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ST9902-ES100510 (8/25/2011) Keith Marvin - RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex andMartha Pier - 101 Cottonwood D...Page 1 From: Joy Phillips <JPhillips@fflawoffice.com> To: 'Keith Marvin' <kmarvin@coppelltx.gov> CC: 'Alex Pier' <alexpier@quality-fabrication.com> Date: 5/10/2010 11:47 AM Subject: RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex andMartha Pier - 101 Cottonwood Drive Keith: Thank you for the update. I appreciate your taking the time. We are ready to move forward as soon as this issue is resolved. Let me know. Thank you. Joy Joy H. Phillips | Attorney Friedman & Feiger, LLP | 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972-788-1400 | Direct Dial: 972-450-7366 | Fax :972-776-5313 | jphillips@fflawoffice.com | http://www.fflawoffice.com CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information contained in this email is intended for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (972-788-1400), and destroy the original message. Thank you. -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Monday, May 10, 2010 11:43 AM To: Joy Phillips Cc: 'Alex Pier' Subject: RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex andMartha Pier - 101 Cottonwood Drive Joy, I'm sorry, I was out of the office on Thursday and Friday. I did not get a chance to discuss this on Wednesday with our attorney. I will try to get with him today or tomorrow to discuss it. We will likely ask to limit the indemnification to a period of time. We typically have a two year maintenance period tied to our contracts, during which time the contractor is responsible to remedy any problems that arise as a result of the construction. It would make sense to tie these two items to the same schedule, since it is ultimately the contractor that will be performing the work. Keith (8/25/2011) Keith Marvin - RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex andMartha Pier - 101 Cottonwood D...Page 2 Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> Joy Phillips <JPhillips@fflawoffice.com> 5/7/2010 3:09 PM >>> Keith: Any word on my proposed language? Thank you. Joy Joy H. Phillips Joy H. Phillips | Attorney Friedman & Feiger, LLP | 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972-788-1400 | Direct Dial: 972-450-7366 | Fax :972-776-5313 | jphillips@fflawoffice.com<mailto:cwomack@fflawoffice.com> | http://www.fflawoffice.com<http://www.fflawoffice.com/> CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information contained in this email is intended for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (972-788-1400), and destroy the original message. Thank you. -----Original Message----- From: Joy Phillips Sent: Tuesday, May 04, 2010 5:31 PM To: 'kmarvin@coppelltx.gov' Cc: 'Alex Pier' Subject: RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex and Martha Pier - 101 Cottonwood Drive Keith: Thank you for speaking with me today. Here is the language I suggest be added to the letter. Please run it by your Counsel. Let me know if we can wrap this up this week. The City agrees to indemnify and hold Alex and Martha Pier, their heirs successors and assigns, harmless from any and all liabilities, injuries, damages, causes of action, demands, costs, and expenses which relate to, arise from, or are in any manner connected to or as a result of the work performed by the City described herein. Thanks very much. Joy Joy H. Phillips Joy H. Phillips | Attorney Friedman & Feiger, LLP | 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972-788-1400 | Direct Dial: 972-450-7366 | Fax :972-776-5313 | (8/25/2011) Keith Marvin - RE: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex andMartha Pier - 101 Cottonwood D...Page 3 jphillips@fflawoffice.com<mailto:cwomack@fflawoffice.com> | http://www.fflawoffice.com<http://www.fflawoffice.com/> CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information contained in this email is intended for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (972-788-1400), and destroy the original message. Thank you. -----Original Message----- From: Joy Phillips Sent: Tuesday, May 04, 2010 4:23 PM To: 'kmarvin@coppelltx.gov'; Ken Griffin Cc: 'Alex Pier' Subject: W. Sandy Lake Road Reconstruction/ST 99-02/Parcel 1 - Alex and Martha Pier - 101 Cottonwood Drive Gentlemen: I am in receipt of the City's last Offer via letter from Kenneth M. Griffin dated April 19, 2010. The only issue remaining is whether or not the City will indemnify my clients regarding the work described in the letter, and if so, please add language to that effect to the letter. My client's are ready to sign pending this issue. Please advise so that we can move forward towards closing and payment. Thank you. Joy Joy H. Phillips Joy H. Phillips | Attorney Friedman & Feiger, LLP | 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972-788-1400 | Direct Dial: 972-450-7366 | Fax :972-776-5313 | jphillips@fflawoffice.com<mailto:cwomack@fflawoffice.com> | http://www.fflawoffice.com<http://www.fflawoffice.com/> CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information contained in this email is intended for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (972-788-1400), and destroy the original message. Thank you.