Alexander Ct-CS0807252010) Ken Griffin - Re: Fwd: FW: TMLIRP: Mira Mar Page 1
From: Keith Marvin
To: Griffin, Ken
Date: 7/25/2008 1:23 PM
Subject: Re: Fwd: FW: TMLIRP: Mira Mar
Mike and Marcie met with David on Wednesday to discuss this landscape issue. As I understand it David was going to reply
that they would need to submit a revised landscape plan for consideration.
Keith
>>> Ken Griffin 7/25/2008 12:18 PM >>>
Keith
Here's some coorespondance that goes with the last email.
kg
2010) Ken Griffin - Re: FW: TMLIRP: Mira Mar Page 1
From: Ken Griffin
To: ddodd @njdhs.com
CC: Keith Marvin,Clay Phillips,Gary Sieb
Date: 7/25/2008 12:16 PM
Subject: Re: FW: TMLIRP: Mira Mar
David
We have been doing some surveying along Bethel Road recently to tie down the elevation of the new wall
and the proposed street. It appears that most if not all of the trees along Bethel will have to come out to
provide correct drainage. We have been exploring some options that maybe could save some of the
trees, but it would take installing drainage systems along the wall. The problem is that the foot of the of
the new wall is slightly above the top of curb of the proposed road and all the saved trees are on an
elevated mound between the two. In essence, any water that fell between the wall and the trees (if they
remain) would be trapped. It can't flow through the wall and it can't flow through the mound with trees.
Until we have a solution, I wouldn't throw out the landscape plan. There might be some middle ground
where the developer built the drainage system and we eliminated some of the landscaping. Just my
thoughts. We probably need to all sit down and discuss this issue soon.
Ken Griffin
>>> "David Dodd" <ddodd @njdhs.com> 07/21/08 11:34 AM >>>
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
* *Information contained in this transmission is attorney privileged and
confidential. It is intended for the use of the individual or entity
named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copy of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by
telephone.
- - - -- Original Message---- -
From: David T. Ritter [mailto:dritter @toase.com]
Sent: Monday, July 21, 2008 11:15 AM
2010) Ken Griffin - Re: FW: TMLIRP: Mira Mar Page 2
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.
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
Page 1 of 1
Ken Griffin -Mira Mar Landscape Plan
From: "David Dodd" <ddodd @njdhs.com>
To: "Clay Phillips" <CPHILLIP @ci.coppell.tx.us >, "Marcie Diamond"
<mdiamond @ci.coppell.tx.us >, "Ken Griffin" <kgriffin @ci.coppell.tx.us >,
"David T. Ritter" <dritter @toase.com>
Date: 7/25/2008 9:49 AM
Subject: Mira Mar Landscape Plan
spoke with Walt Leonard this morning re: the landscape plan. I told him we need a new landscape plan that
shows what Mira Mar wants the landscape plan to be. I also told him we need a letter from Weekly authorizing
Hawkins to speak for them. Walt did not think that would be a problem. Walt said that Weekly has not purchased
everything yet. He was not sure what portion they have purchased. I told him we need to know who owns which
portion so we know who has authority to change plans or develop the property.
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
* *Information contained in this transmission is attorney privileged and confidential. It is intended for
the use of the individual or entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or copy of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us by
telephone.
file: HC: \Documents and Settings \radloo \Local Settings\ Temp \XPgrpwise \4889A199City_o... 2/22/2010
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