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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~ ~