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ST8804-CS 910723-] U L -- 2 ~ -- 'B 1 T U E i i ; $ I A I_ L E I-I P F-: 0 F' E R T "~" C 0 P . 82 ALLEN PROPERTY CORPORATION 12770 COIT ROAD · SUITE 1215 · DALLAS, TEXAS 75251 Telephone 214-233-5771 / Fax 214-233.5881 July 23, 1991 VIA FACSIMILE Mr. AIan D. Ratliff City Manager City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Heartz Road Final Acceptance/Brick Pavers Dear Alan: During our conversation yesterday, we discussed Gary's comments in his July 18th letter that the marked-up copies of the construction drawings had instructed that the streetscape plan was to be followed in the Sandy Lake/Heartz Road Intersection area. I mentioned to you that the marked-up construction drawings were something that occurred in the review process and that our engineer had told me that he had responded directly to those mark-ups and indicated to the City that those requirements were not applicable in this case, after which the City approved the final plans without those requirements, You had asked if I had some written indication of that response from our engineer. Please find enclcsed memorandum from Dan Dowdey & Associates dated October 3, 1990 to the City, Bill Anderson tells me that this memorandum was given directly to Shohre even though she is not named in the memorandum. With respect to the sequence of events related to this subject, it appears they were as follows: 1, The Dowdey letter indicates that the City review of the Heartz plans originally took place around August ~0, 1990. I remember that at tMs time there were some delays in that Wayne Gin's office was involved In the ~'evlew, as well as the City Engineering staff, as well as the CMUD. 2. On August 27, 1990 t wrote my letter to you requesting certain confirmations with respect to the Heartz p~ans and the Park Place approval, including among those requests my paragraph no. 3 that the Heartz Plans be approved and my paragraph no, 7 that the Dowdey/Heartz plans represented all of the requfrements of the City for the construction of Heartz and its utilities. 3. The Dowdey letter dated October 3, 1990 addresses city mark-ups on streetscape and p,~;'ors on the south cnd of the.P-,rciect. ;,.,,~./~",~,,,,.,; ,.~,,~' ~, being those comments under Pavin0 Sheet 113. ~ U L -- 2 3-- B I T U E i ~: ~ 1._. A L L E t-I P R 0 P E R T ',' C 0 P . 0 ~ Mr, Alan D, Ratliff July 23, 1991 Page 2 4. Paragraph 8 of your October 5th letter to me responded to the requests included in my August 27th letter, and basically communicated that the Dowdey/Heartz plans did represent all of the requirements of the City except for the normal 12-month work guarantee would be required. Further, paragraph 4 of your October 51h letter stated that the Dowdey/Heartz plans were still under review and you were not quite yet in a position tO g(aut the request ti]at I n',ade in paragraph 3 of my August 27th letter. $, Paragraph 4 of your October 8, 1990 follow-up letter confirmed as of that date that the review of the Dowdey/Hearlz plans had been completed and that those plans were approved by the City. 6. Based partly on the assurances that we had received from the City we closed the land acquisition, which committed us to construct Heartz Road, on October 10, 1990. 7. On October 17, 1990, the City stamped the Heartz Road plans and delivered approved plans to us. As you know, those approved plans do not reflect any streetscape requirements or pavers at that intersection. With all due respect to Gary and to his Ju!y iSth letter, ! believe the preponderance of the information related to this indicates that the requirement for pavers should not be applied in this case. However, as I told you, I am not as concerned about the pavers per se, as I am with the concept of City requirements for Heartz that go beyond the approved plans and our letter agreements. In that respect I would very much appreciate a meeting, or some other means, to obtain a definitive understanding of exactly what is required for the completion of Heartz Road so we can promptly finish this project. Please call if you should have any questions. Yours very truly, Allen Property Corporation Michael R. Allen, President cc: Mr, Richard Dooley Mr, Gary Sieb Mr, Bill Anderson