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Alexander Ct-CS071128 (2)6000 WESTERN PLACE, SurrE 200 TELEPHONE: (817) 332 -2580 I -30 AT BRYANT -IRviN ROAD TOLL. FREE: (800) 318 -3400 T or lso A L ns Jwajam FORT WORTH, TEXAS 76107 -4654 FACSIMILE: (817) 332 -4740 EMAIL: TOASE @TOASE.COM DENTON: (940) 383 -2674 WEBSITE: WWW.TOASE.COM Attorneys Counselors DENTON METRo: (972) 434 -3834 DAVID T. RITTER dritter @toase.com November 28, 2007 Via Fax 817 - 335 -0932 Walt Leonard Attorney at Law One Summit Avenue, Suite 1010 Fort Worth, Texas 76102 Re: Alexander Court Development Status Mira Mar Development Corp. V. City of Coppell, Cause No. 07 -1151, 101" District Court, Dallas County, Texas Dear Mr. Leonard: I write in regard to Mira Mar Development Corporation's ( "Mira Mar "s) Alexander Court development. Notwithstanding Mira Mar's pending lawsuit, the City of Coppell's Engineering and Planning Departments remain committed to providing services to Mira Mar as required by law. However, given the current status of the development and the rapidly approaching deadlines, the City would like to both clarify its understanding of the project status and seek clarification of Mira Mar's intentions and position on the project status. I. Plat Submission Status The City's first concern is the status of the final plat submission. As Mira Mar is no doubt well aware, the Alexander Court Development preliminary plat was approved by the City Council of Coppell on June 12, 2007. By ordinance, the preliminary plat approval expires at the end of nine months, if a final plat has not been submitted for approval: After approval of a preliminary plat by the Planning and Zoning Commission, the same shall be forwarded to the City Council for consideration and approval or disapproval. The preliminary plat expires 9 months after City Council approval, unless a final plat for the property, consistent in all respects with the approved preliminary plat has been submitted for approval Subdivision Regulations of the City of Coppell, Texas, Sec. VIII. G. (emphasis added). W: \TMLIRP\Mira Mar Development \Letters\Leonard.DTR.01 November 28, 2007 Page 2 Given the nine month timetable mandated by the ordinance, Mira Mar's preliminary plat will expire on March 12, 2008. As of the date of this letter, no final plat has been submitted to the City's Planning Department. Please note that until the final plat has been approved, no building construction can take place. See Subdivision Regulations of the City of Coppell, Texas, Sec. XII, A.1. ( "Prior to authorizing construction, the City Engineer shall be satisfied that the following conditions have been met: (1) The Final Plat shall be completed to the requirements of the City Council at the time of approval. "). II. FEMA LOMR Status The second issue is the current status of Mira Mar's letter of map revision ( "LOMR ") request submitted to the National Flood Insurance Program ( "FIRM "), administered by the Department of Homeland Security's Federal Emergency Management Agency ( "FEMA "). The City's current understanding of the status is that Mira Mar's request for a LOMR modifying the existing Dallas County FIRM Panel 48113CO155J has been stayed by FEMA/NFIP per their letter dated October 24, 2007. As of the date of this letter, the City has not received any indication that the three documentary deficiencies cited by FEMA have been addressed. These areas are: A. The proper locations and alignment of Cross Sections 22600 - 30130; B. The topographic contour information used for the boundary delineations of the base (1- percent - annual- chance) flood for the entire revised reach; and C. All existing culvert(s) /structures, with type, size, and invert elevations. Please advise if Mira Mar or its consulting engineers have submitted the requested information and documents to FEMA/NFIP. Per FEMA regulations, the information and fees must be submitted within 90 days of the date of the letter, or all fees paid will be forfeited and the LOMR request will be dropped as an indefinitely inactive application. As noted previously in the City's Flood Plain Development Permit (071001NM), dated October 2, 2007, no permits will be permitted on Lots 11 -22, Block A until FEMA has approved the flood study. If Mira Mar's understanding of the Alexander Court status differs from the City's position, or if you have any other concerns, please do not hesitate to contact me. Sincere , David T. Ritter W: \TMLIRP\Mira Mar Deve lopment\Letters\Leonard.DTR.01 November 28, 2007 Page 3 DTR: dkf Enclosures 3316.064 bcc: Mike Milvo TML Intergovernmental Risk Pool 1821 Rutherford Lane, 1" Floor P.O. Box 149194 Austin Texas 78754 RE: Style: Mira Mar Development Corp. v. City of Coppell Cause No.: 07 -11511 TMLIRP Claim No: 0800140451 bcc: Vivyon Bowman Director of Admin- HR/Fund Contact City of Coppell 255 Parkway P.O. Box 9478 Coppell, Texas 75019 bcc: Jim Witt City Manager City of Coppell 255 Parkway P.O. Box 9478 Coppell, Texas 75019 bcc: Ken Griffin, P.E. Director of Engineering/Public Works City of Coppell 255 Parkway P.O. Box 9478 Coppell, Texas 75019 bcc: Robert Hager NICHOLS, JACKSON, DILLARD, HAGER &. SMITH, LLP 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 W: \TMLIRP\Mira Mar Development \Letters \Leonard.DTR.01 _ f j Cp/�• h y,� �j _ � � ��. � � U �� S '�._� � w -�= � 'l i� J1 - 1 � t �I � �. tom✓ O�`� i - 1,�±��v. - � �Z - v ®�F�' r,f� _'_6V �c�VJ" j6 ,ti,� CPU �"� _ � .F � .: r• . e .� �.'�"' ; ;t s ' - i• dl,.,dk� t 1 1 , -� ��-:�SaF'tT j Y k"� ! 1 ! - 2 24 VU ._Q � - 131-yo L