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ST9902-ES100518T H E • C I T Y • O F COFFELL �y May 18, 2010 Joy H. Phillips, Esq. 5301 Spring Valley Rd. Suite 200 Dallas, TX 75254, Texas 75019 RE: W. Sandy Lake Road Reconstruction ST 99 -02 Parcel 1 — Alex & Martha Pier - 101 Cottonwood Drive Permanent Right of Way Dear Ms. Phillips: This letter is in response to your letter of December 2, 2009, and constitutes an offer from the City of Coppell to purchase property owned by Alex and Martha Pier. Parcel 1 consists of a variable width portion of the south side of the property located at 101 Cottonwood Drive totaling 21,510 square feet, as described in the attached exhibits. The city appreciates your willingness to work with us through this process, and we will continue to be available as issues arise during the construction phase of the project. This letter constitutes an offer from the City of Coppell for the acquisition of permanent Right of Way as follows: Parcel 1 1. Acquisition of Permanent Right of Way $88,406.10 (21,510sf * $4.11 /sf — original purchase price) 2. Tree Mitigation $5,200.00 ($100 /Caliper Inch — 24" Oak and Triple 6" Elm $500 each 36" Hackberry and14" Hackberry) Total: $93,606.10 In addition to the compensation listed above, the city will relocate the existing fence to the new property line. This work will take place during the construction of the roadway. The work will be completed to the mutual satisfaction of the city and the property owner, and paid for by the city. 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 As a part of the construction the city will be removing an existing driveway approach to the property. The city proposes to relocate this approach outside the limits of the intersection of Sandy Lake and Coppell Road. The approach will not be served by a median opening, and access will be to and from the westbound lanes only. The cost of this relocation will be paid by the city. As with most city projects, the city and/or the local utility providers will be performing any necessary relocation of utilities at no cost to the adjacent property owners. This includes public and private systems. This project will not adversely affect the existing drainage patterns across and adjacent to this property. The dedication of this Right of Way will not affect the ownership of mineral rights. If Mr. Pier is the current owner of those rights, he will retain them. 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 work performed by the City described herein for a period of two (2) years from the commencement of the work described herein. If the above offer is acceptable, please have your clients sign below and return the letter to this office. Once the letter is received, the process for payment of the $93,606.10 can begin. When the check is available, my office will schedule a time for the closing with Allegiance Title Company of Coppell, the fees for which will also be paid by the City. Your consideration of this matter is appreciated, and should you have any questions, please contact Keith Marvin at 972 - 304 -3681, or me. Sincerely, P Kenneth M. Griffin, P.E. Alex Pier Director of Engineering /Public Works Office: 972/304 -3686 Fax: 972/304 -7041 E -mail kgriffin c ,coppelltx.gov Martha Pier (Enclosures per previous offer letter dated April 19, 2010) (5/18/2010) Keith Marvin - RE: W. Sandy Lake Road Reconstruction /ST 99 -02 /Parcel 1 - Alex andMartha Pier - 101 Cottonvr�aigf'Cl.. From: Joy Phillips <JPhillips @fflawoffice.com> To: 'Keith Marvin' <kmarvin @coppelltx.gov> CC: 'Alex Pier' <alexpier @quality- fabrication.com >, "'ddodd @njdhs.com "' <ddo... Date: 5/18/2010 10:33 AM Subject: RE: W. Sandy Lake Road Reconstruction /ST 99 -02 /Parcel 1 - Alex andMartha Pier - 101 Cottonwood Drive Hi Keith: I just got off the phone with David Dodd, Counsel for the City. He has agreed to the language I proposed to be added to the Letter Agreement provided their is a 2 year time frame. Here is the language I suggest be added to the letter with the 2 year limitation added: "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 for a period of two (2) years from commencement of the work described herein." Let me know if you can revise and turn the letter around today or tomorrow. I will get it signed and back to you. Thanks very much. Joy PS Thanks David. Joy H. Phillips I Attorney Friedman & Feiger, LLP 1 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972 - 788 -1400 1 Direct Dial: 972 - 450 -7366 1 Fax :972- 776 -5313 I 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 (5/18/2010) Keith Marvin - RE: W. Sandy Lake Road Reconstruction /ST 99 -02 /Parcel 1 - Alex andMartha Pier -101 Cotton~[Z. same schedule, since it is ultimately the contractor that will be performing the work. Keith 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 I Attorney Friedman & Feiger, LLP 1 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972 - 788 -1400 1 Direct Dial: 972 - 450 -7366 1 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 (5/18/2010) Keith Marvin - RE: W. Sandy Lake Road Reconstruction /ST 99 -02 /Parcel 1 - Alex andMartha Pier - 101 Cotton~a_ J . Joy H. Phillips Joy H. Phillips I Attorney Friedman & Feiger, LLP 1 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972 - 788 -1400 1 Direct Dial: 972 - 450 -7366 1 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 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 I Attorney Friedman & Feiger, LLP 1 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254 Tel: 972 - 788 -1400 1 Direct Dial: 972 - 450 -7366 1 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.