Alexander Ct-CS0807212010) Ken Griffin - FW: TMLIRP: Mira Mar Page 1
From:
"David Dodd" <ddodd @njdhs.com>
To:
"Ken Griffin" <kgriffin @ci.coppell.tx.us >, "Clay Phillips" <CPHILLIP @ci....
Date:
7/21/2008 11:34 AM
Subject:
FW: TMLIRP: Mira Mar
Attachments:
07 -17 -2008. pdf
J. David Dodd, III
Nichols, Jackson, Dillard
Hager & Smith, LLP
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201
214 - 965 -9900
214 - 965 -0010 Fax
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- - - -- Original Message---- -
From: David T. Ritter [mailto:dritter @toase.com]
Sent: Monday, July 21, 2008 11:15 AM
To: David Dodd
Cc: Carvan Adkins; Wayne Olson; Diane Ferguson
Subject: FW: TMLIRP: Mira Mar
«07- 17- 2008.pdf>> David:
Attached is the latest letter from Walt Leonard regarding the Mira
Mar /Alexander Court development. After looking at the claims, I think
that this may be a city attorney issue rather than a "core litigation"
issue and didn't want to overstep any boundaries in the TML
representation, so I'm looping you in.
Walt called me this morning and gave me some additional details. Mr.
Hawkins apparently filed the initial design documents showing decorative
elements including some flower beds. When he closed last week, David
Weekly Homes made him post bond or otherwise indemnify Weekly Homes for
about $50,000 - the approximate costs of the decorative elements. Mr.
2010) Ken Griffin - FW: TMLIRP: Mira Mar Page 2
Hawkins believes that the original plans were "superseded" as he puts
it, by the tree preservation plan - his claims are that the trees on the
site will either block the flowerbeds from view or that trees will have
to be removed in order to place the flowerbeds, etc. He is now seeking
a letter from the City that it considers the initial design to have been
rendered void and replaced by the tree preservation plan. He could not
tell me if Hawkins ever updated the initially filed plans to include the
changes.
He also claims that Weekly thinks the City may require it to place the
flowerbeds, hence their insistence on the $50,000 bond or payment.
However, Walt also indicated last week in an earlier call that the
future Home Owner's Association may have been the driving force in
insisting on the installation of the flowerbeds.
My read is that Hawkins is just trying to find a way to cut an
additional $50,000 in costs from the project and is essentially asking
the City for a favor in taking his side against either Weekly or the
H OA.
told Walt that I was going to loop you in on this and that you may be
the contact person on this issue. Let me know if there is anything
can do to help or if any other information is needed.
Thanks,
David
WALTER W. Lr--r0
O NE SUMMIT vFfQUE
SMITE 1 010
FORT WORTH, TEXAS 7610
I
ZAX TRANSAJITTA4SH
PAX 017 -33 .5R
EMAIL wwffwlaw0juno.00?Ti
1 + 2 4 - ,
T O : & David 'fitt
W4t Leonard
FAX O . 8 17/332-4740
CLIENTIFILB, NO: Mira Mm/Hawkins
,
TOTAT, NLrf\ PAGES , TNC UDNG C OWR SI -MET ..
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1
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THIS TR.ANSNESSION IS SUBMITTED,
x FOR YOUR F x FOR YOU E4FOkMATION
FOR YOUR APPROVAL FOR YOUR R 1
x FOR YOUR RESPONSE F ER YOUR REQUEST
C NMMNT S t +
S ee following..
'I-
01UGINAL IS BEING SENT VIA MAIL
x
IS NOT
'PRIVILEGED AND C NYMENTIAL INF03RMATION INTZKOPED ONLY 'Polk TJU INDWMUA OR
EN TITY NAMID A VR. IF THI Di READER OF THIS M SSA G..t IS NOT TffZ INTENDED RES IPJZN T,
OR THE EMLOYtE OR A T RE PONSWLE FOR OT LMRwlr TO THE INTENDED RE CVM
OU ARE UnEY NOTIFMD TBAT ANY E;IM7A t D ISTRIBUTION OR COPYJN Q OF THIS
CO MMUNICATION ANYRROR. IF YOU HAVF, RECEWED ' S F. IN ERROR IFLEA
1A MY - MATELY NOMY THIS OFFICE 13Y COLLECT TEI1 PH NE CALL AND RETURIN TW
O RIGINAL MES AG THE OYFICE ADDRESS ABOVE BY U.S. POSTAL SER'V
CW 'HERE AYS-e ANY PRO WS IA71TH TIES TRANSNET AL PLEASE CONTACT
' A T 817/335-6538,
W W, LEoNARD
A:70FB I SY AT LAm
ONE SUMMIT AVENUE
FORT WORTH, TIXAS M
My 17, 2008
Mr. Wye Olson
fir# David T. litter
Taylor, Olson., Adkins, - Sralla & Elam L . L.P.
6000 Western Place, Ste. 200
Fort Worms TX 76 1.07 - 4654
RE: Cause N o. 07
a . . Ci 11
Mira M r City of Copp e
D Faye & David;
1 7- 33 3 -6538
FAX 817 -335-0932
EMAIL li ra * juno. M
VU FAX #. 817/332-4740
First of aU, many thanks for the help ' gem p rompt respor�s o tie � � of
c olnpletion ft the ' ject TMs letter was absoluWy necemary foTthe closing with the paM who
.' is going to do most of the development in the, project and would bave res in grotesque
diffietdties with banks and otb.er narrow minded pies if we had not been able to carry it out.
The closing has been completed but there wm some hitches as a malt of various City
related issues. As I mentioned in my most recent conversations, the was a que stion by the
dcve- loper o ver what seemed to be s pmeded original ply forqome land,134aping o utside the walls
oft subdivision in an area m' which f & r a =me is were made to preserve trees, et cetera, and
which mould aj be qu ite invisible because of tt topography at the particular location. As a resull,
the p l an s f rom t wo 2 years ago were, we presumed, quite suprded by the tree mitigation
cement, et eewM wbi c would now require that these mitigated and presmed trees be removed
i n order to put in the land ping fe wns. Obviously this was put aside when we managcd to keep
the trees but the original 50mi ted plans still slowed that before Rrther arrangements were made.
,nfortunately, the engincurs fo the developer, also leery of what they perce-I'vc to bc om arbitiiry
a Wt u d e on the part oft the City, ha e e ud r ed that a very large sum be escrowed to cover tWs 10 case
the City should some decide to ddtnOli the trees and require the implementation ofthe original
superceded scheme,
The purpose of this ldt r 'IS to rclt r f my most jre nt co nversations - which David was
wo thror h the sysW - and request some sort of oo .r ation.tha�t the on plans had been
supr "de and d th ere is no nood to escro such funds. T his will allow theca to be released and
k eep them of o f the list ofthi that h ave gone wrong W this development Some sort of t iler, by
the to parties, addressed either t or to Mr., N wl� should do the trick. If the ti e
�p � p
�&, Wayne Olson & Mr. David T. Witter
July 17, 2008
Page
v o rnpmy bewmes exce"ively literal m inded, you. m ight put in laus that this may be shomm to
any title company that hw any questions.
Obviously, if there is any problem or conftion on this point please Icit nic know i-o e I can
find no t r gitima t arpretafl n of what haMmed other than that the original Plain wore
su aided iM order to pm ery - des and because of the actual/as built topography.
,Again, thanks for yoto help.
`Very tnily yours,
WALTER W. LEONE
WWLi d
cc; Jobn Hawkins