Windsor Est/FP-CS000410 (2)APR 10 '00 14:51FR NICHOLS JCKSON DLLRD 214 965 0010 TO g?23047092
P.02/02
Robert E. Hagcr
E-maih rhager~njdhs.com
NICHOLS. JACKSON, DILLARD. HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
$00 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDH$ O NIDH$.com
April 10, 2000
Via Facsimile and
U.S. First Class Mail
Mr. Gary Sieb
Planning Director
City of Coppell
P. O. Box 473
Coppell, Texas 75019
RE: Windsor Estates Declaration of Covenants and Restrictions
Dear Mr. Sieb:
Please be advised that we have reviewed the Declaration of Covenants and
Restrictions involving the Windsor Estates Development located in the City of Coppell,
Texas. After reviewing the same for sufficiency as to maintenance of the common areas,
we are in a position to approve the language set forth in the deed covenants regarding the
City's ability to enforce deed covenants with respect to common areas for the Windsor
Estates Development. Please place a copy of this letter with the Homeowners
Association documents filed with the City.
Thank you for your attention in this matter. Please feel free to call if you have
any questions.
Very truly yours,
REH/cdb
NICHOLS, JAg K'S12IN, DILLARD,
Robert E. Hager//- -
33061
MAR 31 '00 11:45 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9?2304?092 P.01/03
NICHOLS, JACKSON, DIL
HAGER& SMITH,
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214)965-9900
(214)965-0010 FAX
FACSIMILE COVER SHEET
PLEASE DELIVER THE FOLLOWING TO:
NAME: Tim Hagen
COMPANY: Hagen & Parsons
FAX NO.: 972/386-0443
DATE: March 31, 2000
FROM: Robert E. Hager
TRANSMITTED BY: Cindy Brown
NUMBER OF PAGES (Including Cover Sheet):
COMMENTS: Windsor Estates Addition
THE INFORMATION CONTAINED IN THIS FACSIMILE I$ ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF TH~ RECIPIENT 15
NOT TH£ INTENDED RECIPIENT, YOU ARE HEREBY NOTIFll:D THAT ANY DISTRIBUTION, DISSEMINATION OR
COPYINO OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS I$ ERROR. PLEASE
NOTIFY US IMMEDIATELY BY PNON{~ AND RETURN TI~ ORIGINAL IVi~$AGE TO US AT TI-rE ABOVE ADDRESS VIA
THE U.S. POSTAL SERVICE.
MAR 31 '88 11:45 FR NICHOLS JCKSON DLLRD 214 965 8818 TO 9923849892
Robert E. l-l~ger
E-mai): rhzger~njdbs,com
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.!
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Al(art
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS~N~DHS.com
March 31, 2000
Via Facsimile
972/386-0443
Mr. Tim Hagen
Hagen & Parsons
North Central Plaza Three
12801 North Central Expressway
Suite 370
Dallas, Texas 75243
Windsor Estates
Dear Mr. Hagen:
Please be advised that we have reviewed the Declaration of Covenants,
Conditions and Restrictions for Windsor Estates Addition in Coppell, Texas. After
review of the same, we would request that Section 6.06 entitled Rights of the City of
Coppell be amended to include the wording, "or as provided herein" (please see
attached). Once this change has been made, we arc prepared to send a letter to the City of
Coppell approving the same.
If you have any questions, please feel free to contact us at your convenience.
Thank you for your attention to this matter.
Sincerely,
REH/cdb
Enclosures
cc: Ms. Isabelle Moro (Via facsimile 972/304-7092)
MAR 31 '00 11:45 FR NICHOLS JCKSON DLLRD
214 965 0010 TO 9?2304?092
P.03×03
6.03 M~intemm~e Contracts. Thc Board, on behalf of the Association, ~ have full
power and authority to contract with any Own= or any third party for the perfo~c~ by the
Association of services upon such terms and conditions and for such consideration as e Board
may deem proper, advisable and in the best interest of the Association.
6.04 Liability Limitations, No Member, officer of the Association or member of the
Board of Directors shall 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 d/rectors, officers, agents,
or employees shall be liable for any incidental or consequential damages for failure to inspect any
premises, improvements or portion thereof or for failure to repair or maintain the same.
Thc 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 fa/lure or defect of any structure or structures situated on or within thc 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 R~serve 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 separately from
other funds maintained for annual operating expenses and may establish separate, irrevoca~..le .trust
accounts in order to better demonstrate that the amounts deposited therein are capital contnOuuons
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 provid~ for herein shall be used for the general
purposes ofpromoling the recreation, health, safety, welfare, common benefit, and enjoyment of
the Owners and occupants of the subdivision, and maintaining the subdivision and improvements
therein, all as may be more specifically authorized from time to time by the Boa.rd of D/rectors.
Capital expenditures from this fund may include by way of example, but not be limited to, lake
and drainage channel improvement~ or o~her repair of major damage to the Common Properties
not covered by insurance
Board of Directors of the Association fail or refuse to maintain _th.e, Comq/on Properties in
accordance with specifications established by the City of Coppeil (the 'City_") ~,ithin'--':"-:- ninety (90)
days after the Association receives written request from thc City to do so, the City, by and
through a majority of its City Council member~, shall have the ~me 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 neces.~ry 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 n~ 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 Properties.
18
C:~ile~UORDAN~20~WIN DSORDCCR
~ TnTAI PARF.R~ ~