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Summer Place/FP-CS 850507 (4)THE STATE OF TEXAS ) COUNTY OF DALLAS ) Sunmner Place-Coppell 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". Summer Place-Coppell 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 indicate otherwise}, have the following meanings: A. "Association" means the SUMMER PLACE-COPPELL HOMEOWNERS' ASSOCIATION, INC. B. "City" shall mean the City of Coppell, Texas or its assignees. C. "Common area" means all of the property designated as a common 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 document is applicable. D. "Lots" means the numbered lots as shown on the plat which is attached to "Exhibit A". E. "Owner" means the record owner, {whether by foreclosure or otherwise) of fee simple title to any Lot. F. "Property" means the real property described above. ARTICLE II Association: Creationt Membership, Bylaws Section 1. The Association shall be formed as a non-profit corporation in accordance with the laws of the State of Texas. Section 2. All owners shall automatically become members of the Association. Membership in the Association is limited to the owners. Section 3. The Association may adopt by-laws that reasonably regulate the organization and operation of the Association. ARTICLE III Use and Management of Common Areas Section 1. Each owner shall have the nonexclusive right of enjoyment and use of the common areas. This right is an easement and passes with the title to every lot. Section 2. The Association shall maintain, repair, and restore all common 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 owner of each lot at the time when the assessment is due. 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 Association's failure to maintain common areas. Section 2. Upon assuming the maintenance obligation, the City may collect all as ses sment s. Section 3. When the City assumes the maintenance obligation, the City shall have the right of access to maintain the common areas. The Association shall indemnify and hold the City harmless from any and all costs, expenses, suits, deamnds, liabilities, damages, or otherwise including attorney's fees and costs of suit, in connection with the City maintaining the common areas. Section 4. When the City assumes the maintenance obligation, the Association shall not. collect any assessments, and shall have no authority to perform the maintenance obligations. The Association may collect assessments and resume its duties to maintain the common areas when it presents to the City substantial evidence of its willingness and ability to resume its maintenance obligations. ART ICLE 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 automatically be extended for successive ten (10) year periods unless a written instrument vacating or modifying the agreement is signed by the Mayor and all owners, and filed in the Deed Records at the owners' expense. Section 2. The Coppell City Council after recommendation by the Planning and Zoning Commission may by resolution fi led in the Deed Records terminate this agreement if the Council finds physical conditions of the property and the surrounding area have substantially 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 Planning and Zoning Commission hearing and the City Coanctl 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 Rol 1. EXECUTEO ON THIS day of , 19 . Owner ACKNONLEDGEMENTS Article 6602, V.A.C.S., enumerates the persons before whom acknowledgements of proofs may be made. (1) Single Acknowledgement THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared . , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed· Given under nLy hand and seal of office on this day of .... 19 Notary Public in and for County, Texas (2) Corporate Acknowledgement THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared of , a coproration, k~wn to me to be the person whos'~ name is subscribed' to the' foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this .. day of · NOtary Public in and for County, Texas