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Windsor Est/PP-CS 980310Kelly S. Jordan PO Box 1097 Coppell, TX 75019 TIM HAGEN DIRECT DIAL NUMBER: (972) 386-0441 HAGEN & PARSONS A PROFESSION.N, CORPORAl']ON ATTORNEY8 AND C:OUNIEL.Q4~ NORTH CENTRAL PLAZA THREE 12801 NORTH CENTRAL EXPRESSWAY, SUITE 370 DALLAS, TEXAS 75243 TELEPHONE (972) 386-0440 FAX (972) 386-0443 February 26, 1998 Mr. Kelly S. Jordan 2639 Walnut Hill Lane, Suite 103 Dallas, Texas 75229 Re: Windsor Estates Our File No. JORDAN-20 Dear Kelly: Enclosed is a revised copy of the Declaration of Covenants, Conditions and Restrictions for Windsor Estates, Coppell, Texas. The definition of "Common Properties" in Article I(h) was changed to include the area designated as %ommon properties" or "common areas" on the recorded plat, and Section 6.06 was added at the request of the City of Coppell. Prior to executing and recording the Declaration, you will need to attach a legal description of the property as ~ and a description of the Common Properties as Exhibit "B" to the Declaration. TDH:cw Enclosure If you have any questions or need any assistance in preparing the exhibits, please give me a call. ry~o Ve ur5, B:'~ILBSUORDAN~0U OI~DAN.TDH AFFBR RECORDINO ~ TO: Timothy D. H~en Ha~en & psrsons, p.e. North Centrsl Plaza Thr~ 12801 N. Central Expwy., Suite 3?0 D~llas, Tex~ 75243 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSOR F~TATES, COPP~LL, TEXAS TIHS DECLARATION (herein so called) is made this ~ day of , 1998, by COPPELL OPTIMUM ASSETS, LLC, a Texas limited liability company (hereinafter referred to as WITNESSETH: WHEREAS, Declarant is the owner of the real property referred to in ~ hereof and described on ~ attached hereto and made a part hereof for all purposes, and desires to create thereon a residential community with residential lots, open spaces, landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls~ lakes, fountains, and other common improvements for the benefit of the community; and Wi:IEREAS, Declarant desires to provide for, among other matters, the preservation of the values and amenities in said community and for the maintenance of said open spaces, landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls, lakes, fountains, and other common improvements; and, to this end, desires to subject the real property referred to in ~, together with such additions as may hereafter be made thereto (as provided in ~ to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each and every owner of any part thereof; and Vtq:~AS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an owners' association to which would be delegated and assigned the powers of (i) maintaining and administering the common properties and facilities, (ii) administering and enforcing the covenants and restrictions contained herein, and (iii) collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused or will cause a non-profit corporation to be incorporated under the laws of the State of Texas for the purpose of effecting the intents and objectives herein set forth. NOW, THEREFORE, Declarant declares that the real property referred to in and such additions thereto as may hereafter be made pursuant to ~ hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as ~") hereinafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise provide) shall have the following meanings: (a) "Architectural Control Committee' shall mean and refer to the architectural control committee described in ~ hereof. (b) "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association as may be amended from time to time. (c) 'Association" shall mean and refer to Windsor Estates of Coppell Residential Association, Inc., a Texas non-profit corporation, which will have the power, duty and ..x.x.x.r~.nsibili. ty..o.f m.ain .t~fing and ad.mi~i_ ~'s~te_r~l~___g_~e,_C_o..m_~,o..,~ Properties, and collecting ano UlSOUrslng tile assessments anu charge.- ~c,cuuuu; prescribed, and will have the right to administer and enforce the Covenants and Restrictions. (d) "Board' or "Board of Directors" shall mean and refer to the board of directors of the Association. (e) "li.VJa_~" shall mean and refer to the bylaws of the Association, as may be amended from time to time. · (f) 'Clm A Members" shall have the meaning set 'forth in ~;ection 3.02 hereof. (g) ~.02 hereof. 'Class B Members' shall have the meaning set forth in Section (h) "Common Pronerties' shall mean and refer to (i)those certain streets, drives, street lights, street signs, traffic control devices, park~, ay areas, landscaped medians, landscaping improvements, plantings, screening walls, fencing, sprinkler systems, lakes, fountains, and easements, among other amenities, as are more particularly described on ~ attached hereto and made a part hereof for all purposes, all of which are intended to be devoted to the common use and enjoyment of the Owners; (ii) any areas designated as "common properties" or "common areas' on .the Plat; and (iii)any areas of land, impwvements or other property fights within the Properties which are now or hereafter designated by the Declarant or the Board of Directors as Common Properties intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that are.now or may hereafter be constructed thereon. In certain circumstances, Common Properties may not be owned by the Declarant or the Association. in ,fee: but may, j~. so.m.e, i~.s__t,~_ _c~_I be held as an easement, be leased or may simply ue areas oI lano ma~ arc nu~ owned or leased by the Declarant or the Association but which are maintained by the Association or the Declarant for the use and benefit of the Owners and the Properties. An example of areas of Common Properties which may not be owned or leased by the Association or the Declarant but would constitute a portion of the Common Properties would be landscaped areas appurtenant to and within public fights-of-way. The Declarant may. hold record title to all o.r. a portion o,f.th? Common Properties, consistent with the objectives envisionen herein ano suujec~ to the easement rights herein of the Owners to. use and enjoy the Common Properties, for an indefinite period of time an¢! at a point in time (deemed appropriate and reasonable by the Declarant) after the Association has been incorporated, record title to those portions of the Common Properties which are owned by the Declarant in fee, as an easement or otherwise will be transferred from the Declarant to the Association. (i) '{~7~[tlal' shall mean and refer to COPPELL OPTIMUM ASSETS, LLC, a Texas limited liability company, and its successors and assigns, if such successors and/or assigns become same by express assignment by COPPELL OFFIMUM ASSETS, LLC, of its rights as Declarant hereunder or by operation of law. No person or entity purchasing one or more Lots from COPPELL OPTIMUM ASSETS, LLC, in the ordinary course of business shall be considered as 'Declarant'. (j) 'Lot' shall mean and refer to any plot or tract of land shown upon any recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time, which is designated as a lot thereon and which is or will be improved with a residential dwelling. Some portions of the Common Properties may be platted as a 'lot' on the recorded subdivision plat, however, these lots shall be excluded from the concept and definition of lot as used herein. (k) 'Member' shall mean and refer to each Owner as provided in ~ hereof. (1) 'Owner' shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to this Declaration. The foregoing is not intended to include persons .or entities who hold an interest merely as security for the performance of an obligation. 3 B: ~qI"E~LIORDAN~0~R'CCI~ (m) 'Plat" shall mean and refer to the Final Plat of Windsor Estates, an addition to the City of Coppell, according to the map or plat thereof recorded in Volume , Page of the Plat Records of Dallas County, Texas. (n) '~' shall mean and refer to the properties subject to this Declaration as described on ~ attached hereto, together with such additions as may hereafter be made thereto (as provided in ARTICLE H PROPERTY S~T TO THIS DF_,CLARATION; ADDITIONS THERI~TO 2.01 Existin~ Properties. The Properties which are, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration are located in Coppell, Dallas County, State of Texas, and are more particularly de.scribed on ~ attached hereto and incorporated herein by reference for all purposes. 2.02 Additions to Properties. Additional land(s) may become subject to this Declaration in any of the following manners: (a) The Declarant may add or annex additional real property to the scheme of this Declaration by filing of record a Supplementary D~c. l_.a~a, ~o.n.o.f Covenants, Conditions and Restrictions ('Su_m)lementary Declarauon )wmcn shall extend the scheme of the Covenants and Restrictions of this Declaration to such property; provided, however, that such Supplementary Declaration may contain such complementary additions .and modifications of the Coven.ants. ~d Restrictions contained in this_Declaration as may t~e necessary to. ren.ect. ?.e different character, if any, of the added propemes ano as are not ma~enauy inconsistent with this Declaration in a manner which adversely affects the concept of this Declaration. Co) In the event any person or entity other than the Declarant desires to add or annex additional residential and/or common areas to the scheme of this Declaration, such proposed annexation?ust have ~.e.prior.wri..Uen ~nsent.~d approval of the majority of the outstanding votes ,.~nmm each voung class ot me Association. (c) Any additions made pursuant to para?aohs Ca} and Co) of this ~i~U_2~, when made, shall automatically extend the-jurisdiction, functions, duties and membership of the Assoo'ation to the properties added. (d) The Declarant shall have the right and option [without the joinder, approval or consent of any per~.n(.s.) or enti~(.ies)], to .cau~ the A...s.~:.!ation etor merge or consotidate with any s~milar assoc~aUon men having junsmcuon ore real property located (in whole or in j~art) within one-half (1/2) mile of any real property then subject to the jurisdicuon of the Association. Upon a me,er or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law, be transfen'ed to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another assooa' tion may, by operation of law, be added to the properties, rights 4 F.: ~FILI~O~Wn~'DSOR.CCR and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated associa, rion .ma..y. ad.minister the. Co. ven..ants and Restrictions established by this DeclaraUon w~tmn me rroperu~ togemer with the covenants and restrictions established upon any other properties as one scheme. (e) Notwithstanding the fact that the Declarant may not be an Owner [a Class A or Class B Member] by virtue of its sale, transfer or conveyance of all of its right, rifle, and interest in the Properties, the Declarant shall continue to be entitled to implement and exercise all its rights under and pursuant to this ~ and all of the subsections hereof. Even though the Declarant. may not be a Class A or Class B Member prior to an annexation, merger or consolidation permitted by this ,~I~B_2~_~, subsequent to s_u.ch a~_n.exafi.on, merger or consolidation, the Declarant shall be and become a ,~ass ~ lviemoer with respect to the Lots owned by it within the Properties, as such Properties have been expanded or increased by the annexation, merger or consolidation., The Declarant's rights 'as a Class B Member shall be governed by and set forth in this Declaration and the Articles of Incorporation and Bylaws of the Association, as same may be amended or altered by, and in accordance with, the annexation, merger or consolidation. ARTICLE HI MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.01 Membership. Every Owner of a Lot shall automatically be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The Board of Directors may declare that an Owner is not a Member in good standing because of unpaid dues, frees, late charges, interest, legal fees, and/or any other Assessment of any nature. The Board of Directors may temporarily suspend the voting rights of any Member who is not in good standing until such unpaid amounts are paid in full. 3.02 Classes of Membership. The Association shall have two (2) classes of voting membership: ~. Class A Members shall be all Members with the exception of Class B Members. Class A Members shall be entifled to one (I) vote for each Lot in which they hold the interest required for membel'ship. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among · themselves, determine, but in no event shall more than one vote (1) be cast with respect to any such Lot. ~. Class B Members shall be Declarant and any bona fide Owner who is engaged in the process of constructing a residential dwelling on any Lot for sale to consumers. Declarant shall be entitled to six (6) votes for each LOt owned by all Class B Members. Class B Members other than Declarant shall be non- voting Members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the following: (i) when the total number of votes outstanding in the Class A membership is eight (8) times greater than the total number of votes outstanding in the Class B membership; or (ii) when Declarant no longer owns record title to any of the Lots; or (iii) on the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Dallas County, Texas. Notwithstanding the voting rights within the Association, until the Declarant no longer owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Dallas County, Texas, whichever occurs first in time, the Association shall take no action with respect to any matter whatsoever without the prior written consent of the Declarant. Owners of exempt properties as described in s$.II~TAi.~Li~..~I, hereof shall be Members but shall not have voting rights. 3.03 Quorum, Notice and Voting Requirements. (a) Subject to the provisions of ~ of this Section, any action taken at a meeting of the Members shall require the assent of the majority of all eligible votes of those who are voting in person or by proxy, regardless of class, at a meeting duly called, written notice of which shall be g~ven to all Members not less than ten (10) days nor more than sixty (60) days in advance. (b) Thc quorum required for any action referred to in ~ of this Section shall be as follows: The presence at the initial meeting of Members entitled to cast, or of proxies entitled to cast, one tenth (1/10~) of all of the votes of the Association, regardless of class, shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Bylaws or this Declaration or as provided by thc laws of the State of Texas. (c) As an alternative to the procedure set forth above, any action referred to in ~ of this Section may be taken without a meeting if a consent in writing, approving the action to be taken, shall be signed by all Members. (d) Except as otherwise specifically set forth in this Declaration, notice, voting and quorum requirements for all actions to be taken by the Association ~!! be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. (e) Except as specifi~y set forth in this Declaration, notice, voting and quorum requirements for all action to be taken by the Association (as an incorporated entity) shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES 4.01 Members' Easements of F_~oyment. Subject to the provisions of ~ of this Article, every Member and every tenant of every Member, who resides on a Lot, and each individual who resides with either of them, resp~tively, on such Lot shall have a non- exclusive right and easement of use and enjoyment in and to the Common Properties, except that no wading, swimming, boating or fishing shall be allowed in the lakes or drainage ways, and such easement shall be appurtenant to and shall pass with the title of every Lot; pwvided, however, such easement shall not give such person the right to make alterations, additions or improvements to the Common Pwperties. 4.02 Title to the Common Properties. The Declarant shall dedicate and convey the fee simple title to the Common Properties to the Association at such point in time deemed reasonable and appropriate by the Declarant. Prior to the date the Common Properties are conveyed to the Assodation, the Declarant shall retain the right to sell portions of the Common Properties to Owners if Declarant, in its sole discretion, deems such sale to be for the best interest of the development. 4.03 Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to and limited by the following: (a) The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties. (b) Liens of mortgages placed against all or any portion of the Common Properties with respect to monies borrowed by the Declarant to develop and improve the Common Properties or by the Association to improve or maintain all or any portion of the Common Properties; (c) The right of the Declarant and/or the Association to enter into and execute contracts with parties (including the Declarant or an affiliate of the Declaran0 for the purpose of providing maintenance for all or a portion of the Common Properties or providing materials or services consistent with the purposes of the Association; (d) The right of the Association to take such steps as are reasonably necessary to pwtect the Common Properties against foreclosure; - 7 - B:~n~P.s~ORD~WINDSOR.C~ (e) The right of the Association, as may be provided in its Bylaws, to suspend the voting rights of any Member and to suspend the right of any individual to use any of the Common .P~.r~i.' .es, four any period during which any assessment against a Lot owned by such malwaual remains unpaid, and for any period not to exceed sixty (60) days for an infraction of its rules and regulations; (f) The right of the Declarant or the Association, subject to..appro.val by written consent by the Member(s) having a majority of. ~.e o.utstan, cllngf~o~ of the Members, in the aggregate, regardless of class, to clealcate or trans er or any part of the Common Properties to any public agency, authority, or utility company for such purposes and upon such conditions as may be agreed to by such Members; (g) The right of the Declarant or the Association, at any time, to make such reasonable amendments to the Plat, as it deems advisable, in its sole discretion. All Members are advised that a portion of the Common Properties may be located within the platted and dedicated public fights-of-way and in connection therewith the public shall have rights of use and enjoyment of, Common Properties located within the public rights-of-way; and (h) With respect to any and all portions of the Common Properties, Declarant, until Declarant no longer owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Dallas County, Texas, whichever is the first to occur, shall have the right and option (without the joinder and consent of any person or entity, save and except any consent, joinder or approval required by the City of Coppell or any other governmental agency having appropriate jurisdiction over the Common Properties) to: (i) alter, improve, landscape and/or maintain the Common Properties; (ii) rechannel, realign, dam, bridg.e, bulwark, culvert and otherwise employ or utilize construction and/or engineering measures and activities of any kind or nature whatsoever upon or within the Common Properties; (iii) zone, rezone, or seek and obtain variances or permits of any kind or nature whatsoever upon or within the Common Properties; (iv)replat or redesign the shape or configuration of the Common Properties; and (v) seek and obtain any and aH permits, licenses or exemptions from any and aH governmental agencies exercising jurisdiction over the Common Properties and/or the uses or activities thereon. ARTICLE V COVENANTS FOR ASSESSMF~NTS $.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it, hereby covenants and agrees,, an.d each purchaser of any Lot by acceptance of a deed or other conveyance document creating m sucn Owner the interest required to be deemed an Owner, whether or not it shall be so expressed in any such de~d. or other. conveyance document, shaH be deemed to covenant and agree (and such covenant an¢! agreement shall be deemed to constitute a portion of the consideration and purchase money for the acquisition of the Lot), to pay to the Association (or to an entity or collection agency designated by the Association): (1) annual maintenance assessments or charges (as specified in ~ hereof), such assessments to be fixed, established and collected from time to time as herein 8 - E: ~LI~JORDAN~WINDSOR.CC~ provided;~ (2) special assessments for capital improvements and other purposes (as.specifie~!' in ~ hereof), Such assessments to be fixed, established and collected from time to time as hereinafter provided; and (3) individual spocial assessments levied against one or more Owners to reimburse the Association for extra costs for maintenance and ~ caused by the willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and thei~ respective family, agents, guests and invitees, and not caused by Ordinary wear and tear (as specified in ~ hereof), all of such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual maintenance, special capital, and special individual assessments described in this ~ (hereinafter, the "Assessment' or the "Assessments," together with interest thereon, attorneys' fees, court costs and other costs of collection thereof, as herein provided, shall be a charge on the land and shall be a continu?g lien upon each Lot against which any such Assessment is made. Each such Assessment, togemer with interest thereon, attorneys' fees, court costs, and other costs of collection thereof shall also be the continuing personal obligation of the Owner of such Lot at the time when the Assessment fell due. Further, no Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. Existing obligations of an Owner to pay Assessments and other costs and charges shall not pass to bona fide first lien mortgagees which become Owners by reason of foreclosure proceedings or an action at law subsequent to the date the Assessment was due; provided, however, any such foreclosure proceeding or action at law shall not relieve such new Owner of such LOt from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent Assessment. 5.02 Purpose of Assessments. Thc Assessments levied by the Association shall be used exclusively for (i) the purpose of promoting the recreation, comfort, health, safety and welfare of the Members and/or the residents of the Properties; (ii) managing the Common Properties; (iii) enhancing the quality of life in the Properties and the value of the Prope~es; (iv) improving and maintaining the Common Properties, the properties, services, improvements and facilities devoted to or directly related to the use and enjoyment of the Common Properties., including, but not limited to, the payment of taxes on the Common Properties and insurance m connection therewith and the repair, replacement and additions thereto; (v) paying the cost of labor, equipment (including the expense of leasing any equipmen0 and material.s required for, and management and supervision of, the Common Properties; (vi) carrying out me powers and duties of the Board of Directors of the Association as set forth in this Declaration and the Bylaws; (vii)carrying out the purposes of the Association as stated in its Articles of Incorporation; and (viii) carrying out the powers and duties relating to the Architectural Control Committee, after Declarant has delegated or assigned such powers and duties to thc Association. 5.03 Improvement and Maintenance of the Common Properties Prior to Conveyance to the Association. Initially, all improvement of the Common Properties shall be the responsibility of the Declarant and shah be undeflaken by Declarant at its sole cost and expense with no right to reimbursement from the Association. After the initial improvements to the Common Properties are substantially completed and un. til the date of the conveyance of the title to the Common Properties to the Association, me Declarant, on behalf of the Association, shall have the responsibility and duty (but with right of Assessment against all Owners) of maintaining the Common Properties, including, but not limited to, the pa]men! of taxes on and insurance in connection with the Common Properties and the cost otrepm.rs, replacements and additions thereto, and for paying ~e cost of labor, equipment ('.including..the expense of leasing any equipm_ eh.t) and ma.terial.s req....uir_ _~___ __.for, and m..an~ement and SUl~..nnsion of, the Common Properties. In this regard, ano until such time as me common ympemes are - 9 E: ~n ~_q~IORDAN~0~WD~II~OR.C~CR conveyed to the Association, all Assessments collected by the Association (less such amount required for the operation of the Association) shall be forthwith paid by the Association to Declarant, to the extent that such Assessments are required by Declarant to maintain the Common Properties as set forth in this Paragraph. The Association may rely upon a certifi?~ executed and delivered by the Declarant with respect to the amount required by Declarant maintain the Common Properties hereunder. 5.04 Annual Maintenance Assessments. (a) Commencing with the year beginning January 1, 1999, and each year thereafter, each Member shall pay to the Association an annual maintenance assessment in such amount as set by the Board of Directors, at its annual meeting. (b) Subject to the provisions of ~ hereof, the rate of annual maintenance assessments may be increased by the Board. The Board may, after consideration of current maintenance, operational and other costs and the future needs of the Association, fix the annual maintenance assessments for any year at a lesser amount than that of the previous year. (c) An increase in the rate of the annual maintenance assessments as authorized by ~ hereof in excess of twenty-five percent (25 %) of the preceding year's annual maintenance assessments must be approved by the Members in accordance with ~ hereof. (d) When the annual maintenance assessment is computed for Lots, all or a portion of such annual maintenance assessment shall be payable to the Association by the Member according to the status of the Lot owned by such Member as follows: (i) As to a Lot owned by a Class A Member, the full annual maintenance assessment shall be payable. (ii) As to a Lot owned by a Class B Member, one- quarter (1/4) of the annual maintenance assessment shall be payable. Notwithstanding the foregoing for a period of three (3) y .ea~s. after the date hereof or until there is no longer any Class B membership, .wtfi'chevcr occurs first, at Declarant's option, Declarant shall not be required to pay any Assessments with respect to. any LOt owned by Declarant which has not been improved with a completed dwelling structure thereon; provided, however, that in the event Declarant elects not to pay any such Assessments during such period for so long as Declarant is the Owner of any Lot, Declarant shall subsidize the Association to the extent necessary to cover all net operating losses incurred by the Association in the operation or maintenance of the Common Properties, but Declarant shall not be required to subsidize the Association in an amount in excess of the Assessments which Declarant would otherwise have been required to pay hereunder. If Declarant subsidizes the Association and the Association thereafter accumulates a surplus or positive account balance, the Association shall reimburse the Declarant for the amount of such subsidies to the extent of the surplus or positive account balance. If Declarant subsidizes the Association in an amount in excess of the Assessments which Declarant would otherwise have been required to pay pursuant to this Declaration, all of such excess amounts shall constitute lo~ns from Declarant to the Association which shall be payable by the Association to Declarant on demand. After the expiration of such period, Declarant shall be required to pay Assessments in accordance with the provisions hereof, but Declarant shall not be required to subsidize the Association in an amount in excess Of the Assessments which Declarant would otherwise have been requi~d to pay hereunder. (e) Notwithstanding anything herein contained to the contrary, prior to January 1, 1999, the maximum annual maintenance assessment chargeable against any Lot for which a full assessment is payable shall not exceed $ per month. (f) The Board of Directors may provide that annu~_, maintenan.? assessments shall be paid monthly, quarter-annually, semi-annually or annuauy on a calendar year basis. Not later than thirty (30) days prior to the beginning of each fiscal year of the Association, the Board shall (i) estimate the total common expenses to be incurred by the Association for the forthcoming fiscal Declaration, the amount ot~ me annum maintenance assessments m ~x~ pmu t~y mc Member, and ('fii) establish the date of commencement of the annual maintenance assessments. Written notice of the annual maintenance assessments to be paid by each Member and the date of commencement thereof shall be sent to every Member, but only to one (1) joint Owner. Each .M. embe, r shall thereafter pay to the Association his annual maintenance assessment m sucn manner as determined by the Board of Directors. (g) The annual maintenance assessments shall include reasonable amounts, as determined by the Members or by the Board, collected as reserves for the future periodic maintenance, repair and/or replacement of all or a portion of the Common Properties and/or for fulfillment of future obligations of the Association. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not commingled with any other funds of the Association. Assessments collected as reserves shall not be considered to be advance payments of regular annual maintenance assessments. 5.05 Spechd C~pital Assessments ,nd Spechd Individual Assessments. (a) In addition to the annual maintenance assessments authorized in ~.~ hereof, the Board of Directors of the Association may levy in any calendar assessment year a spec~_'al capi~ assessm, ent..for the pu.rpo~, of (i) defraying, in whole or in part, the cost ot any cons~cuon or reconstrucuon, repair or replacement of improvements upon the Properties or Common (ii) maintaining portions ot me c;omm_on t'rope~ ana ~mp.r.ov.em. ema m~.~i or (iii) carrying out other purposes og the Assooauon; prowaen, however, m ~ any sUCho~al capital assessme~.t levi~...b~y ~e A.ss~i,ation approval the Members in accoroance w~tn capital assessment levied by the Association shall be prod by the Members dtrectly to the Association on such date or dates as determined by the Board of Directors. All such amounts collected by the Association may only be used for the purposes set forth in this ~. (b) The Board of Directors of the Association may levy special individual capital assessments against one or more Owners for (i) reimbursement to the Association of the costs for repairs to the Properties or Common Properties and improvements thereto occasioned by the willful or negligent acts of such Owner or Owners and not ordinary wear and tear; or (ii) for payment of frees, penalties or other charges imposed against an Owner or Owners relative to such Owner's failure to comply with the terms and provisions of this Declaration, the Bylaws of the Association or any roles or regulation promulgated hereunder. Any special individual assessment levied by the Association shall be paid by the Owner or Owners directly to the Association. All amounts collected by the Association as special-individual assessments under this Section 5.05 shall belong to and remain with the Association. 5.06 Uniform Rate of Annual Maintenance Assessments and Special Capital Assessments. Both annual maintenance assessments and special capital assessments (excepting therefrom special individual capital assessments) must be f'Lxed at a uniform rate for all Lots, and be payable as set forth hereto. 5.07 Date of Commencement of Assessments; Due Dates; No Offsets. The annual maintenance assessments provided for herein shall commence on the date f'LXed by the Board of Directors to be the date of commencement and, except as hereinafter provided, shall be payable monthly, quarter-annually, semi-annually or annually, in advance, on the first day of each payment period thereafter, as the case may be and as the Board of Directors shall direct. The first annual maintenance assessment shall be made for the balance of the calendar year in which it is levied. The amount of the annual maintenance assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual maintenance assessment provided for in ~ hereof as the remaining number of months in that year bears to twelve; provided, however, that if the date of commencement fails on other than the first day of a month, the annual maintenance assessment for such month shah be prorated by the number of days remaining in the month. The due date or dates, if to be paid in installments, of any special capital assessment or special individual assessment under ~ hereof shah be fixed in the respective resolution authorizing such assessment. AH Assessments shah be payable in the amount specified, by the Association and no offsets against such amount shall be permitted for any reason. 5.08 Duties of the Board of Directors with Respect to Assessments. (a) The Board of Directors shah fix the date of commencement and the amount of the annual maintenance assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shah be open to inspection by any Owner, at such Owner's sole cost and expense. (b) Written notice of all assessments shall be delivered or mailed to every Owner at the address of the Lot owned by such Owner unless an alternate address is provided to the Association in writing specifically directing .the Association where such notices are to be delivered. Each Owner is also required to provide the Association with the name of any tenant residing in the residence situated on the Lot owned by such Owner. (c) The omission of the Board of Directors to fix the assessments within the time period set forth above for any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but .the_asse. s. sment fixed for the preceding year shall continue until a new assessment is l~xeo. ~.09 Non-Payment of Assessment. (a) ~. Any Assessment, or installment thereof, which is not paid in full when due shall be delinquent on the day following the due date (herein, 'delinquency date') as specified in the notice of such Assessment. The Association shall have the right to reject partial payment of an Assessment and demand full payment thereof. If any Assessment or part thereof is not paid within ten (10) days after the delinquency date, the unpaid amount of such Assessment 'shall bear interest from and after the delinquency date until paid at a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum lawful rate. In addition to the foregoing, if any Assessment remains unpaid at the expiration of fifteen (15) days after the due date .establish. ed... by the Board, a late charge in the amount of $15.00 shall be assessed against me non- paying Owner for each month that any portion of any Assessment remains un.paid.. A service charge in the amount of $25.00 shall be charged for each check that is returned because of insufficient funds. The amounts of late charges and services charges may be adjusted, from time to time, by the Board consistent with any changes in the amounts of regular or special Assessments. (h) Lien. The unpaid amount of any Assessment not paid by the delinquency date is and shall be, together with the interest thereon as provided in ~ hereof and the cost of collection thereof, including reasonable attorneys' fees, a continuing debt, secured by, and there is hereby impressed upon and created against each Lot, a lien and charge on the Lot of the non-paying Owner, which shall bind such Lot in the hands of the Owner, and his heirs, executors, administrators, devisees, personal representatives, successors and assigns. The lien shall be superior to all other liens and charges against the Lot, except only for tax liens and the lien of any bona fide first mortgage or lb'st deed of trust now or hereafter placed upon such Lot. A subsequent sale or assignment of the Lot shall not relieve the Owner from liability for any Assessment made prior to the date of sale or assignment and thereafter becoming due nor from the lien of any such Assessment. The Board shall have the power to subordinate the lien securing the payment of any Assessment rendered by the Association to any other lien. Such power shall be entirely discretionary.with ~e...B?r.d.. As. hereinbefore stated, the personal obligation of the Owner mcurren at me ume oz such Assessment to pay such Assessment shall remain the personal obligation of such Owner and shall not pass to such Owner's successors in title unless exuresslvassumed by them in willing. Liens for unpaid Assessments shall not be'aff~d by any sale or assignment of a Lot and shall .continue in full force, and effect. No Owner may exempt himself from liability l~or s.uch Assessments .or waive or otherwise escape liability for the Assessments by non-use o~ me Common Properties or abandonment of his Lot. To evidence any lien, the Association shall prepare a written notice of lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by such lien. Such notice shall be executed by one of the officers of the Association and shall be recorded in the Office of the County Clerk of Dallas County, Texas. (c) Remedies. The lien securing the payment of the Assessments shall attach to the Lot belonging to such non-paying Owner upon recordation of this Declaration with the priority set forth in this Section. Subsequent to the recording of a notice of the lien, the Association may institute an action at law against the Owner or Owners personally obligated to pay the Assessment and/or for the foreclosure of the aforesaid lien. In any foreclosure proceeding the Owner shall be required to pay the costs, expenses and reasonable attorneys' fees incurred by the Association. In the event an action at law is instituted against the Owner or Owners personally obligated to pay the Assessment there shall be added to the amount of any such Assessment: (i) the interest provided in this Section, (ii) the costs of preparing and filing the complaint in such action, (iii) the reasonable attorneys' fees incurred in connection with such action, and (iv) any other costs of collection; and in the event a judgment is obtained, such judgment shall include interest on the Assessment as provided in this Section and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action. Each Owner, by acceptance of a deed to a Lot, hereby expressly vests in the Association or its agents or trustees the right and power to bring all actions against such Owner personally for the cOllection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non-judicial foreclosure pursuant to Section 151.002 of the Texas Property Code, and such Owner hereby expressly grants to the Association the private power of sale in connection with said liens. The Association may also suspend the Association membership and voting rights of any Owner. who i.s in default in payment of any Assessment in accordance with this Declaration anotor the Bylaws until paid in full. - 14 - (d) Notice to Mortgagees. The Association may, and upon the written request of any mortgagee holding a prior lien on any part of the Properties, shall report to said mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the delinquency date of such Assessment. 5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter recorded against any Lot; provided, however, that such subordination shall apply only to the Assessments which have .b~come due ~ pa.y..ab, le pri~or to a sale, whether public orprivate, of such property purs..uant ~ the terrors ano c~.nmu, on.s .or. any such mortgage or deed of trust. Such sale shah not relieve the new cromer or such LOt ri'om liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent assessment. 5.11 Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created in ~ and ~ hereof: (a) AH properties dedicated and accepted by the local public authority and devoted to public use. (b) AH Common Properties. 5.12 Estoppel Information from Board with Respect to Assessments. The Board shall upon demand at any time furnish to any Owner liable for an Assessment,. a certificate signed by an officer or agent of the Association, setting forth whether said Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Board of Directors of the Association or its agent for the issuance of such certificates. ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 6.01 Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors. From and after the effective date of the Association's incorporation, Declarant shah ~Aect and appoint the Board of Directors, each of whom shah be a Class A or Class B Member, or an officer, employee, representative or agent of a Class A or Class B Member. Thereafter, the Board of Directors shah be selected in accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the funds(s) collected by the Association pursuant to Article V above, the following: 1~ (a) Cate and pre~rvation of the Common Properties and the furnishing and upkeep of any desired per~m~ property for use in the Common Properties. Expenditures for the repair or installation of capital improvements, not included in the annual maintenance budget, may be paid from the reserve fund as specifically p~ovided in ~ herein. (b) Care and maintenance of the fencing, irrigation, landscaping, lakes, screening walls and entry features which may be constructed on and constitute a part of the Common Properties. Maintenance includes all repair, rebuilding or cleaning deemed necessary by .the Board of Directors. (c) Should the Board so elect, maintenance of exterior grounds, drives, parkways, private streets and acce.~ area~, including care of trees, shrubs and grass, the exact scope of which shall be furthe~ specified by the Board from time to time. In particular, the Board shall be empowered to contract with persons or entities who shall be responsible for the maintenance of landscaping, trees, shrubs, grass and like improvements which are located on the Common Properties and/or the Lots, except for landscaping and other like improvements which are located within rear yards or side yards enclosed by solid fence, which shall be maintained by the individual Lot Owner. Maintenance services contracted for by the Board in accordance with this paragraph shall be paid for out of Association funds. (d) The services of a person or firm to manage and/or provide consultation to the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be nece~_~ty or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager. (e) Legal and accounting services. (f) A policy or policies of insurance ensuring the Association, its officers and directors against any liability to the public or to the Owners (and/or their invitees or tenants) incideat to the operation of the Association, including, without limitation, officers' and directors' liability insurance. (g) Workers' compensation insurance to the extent necessary to comply with any applicable laws. (h) Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be advisable. (i) Any other malerials, supplies, insurance or property owned by the Association, furniture, labor, services, n~inte~ance, repairs, alterations, taxes or assessment~ which the Board is required to obtain or I~Y for pursuant to the terms of this Declaration or by law or which in its opinion shall be neces~ or proper for the operation or protection of the Association or for the enforcement of this Declaration. - 16- (j) To execute all declarations of ownership for tax assessment purposes and to pay all taxes with regard to the Common Properties. (k) To enter into agreements or contracts with insurance companies, taxing authorities and the holders of mortgage liens on one or more Lots with respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the Common Properties, as they relate to the assessment, collection and disbursement process envisioned in this Declaration. (1) To borrow funds to pay costs of operation, secured by assignment or pledge of tights against delinquent Owners, if the Board sees fit. (m) To enter into contracts, maintain one or more bank accounts, and' generally, to have all the powers necessary or incidental to the operation and management of the Association and the Common Properties, expressly including the power to enter into management and maintenance contracts. (n) If, as, and when the Board, in its sole discretion, deems necessary it may take action to protect or defend the Common Properties from loss or damage b}~ suit or otherwise, to sue or defend in any court of law on behalf of the Association and to provide adequate reserves for repairs and replacements. (o) To make reasonable rules and regulations for the operation and use of the Common Properties and to amend them from time to time, provided that any rule or regulation ~ay be amended or ...r..epealed by. an in.strume..nt ~. w. riltin~i signed by a majority of the Members, or, wire respect to a rule appllcame to than all of the Properties, by a majority of the Members in the portions affected. (p) Subsequent to incorporation, to make available to each Owner, within one hundred twenty (120) days after the end of each year, an unaudited annual report. (q) Pursuant to ~ herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or rc"place lost property, to assess the Members in proportionate amounts to cover the deficiency. (r) If, as and when the Board, in its sole discretion, deems necessary, it may take action to enforce the provisions of this Declaration, the provisions of any Supplementary Declaration and any rules made hereunder and to enjoin and/or seek damages from any Owner for violation of such provisions or rules. 6.02 Bosrd Powers. From and after the date on which the title to the Common Properties has been conveyed to the Association, the Board shall have the right to contract for all goods, services and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. 6.1}3 Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authorit~ to contract with any Owner or any third party for th~ pe~orman,.ce by the~ Association of servtces upon such terms and conditions and for such consideration as me may deem proper, advisable and in the best interest of the Association. 6.04 Linbility limitations. No Member, officer of the Association or member of the Board of Directors shah be personally liable for debts contracted for, or otherwise incurred by the Association, or for a tort of another Member, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, its directors, officers, agents, or employ .ees s.~ be liable.for any 'm. cid~tal o.r con..sequ,~ damages for failure to inspect any prenuses, ~mprovements or poruon mereox or mr iauur~ to repair or maintain the same. The Common Properties may be subject to storm water overflow, natural bank erosion and other natural or man-made events or occurrences to extents which cannot be defined or controlled. Under no circumstances shall Declarant ever be held liable for any damages or injuries of any kind or character or nature whatsoever resulting from: (i) the occurrence of any natural phenomena; (ii) the failure or defect of any structure or structures situated on or within the Common Properties; and (iii) any act, conduct, omission or behavior of any individual, group of individuals, entity or enterprise occurring on, within or related to the Common Properties. 6.05 Reserve Funds. The Board may establish capital reserve funds, for such purposes as may be determined by the Board, including, but not limited to the maintenance, repair and/or replacement of capital assets, which funds may be maintained and accounted for sepal, tely from other funds maintained for annual operating expenses and may establish separa~, Lrmvocable trust accounts in order to better demonstrate that the amounts deposited thereto are capital contributions and are not net income to the Association. Expenditures from any such fund will be made at the direction of the Board. The reserve fund provided for herein shall be used for the general purposes of prom?ting the.mc_re.a_, fion: h,.ea.l. ~, safe~, w.el.f_.a~e_.,__co.~m_m_o..n,.~e.:fi~t~ and enjoyment of the Owners and occupants oS me Sul}OlVlSlOn, an(l mammmmg me ~u~,,,~,~, and improvements therein, aH as may be more specifically authorized from time to time by the Board of Directors. Capital expenditures from this fund may include by way of example, but not be limited to, lake and drainage channel improvements or other repair of major damage to the Common Properties not covered by insurance. 6.06 Rights of City of Copl~eil. In the event the Declarant, the Association or the Board of Directors of the Association fail or refuse to maintain the Common Properties in accordance with specifications established by the City of Coppell (the "City_") within ninety (90) days after the Association receives written request from the City to do so, the City, by and through a majority of its City Council members, shall have the same right, power and authority as is herein given to the Association and its Board of Directors to enforce these Covenants and Restrictions and levy assessments necessary to maintain the Common Properties. It is understood that in such event, the City, through its City Council, may elect to exercise the rights and powers of the Association or its Board of Directors to the extent necessary to take any action required and levy any assessment that the Association might have the authority to levy, either in the name of the Association or otherwise, to cover the cost of maintaining the Common ARTICLE VII INSURANCE; BEPAIR AND RESTORATION 7.01 Right to Purdmse Insurance. The Association shall have the right and option Properties, the improvements, mereon ana appur?~.~ me .r~o, ~.or mc m.~,~o_,_~_~_~_~_~_~ __ and of aH Members thereof, tn such amounts ano Mm SUCh enaorsements ano coverage be considered good sound insurance coverage for p.rol~e. ~es. si.milar~'tn C~. st~..c~.on: location and use to the subject property. Such insurance may mclune, out neeo not ~e lmuu~o to: (a) Insurance against loss or damage by fire and h~,~rds covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs as determined annually by the insurance carrier. (b) Public liability and property damage insurance on a broad form basis. (c) Fidelity bond for all directors, officers and employees of the Association having control over the receipt or the disbursement of funds in such penal sums as shall be determined by the Association in accordance with its Bylaws. (d) Officers and directors liability insurance. 7.02 Insuranee Proceeds. Proceeds of insurance shaH be disbursed by the insurance carder to the Association or contractors designated by the Association as the Board of Directors may direct. The Association shall use the net insurance proceeds to repair and replace any from the proceeds of insurance paid to me ASSOClaHon, as requlreo m mis tuuvw, after satisfactory completion of repair and replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties. 7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repah' or of this Declarat/on to cover me uena.e~.cy, it me m. su_rsnce, p. wcccu~ shall, as such Owner s undlv~oen responstomty, pay any excess cos~s m rcl~m ~c~, · 7.04 Mort~g~ Protection. There may be attached to aH policies of insurance against loss or damage by fire and other hazards, a mortgagee's or lender's loss payable clause; provided, however, that amounts payable under such clause to the mortgagee may be paid to the Association to hold for the payment of costs of repair or replacement, subject to the provisions ~ hereof. The Association shall be responsible to hold said monies or to collect replacements and shall ensure that all mechamcs, matenmmen s ano s~muar which may result from said repairs or replacements arc satisfied. 7.05 Destruction of Improvements on Individual Lots. In the event of destruction (total or partial) to the improvements on any individual Lot due to fire or any other cause each Owner covenants ~ind agrees to clear and remove any and ail debris resulting from such dama~, e within two (2) months after the date that the damage occurs and to complete all necessary repatrs or reconstruction of the damaged improvements within one (1) year after the date that the ARTICLE VlH USE OF COMMON FROPERTIES The Common Properties may be occupied and used as follows: 8.01 Restricted Actions by Owners. No Owner shall permit anything to be done on or in the Common Prope~es which wo_u. ld violate ~y applicable pubic law or_zo, ni~e~d~m,.an~c~ or which will result in the cancellation ot or increase ot any insurance cam y Association. No waste shall be committed in or on the Common Properties. 8.02 Dnmage to the Common Properties. Each Owner shall be liable to the Association for any damage to the C0_m,m,on .Pr. operti~ eau.seal, by He ne. glviigt~sce or willful , misconduct of the Owner or such Owner s tamuy, guests, pets, tenants or m . 8.03 Rules of the Bonrd. All Owners and occupants shall abide by any_rules ~,d regulations adopted by the Board. The Board ~.~ ~ve.the l~..w.e.r to ento. r. ce com.puance,.,_W?- said rules and regulations by all appropriate legat ano eqmtanie rememes, ano an c~vncr determined by judicial action to.have viola.ted, said rules .angled regulations shall be liable to the Association for all damages and costs, inciuoing reasonan e attorney's fees, incurred by the Association in connection therewith. ARTICLE IX USE OF PROPERTIES AND LOTS; PROTECTIVE COVF.,N~ The Properties and each Lot situated thereon shall be constructed, developed, reconsb-ucted, repaired, occupied and used as follows: 9.01 Custom Homes. Only custom designated single family residential dwellings that are compatible with existing homes will be constructed on the Lots. 9.02 Residential Purposes. Each LOt (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shah use or occupy such Owner's LOt, or permit the same or any part thereof to be used or occupied, for any purpose other than as a ~.rivate si~_gle ..f~nily det~c, bed .residence for the Owner or such Owner's tenant and their families and domesnc servants employea on the premises. As used herein the term "single family residential purposes' shall be deemed to prohibit specifically, but without limitation, the use of any Lot for a duplex apartment, garage apartment, or other apartment use. 9.03 Lot Aren. No Lot shall be resubdivided; provided, however, that Declarant shah have and reserves the right, at any time, or from time to time, upon the joinder and consent of the appropriate county and/or municipal authorities, and with the joinder and consent of ~e directly affected Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration of any Lots then owned by Declarant, so long as, such replat results in each re, subdivided Lot containing not less than the minimum lot size prescribed by the zoning ordinances of the City of CoppeR, Texas. Owners shall not unreasonably withhold or delay their joinder in or consent to the replat or amendments to the Plat. The privilege to replat LOts owned by the Declarant reserved in this ~.]iS~J_,9_~ shall be exercisable only by Declarant. 9.04 Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, or breezeways attached to the main dweiling. Each dwelling constructed on any Lot in the subdivision shall contain a minimum of three thousand five hundred (3,500) square feet, of which not less than two thousand five hundred (2,500) square feet shall be covered ground floor area. .0s com m Lo. . An . or consolidate such LOts into a single building i .o?uo.n ~. me.pu.rp?se this Declaration) and such other ~mprovements as such consolidation must comply with the rules, ordinances ano reguiauons o~ any governmen,~, authority having jurisdiction over the Properties. In the event of any such consolidation, the consolidated LOts shall be deemed to be a single Lot for purposes of applying the provisions of this Declaration; provided, however, such Owner shall continue to pay assessments on such LOts as if such LOts had not been consolidated and shall be entitled to one vote for each LOt (determined prior to such consolidation) owned by such Owner. Any such consolidation shall give consideration to easements as shown and provided for on the Plat and any required abandonment or relocation of any such easements shall require the prior written approval of Declarant as well as the prior wri~n approval of any utility .co .m .p.p.p.p~.y.h..aving..th.e righ.t ~..the use of such easements. Combining of portions of Lots into a stogie uuuomg sure ~s prommu:o. 9.06 Setback Requirements and Buildin{ Lo~tion. All front, side and rear setbacks must be approved by the Architectural Co.n .t~ol_C.o. mmi~tte~., a~..d mu.?!, meet .the .r~l, uirements _o,_f the City of Coppell and the requirements of me t'iat. -lne ~ocauon m me mare resmence on each Lot and the facing of the main elevation with respect to the street shall be subject to the written approval of the Architectural Control Committee. No building or structure of any type shall be erected on any Lot nearer to the property lines indicated by the minimum building setback line on the Plat. 9.07 Height. No building or structure on any Lot shall contain more than three (3) stories or exceed, in.height, the maximum height allowed by the City of Coppell, such height to be measured and determined in accordance with the method approved by the City of Coppell. 9.0a ach Cot must to th. o.ining s .t e.t ?y by the Architectural Control I~omnuttee oelore t~e resluenum su-uctmc be occupied or used. 9.09 Parkln{. On-street parking is restricted to approved deliveries, pick-up or short- time (not more than 48-hours) guests and invitees and shall be subject to such reasonable rules and regul, a~ons as shall be adopted by the Board of Directors. Parking in drivewa..y.s is permitted, provided, however, no inoperable vehicles, no stored vehicles, or vehicles not uriC, zed on a daily basis shall be permitted to be parked or stored in driveways. 21 I~U~ILlm~ORDAIq~mWn~SOit .CCR 9.10 Access. No driveways or roadways may be constructed on. any.Lot to pro~d.e access to any adjoining Lot except ns expre~..ly provided on the Pht, or omerw~se approveo m writing by the Architectural Control Comnuttee. 9.11 Drainage. Neither the Declarant nor its successors or assigns shall be liable for any loss of, use of, or damage done to, any shrubbery, trees, flowers, improvements, fences, walks, sidewalks, driveways, or buildings of any type or.~e .c?tents..there~.f o.n any .Lot .cau. sed by any water levels, rising ~, or drainage waters. Ar, re' me re~oence to oe consu'uctm on a Lot has been substantially completed, the Lot will be graded so th.at surf.a.ce water will generally flow to streets, alleys, drainage easements, or Common Properties, ana m conformity with the general drainage plans for the subdivision. 9.12 Utilities. Each residence situated on a LOt shall be connected to the water and sewer lines as soon as practicable after same are available at the LOt line. No privy, cesspool, or septic tank shall be placed or maintained upon or in any LOt. However, portable toilets will be required during building consmiclion. The installation and use of any propane, butane, LP Oas or other gas tank, bottle or cylinder of an.y type (except portable gas grills), shall require the prior written approval of the Architectural Control Committee, and, if so approved, the Architectural Control Committee may require that such tank, bottle or cylinder be installed underground. Any control boxes, valves, connections, utility risers or refilling or refueling devices shall be completely landscaped with shrubbery so as to obscure their visibility from the streets within or adjoining the Properties or from any other Lot. 9.13 Construction Requirements. (a) The exterior surface of ail residential dwellings shall be constructed of glass, wood, brick, stone, stucco, or other materials approved by the Architectural Control Committee. It is specifically required that the exterior wall area of each residence located within the Properties shall not have less than eighty percent (80%) brick, stone or stucco construction. The exterior portion of any chimney shall be one hundred percent (100%) brick, stone or stucco construction. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, stone or stucco wall area of a residence. No previously used materials, other than fired antique brick, shall be permitted on the exterior of the residential structures located within the Properties, without the prior written approval of the Architectural Control Committee. The use of various roofing materials within the subdivision shall be permitted, however, no roofing material shall be used without first obtaining the Architectural Control Committee's written approval of same. The Architectural Control Committee will only approve roofing materials which are of a quality consistent with the external design, color and appearance of other improvements within the subdivision. The roof pitch of any structure shall be 8' x 12" minimum. Any deviation of roof pitch must be approved in writing by the Architectural Control Committee. Exterior paint and stain colors shall be subject to the written approval of the Architectural Control Committee. - 22 - (b) Construction of a new single family dwelling on any Lot shall include the placement of a four (4) foot wide concrete sidewalk across the entire then existing ordinances, sumoaras ano cooes pwmmgaten oy me ~..lty ot ~uFln~ · (c) Each residential structure shall have installed on the outside wall thereof a service riser conduit, the location and length of such conduit to be subject to the written approval of the Architectural Control Committee; provided, however, no such conduit shall be visible from public streets, Common Properties or adjoining Lots. (d) No above ground-level swimming _p~ols. s. hall b? installed.on.any Lot. This provision is not intended to prohibit intlatal~le pools, no greater man twenty-four inches (24') in depth, typically used by toddlers. (e) All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any LOt and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work, all interior walls, ceilings, and doors shall be completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, car~t, tile or other similar floor covering) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the term 'commencement of construction' shall be deemed to mean the date on which the foundation forms are set. (f) No projections of any type shall .be placed or. permitted to _re_m_a~_- above the roof of any residential building with the exception ot one or mor~ chimneys and one or more vent stacks without the written permission of the Architectural~ Control Committee. 9.14 Garages and Servants Quarters. Each residential dwelling erected on any Lot shall provide garage .s~ce.f. or a minimum of two (2) conventional automobiles. All garage doors shall be equipped wtth an automatic and remote controlled door opener, and shall be closed at all times when not in use...Detached g.arages., ~servan.~ qua?rs, and.st,o~,g,?_ ,_r~o?___~ts' must be approved in writing by the Architectural Control comnuttee, ino carport snaa tm ou , placed, constructed or reconstructed on any LOt. As used herein, the term "carport' shall not be deemed to include a porte cochere. No garage shall .e~..er be ch .a. nged~ altered, reconstructed or otherwise converted for any purpose inconsistent wire me garaging o automobiles, unless a new garage is constructed to meet the requirements of this Section. No garage shall face a residential street or any of the Common Properties nor shall any front entry "swing" garages be allowed without the prior written approval of the Architectural Control Committee. Porte cocheres must be approved in writing by the Architectural Control Committee. 9,15 Landscaping and Sprinkler System. Any and all plans for the landscaping of front yards and of side yards not enclosed by solid fencing, including alterations, changes or additions thereto, shall be subject to the written approval of the Architectural Control Committee. Each Lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards and all side yards not enclosed by solid fencing. Weather permitting, each Lot shall be - 23 fully landscaped within one hundred twenty (120) days after the date the residence thereon is occupied. Each Lot Owner shall be responsible for maintaining his own lawn and landscaping in a healthy and attractive condition. 9.16 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the Architectural Control Committee and the design of and materials used in the construction of fences shall be subject to the prior written approval of the Architectural Control Committee. The Architectural Control Committee will strive to protect and preserve lake and other natural views of the Owners. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line indicated on the Plat, unless otherwise permitted by the Architectural Control Committee and in accordance with the requirements of the City of Coppell. AH wooden fences shall: (i) be board on board of spruce or better wood materials (except structural components); (ii) have a minimum height of six (6) feet and a maximum of eight (8) feet; (iii) have slats measuring between four (4) and six (6) inches wide; (iv) have vertically installed slats; and (v) be stained with a clear or neutral stain or sealer, that does not conffict with the cosmetic surroundings. All fences shall be restained as necessary but in no event less often than once every three (3) years. No fence, wall or hedge shall exceed eight (8) feet in height unless otherwise specifically approved by the Architectural Con_trol Committee. No chain ~ fence or other wire type. fen. ce shall be erected on_any Lot except for tempo.ra~..ch~ain ~ fe~c. rog. install.ed al..o, ng .the. pe.n. me~er. of the subdivision for interim security. Chain un~: tencmg on tenms courts wm omy oe auowea with the express written approval of the Architectural Control Committee. All service and sanitation facilities, clothes lines, wood piles, tool sheds and air conditioning equipment must be enclosed within fences, walls and/or landscaping so as not to be visible from the adjoining Lots and residential streets. Upon submission of a written request, the Architectural Control Committee may, from time to time, at its sole discretion, permit Owners to construct fences or walls which are in variance with the provisions of this paragraph where, in the opinion of the Architectural Control Committee, the fence or wall is an integral part of the home. 9.17 Trash Receptacles and Collection. Each Lot Owner shall make or cause to be made appropriate arrangements with the City of Coppell, Texas, for collection and removal of garbage and trash on a regular basis. If the Owner failx to make such provisions, the Association may do so and assess the costs thereof to the Owner. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City of Coppell, Texas, and/or the Association, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a well maintained, healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, rubbish, debris, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of metal, plastic or masonry materials, with tightly-fitting lids, or other containers approved by the City of Coppell, Texas, and which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his Lot only on those days designated by the City of Coppell, Texas, as trash collection days; provided, however, such trazh must be kept neatly comained in a sanitary, tightly-sealed metal, plastic or other container. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long az the construction progre,~es without unreasonable delay, until completion of the improvements, af~ which the materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. 9.111 Exterior I,ightln_o. No exterior light, including landscape lighting, shall be installed or maintained on any Lot without the prior written approval of the Architectural Control Committee. Further, and notwithstanding such prior written approval, upon being given notice by the Architectural Control Committee that any exterior lig.ht, is objectionable, the Owner of the Lot on which same is located will immediately remove smo light or shield the same in such a way that it is no longer objectionable. 9.19 Window Coolers. No window or wall type air-conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential building on any part of the Properties. 9.20 Antennas Restrictions, Satellite Dishes and Playground Structures. No radio or television aerial wires or antennas shall be maintained on the outside of any building nor shall any free standing antennas of any s~le be permitted. All radio or television aerial wires or antennas must be built within the main structure and must not be visible from outside of such structure. The location of all satellite dishes shall be subject to the prior written approval of the Architectural Control Committee. No satellite dish or playground structure shall be visible from public streets, Common Properties or adjoining Lots. 9.21 Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, or barn shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage, shed or other structure appurtenant thereto shall be moved upon any Lot from another location, except for a sale, pre-sale or construction trailer; provided, however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain such facilities in and upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements on the Properties. Such facilities may include, but not necessarily be limited to, a temporary office building, storage area, signs, portable toilet facilities and sales office. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with the construction and sales operations on the Properties, but in no event shall a builder have such right for a period in excess of one (1) year after the date of substantial completion of his last residence on the Properties. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper, recreational vehicle, or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed or parked within the garage of the appropriate Owner or concealed from view from adjoining Lots, Common Properties, or public streets, unless approved in writing by the Architectural Control Committee. 9.22 Signs. No signs, flags or flag poles shall be displayed to the public view on any Lot without the prior written approval of the Architectural Control Committee, with the following 'exceptions: (i) Declarant may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the Lots; (ii) the patriotic display of flags not exceeding 4' x 6' in size shall be permitted on customary holidays; and (iii) signs of customary dimensions (3' x 4' maximum) advertising said property or portions thereof for sale. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with all sign standards of the City of Coppell, Texas, as such standards may be applicable to the Properties. - 25 ~ ~n.~O~At~O~wn, n~o~.ec~ 9.23 Removsfl of Dirt. The digging of dirt or the removal of any dir~ from any Lot is prohibited, except as necessary in conjunction with landscaping or construction of improvements thereon. Minimum finished floor elevations, if any, established on the Plat shall 9.24 Drilling and Minin_~ Operations. No oil drilling, water drilling or development operations, oil refining,.q .uar.ryin. ' g o.r mini.n._g .ope.ratio. ns of.any .kind ,s _h~_~ _b~._~pe.__r~i_'_t~l_ .~U~l~n in an~( Lot, nor shall oil weus, wa~ .w. eus, .t~n~,.tu~. e~s,_m~, e~ ~xcavau.~,~_~ penmtted upon or in any Lot. No demck or omer structure designed tor use m ~ormg natural gas or water shall be erected, maintained or permitted upon any Lot. 9.25 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon .which is .or may beck..me, an annoyance or nuisance to the other Owners. No animals, livestocg or poultry ot any reno shall be raised, bred or kept on any residential Lot, except that dogs, cats or other household pets [not to exceed three (3) adult animals] may be kept, provided that they are not kept, bred or maintained for commercial purposes. 9.26 Swimming and lr~shing. No wading, swimming, boating or fishing shall be allowed in any !_~ke, waterway or drainage way situated within the Common Properties. 9.27 Duty of Maintenance. (a) Owners and occupants (including les.se s. ) any t.s aU, join and severally, have the duty and responsibility, at meir so~e cost ano expense, keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage easements or other rights-of-way incident thereto, and vacant land, in a well-maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following: (i) Prompt removal of all litter, trash, refuse and waste; (il) Lawn mowing and edging of all curbs and edgeways on a regular basis; ('fii) Tree and shrub pruning; (iv) Watering landscaped areas in a regular manner so as to maintain harmony with the overall standards of the subdivision; (v) Keeping exterior lighting and maintenance facilities in working order; and attractive; Keeping lawn and garden areas alive, free of weeds, Keeping parking areas, driveways and curbs in good 26 - (viii) Complying with all government health and police requirements; (ix) Repair of exterior damages to improvements; (x) Cleaning of landscaped areas lying between street curbs and Lot lines, unless such streets or landscaped areas are expressly designated ~ be Common Properties maintained by applicable governmental authorities or the Association; and (xi) Repainfing of improvements. Co) If, in the opinion of the Association, any such Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association may give such person written notice of such failure and such person must within ten (10) days after receiving such notice, perform the repairs and maintenance or make arrangements with the Association for ma_idng the repairs and maintenance required. Should any such person fail to fulfill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such repair and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. (c) Notwithstanding the provisions of ~ above, if, at any time, an Owner shall fail to control weeds, grass and/or other unsightly growth, the Association shall have the authority and right to go onto the Lot of such Owner for the purpose of mowing and cleaning said Lot and shall have the authority and fight to assess and collect from the Owner of said Lot a sum up to twice the cost of the Association for mowing or cleaning said LOt on each respective occasion of such mowing or cleaning. If, at any time, weeds or other unsightly growth on the LOt exceed six inches (6") in height, the Association shall have the right and authority to mow and clean the LOt, as aforesaid. (d) The Owners and _occupants (including. l.es.see, s. ) of a~. y..L~.t .on..whic~dh work is performed pursuant to ~ ana ~ anove snau, jomuy ga. severally, be liable for the cost of such work [such costs constituting a speom individual assessment as specified in ~f~i.~O_.5..~lfl~ hereof] and shall promptly reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association within thirty (30) days after receipt of a statement for such work from the Association, then said indebtedness shall be a debt of all said persons, jointly and-severally, and shall constitute a lien against the Lot on which said work was performed. Such lien shall have the same attributes as the lien for assessments and special assessments set forth in this Declaration, and the Association shah have the identical powers and rights in ah respects, including but not limited to the right of foreclosure. 9.28 Maintenance of Common Properties. The Common Properties (including landscaping comprising portions of the Common Properties) are described, in part, on ~ attached hereto. All landscaping and improvements placed or erected on the Common Properties by Declarant shall be owned and maintained by the Association. - 27- 9,29 Retninln~ Walls, Retaining walls visible from the streets or any portion of the Common Properties, including but not limited to those facing the lake, sh .a~l. be restricted to structurally engineered ~d de~!g.ned w,,~s, m,ade...from na_t~-al ~ or. ~_h,,t .f_a .~=_ ..c~_.n__c[e. ~ masonry units .marc .h}nl~ the ~g .?s. m .mi ~0m.m..on Declarant, the Association and the Arcmtecmrai ~ontrol t;omnuttee ~o promot~ wsum in and around the Common Properties. The responsibility for constructing and maintaining a retaining wall shall be borne by the Owner of the 'high" side Lot, unless the'Owner of the 'low" side Lot elects to construct a residence on his Lot prior to the construction of a residence on the 'high' side Lot and a retaining ~ is required b~y the...A~-chitec~., ral Con ..t[ol Committee or the City of CoppeH in connection with the construction o! the resmence on me 'low' side Lot. 9.30 Mntlboxes. All mailboxes shall be constructed of stone, rock or brick identical to that of the residence and must be consistent in size and shape with existing mailboxes. 9.31 Basketball Goals/Hoops. With the prior written consent of the Architectural Control Committee, basketball goals, hoops, backboards and nets shah be permitted; provided, however, in no event shall such structure be allowed in the area between the front of the dwelling and the street adjacent thereto. ARTICLE X ARCHITECTURAL CONTROL COMMIITEE 10.01 Are. hitecturnl Control Committee. And as long as Declarant holds title to any of the Lots, the Architectural Control Committee, hereinafter called the ~lllllllill~, shall be composed of three (3) or more individuals selected and appointed by the Declarant. At such time as Declarant no longer owns any Lots, the Committee shaH be composed of such individuals selected by a vote of the Board of Directors of the Association. The Committee shall use its best efforts to promote and ensure a high level of quality, harmony and conformity throughout the Properties. The Committee shall function as the representative of the Owners for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential development. A majority of the Committee may d~!gna.? a .re:p..res~..tative ~ .act for it. In the event of the death or resignation of any member ot me ~omnuttee, me remauung members shall have full authority to designate and appoint a successor. Other than as set forth in ~ hereof, no member of the Committee shall be entitled to any compensation for services performed hereunder nor be liable for claims, causes of action or damages (except where occasioned by gross negligen, ce _o.r a~.itrary and.. capri??us cond.uct.), .afi~'sing_o_u_t_o_!~i performed, actions take, or mactions m connecuon w~m ~y u. noe_r~a, ng,. respon, s.~m.~y~ activity hereunder or roe~o uest for action hereunder. At any time, me ~x:~arant may ae~eg~e assign to the Board Directors, all' of the Declarant's power and right to change the membership of the Committee, to witharaw or add powers and duties from or to the Committee, or to restore the powers and duties of the Committee. Such a~tion by the Declarant shall be effective upon recordation of a written instrument properly reflecting same in the Office of the County Clerk of Dallas County, Texas. 10.02 Architecture! Approval. No building, structure, shed, fence, wall, tennis court, or improvement of any kind or nature shall be erected, constructed, plac~l, altered, changed or modified on any Lot until the plot plan showing the location of such building, structure, paving - 28 - or improvement, construction plans and specifications thereof and landscaping and grading plans therefor have been submitted to and approved in writing by the Committee or a representative or agent designated by the Committee to act on behalf of the Committee as to: (i) location with respect to Lot lines; topography; finished grades elevation; height and dimensions of improvements; intended use of the proposed improvements; impact and relationship to neighboring Lots and improvements situated or to be situated thereon; effect of location and use on neighboring Lots and improvements situated thereon; and any drainage arrangement, (ii) conformity and harmony o.f external design, color, texture, type and .ap?ar~..?.. of exterior surfaces and landscaping with existing structures and existing landscaping, tm)quality of workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets; and (iv) the other standards set forth within this Declaration (and any amendments hereto) or as may b? set forth in bull .etins promulgated by the Committee. In connection with the submission of such plot plan, construction plans and specifications, ~d .i~~g..~an~dAgradin.g P!_a~_.S_,_th_e- require that the submitting party pay a tee ot up to.$7.~u..oo per suorms, s~.o. n, w.m? payable to the Committee or, if the Committee edects, to a representauve oes~gnateo oy mc Committee to review such plans and specifications. The Comnuttee ~s authorized to request the submission of samples of proposed construction materials or colors of proposed exterior surfaces. Final plans and specifications shall be submitted in duplicate to the Committee for approval or disapproval. At such time as the plans and specificatiOnSe~t the approval of the Committee, one complete set of plans and specifications will be retain y the Committee and the other complete set of plans will be marked 'Approved' and returned to the Owner. If found not to be in compliance with these Covenants and Restrictions, one set of such plans and specifications shall be returned marked "Disapproved', accompanied by a reasonable statement of items found not to comply with these Covenants and Restrictions. Any modification or change to the approved set of plans and specifications which affects items (i) through (iv) of the preceding paragraph must .again be submitted to the Committee for its inspection and approval. The Committee's approval or disapproval as required herein shall be in writing. If the Committee or its designated representative fails to approve or disapprove such plans and specifications within thirty (30) days nO, er they have been submitted, then Committee approval shall be presumed; provided, however, that nothing in this par~raph shall affect in any way the method for seeking or granting variances, as described in ~ hereof, nor shall any failure of the Committee to act on a variance request within any particular period of time constitute the granting or approval of any such variance request. The Committee is authorized and empowered to consider and re. view an.y..and .~1 aspe~...ts of dwelling construction, construction of other improvements and location, quattty ano quanuty of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owner(s) or the may ,mpose U=ts upo, o, .?? overlook the enclosed patio area ot an aojacent resmenum owr_~,,~, ttt~, _. .............. permitted to consider technological advances in design and materials and such comparable or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Committee. Tne Committee may, from time to _~ne, publish and promulgnte nrchitecturnl stnndnrds buHettns and/or design gnidelines which shall be fair, rensonnble and uniformly - 29- applied and shall carry forward the spirit and intention of this Declaration. Such bulietim and guidelines shall supplement these Covenants and Restrictions and are incorporated herein by reference. The Committee shah have the authority to make final decisions in interpreting the general intent, effect and purpose of these Covenants and Restrictions. PRIOR TO ACQUIRING ANY LOT OR CONSTRU~G ANY STRUCTURE ON A LOT, EACH PROSPECTIVE PURCHASER, TRANS AFAFF~, MORTGAGEE, AND/OR OWNER IS STRONGLY ENCOURAGED TO CONT THE ARC~L CONTROL COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT ARCItlTECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES WHICH WILL CONTROL THE DEVELOPMF2qT, CONSTRUCTION, LANDSCAPE AND USE OF THE LOT AND THE STRUC"FURF-~ TO BE CONSTRUCTED THEREON. THE ARCI-HTECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINF~ MAY CONTAIN STANDARDS, REQ~, OR LIMITATIONS IN ADDITION TO THOSE EXPRESSLY SET FROTH OR REFER~I=.D TO IN THIS DECLARATION AND MORE STRING~ STANDARDS, REQUIREMEN'~, OR LIMITATIONS THAN THE SPECIFIC STANDARDS, REQUIREMENTS OR LIMITATIONS SET FORTH OR REFERRED TO IN THIS DECLARATION. 10.03 Ynrinnces, Upon submission of a written request for same, the Committee may, from time to time, in its sole discretion, permit Owners to construct, erect, or install improvements which are in variance from the architectural, stan.~, d.s, the Co.v.en.an.ts ..an.d Restrictions, or the previously pub_lished..arc.hi _teXtural bu. lletms which ~ pm. vaoeo ,m..t~, s : mtion or which be m ca. : in basic conformity with and shall blend_ .eff~tiveiy..w~m, m..e.ge.n.e?~..arcmtec~mr~__ s~_~_.~_~_ design of the community. No member of we c:omnuttee snau oe uat~le to any t~vner or omer person claiming by, through, or on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting or denial of, or other action or failure to act upon, any variance requested by an Owner or any person acting for or on behalf of any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the commie's risht to ict y encore, the Co e ts, . .esuic ..ons, hi _ published archi.tecta., ?al bulletins prowded he..re~..noer ag._mnst any.o..mer tm, net.. ~a..cn. SUCh .w~..t? request must identify and set forth in detail the specific restriction or stanc~-o trorn wmcn a variance is sought and describe in complete d. eta~l.' the.exact na. ture o.f.~e .v.?i.~ce sou. g. ht._ .An~t. grant of a variance by the C.ommittee .must ~ .m .wntmg .ano m.us.t, ioenu~..m narr. a. uve ?_e~ both the standards from which a variance is oemg sought aaa me specinc variance oe g granted. 10.04 Nonconforming and Unnpproved Improvements. The Association may require any Owner to. restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved improvemen0 if such improvements were commenced or constructed in violation of this Declaration. In addition, the Association may, but has no obligation to do so, cause such restoration, demolition and removal and levy the amount of the cost thereof as a special individual assessment against the Lot upon which such improvements were commenced or constructed. o~,- ,,m,~,.rs directors- members, employees ano agenus o~ an~ .or re.em, snau .oe . u,~- ~- .... ~ ' · · ' ' val or r,o an damages to anyone subnuttmg plans and specifications to any of bern tor appro , _ .y Owner by reason of mistalce m judgment, negligence, or nonfeasance arising out of or m _ai3pr~.ve or disapprove any such plans connection with the apl~ml or disapproval or failure to or specifications. Every person who submits plans or specifications, and every Owner agrees', that he will not bring any action or suit against Declarant, the Association, the Committee, the Board, or the officers, directors, member~, .e .mploy..ees, o.r ag~ts of .any 0~f ~e__m_,_ ~f a~fi~ such damages and hereby releases and qmtc~ms au cimms, aemanas ana caus~ ing out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which provides that a general reiease does not extend to claims, demands and causes of action not known at the time the releas~ is given. Plans and specifications are not approved for engineering or structural design or adequacy of materials, and by approving such plans and specifications neither the Commitice, the members of thc Committee, the D~clarant nor the Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. ARTICLE XI 11.01 In~ress ~nd F4ress by the Association. The Association shall, at ail times, have full fights of ingress and egress over and upon each Lot for the maintenance and repair of each Lot and the Common Prolm'ties in accordance with the provisions hereof, and for thc carrying by the Association of its functions, duties and obligations hereunder; provided, that any such ss ~ tical, and any e causeo vy me ^ssocla.uon s cuuy, o_,,:~, .u,..,, ~.~.i,,~,,.-. ., _prac . _aan~.. · · ' 'n the Owner, shall be repaired by the Assooation at be expense of be ^ssocmuo . 11.02 General. The fights and duties of the Owners with respect to sanitary se~vh~ water, electricity, natural gas, telephone and cable television lines and drainage facilities s be governed by the following: (a) Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities or any p~rtion thereof lie in or upon Lots owned by any party other than the Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shall have the fight and are hereby granted an easement to the full extent necessary therefore, to enter upon the Lots within or upon which said connections, lines or facilities or any portion thereof lie to repair, replace and generally maintain said connections, lines or facilities as and when the same may be necessary. Co) Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or ~.cable ,~.!.evision '.li~.es, or (iii) drainage facilities are installed within the Properties, wmcn connecuons, lines or facilities serve more than one Lot, the Owner of each .Lot .served b.y ~s~d .conne.c...tions,..lin~ or facilities shall be entitled to the full use and enjoyment oI SUCh poruons or sma connections, lines or facilities which service such Owner's LOt. - 31 - ~Um.~.Wo~AS~wa~so*.cc~ 11.03 Reservation of Easements. Easements over the Lots and Common Properties for the installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer lines and drainage facilities are hereby reserved by the Association, together with the right to grant and transfer same. 11.04 Surface ~ of Utility ~ents. Easements for installation and maintenance of utilities are reserved as shown and provided for on Otc Plat. Underground electric, storm sewer, sanitary sewer, water, natural gas and telephone service shall be available to all Lots in the subdivision. Easements for the underground service may be crossed by driveways, walkways, patios, brick walls and fences, provided the Declarant or builder makes prior arrangements with the utility companies fu .r~.shing .el. ec .tri.c., storm sewer, sanita~...sewfr, water~, natural gas and telephone service and provides ana mstaus any necessary conauit ot aPl~.roveo type and size under such driveways, wa_lkways, patios, brick walls or fences prior to construction thereof. Such easements for the underground service shall be kept clear of all other improvements, and neither the grantee nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed as outlined above) of the Owner located on the Lot covered by said easements. In addition, the utility easements shall not be used as alleyways. 11.05 Emergency and Service Vehicles. An easement is hereby granted to all police, fire protection, ambulance and other emerg.enc~ v.ehicles at~.d other service vehicles to enter upon the Common Properties, including but not linutecl to private streets, in.the performance of their duties; and further, an easement is hereby granted to the Association, its officers, d' .~ectors, agents, employees and management personnel to enter the Common Properties to renoer any 11.06 Universal Easement. The Owner of each LOt (including Declarant so long as Declarant is the Owner of any LOt) is hereby granted an easement not to exceed one (1) foot in width over all adjoining Lots and Common Properties for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to willful misconduct of said Owner or Owners. In addition, the Owner of each LOt is hereby granted an easement for minor encroachments [not to exceed three (3) feet in width] by overhanging roofs and eaves as originally constructed over each adjoining Lot and/or the Common Properties and for the maintenance thereof. Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with each conveyance of said LOt. 11.07 Easement for Maintenance and Repair of Lakes and Banks of Lakes. Declarant does hereby perpetually dedicate, establish, create and set aside a non-exclusive ten (10) foot wide easement over, across and upon the Properties, such easement to extend ten (10) feet in width along and around thc entire length of any lakes and drainage ways situated on the Common Properties. Such easements are reserved for the exclusive benefit of Declarant, the Association and their respective successors and assigns, for the maintenance of the lakes, drainage ways, or the edges of such lakes and/or drainage ways situated within the Common - 32 - ~m~s~o,o,a,~zwn, n~,.cc, 11.08 Wall and Landscape Easement. An easement of varying width has been established on the Plat for the maintenance and repair of the perimeter screening wall and the associated landscape and irrigation. Owners shall not alter, paint or otherwise use such walls even though such walls and easements may ~ l.oc~..te~, on o..r adj .a~..nt ~ such _._O~__e.r.'_.s,,...L~_t.,,...It is the responsibility of each .Owner..to re.au?tam mat. po.ru0n, o! me 1 .a~.os?pmg._~_~_um~._u.._u~. easement which is enclosed by me wau on metr respecuve LOt, hOWever, me ^ssooauon roms,.-, the right to enter upon the Properties and perform such maintenance as necessary. 11.09 lh-ain~e Easement. Easements over the Lots and the Common Properties for the drainage and flow of surface water, as shown on the grading and drainage plans for the subdivision, are hereby reserved and retained for the benefit of the Association and/or its successors and assigns. In addition, each Owner covenants to provide easements for drainage and water flow as contours of land and the arrangements of improvements, approved by the Architectural Control Committee, thereon required. Each Owner shall be responsible for maintaining his Lot so that there is no interference with the drainage patterns established by the grading and drainage plans, and, in the event any Owner shall interfere with the drainage patterns established by the grading and drainage plans, the Association shall have the right to enter such Lot to re-establish the proper drainage patterns. ARTICLE XH GENERAL PROVISIONS 12.01 Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/or any Owner, their _re._~:cti.v.e l.eg. al..rel.~.~_tativ, es,..heir.s, successors and assigns, for a term of thirty-five (35) years from me oate mat m~s oec~arauon ~s recorded in the Office of the County Clerk of Dallas County, Texas, after which time these Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the Members entitled to cast seventy percent (70%) of the votes of the Association, in the aggregate, regardless of class, has been recorded in the Office of the County Clerk of Dallas County, Texas, agreeing to abolish or terminate these Covenants and Restrictions; provided, however, that no such agreements to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. 12.02' Amendments. Notwithstanding the terms and provisions ofi~..~s~;~l_~,~t hereof, this Declaration may be amended, modified and/or changed as follows: (a) during the time Declarant is the Owner of any Lot, the Declarant may amend or change this Declaration with the consent of at least fifty-one percent (51%) of the outstanding votes of the Association, regardless of class; Co) in all other situations, this Declaration may be amended or changed either upon the express written consent of Members entitled to cast at least seventy percent (70%) of outstanding votes of the Association who are in attendance at a meeting called and held in accordance with ~di.~B_i3..,J~ hereof, regardless of class, or at least seventy percent (70%) of the outstanding votes of the Association, regardless of class, whether or not a meeting is called. Any and all amendments to this Declaration, shall be recorded in the Office of the County Clerk of Dallas County, Texas. Notwithstanding the prior provisions of this ~i911..12~2, (a) the 33 Declarant may execute and record amendments to this Declaration without such consent or approval if the amendment is for the purpose of correcting technical or typographical errors or for clarification only, and (b) as long as the Declarant is the Owner of any Lot, no amendment to this Declaration shall be effective without the prior written consent of the Declarant. 12.03 Enfo~ent. Enforcement of these Covenants .a~.d .Restricfi.ons s~all .be by .a~.y them, or to recover damages, or to enlorce any uen createa oy mese ~ovr, nan~ ~u~u x~-,.,.,~**, , and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12.04 Severnbility. Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no wise affect any other provision of this Declaration or the remainder of these Covenants and Restrictions which shall remain in full force and effect. 12.05 Hendin~. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. 12.06 Notices to Member/Owner. Any notice required to be given to any_Me.m..ber o.r Owner under the provisions of this Declaration shall be deemed to have been properly deuvereo when deposited in the United States mail, postage prepaid, addressed to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. 12.07 Notices to Mort~ngees. If a holder of a mortgage on a Lot shall notify the Association of its address and the identity of the Lot and Owner covered by and granting such mortgage, then such holder(s) shall be entitled to receive, written notification from the Association of any default by the respective Owner in the performance of such Owner's obligations as established by this Declaration. 12.08 Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or the Bylaws of the Association shall be determined by the Board of Directors, whose determination shall be final and binding upon all Owners. 12.09 Terminntion of and Responsibility of Declnrnnt. If Declar~n..t sh~. convey ~ of its right, title and interest in and to the Properties and assign all its rights, benefits ano obligations as Declarant hereu_nder to any .partn .ers.hip,, individual or individuals, corporation or corporations, then and in such event Declarant snatt be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. IN ~ WItE, RF_~Ir, the Declarant has caused this instrument to be executed as of the day of ., 1998. COPPELL OFrlMUM ASSETS, LLC, a Texas limited liability company By: Kelly Jordan, Manager - 34- STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a No~,'y Public in and for the State of Texas, on ~his day personally appeared KELLY JORDAN, the Manager of COPPELL OPTIMUM ASSETS, LLC, a Texas limited liability company, 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, in the opacity therein stated and as the act and deed of such company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1998. My Commission Expires: Notary Public, State of Texas (Printed or Typed Name of Notary) 35- EXHIBIT [Insert metes and bounds descrilXion of the Property] - 36 - EXHIBIT COMMON PROPERTIES - 37 -