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Vlg at CC S5/FP-CS 970408 AP; C1997 !I FIRST AMENDMENT TO DECLARATION ...~. OF COVENANTS AND RESTRICTION~ ~3[.3~..~ L2;[Y' · ;:,£~ FOR ..................... VILLAGE AT COTTONWOOD CREEK SECTION V THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS (this "First Amendment"), made this fi/ day of March, 1997, by GRAND LAND 96, L.P., a Texas limited partnership ("Declarant"); WITNESSETH: A. Declarant has heretofore executed and filed for record in the Deed Records of Dallas County, Texas, a certain Declaration of Covenants and Restrictions for Village at Cottonwood Creek Section V (the "Declaration"). B. The City of Coppell, Dallas County, Texas, has required certain amendments to the Declaration as set forth below, and Declarant accordingly desires to hereby amend the Declaration in accordance with the requirements of the City. NOW, THEREFORE, Declarant, being the owner of all of the Lots within the Properties and pursuant to the right of amendment granted to it in Section 9.3 of the Declaration, hereby amends the Declaration as hereinafter set forth: 1. The definition of "Common Maintenance Areas" set forth in Article I of the Declaration is hereby amended to read as follows: "'Common Maintenance Areas' shall mean and refer to (i) the landscaped areas adjacent to the entry of the Subdivision which are not part of any Lot, (ii) those other areas within the Properties as the Board may elect to include within 'Common Maintenance Areas' from time to time for maintenance by the Association, (iii) any specific common areas with respect to which the City may hereafter require that the Association perform landscape maintenance, and (iv) any common area or space shown on the recorded plat." 2. Section 3.3 of the Declaration is hereby amended by adding thereto a new paragraph (c) to read as follows: "(c) Should the Declarant, the Association or its Board fail or refuse to maintain such Common Maintenance Areas to City specifications for an unreasonable time, not to exceed ninety (90) days after written request to do so, the City, by and through a majority of the City Council members, shall have the same right, power and authority as is given to the Association and its Board to enforce this Declaration and levy assessments in the manner set forth herein. It is understood that in such event, the City may elect to exercise the rights and powers of the Association or its Board, to the extent necessary to take any action required PEDAL: 104485.2 24763-00003 and levy any assessment that the Association might have, either in the name of the Association, or otherwise, to cover the cost of maintenance of such Common Maintenance Areas." Except as amended hereby, the Declaration shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, this First Amendment has been executed by Declarant on the day and year first above written. DECLARANT: GRAND LAND 96, L.P., a Texas limited partnership By: Grand Texas Homes, Inc., Gen~ ~President THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the p! day of March, 1997, by Stephen H. Brooks, President of Grand Texas Homes, Inc., General Partner of GRAND LAND 96, L.P., a Texas limited partnership, on behalf#of such limited partnership. // / ~t'i, '~ )*j Nom.?Fuet!c, Sta'teofTexaa I~ ~ \y%~:<:...~..;?" [,tS,~mm,as'.cnE×'~:,cs ~,;3y 9,1997 ~ /~otary Public in and for ~-.;; ........ . .... ~ the State of Texas My Commission Expires: Printed Name REDAL: 104485.2 24763-00003 -2-