or any other interest therein, shall be conveyed by any Owner. (k) No Owner shall permit any thing or condition to exist upon any Lot which shall induce, breed or harbor plant disease or noxious insects. (I) No tree, shrub, or plant of any kind on any Lot shall be allowed to overhang or otherwise encroach upon any sidewalk or any other pedestrian way from ground level to a height of seven (7) feet without the prior written approval and authorization of the Architectural Control Committee. (m) No machinery, fixtures or equipment of any type, including without limitation, heating, air conditioning or refrigeration equipment and clotheslines, shall be placed, allowed or maintained upon the ground on any Lot, except with the prior written - 3 - approval and authorization of the Architectural Control Committee and then only in areas attractively screened or concealed (subject to all required approvals as to architectural control) from the view of neighboring property, pathways and streets; and no such machinery, fixtures, or equipment shall be placed, allowed or maintained anywhere other than on the ground (such as on the roof) except if screened or concealed (subject to all required approvals as to architectural control) in such manner that the screening or concealment thereof appears to be part of the integrated architectural design of the Building and does not have the appearance of a separate piece or pieces of machinery, fixtures or equipment. (n) No gas, electric power, telephone, water, sewer, cable television, or other utility or service lines of any nature or kind shall be placed, allowed or maintained upon or above the ground on any Lot, except along the perimeter boundary of the Land and except to the extent, if any, underground placement thereof may be prohibited by law or would prevent the subject line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. (o) No open fires or burning shall be permitted on any Lot at any time and no incinerators or like equipment shall be placed, allowed, or maintained upon any Lot. The foregoing shall not be deemed to preclude the use, in customary fashion of outdoor residential barbecues or grills. (p) Except with respect to signs and advertisements placed and maintained by the Developer prior to the conveyance by it of all of the Lots, no exterior signs or advertisements of any type may be placed, allowed or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee, except for (i) during the applicable initial construction and sales period, one professional sign (of not more than fifteen (15) square feet in size) per Lot may be utilized for advertising and sales purposes; (ii) thereafter, a dignified "for sale" sign (of not more than five (5) square feet in size) may be utilized by the Owner of the respective Lot for the applicable sale situation; and (iii) mailboxes and residential nameplates may be placed and maintained in conformity with such common specifications, including without limitation, reasonable restrictions as to size, as may be adopted by the Architectural Control Committee. Any and all other signs to be placed upon any Lot must first be submitted to and approved by the Architectural Control Committee prior to being displayed on any Lot. (q) No repairs of any detached machinery, equipment or fixtures, including without limitation motor vehicles, shall be made upon any portion of any Lot within view of neighboring property, pathways and streets, without prior written approval and authorization of the Architectural Control Committee. (r) No oil exploration, drilling, development or refining operation and no quarrying or mining operations of any kind, including oil wells, service tanks, tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot. (s) No portion of the Land may be developed or redeveloped otherwise than in accordance with its original intended use, without the prior written authorization and approval of the Architectural Control Committee. (t) No Lot shall be maintained or utilized in such a manner as (in the discretionary judgment of the Architectural Control Committee) to present an unsightly appearance (including but not limited to clothes drying within public view), or as to unreasonably offend the morale of or as to constitute a nuisance or unreasonable annoyance to, or as to endanger the health of, other Owners or residents of the Land; and no noxious or otherwise offensive condition or activity shall be allowed to exist or be conducted thereon. (u) No Lot shall be maintained or utilized in such manner as to violate any applicable statute, ordinance, or regulation of the United States of America, the State of Texas, the County of Dallas, the City of Coppell, or any other governmental agency or subdivision having jurisdiction in the premises. -4- (v) No Lot shall be maintained or utilized in violation of the Covenants. (w) Motor vehicles owned or in the custody of any Owner can be parked only in the garage or garage apron located upon or pertaining to such Owner's Lot, or in parking areas designated by the Architectural Control Committee, unless otherwise authorized by the Architectural Control Committee. No buses, vans or trucks having a carrying capacity in excess of 3/4 tons or designed for commercial purposes shall be placed, allowed, or maintained on any Lot except with the prior written approval and authorization of the Architectural Control Committee in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view of neighboring property, pathways and streets. (x) The garage door on each Lot shall be kept closed at all times except when such garage is being entered or exited and all garages which face a public street shall have automatic garage door openers. (y) No Building shall be permitted to fall into disrepair and any such Building shall at all times be kept in good condition and repair, adequately painted or otherwise finished. (z) All utility lines from each Residence to the common utility lines (i.e., water, gas, sewer, power, etc., utility lines which carry any utility to or sewage from such Residence) shall be maintained by the Owner of such Residence at his own cost and expense. (aa) The Owners of any Lot shall have the right to lease or rent all, but not less than all, of such Lot with the Residence and appurtenances thereon. Any such lease or tenancy is and shall be subject to all of the provisions of this Declaration. ARTICLE IV ASSOCIATION, ORGANIZATION AND MANAGEMENT Section 4.01 The Board of Directors of the Association shall consist of not less than three (3) nor more than nine (9) members, the exact number to be fixed in accordance with the provisions of the Bylaws. Section 4.02 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 (I) 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, the vote for such Lot shall be exercised as they, among themselves determine, but in no event shall more 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 (1) more than the total number of votes of the Class A members combined. However, on the later of either (a) December 31, 1995 or (b) the time that the total number of Lots owned by the Class A members first equals or exceeds three (3) times the total number of Lots owned by the Class B member, 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 the contrary contained herein, on that date which is seven (7) years from the date of the filing hereof, and thereafter, the 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 the Association, and such membership shall continue so long as such person or entity continues to be an Owner. The membership of an Owner in the Association shall be appurtenant to and may not be separated from record ownership of any Lot, and the transfer of any membership in the Association which is not made as a part of a transfer of a Lot shall be null and void. Ownership of a Lot shall be the sole qualification of being a member of the Association. Each Owner shall comply with all rules and regulations as established by the Association from time to time. -5- Section 4.04 The Association shall have the duty to maintain all common areas on the 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 the same be expressed or implied, including but not limited to the following: (a) The power to levy and collect Assessments (of whatever nature) for the maintenance, repair or replacement of the 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; (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. Section 4.05 The Association, through the Board of Directors, shall have the right to enforce these Covenants, except and to the extent that the right to enforce certain provisions hereof has been granted to the Architectural Control Committee, whether expressly or by implication. If the Board of Directors shall fail or refuse to enforce these Covenants 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. ARTICLE V ASSESSMENTS, MAINTENANCE FUND AND ASSESSMENT UENS Section 5.01 The Association shall possess the right, power, authority and obligation to establish a monthly assessment sufficient in the judgment of the Board of Directors to pay when due all charges and expenses related to the operations of the Association. Such monthly assessments so established shall be payable by the Owners on the first day of each calendar month. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to the maintenance and repair of the roadways existing on the Land, 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 o~ the Owners shall be required for the establishment of the monthly assessments contemplated by this section. Section 5.02 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^lshall be accompanied by a statement setting forth each Owner's monthly pro rata share thereof and the date on which such monthly assessment first commences to be payable. No further communication shall be necessary to establish the amount of each Owner's obligation regarding the monthly 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 monthly assessments contemplated hereby. Any budget prepared and delivered to the Owners as hereby contemplated may be amended as and to the extent reasonably necessary, and the amount of an Owner's monthly assessment changed, to correspond therewith. Section 5.03 In addition to the monthly 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-recurring 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 reconstruction of specific Lots (including the Buildings thereon) in the manner hereinafter specified. -6- 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 fifteen (15) days of the date due shall bear interest at the rate of eighteen percent (18%) 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 deliquent assessments, the existence of which shall be made known by written notice delivered to the defaulting Owner and such Owner's First Mortgagee. Section 5.05 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 non-judicial 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 Mortgagee, 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 monthly assessment payable at the time of such request. ARTICLE VI IMPROPER MAINTENANCE BY OWNER Section 6.01 In the event any Lot (including any Building or Residence located thereon) is, in the judgment of the Architectural Control Committee or of the Association, through 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 Architectural Control Committee or the Association, through the Board of Directors, may, by resolution, make a finding to that effecl specifying 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, the Board of Directors shall be authorized and empowered, on behalf of the Association, to cause such action to be taken and the cost (the "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. Section 6.02 The Board of Directors shall have the right at any time there are unpaid Maintenance Costs outstanding with respect to a Lot to file 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 automatically be imposed upon such Lot a Lien (the "Maintenance Lien") in favor of the Association for the amount of such unpaid Maintenance Costs relating to any such Lot. Upon payment of the Maintenace 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 file of record with the County Clerk of Dallas County, Texas an 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. -7- Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee, personal representatives, successors and assigns, covenants and agrees: (a) That he will pay to the Association within fifteen (15) 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 agreements 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 the Maintenance Lien against the Lot in accordance with the prevailing Texas law relating to the foreclosure of realty mortgages and liens (including the power of conducting a non-judicial sale in accordance with the 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 eighteen percent (18%) per annum, and reasonable attorney's fees. 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: Tommy C. Wise, James M. Clements and Michael R. Allen. All matters before the Architectural Control Committee shall be decided by majority vote of its members. After December 31, 1995, the Association shall 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 the 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 December 31, 1995 and by Association if such death, incapacity or resignation occurs thereafter. Section 7.02 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 of grade, roadways and walkways, be made until the plans and specifications showing the nature, kind, shape, height, materials, color, and location and other material attributes of the 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 location 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 Architectural Control Committee 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 complied with. The Architectural Control Committee shall have the right, all 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 plans do not provide for adequate structural integrity or structural support for the improvements; or (f) 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 Architectural 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. Section 7.03 The Architectural Control Committee shall have the right, but not the obligation, to enforce the provisions of these Covenants. If the Architectural Control Committee shall fail or refuse to enforce these Covenants for an unreasonable period of time 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, whether in law or in equity. ARTICLE VIII VARIANCES Section 8.01 The Architectural Control 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; provided, however, that such is done 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. ARTICLE IX LAND SUBJECT TO THIS DECLARATION Section 9.01 All of the Property and any right, title or interest therein shall be owned, held,leased,sold and/or conveyed by Developer, and any subsequent owner of all or any part thereof, subject to these Covenants and the covenants, restrictions, charges and liens set forth herein. ARTICLE X MISCELLANEOUS Section 10.01 These Covenants may be revoked or amended in the following manner: (a) Until December 31, 1995, the Architectural Control Committee, together with a majority of the Owners, shall have the right, from time to time, to revoke or amend these Covenants for any purpose by instrument bearing the signatures of a majority of the Architectural Control Committee and a majority of the Owners duly acknowledged and recorded in the Records of the Office of the County Clerk of Dallas County, Texas. -9- (b) On or after January 1, 1996, seventy-five percent (75%) of the Owners may from time to time, revoke or amend these Covenants for any purpose by instrument bearing the signatures of seventy-five percent (75%) of the Owners, duly acknowledged and recorded in the Deed Records of the Office of the County Clerk of Dallas County, Texas. Section 10.02 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, 2038. From and after said date, these Covenants, as amended, shall be automatically extended for 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. 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 provided 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 the 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 and 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 hereof, or 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 rule, the interest shall be construed as becoming void and of no effect as of the end of the applicable period of perpetuities computed from 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. EXECUTED on the date first above written. UNIVEST FINANCIAL CORPORATION, dba UNIVEST DEVELOPMENT COMPANY, a Texas corporation By: Michael R. Allen, President 10- Deed Restrictions/wk STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the da 1990 by MICHAEL R. ALLEN, the President of UNIVEST FINANCIAL CORPORATION, dba UNIVEST DEVELOPMENT COMPANY, a Texas corporation, on behalf of said corporation. My Commission Expires: Notary public -11