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Sandy L PlzL4/FP-CS 861218 EXHIBIT A H~OW~' S AGBKFMENT THE STATE OF TEXAS ) ) C. DUNIY OF DA~.]AS ) Children's W~rld: Inc. is the owner of property located in Dallas County, Texas, being described on the plat attached hereto and made 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 the 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~clicate 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 assignees. C. "Com~m~ area" means all of the property designated as a common landscaped area on the plat attached as "F~ibit A" and includes all screening walls adjacent to the public R.O.W. adjoining the subdivision for which this doct~ent is applicable. D. 'Tots" means the r~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 becon~ 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 ~ Areas Section 1. Each owner shall have the nonexclusive right of enjoyment and use of the contain areas. This right is an easement and passes with the title to every lot. Section 2. The Association shall maintain, repair, and restore all core, mu areas. The Association shall levy an assessment upon each lot on a pro rata basis for all costs connected with the maintermnce of the cotton areas. Section 3. Each assessment is the personal obligation of the owner of each lot at the time when the assessment is due. The assessment, together with interest and cost of collection including reasonable attorr~y'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 th~ City stating tha nature and extent of the Associations's failure to maintain co~mmu areas. 2 Section 2. Upon ass,~ning the maintenance obligation, the City may collect all assessments. Section 3. When the City assL~nes the maintenance obligation, the City shall have the right of access to maintain the ca~non areas. The Association shall indemnify and hold the City harmless from any and all costs, expenses, suits, demands, liabilities, damages, or other- wise including attorney's fees and costs of suit, in comnection with the City maintaining the common areas. Section 4: When the City ass~nes .the maintenance obligation, the Association shall not collect any assessments, and shall have r~ authority to perform the maintenance obligations. The Association may collect assessn~nts and resume its duties to maintain the cam~ons areas when it presents to the City substantial evidence of its willingness and ability to resttne it maintenance obligations. ARTICLE V Duration Section 1. These restrictions shall be binding for a period of twenty-five (25) years from the date of this agreement and shall autamstically be extended for successive ten (10) year periods unless a written instrz~nent vacating or modifying the agreement is signed by the Mayor and all owners, and filed in the Deed Records at the owner's expense. Section 2. The Coppell City Council after recc~m~ndation by the Plarming and Zoning COmT~SSion may by resolution filed in the Deed Records terminate this agreement if the Council ·finds physical conditions of the property and the surrounding area have sub- stantially changed to warrant the termination of this agreement. The Mayor shall give notice to each owner not less than ten (10) days before the date set for the Plarming and Zonir~ Cam~Lsston hearing and the City Co~il hearing by depositing the notice property addressed and postage paid in the United States Post Office to each owner as the ownership appears on the last approved City Tax Roll.