ELECTRONICALLY RECORDED 201800072653 CHICAGO TITLE 03/20/2018 04:24:10 PM AM 1/18 F# BOQ O2Sb | FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR 3000 FLORA STREET OWNERS ASSOCIATION, INC.
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR 3000 FLORA STREET OWNERS ASSOCIATION, INC., is made and entered by Twin Lakes Plaza, L.P., a Texas limited partnership (“Declarant”).
PRELIMINARY STATEMENTS (the Declaration”); WHEREAS, there was a typographical error in the Decl.
the Development Period, and the Development Period is still in the De is stil] in effect, and ithout limitation, Section 16.4 and ight at any time and from time to lly amend the Declaration for ed, and filed for record in Dallas WHEREAS, the Development Period (as defin in accordance with the terms of the Declaration, includi Section B.3.4 of the Appendix B thereof, the Declaran time, without the consent of other owners or mortga any purpose by an instrument in writing duly d County, Texas, WHEREAS, Declarant has determingd it heveSsary to amend and clarify certain portions of the Declaration.
S 1, 2012, Declarant amends the Declaration as therwise defined in this Amendment, all capitalized words or dd and have the meaning set forth in the Declaration as modified NOW THEREFOR follows: 1 s terms used herein shal and amended he t(s). The Declaration is hereby modified and amended in the following tion 1.12 of the Declaration is amended to correct a typographical error in the definitt Development Period, and as amended, the definition of the Development Period is as follows: “1,12 ‘Development Period’ means the ten (10) year period beginning on the date this
l error in the definitt Development Period, and as amended, the definition of the Development Period is as follows: “1,12 ‘Development Period’ means the ten (10) year period beginning on the date this Declaration is recorded, during which Declarant has certain rights pursuant to Appendix B hereto.
The Development Period is for a term of years and does not require that Declarant own land described in Appendix A. Declarant may terminate the Development Period at any time by recording a notice of termination.”
First AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 1 or 12 (b) A new Section 1.23 is added as follows: "1.23 ‘Claims’ means collectively, all claims, demands, suits, proceedings, actions, causes of action (whether civil, criminal, administrative or investigative and including, without limitatjep, causes of action in tort), losses, penalties, fines, damages, liabilities, obligations, costs, expenses (including attorneys’ fees and court costs) of any and every kind or character, unknown, including but not limited to, cost recovery, contribution and other claims.”
(c) Section 4.2 of the Declaration is deleted, and replaced with the fol “4.2 AS_1S CONDITION: RELEASE. EACH OWNER, RESIDE GUESTS ACCEPT THE CURRENT AND FUTURE CONDITION i ALL IMPROVEMENTS CONSTRUCTED THEREON 4 DECLARANT, THE ASSOCIATION OR ANY OF THE EMPLOYEES OR AGENTS AS TO THE COND R IMPROVEMENTS THEREON. EACH OWNER AN IDENT HEREBY RELEASE AND AGREES TO HOLD HARMLESS THE DECLARA ASSOCIATION, AND THEIR RESPECTIVE DIRECTORS, OPHEERS, Ses ENTS, AND EMPLOYEES WHETHER BY AN OWNER, RESIDE D PARTY, EVEN IF DUE TO THE NEGLIGENCE OF THE RELEA : B8, OR ANY ONE OF THEM. EACH OWNER AND RESIDENT FURTHER 4G BES THAT THE RELEASED PARTIES HAVE MADE NO REPRESENTATIGNY R RESIDENT RELIED ON ?
ESIDE D PARTY, EVEN IF DUE TO THE NEGLIGENCE OF THE RELEA : B8, OR ANY ONE OF THEM. EACH OWNER AND RESIDENT FURTHER 4G BES THAT THE RELEASED PARTIES HAVE MADE NO REPRESENTATIGNY R RESIDENT RELIED ON ?
IMPLIED, INCLUDING 4 property owned by the Association, including, if any, records, furniture, nt, and supplies, in an amount sufficient to cover the replacement cost of any repairor FeConStruction in the event of damage or destruction from any insurable hazard. The Association is not required to insure any of Lot, Townhome, detached residence, automobiles, watercraft, furniture or other personal property located within a residence or on any Common Area unless specifically set forth in this Agreement. The Association shall maintain a commercial general liability insurance policy on an occurrence-based form covering the Common Areas for bodily injury and property damage. All insurance maintained by the Association shall be written by an insurer with an A.M. Best rating of A- or higher. The insurance policies required under this Section 4.4 or otherwise will provide for blanket walvers of subrogation for the benefit of FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 2 OF 12 Declarant, shall provide primary coverage, not secondary, and provide first dollar coverage.
Additionally, the insurance policies under this paragraph shall provide that Declarant shall receive thirty-days written notice prior to cancellation of the policy and that Declarant shall permitted to pay any premiums to keep the Association’s insurance policies in full force and effect. The Association shall cause Declarant to be named as an additional insured on all insurance required
ermitted to pay any premiums to keep the Association’s insurance policies in full force and effect. The Association shall cause Declarant to be named as an additional insured on all insurance required under this Section 4.4 or as otherwise set forth herein. In addition to the other indemnities hergin and without limitation, if the Association fails to name Declarant as an additional insured a8 sé forth herein, the Association shall hold harmless, defend and indemnify Declarant for 2 claim, damage and/or lawsuit suffered by Declarant for the Association's failure describ insurance for Common Areas, this Section 4.4 shall control.”
(e) Anewsentence is added to the end of Section 6,2.1 of the D “By submitting any plan for approval, the submitting pg Declarant and/or the Architectural Reviewer are not engineers, a of plan review, and that any approval or disapproval of any plar on the suitability of the plans on an engineering, architeg (f) A new sentence is added to the end of “By submitting any plan for approval, the Supptitt the ACC and/or the Architectural Reviewer ar of plan review, and that any approval or disap 5 , architects, or builders for purposes ary plans expressly excludes any opinion ctural, or construction basis.”
$s, committee members, agents, members, aie or ¢ Board or the ACC or other officer, agent or representative he “Leaders”), shall be personally liable for the debts, obligations directors, officers, c representatives, or an of the Associatio: or liabilities of he Leaders shall have no personal liability with respect to any contract or ment made by them, in good faith, on behalf of the Association, and THE ASSOC ON, AGAINST CLAIMS, EXPENSES, LOSS OR LIABILITIES (TO THE EXTENT NOT COVERED BY INSURANCE PROCEEDS) TO OTHERS BY ANY
ct or ment made by them, in good faith, on behalf of the Association, and THE ASSOC ON, AGAINST CLAIMS, EXPENSES, LOSS OR LIABILITIES (TO THE EXTENT NOT COVERED BY INSURANCE PROCEEDS) TO OTHERS BY ANY CONTRACT OR COMMITMENT, AND BY REASONS OF HAVING SERVED AS A LEADER, INCLUDING ATTORNEY’S FEES, REASONABLY INCURRED BY OR IMPOSED ON THE LEADER IN CONNECTION WITH ANY ACTION, CLAIM, SUIT, OR PROCEEDING TO WHICH THE LEADER IS A PARTY. A LEADER IS NOT LIABLE FOR A MISTAKE OF JUDGMENT, NEGLIGENT OR OTHERWISE. A LEADER IS LIABLE FOR FIRST AMENDMENT TO DRCLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 3 oF 12 HIS WILLFUL MISFEASANCE, MALFEASANCE, MISCONDUCT, OR BAD FAITH. THIS RIGHT TO INDEMNIFICATION DOES NOT EXCLUDE ANY OTHER RIGHTS TO WHICH PRESENT OR FORMER LEADERS MAY BE ENTITLED. THE ASSOCIATION MAY MAINTAIN GENERAL LIABILITY AND DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE TO FUND THIS OBLIGATION. ADDITIONALLY, THE ASSOCIATION MAY INDEMNIFY A PERSON WHO IS OR WAS AN EMPLOYEE, TRUSTEE, AGENT, ATTORNEY OF THE ASSOCIATION, AGAINST ANY CLAIM OR LIABILITY ASSER AGAINST HIM AND INCURRED BY HIM IN THAT CAPACITY AND ARISING @ INCURRED BY HIM IN THAT CAPACITY AND ARISING OUT OF THA right to indemnification provided herein shall not be exclusive of ang. othe director, officer, agent, member, employee and/or representative, o member, employee and/or representative, may be entitled. The A’sse purchase and maintain, as a Common Expense, directors’, office on behalf of any Person who is or was Leader against any liabilityasse and incurred by any such Person in such capacity as a and/or representative, or arising out of such Person’s s FROM ANY OTHER WAIVER OF SUBROGATIQ embers’, insurance Against any such Person gefit, member, employee such, SEPARATE AND APART
h capacity as a and/or representative, or arising out of such Person’s s FROM ANY OTHER WAIVER OF SUBROGATIQ embers’, insurance Against any such Person gefit, member, employee such, SEPARATE AND APART THIS DECLARATION, THE GATION WHATSOEVER IT MAY HAVE AGAINST DECLARANT R. 2B F ANY THIRD-PARTY MAKES A CLAIM; IRF CAUSE OF ACTION AGAINST DECLARANT FOR OR ON BEHA 5 E“ASSOCIATION BY WAY OF A SUBROGATION RIGHT, THE F ION, OR OTHERWISE.”
(h) parts are added to the Declaration as follows: “13114 13.1 lJ NforServices. In addition to the Association's general maintenance claration, the Association shall, from time to time at the sole ontract with (subject to the limitations otherwise set forth in this retain the services of independent, qualified, licensed individuals or sociation with periodic inspection services for the Common Area and the Q sponsibility for which the Association is responsible. This service shall be he Association's budget as a common expense of the Association.
Schedule of Inspections. Such inspections shall take place from time to time at the sole discretion of the Board. The inspectors shall provide written reports of their inspections to the Association promptly following completion thereof. The written reports shall identify any items of maintenance or repair that either require current action by the Association or will need further review and analysis. The Board shall report the contents of such written reports to the Members of the Association at the next meeting of the Members following receipt of such written reports or as soon thereafter as reasonably practicable and shall include such written reports in the minutes of the Association. Subject to the provisions of the Declaration below, the Board FIRST AMENDMENT 10 DECLARATION OF COVENANTS,
sonably practicable and shall include such written reports in the minutes of the Association. Subject to the provisions of the Declaration below, the Board FIRST AMENDMENT 10 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 4 oF 12 shall promptly cause all matters identified as requiring attention to be maintained, repaired, or otherwise pursued in accordance with prudent business practices and the recommendations of the inspectors.
13.11.3 Notice to Declarant. During the Development Period, the Association shall, if requested by Declarant, deliver to Declarant ten (10) days advance written notice of all sygh inspections (and an opportunity to be present during such inspection, personally or throug agent) and shall provide Declarant (or its designee) with a copy of all written reports prepared § the inspectors.”
(i) Article 17 of the Declaration is deleted and replaced with the follog nk») “ARTICLE 17 DISPUTE RESOLUTION He 17.1 LITIGATION, 17.1.1 Bound Parties. Declarant, the Assdgiation officers, directors, and committee members, Owners, Residents, and all other pattiesgubject to this Declaration (“Bound Party”, or collectively, the “Bound Parties”), agree that if best interest of all concerned to encourage the amicable resolution of disputes zy gperty without the emotional and financial costs of litigation. Accordingly, ev j agrees not to file suit in any court with respect to a Claim described in subsection (? s§ and until it has first submitted such Claim to the alternative dispute resolution proced 3st forth in Section 17.2 in a good faith effort to resolve such Claim.
17.1.2 im(s¥ 6&6 sArticle, the term “Claim” or “Claims” will refer the Common Areas 5, atlyer than matters of aesthetic judgment under Article 11, which will not be subject te
t to resolve such Claim.
17.1.2 im(s¥ 6&6 sArticle, the term “Claim” or “Claims” will refer the Common Areas 5, atlyer than matters of aesthetic judgment under Article 11, which will not be subject te 3 Nat aims. The following will not be considered “Claims” for purposes ‘of this ¥uticle 17 unless all parties to the matter otherwise agree to submit the matter to (i) any legal proceeding by the Association to collect assessments or other athountS due from any Owner; (ii) any legal proceeding by the Association to obtain a temporary restraining order (or emergency equitable relief) and such ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association’s ability to enforce the provisions of this Restrictions; FIRST AMENDMENT TO DECLARATION Of COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE SOF 12 (iii) any legal proceeding which does not include Declarant or the Association as a party, if such action asserts a Claim which would constitute a cause of action independent of the Restrictions; and (iv) any action by the Association to enforce the Restrictions.
17.2 CLAIMS REGARDING COMMON AREAS.
17.2.1 Claim by the Association — Common Areas. The Association does not lig the power or right to institute, defend, intervene in, settle, or compromise litigé administrative proceedings: (i) in the name of or on behalf of any Owner (whether one-or.
related to the Common Areas or Area of Common Repeal as applicable, must: (i) I] of the Obtain an independent third-party report (the “Co . port”) from a licensed professional engineer in the same area of engineering pravticeof which the engineer is qualified esponsibility subject to the Claim including the present physical condition of the’Gom Area of Common Responsibility;
ngineer in the same area of engineering pravticeof which the engineer is qualified esponsibility subject to the Claim including the present physical condition of the’Gom Area of Common Responsibility; (B) describes any modification, maintenance, Oyfopa ommon Areas or Area of Common Responsibility performed by the Owner(s)-and ssociation; (C) provides specific and i é d/er repair of the Common Areas or Area of third-party report is a report o d dixet e Association or an Owner and paid for by the Association or an Owner, as’¥ not prepared by a person employed by or otherwise affiliated with the attorney a la resents or will represent the Association or an Owner in the Claim. As a precondi ding the Notice described-in Section 17.3, the Association or Owner must provide « i ¢ sitdll identify the independent third-party engaged to prepare the gcific Common Areas or Area of Common Responsibility to be gonally or through an agent. Upon completion, the Common Area Report 6 eXCh party subject to a claim. In addition, before providing the Notice a Claim the right, for a period of ninety (90) days, to inspect and correct, any led in the Common Area Report.
(ii) Owner Meeting and Approval. Obtain approval ftom Members holding eighty five percent (85%) of the votes in the Association to provide the Notice described in Section 17.3, initiate the mandatory dispute resolution procedures set forth in this Article 17, or take any other action to prosecute a Claim, which approval from Members must be obtained at a special meeting of Members called in accordance with the Bylaws. The notice of meeting required hereunder will be provided pursuant to the Bylaws but the notice must also include: (A) the nature of the Claim, the relief sought, the anticipated duration of prosecuting the
tice of meeting required hereunder will be provided pursuant to the Bylaws but the notice must also include: (A) the nature of the Claim, the relief sought, the anticipated duration of prosecuting the FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE GOF 12 Claim, and the likelihood of success; (B) a copy of the Common Area Report; (C) a copy of any proposed engagement letter, with the terms of such engagement between the Association and an attorney to be engaged by the Association to assert or provide assistance with the claim (the “Engagement Letter”); (D) a description of the attorney fees, consultant fees, expert witness fees, and court costs, whether incurred by the Association directly or for which it may be liable if it is not the prevailing party or that the Association will be required, pursuant to the Engagement Letter or otherwise, to pay if the Association elects to not to proceed with the Claim; (E) a summ: the steps previously taken, and proposed to be taken, to resolve the Claim; (F) an estim impact on the value of each Lot and Improvements if the Claim is prosecuted and anes the impact on the value of each Lot and Improvements after resolution of the Gigim, estimate of the impact on the marketability of each Lot and Improvements 4 prosecuted and during prosecution of the Claim, and an estimate of the impacterrth¢ Lat and Improvements during and afler resolution of the Clalm; (H) i : ini 0 of the Association, including the impact on present and proj ted es, inthe event the If the Claim is prosecuted by the Association, in the eve mbers approve providing the Notice described in Section 17.3, or taking any other action to-pr a Claim, the Members holding a
inthe event the If the Claim is prosecuted by the Association, in the eve mbers approve providing the Notice described in Section 17.3, or taking any other action to-pr a Claim, the Members holding a Majority of the votes in the Association, at a speci in accordance with the Bylaws, may elect to discontinue prosecution or pursdi} (iii) acts. The Association may not engage or contract with any g Q firm, consUltant. expert or advisor on a contingency fee basis, in whole orth par Ashinthe prosecution of a Claim.
173 se eS (i) ifedh bntd . The Bound Party asserting a Claim of the Claim (the “Notice” gy. plainly and concisely: (A) the nature of the Claim, including " fd, and Respondent's role in the Claim; (B) the basis of the what Claimant given P suap Shall control any Claim, and they expressly adopt and incorporate the terms he Texas Property Code as is full set forth herein. If the Claimant is the 5 proceeding with negotiations under Section 17.4, the Association shall Ys Section 27.004 of the Texas a Saree Code. If a Claim is subject to Chapter 27 of the Texas Property Code, the Claimant and Respondent are advised, in addition to compliance with Section 17.4, to comply with the terms and provisions of Section 27.004 during such sixty (60) day period.
Section 17.4 does not modify or extend the time period set forth in Section 27.004 of the Texas Property Code. Failure to comply with the time periods or actions specified in Section 27.004 shall not affect a Claim and the Respondent shall have all rights and remedies under Chapter 27 of the Texas Property Code. The one hundred and twenty (120) day period for mediation set forth in FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 7 OF 12
der Chapter 27 of the Texas Property Code. The one hundred and twenty (120) day period for mediation set forth in FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 7 OF 12 Section 17.5 below is intended to provide the Claimant and Respondent with sufficient time to resolve the Claim in the event resolution is not accomplished during negotiation. If the Claim is not resolved during negotiation, mediation pursuant to Section 17.5 is required without regard to the monetary amount of the Claim.
(ii) Special Notice for Association. If the Claimant is the Association, the Notice will also include: (A) a true and correct copy of the Common Area Report; (B) a copy’of obtained by the Association related to the Common Area or Area of Common Responsibilé forms the basis of the Claim; (D) a true and correct copy of the special meeting notice-pro the Association fail to movida the information me reeired by this See the Respondent shall be entitled to a temporary injunction enjoif a demahd—orr the ‘Respondent the Respondent may take such actions within one-hundred twenty Aan i after maki Association’s Claim shall be dismissed with prejudice, ar in law or in equity to confirm such dismissal.
17.4 NEGOTIATION. Claimant Regpondent WIT make every reasonable effort to meet in person to resolve the Claim by good faitiyégptlatiof. At any time during the negotiation period, if the Respondent is the Declarant, the Se fay make repairs to the Common Areas, and/or the Area of Common Respgnsibi 5 further damage to any of these areas, the Respondent and Claimant v If the Claim involves al] o mutually-agreeable time, Résp the Property, then at such meeting or at some other atl Respondent's representatives will have full access to the
he Respondent and Claimant v If the Claim involves al] o mutually-agreeable time, Résp the Property, then at such meeting or at some other atl Respondent's representatives will have full access to the e for the purposes of inspecting the Property. If Respondent elects to take corréc; iof, Claimant will provide Respondent and Respondent's full access to the Property to take and complete corrective action.
. If the parties negotiate, but do not resolve the Claim through undred twenty (120) days from the date of the Notice (or within such other agyeed on by the parties), Claimant will have thirty (30) additional days within the subject matter of the Claim. If Claimant does not submit the Claim to mediation within the 30-day period, Respondent will submit the Claim to mediation in accordance with this Section 17.5.
17.6 TION OF MEDI . If the Parties do not settle the Claim within thirty (30) days after submission to mediation, or within a time deemed reasonable by the mediator, the mediator will issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated, Thereafter, if the Association FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Paoe 8 or 12 is the Claimant, it shall provide a report of the mediation to the Members of the Association, which such report shall provide the last best offer made by the Respondent, the last best offer by the Association, and the reason the Association did not accept the offer made by the Respondent. After such report is provided to the Members, the Board shall call a special meeting of the Members, at which special meeting the Members shall vote on whether to accept the last, best offer by the
t. After such report is provided to the Members, the Board shall call a special meeting of the Members, at which special meeting the Members shall vote on whether to accept the last, best offer by the Respondent. If a Majority of the Members in attendance at the special meeting vote to accept the Respondent's last, best offer, the Board shall accept the Respondent’s last, best offer and s dismiss the Claim. Claimant may file suit or initiate arbitration proceedings on the Cinim, ‘as appropriate and permitted by this Article.
17.7 ARBIT ON-CLAIMS. All Claims must be settk arbitration. Claimant or Respondent may, by summary proceedings (e.g., a plea In motion to stay further proceedings), bring an action in court to compel arbitfati not referred to arbitration as required by this Section 17.7.
17.7.1 Governing Rules. If a Claim has not b required by Section 17.5, the Claim will be resolved by binding arbitrati accordance with the terms of this Section 17.7 and the rules and procedures of the Ame bitration Association (“AAA”) or, if the AAA is unable or unwilling to act as the arbitrat the arbitration shall be conducted by another neutral reputable arbitration servidve sb ected by Respondent. Regardless of what entity or person is acting as the arbitrator, the arbitr? hall be conducted in accordance with the AAA’s “Construction Industry Dispute Resdjution Procedures” and, if they apply to the disagreement, the rules contained in the Disputes. If such Rules have changed or been k j successor tules will apply. Also, despite the ehej es governing the arbitration of any Claim, fie Perefit rules that would specifically apply to the Claim, then those rules will app & d rules identified above. In the event of any
lso, despite the ehej es governing the arbitration of any Claim, fie Perefit rules that would specifically apply to the Claim, then those rules will app & d rules identified above. In the event of any control. Judgment upon thee appeal, but may be reduced provision to the contrary o any court having jurisdiction. Notwithstanding any able rules for arbitration, any arbitration with respect to sander, this Section 17.7 wil limit the right of Claimant or Renova Respondent will have the right during any Claim, to seek, use, and employ gary remedies, judicial or otherwise, for the purposes of realizing upon, pteCting upon any property, real or personal, that is involved in a Claim, including, gn, rights and remedies relating to: (i) exercising self-help remedies (including setattachment, garnishment, or the appointment of a receiver from a court having jurisdiction before, during, or after the pendency of any arbitration. The institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary remedies or exercise of self help remedies shall not constitute a waiver of the right of any party to submit the Claim to arbitration nor render inapplicable the compulsory arbitration provisions hereof.
17.7.3 Statute of Limitations. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding under this Section 17.7, and to the fullest extent FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 9 OF 12 allowed under law, any action, lawsuit and/or claim whatsoever initiated by the Association or its
fullest extent FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 9 OF 12 allowed under law, any action, lawsuit and/or claim whatsoever initiated by the Association or its assigns, regardless of form, that arises from or relates to this Declaration, the Property, the Subdivision, the Townhomes, the residence, the improvements or otherwise is barred unless it is brought not later than two (2) years and one (1) day from the date the cause of action accrues.
17.7.4 Scope of Award: Modification or Vacation of Award. The arbitrator shall resolve all Claims in accordance with the applicable substantive law except as provided by {itis Section. The arbitrator may grant any remedy or relief that the arbitrator deem just and equitable 27 of the Texas Property Code. In all arbitration proceedings the arbitrato written findings of fact and conclusions of Jaw. In all arbitration proceedings Texas law; (ii) conclusions of law that are erroneous; (iii) an erre cause of action or remedy not expressly provided under existing ne-évent may an arbitrator r punitive damages for any Claim.
Law, and the arbitrator shall not orovide an awe was due to a material violation of any App either party to the other. Arbitration proceedings here the Property is located. The arbitrator shall be le ‘iw. The arbitrator shall have the power to award recovery of limitations in Section 17.7. Each party agrees to keep all Claims p-stfictly confidential, except for disclosures of information required in iness of the parties or by applicable law or regulation. In no event shall ALLOCATION OF COSTS Notwithstanding any provision in this Declaration to the contrary, each Party bears all of its own costs incurred prior to and during the proceedings
regulation. In no event shall ALLOCATION OF COSTS Notwithstanding any provision in this Declaration to the contrary, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, Mediation, and Arbitration sections above, including its attorney’s fees. For avoidance of doubt, the prevailing party in any Arbitration shall not recover any attorneys’ fees, expenses, or costs. Respondent and Claimant will equally divide all expenses and fees charged by the mediator and arbitrator.
first AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 10 oF 12 17.9 GENERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant’s Claim.
17.10 PERIOD OF LIMITATION.
17.10.14 For Actions by an Owner. The exclusive period of limitation { any of the Parties to bring any Claim, including, but not limited to, a Claim related to the degig or construction of improvements (including, but not limited to a Townhome) on the Con Areas or Lots, shall be no later than two (2) years and one (1) day from the date tha 17,10.2 For Actions by the Association. The exclusive pests ( for the Association to bring any Claim, including, but not limited to, a Clai or construction of inpravermenta (including, bat not limited to a Townh¢ 17.11 APPROVAL & SETTLEMENT. The Associatiok a Special Assessment to fund the estimated costs of arbitration, including estimated attor 5, conducted pursuant A j he Association may not use its annual operating income or reserve funds or savings to funtharbitration or litigation, unless the Association’s annual budget or a savings account wa$ ghéd and funded from its inception
ay not use its annual operating income or reserve funds or savings to funtharbitration or litigation, unless the Association’s annual budget or a savings account wa$ ghéd and funded from its inception as an arbitration and litigation reserve fund. a LARANT OR THE ASSOCIATION BE AL, SPECIAL, INDIRECT, LOST PROFIT LIABLE FOR SPECULATIV N WITH ANY CLAIM, EVEN IF DUE TO THE CONTAINED IN THIS DECLARATION ORPANYOF THE ASSOCIATION DOCUMENTS mn HA ee OR PUNITIVE DAMAGES,IN a ch visidris of the Declaration are unchanged and continued in full force and effect. All of. the\ca zed terms used in this First Amendment, unless otherwise defined herein, shall hayé ne raning as assigned to such terms in the Declaration.
[SIGNATURE ON FOLLOWING PAGE] FIRST AMBNDOMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Pao Uf of 12 EXECUTED to be effective this 1" day of July, 2012.
DECLARANT: TWIN LAKES PLAZA, L.P., a Texas limited partnership By: Pars Investments, Inc., a Texas corporation Its: General Partner STATE OF TEXAS COUNTY OF DALLAS § This instrument was acknowledged before ny day of § Maer, : 2018, by Mehrdad Moayedi, President of P. Vv ., a Texas corporation, general partner of Twin Lakes Plaza, L.P., a Texas limi a , on behalf of said entities, My Commission expires: meet . oH Notary Public in and for theState of Texas ys aaa mer uy; > First AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS PAGE 22 0F 12 APPENDIX "A" Legal description subject land REAL PROPERTY LEGAL DESCRIPTION Unofficial Copy TRACT 1 0.947 ACRES BEING a tract of land located in City Block 2/$94, City of Dallas, Dallas County, Texas and being all of a tract of land described in Deed to Joseph C. Grissafi and D.
fficial Copy TRACT 1 0.947 ACRES BEING a tract of land located in City Block 2/$94, City of Dallas, Dallas County, Texas and being all of a tract of land described in Deed to Joseph C. Grissafi and D.
Michael Cotten, recorded in Document No. 200600468009, Deed Records, Dallas County, Texas and being all of a tract of land described in Deed to Twin Lakes Plaza, L.P., recorded in Document Number 20070138443, Deed Records, Dallas County, Texas and being all of a tract of land described in Deed to M.L. Levin, recorded in Volume 91147, Page 2366, Deed Records, Dallas County, Texas and being part ofa tract of land described in Deed to Judith R. Tycher, recorded in Volume 20059T8 and being more particularly described as follows: BEGINNING at a Texas Department of Transportation conorete found at the interseotion of the East right-of-way lirte Expressway (US Highway No. 75), a variable wid ht-of-way the Northwest right-of-way line of Flora Street, a variable width ri way, at the West corner of said Cotten tract; THENCE Northerly, along said East right f following three (3) courses and distances: North 01 degrees 39 minutpe 57 gec6n distance of 125.19 feet toa TXDOT brass disk in concrete fo 4 er of said Cotten tract; North 01 degrees 1 brass disk in concrete South 46 degrecs 16 minutes 10 scconds East, along said Southeast right-ofne, x distance of 264,83 feet to a 1/2 inch iron rod with a yellow plastic cap amped DAA" set in the Northwest right-of-way line of said Flora Street at the East corner of said Tract 3; THENCE Southwesterly, along said Northwest right-of-way line, the following four (4) courses and distances: 8:\3000 Flora Street Owners Assos Inc 1 of2 South 44 degrees 58 minutes 07 seconds West, a distance of 182.15 feet to a PK Nail
rthwest right-of-way line, the following four (4) courses and distances: 8:\3000 Flora Street Owners Assos Inc 1 of2 South 44 degrees 58 minutes 07 seconds West, a distance of 182.15 feet to a PK Nail found in the North line of said Cotten tract; South 46 degrees 24 minutes 24 seconds East, a distance of 2.00 feet to a PK Nail found at the East corner of said Cotten tract; South 44 degrees 31 minutes 30 seconds West, a distance of 80,11 feet to a 1/2 inch ° iron rod with a yellow plastic cap stamped "SURVEY” found at the South comer said Cotten tract; North 71 degrees 49 minutes 22 seconds West, a distance of 18.79 feet to th OF BEGINNING and containing 41,253 square feet or 0.947 acres of land, » less, $:13000 Plow Street Owners Assoc lnc 2062 TRACT 2 1.067 ACRES BEING a tract of land located in City Block 2/594, City of Dallas, Dallas County, Texas and being all of a tract of land described in Deed to Henry Rahmani, recorded in Volume 2005048, Page 6178, Deed Records, Dallas County, Texas and being all of a tract of land described in Deed to Topletz Investments, Recorded in Document Number 200503605509, Deed Records, Dallas County, Texas and being all of those tracts of.
land desoribed as Tract [ and Tract [1 in Deed to Henry H. Rahmani, recorded in Volume 2005048, Page 9064, Deed Records, Dallas County, Texas and being alf oft 1 in BURGUNDY PLACE ADDITION, an Addition to the City of Dallas, Dajles County, Texas according to the Plat thereof recorded in Volume 49, Page 85-ant.be more particularly described as follows: TRENCE South 44 degrees 25 minutes 17 seconds Westalong said Northwest rightof-way line, passing a 1/2 inch iron rod with a rs ap, stamped “ENCOMPASS” found at the South comer of said Tract [hat a disfant 000 feet and continuing for a
7 seconds Westalong said Northwest rightof-way line, passing a 1/2 inch iron rod with a rs ap, stamped “ENCOMPASS” found at the South comer of said Tract [hat a disfant 000 feet and continuing for a total distance of 203,21 feet to a PK N oftheast righ!-ol-way line of Pavilion Street, a 12 foot right-of-way, at ptner of said Rahmani tract; olds West, Icaving said Northwest rightTHENCE North 46 dogrcces 16 ay line, passing a 1/2 inch iron rod with of-way line and along said pf 283.69 feet toa Texas Department of THENCE Nex ges 58 minutes 16 seconds East, along said East right-of-way istan 8-82’feet to a TXDOT brass disk in concrete found at the North South 46 degrees 15 minutes 58 seconds East, leaving said East right-of-way ance of 189,85 feet to a 1/2 inch iron rod with a yellow plastic cap stamped pt for corner; THENCE North 44 degrees 27 minutes 20 seconds Bast, a distance of 42.45 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer; THENCE North 46 degrees 30 minutes 37 seconds West, passing a 1/2 inch iron rod found at the most Westerly South corner of said Tract I and said Addition at a distance $:\3000 Flore Street (owners Ansno Inc 1 of2 of 4.02 feet and continuing for a total distance of 104.88 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the West comer of said Tract I and said Addition and at the South comer of'a tract of land described in Deod to Joseph M.
(Jack) Topletz, recorded in Volume 98214, Page 3647, Deed Records, Dallas County, Texas; THENCE North 44 degrees 12 minutes 32 seconds East, a distance of 43.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the East corner of s Joseph M. Topletz tract,
Texas; THENCE North 44 degrees 12 minutes 32 seconds East, a distance of 43.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the East corner of s Joseph M. Topletz tract, THENCE North 46 degrees 30 minutes 00 seconds West, a distance of 27.1 8fee! (t0 2) 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the most-Nartherly West corner of said Tract I; THENCE North 43 degrees 11 minutes 53 seconds East, a 1/2 inch izon rod with a yellow plastic cap stamped "DAA" Southwest right-of-way line of said Watkins Avenue; THENCE Southeasterly, along said Southwest ri courses and distances: South 45 degrees 41 minutes 00 seco: iron rod found for comer, , South 44 degrees 24 minutes 01 s istance of 10.00 feet to a 1/2 inch d YSPON4183" found at the North corner of iron rod with a blue plastioegp 8 said Addition; South 45 degrees 47 mij ds East, a distance of 160.58 feet to a 1/2 inch metal pipe found athe East.comer Of said Addition, iron rod with at said Tract-N; {YG and containing 1.067 acres of land, more or less.
§:\3000 Flore Strest Ownors Assvo Jor" 20f2 Oe K &s & iled and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03/20/2018 04:24:10 PM $94.00 201800072653 fp