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Sandy L PlzL4/Re-CS 861218 (3) EXHIBIT A ~* S AGBFFMENT THE STATE OF TEXAS ) ) COUNTY OF DA~.~AS ) Children's W6rld~ Inc. is the owner of property located in Dallas County, Texas, being described on the plat attached hereto amd mmde a part hereof and marked "Exhibit A". Parks of Coppell Association wants to establish reasonable restrictions on the development and use of the property. For the consideration of the mutual benefit to the owner and all future owners of tbm lots within the property, the following restrictions are placed on every lot and are made a part of every deed. ARTICLE I Definitions The following words, when used in this statement of restrictions and covenants (unless the context shall clearly i~dicate otherwise), have the following meanings: A. "Association" means the Parks of Coppell Association OWNER'S. ASSOCIATION, INC. B. "City'" shall mean the City of Coppell, Texas or its assigr~es. C. "Oa,,~n area" means all of the property designated as a comnon landscaped area on the plat attached as "Exhibit A" and includes all screening walls adjacent to the public R.O.W. adjoining the subdivision for which this c~t is applicable. D. "Lots" means the m~nbered lots as shown on the plat which is attached as "Exhibit A". E. "Owner means the record owner, '%4hether by foreclosure or otherwise" of fee simple title to any lot. F. "Property" means the real property described above. 1 ARTICLE II Association: Creation, Membership, By.laws Section 1. The Association shall be formed as a non-profit corporation in accordance with the laws of the State of Texas. Section 2. Ail owners shall automatically become members of the Association. Membership in the Association is limited to the owr~rs. Section 3. The Association may adopt by-laws that reasonably regulate the organization and operation of the Association. ARTICLE III Use and Management of Con~x~ Areas Section 1. Each owner shall have the nonexclusive right of enjoyment and use of the comnon areas. This right is an easement and passes with the title to every lot. Section 2. The Association shall maintain, repair, and restore all com~ areas. The Association shall levy an assessment upon each lot on a pro rata basis for all costs connected with the maintenance of the common areas. Section 3. Each assessment is the personal obligation of the cwner of each lot at the time when the assessment is du~. The assessment, together with interest and cost of collection including reasonable attorney's fees shall be a lien on the lot and on all improvements on the lot. ARTICLE IV Rights of the City Section 1. The City shall have the right to perform the maintenance obligations of the Association if the Association fails to reasonably perform its maintenance obligations, and the Association fails to reasonably perform its maintenance obligations within ten (10) days after receipt by the Association of written notice from the City stating the nature and extent of the Associations's failure to maintain common areas. Section 2. Section 3. Upon assuming the maintenance obligation, the City may collect all assessments. When the City assu~es the maintenance obligation, the City shell heve the right of access to maintain the con, non areas. The Association shall indemnify and hold the City hermless from any and all costs, expenses, suits, demands, liabilities, damages, or other- wise including attorney's fees and costs of suit, in cc~..mction with tbm City maintaining the con, non areas. Section 4: When the City assu~es the maintenance obligation, the Association shell not collect any assessments, and shell heve no authority to perform the maintenance obligations. The Association may collect assessments and rest~ne its duties to maintain the conm~m~s areas when it presents to the City substantial evidence of its willingness and ability to resune it maintenance obligations. ARTICLE V Doration Section 1. These restrictions shell be binding for a period of twenty-five (25) years frcm the date of this agreement and shell automatically be extended for successive ten (10) year periods unless a written instrument vacating or modifying the agreement is sigrmd by the Mayor and all owners, and filed in the Deed Records at the owner's expense. Section 2. The Coppell City Council after reco~mm~dation by the Planning and Zoning Con, mission may by resolution filed in the Deed Records terminate this agreement if the Council 'finds physical conditions of the property and the surrounding area heve sub- stantially changed to warrant the termination of this agreement. The Mayor shell give notice to each owner not less than ten (10) days before the date set for the Planning and Zoning Cc~ssion hearing and the City Cot~mil hearing by depositing the notice property addressed and postage paid in the United States Post Office to each owner as the ~#nership appears on the last approved City Tax Roll. Owner: Chil~[~n's Wor£d, inc.