Pecan Hollow-CS 901128 FILE COPY
November ?.8, 1990 =. ~:,''''-'':'-'-'''=--.
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Pecan Hollow Joint Venture :~ J~
16250 Dallas Parkway :'i\\ ' '
Suite 200 :-~ ~ W~ 1/,~
Dallas, Texas 75248 _.
RE: Pecan Hollow Development
Coppell, Texas
Dear Mr. Cameron:
This letter shall summarize the agreement which I believe
has been reached between us as to the channel widening and
excavation, and the construction of storm drainage facilitie~
the drainage channel along Lots 1 through 16 (inclusive), cf
Block C of the Pecan Hollow Addition to the City of Coppell,
Texas (the "Lots"), as addressed in my letter of May 21, 1990,
you. In return for your compliance with the covenants and
conditions as are set forth herein, ABQ Federal Savings Bank
("ABQ") does hereby authorize Pecan Hollow Joint Venture (PHJV~:
to enter upon ABQ's property contiguous to the Lots for the
purpose of widening and excavating the channel and for
constructing storm drainage facilities.
PHJV agrees (i) to widen and excavate the drainage
as described in Alternative No. 1 - Channel Widening and
Slope of the aforesaid letter and as is more particularly
forth (a) as Alternative No. 2 in the plans, prepared by Dar]
Dowdey & Associates, entitled "Channel Improvements North of
Pecan Hollow Add'n, Coppell, Dallas Co., Texas" dated 5-2-90
revised 5-4-90, and (b) on sheet 1 of 4 in the plans prepared
Dan M. Dowdey & Associates, entitled "Lot Grading Plans - Pecan
Hollow Addition" dated March, 1990 (collectively the "E×cavat~cn
Plans"); and (ii) to construct the proposed storm drainage
improvements (The "Storm Drain Improvements") ~ithin the draina~:o
channel as described (a) in the storm sewer construction plan~
for lines A, B, C, and C-l, for Pecan Hollow Addition as sho%..,~]
sheets 2, 3, and 6 dated March 1990, and bearing the seal of
M. Dowdey, Registered Professional Engineer and (b) in those
plans bearing the seal of Dan M. Dowdey, Registered Professiona!
Engineer, dated March, 1984, and being sheet SD-14 of the
Standard Construction Details - Storm Sewer entitled "Itead Wall
Details" (collectively the "Storm Drain Improvements Plans")
such design changes as are necessitated by (x) a 4:1 channel
slope, rather than the slopes as shown on such plans;
Mr. Doyle Cameror
November 28, 1990
Page 2
and (y) the orientation of the head walls at an angle to the
channel side slope (rather than perpendicular to the side slope
as shown on such plans). PHJV also agrees that the head walls at
storm drain discharge points should conform to or be slightly
recessed into the proposed south channel side slope to avoid
presenting an obstacle to drainage flow in the channel. The
channel widening and excavation and the construction of the Storm
Drain Improvements in accordance with the Excavation Plans and
Storm Drain Improvements Plans (with the aforesaid design and
orientation changes) are herein collectively referred to as the
"Drainage Work."
You agree that all Drainage Work shall be performed by you
or your subcontractors, agents, or employees or others under your
control and direction and that such Drainage Work shall be
performed at you sole cost and expense. You agree that you
not permit any mechanic's or materialman's lien to be filed
arising or resulting from the Drainage Work, which covers or
affects any portion of the property presently owned by ABQ, and
that if any such lien is filed, that within twenty (20) days
after ABQ notifies you of the existence thereof, you will obtain
a release of the prohibited lien, or provide a bond satisfactory
to ABQ, in its sole discretion, to pay the amount alleged to be
due by the holder of such lien.
You further agree that all Drainage Work shall be:
i) Performed without material deviation from the
Excavation Plans and Storm Drain Improvements Plans
(except for changes necessitated by the 4:1 channel
slope and orientation of the head walls at an ang]e~ ~
ii) Performed in a good, workmanlike manner;
iii) Diligently pursued to completion after being ccmmence~i~
and
iv) Performed without injury or damage to ABQ's property
located outside of the drainage channel (and if there
is any such damage that it will be repaired and/or
property restored immediately upon completion of the
Drainage Work).
After completion of the Drainage Work, you shall notify
who shall have the right, but not the obligation, to inspect
Drainage Work to insure that same has been completed in
accordance with the terms of this letter agreement. You agree tc
complete, reconstruct, or redo any Drainage Work that is found
not to have been constructed in accordance with this letter
agreement.
Mr. Doyle Cameror
November 28, 1990
Page 3
ABQ shall have no responsibility or liability for the design
or impact of the proposed storm drainage system or improvements
constructed to serve the Pecan Hollow Addition or otherwise in
connection with the plans and/or specifications and shall have no
responsibility or liability for the adequacy thereof or for the
construction of any improvements contemplated by such plans
and/or specifications. PHJV agrees to and shall indemnify and
hold harmless ABQ, its officers, agents, employees, and
successors and assigns of and from any liability, actions,
damages, lawsuits, including attorney's fees and court costs,
and/or claims or any character, type, or description (including,
without limitation, any and all claims for damages of every kind,
for injury to or death of any person or persons and for damage to
or loss of property) arising out of, attributed to, or in any way
connected with the Drainage Work.
Upon the execution and delivery of this letter agreement to
ABQ, you are authorized to enter upon ABQ's property contiguous
to the Lots to perform the work necessary to widen and excavate
the drainage channel. However, you have no authority to enter
upon said property (and it shall be a condition precedent to your
right of such entry) to perform the work of constructing the
proposed Storm Drain Improvements to be located in the drainage
channel until the following matters have been accomplished:
i) PHJV's execution and delivery to ABQ of storm drainage
easements covering the areas where the Storm Drain
Improvements are to be constructed and a reciprocal
drainage easement providing for the drainage flow along
the back 23 feet of the Lots (including the 15'
easement dedicated on the plat of the Pecan Hollow
Subdivision) in form and content acceptable to ABQ and
its legal counsel; and
ii) Revisions are made to the Pecan Hollow Home Owner's
Association documents providing for restriction on
grading and fence construction and for maintenance of
the drainage easements, etc., as are mutually
satisfactory to ABQ and PHJV and their respective
counsel.
Until the aforesaid two conditions have been satisfied, you
shall have no authority to proceed with the construction of the
Storm Drain Improvements on ABQ's property.
PHJV further agrees that within six (6) months after the
date of this letter agreement it shall have:
i) Completed the widening and excavation of the channel.
ii) Satisfied the conditions precedent to beginning
construction of the Storm Drain Improvements, and
Mr. Doyle Camero~
November 28, 1990
Page 4
iii) Completed construction of the Storm Drain Improvements.
If the foregoing correctly sets forth your understanding of
the terms of our agreement, please so indicate by signing this
letter hereinbelow, and returning same to me. When you have
signed this letter, it will represent the complete agreement
between us and no further formal contract will be necessary.
Very truly yours,
ABQ FEDERAL SAVINGS BANK
By: The Resolution Trust
Corporation, as Conservator
for ABQ Federal Savings Bank
BY: ... " ,~ ...... ,
S~L~fi'''stric~man; Senior
Vice President of ABQ
Federal Savings Bank and AGREED TO AND ACCEPTED:
Under Delegation of Authority
From Charles C. Mann, Managing PECAN HOLLOW JOINT
Agent of ABQ Federal Savings VENTURE
Bank, acting under authority of '"..,.
that certain delegation of .
authority dated August 20, By: O- ~
1990, from James D. Densmore, Authorized Venturer
Deputy Regional Director,
Western Region, The Resolution
Trust Corporation