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DR1101-CS120214 Page 1 of 3 Ken Griffin - FW: Access Agreement, Phase II From: Bill Walker <BWalker@Billingsleyco.com> To: Ken Griffin <kgriffin@coppelltx.gov>, Clay Phillips <CPHILLIPS@coppelltx... Date: 2/14/2012 9:02 AM Subject: FW: Access Agreement, Phase II FYI only … I’ll follow up with a phone call. Bill Walker Sr. Vice President of Development One Arts Plaza | 1722 Routh Street, Suite 1313 Dallas, Texas 75201 |Direct Dial 214-270-0983 We Partner in Creating Life—Enhancing Communities The information contained in this transmission may be privileged and confidential and is intended only for the use of the person(s) named above. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, any review, dissemination, distribution or duplication of this communication is strictly prohibited. From: Bill Walker Sent: Tuesday, February 14, 2012 8:54 AM To: 'McInroe, Patrick'; Kyle Ray '72 (kyle.ray@energyfutureholdings.com) Subject: FW: Access Agreement, Phase II The City of Coppell is trying to move forward and get their geotechnical work done so they can design the new spillway. Are all of these legal precautions truly necessary at this point? (see below) Bill Walker Sr. Vice President of Development One Arts Plaza | 1722 Routh Street, Suite 1313 Dallas, Texas 75201 |Direct Dial 214-270-0983 We Partner in Creating Life—Enhancing Communities The information contained in this transmission may be privileged and confidential and is intended only for the use of the person(s) named above. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, any review, dissemination, distribution or duplication of this communication is strictly prohibited. From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Tuesday, February 14, 2012 8:53 AM To: Lila Marsh Cc: Bill Walker; Clay Phillips; John Rutledge Subject: RE: Access Agreement, Phase II Ms. Marsh Freese and Nichols has completed their visual inspection of the Luminant property and are currently finalizing their report. The completed report should be provided to Vinson and Elkins L.L.P., per section 3 of the Access Agreement, in the next few days. To keep the project moving forward, there are two critical path items that the City of Coppell need to get moving forward on. One is the second phase of the access agreement and the other is written approval from Luminant to discuss this project with other agencies as noted in section 4 of the Access Agreement. file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2309C...3/27/2012 Page 2 of 3 In regards to the second phase of the Access Agreement, we have previously provided all information concerning the location and type of borings to be performed onsite. If any additional information is needed please let me or John Rutledge, of Freese and Nichols, know. Our goal is to expedite the second phase of the agreement such that we can schedule the contractor to access the site for borings in the first part of March. Regarding the Luminant approval, I'm unsure if you will advise them on allowing us to talk to other agencies or if we should contact Luminant directly. Section 3 states that we should not provide information to Luminant. However, section 4 c states that we should provide a "Disclosure Request" to Luminant prior to talking to other agencies. Part of the "Disclosure Request" will be the report that has been prepared from the site visit, which section 3 instructs us not to submit to Luminant. In order to expedite this project, please let me know the actual process we should follow and we will comply. Thanks for your help, Ken Griffin, P.E. Director of Engineering and Public Works >>> "Marsh, Lila" <lmarsh@velaw.com> 11/30/2011 2:48 PM >>> Thank you very much, Ken! Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel +1.214.220.7730 lmarsh@velaw.com From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Wednesday, November 30, 2011 2:34 PM To: Marsh, Lila Subject: RE: access agreement The contact person for Freese and Nichols is: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817-735-7284 jlr@freese.com Ken Griffin, P. E., CFM Director of Engineering & Public Works 972-304-3686 kgriffin@coppelltx.gov>>> "Marsh, Lila" <lmarsh@velaw.com> 11/30/2011 12:48 PM >>> Clay and Bob, could you please send me the name and email address for the contact person for Freese and Nichols to be inserted into the Access Agreement? Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel +1.214.220.7730 lmarsh@velaw.com From: McInroe, Patrick [mailto:Patrick.Mcinroe@luminant.com] Sent: Wednesday, November 30, 2011 12:07 PM To: Clay Phillips Cc: rhager@njdhs.com; Marsh, Lila Subject: RE: access agreement file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2309C...3/27/2012 Page 3 of 3 Sure - it's essentially the agreement draft before the inclusion of any boring activity, just leaving in the visual inspection(s). Lila - you agree? Regards, PJM From: Clay Phillips [mailto:cphillips@coppelltx.gov] Sent: Wednesday, November 30, 2011 12:08 PM To: McInroe, Patrick Cc: rhager@njdhs.com Subject: access agreement Patrick, Freese & Nichols would like to expedite their visual inspection of the property to begin any permitting processes that might be necessary to make any changes to the dam, spillway, etc... They are willing to hold off on the borings until a later date. Would this approach simplify the process to finalize the access agreement since no borings would be included in the initial agreement. Thanks! Clay Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. ___________________________________________________________________________________<HTML><BODY><HR> Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. <HR></body></html> ___________________________________________________________________________________ ___________________________________________________________________________________<HTML><BODY><HR> Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. <HR></body></html> ___________________________________________________________________________________ file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2309C...3/27/2012 Page 1 of 3 Ken Griffin - RE: Access Agreement, Phase II From:"Marsh, Lila" <lmarsh@velaw.com> To:"Ken Griffin" <kgriffin@coppelltx.gov> Date:2/14/2012 9:50 AM Subject:RE: Access Agreement, Phase II CC:"Bill Walker" <bwalker@billingsleyco.com>, "Clay Phillips" <CPHILLIPS@co... Ken, I will pass this information along to Luminant. Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel +1.214.220.7730 lmarsh@velaw.com From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Tuesday, February 14, 2012 8:53 AM To: Marsh, Lila Cc: Bill Walker; Clay Phillips; John Rutledge Subject: RE: Access Agreement, Phase II Ms. Marsh Freese and Nichols has completed their visual inspection of the Luminant property and are currently finalizing their report. The completed report should be provided to Vinson and Elkins L.L.P., per section 3 of the Access Agreement, in the next few days. To keep the project moving forward, there are two critical path items that the City of Coppell need to get moving forward on. One is the second phase of the access agreement and the other is written approval from Luminant to discuss this project with other agencies as noted in section 4 of the Access Agreement. In regards to the second phase of the Access Agreement, we have previously provided all information concerning the location and type of borings to be performed onsite. If any additional information is needed please let me or John Rutledge, of Freese and Nichols, know. Our goal is to expedite the second phase of the agreement such that we can schedule the contractor to access the site for borings in the first part of March. Regarding the Luminant approval, I'm unsure if you will advise them on allowing us to talk to other agencies or if we should contact Luminant directly. Section 3 states that we should not provide information to Luminant. However, section 4 c states that we should provide a "Disclosure Request" to Luminant prior to talking to other agencies. Part of the "Disclosure Request" will be the report that has been prepared from the site visit, which section 3 instructs us not to submit to Luminant. In order to expedite this project, please let me know the actual process we should follow and we will comply. Thanks for your help, Ken Griffin, P.E. Director of Engineering and Public Works >>> "Marsh, Lila" <lmarsh@velaw.com> 11/30/2011 2:48 PM >>> Thank you very much, Ken! Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel +1.214.220.7730 lmarsh@velaw.com From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Wednesday, November 30, 2011 2:34 PM To: Marsh, Lila Subject: RE: access agreement file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2E78C...3/27/2012 Page 2 of 3 The contact person for Freese and Nichols is: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817-735-7284 jlr@freese.com Ken Griffin, P. E., CFM Director of Engineering & Public Works 972-304-3686 kgriffin@coppelltx.gov>>> "Marsh, Lila" <lmarsh@velaw.com> 11/30/2011 12:48 PM >>> Clay and Bob, could you please send me the name and email address for the contact person for Freese and Nichols to be inserted into the Access Agreement? Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201-2975 Tel +1.214.220.7730 lmarsh@velaw.com From: McInroe, Patrick [mailto:Patrick.Mcinroe@luminant.com] Sent: Wednesday, November 30, 2011 12:07 PM To: Clay Phillips Cc: rhager@njdhs.com; Marsh, Lila Subject: RE: access agreement Sure - it's essentially the agreement draft before the inclusion of any boring activity, just leaving in the visual inspection(s). Lila - you agree? Regards, PJM From: Clay Phillips [mailto:cphillips@coppelltx.gov] Sent: Wednesday, November 30, 2011 12:08 PM To: McInroe, Patrick Cc: rhager@njdhs.com Subject: access agreement Patrick, Freese & Nichols would like to expedite their visual inspection of the property to begin any permitting processes that might be necessary to make any changes to the dam, spillway, etc... They are willing to hold off on the borings until a later date. Would this approach simplify the process to finalize the access agreement since no borings would be included in the initial agreement. Thanks! Clay Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. ___________________________________________________________________________________<HTML><BODY><HR> Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2E78C...3/27/2012 Page 3 of 3 CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. <HR></body></html> ___________________________________________________________________________________ ___________________________________________________________________________________<HTML><BODY><HR> Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. <HR></body></html> ___________________________________________________________________________________ ___________________________________________________________________________________<HTML><BODY><HR> Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. <HR></body></html> ___________________________________________________________________________________ file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPgrpwise\4F3A2E78C...3/27/2012