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Summit P2-CS 970819BRANCH PROPERTIES, INC. 1601 Elm, Suite 1700 Dallas, Texas 75201-7241 214-922-0125 August 19, 1997 City of Coppell PO Box 478 255 Parkway Blvd. Coppell TX 75019 Attn: Kenneth M. Griffin, City Engineer Re: The Summit at The Springs, an addition to the City of Coppell, :County of Dallas, Texas Dear Mr. Griffin: Pursuant to our recent telephone conversation, you will please find enclosed our check in the amount of $9,500.00 as our security deposit assuring the City of Coppell against any loss by reason of Branch Properties' failure to erect and maintain adequate erosion control structures to specifications as directed by the City. In support of the amount of the Security deposit, I furnish you herewith copy of the cover page, the signature page and the last page of Exhibit "K" of the construction contract between Branch Properties, Inc. (Owner) and Mario Sinacola & Sons, Inc. (Contractor) dated 9-6-96, covering infrastructure improvements for Summit at the Springs, an addition to the City of Coppell, Dallas County, Texas. You will please notice that the Schedule of Values as shown on the last page of Exhibit "K" under the topic Erosion Control shows a cost of $9,500.00 for erosion control for this project. Kenneth M. ~driffin August 19, 1997 Page 2 It is my understanding that at the expiration of two years, on the condition that Branch Properties, Inc. will have completed and paid for all necessary erosion control structures on this project, the enclosed security deposit will be returned to Branch Properties, Inc. I trust that this security deposit will satisfy the City's requirement with reference to the erosion control. If you have any questions or comments, please advise. Sincerely, Calvin B. Reeves /rd enclosures CONTRACT FOR INFRASTRUCTURE IMPROVEMENTS FOR SUMMIT AT THE SPRINGS CITY OF COPPELL, DALLAS, COUNTY, TEXAS SEPTEMBER 6, 1996 BETWEEN BRANCH PROPERTIES, INC. (OWNER) 1601 N. ELM STREET, SUITE 1700 DALLAS, TEXAS 75201 MARIO SINACOLA AND SONS, INC. (CONTRACTOR) P. O. BOX 248 LEWISVILLE, TX 75057-0248 er state require the application of the laws of such state. The parties hereto agree that venue for any action arising out of a breach of this Agreemem or relating to the Project shall be in Dallas County, Texas. 9.11 If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of the Agreement; and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Agreement. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. EXECUTED as of the day and year first herein set forth. Owner: BRANCH PROPERTIES, INC. By__ Name: Wayne Cherry Title: Vice President THE STATE OF TEXAS COUNTY OF DALLAS § This instrument was acknowledged before me on Oct. 15 , 199§ by Wayne Cherry Branch Properties Inc. , a Vice Pres±dent~n behalf of such corporation. 1~~ NOTARY PUBLIC I ~'' ~ .~I~ ~ I ~.~l~r~.-~'~ STATE OF TEXAS t No~bl~h ~d for the State of Tex~ f -*':,:~ ,,,,' COMM. EXP. 08/29/981 My Commission Expires: ~OLA Title ~_~~; & SONS, INC. of II ': J]~ EXHIBIT "K" SCHEDULE OF VALUES rb Inlet 1.00 EA 12. 4' x 4' Std. Drop Inlet (including riprap) 2.00 EA 13. Type "C" Hdwl. for 27" RCP 1.00 EA 14. Type "C" Hdwl. for 24" RCP 1.00 EA 15. Type "C" Hdwl. for 21" RCP 1.00 EA 16. Type "C" Hdwl. for 48" RCP !.00 EA 17. Type "C" Hdwl. for 42" RCp 2.00 EA 18. 3 - Grate Comb. Inlet !.00 EA Storm Sewer Total 1350.00 2500.00 600.00 550.00 500.00 950.00 800.00 2700.00 $ 1,350.00 $ 5,000.00 $ 600.00 $ 550.00 $ 500.00 $ 950.00 $ !,600.00 $ 2,700.00 $ 97,192.66 EROSION CONTROL I. Erosion Control i.00 LS 9500.00 $ 9,500.00 MAINTENANCE BOND 1. Maintenance Bond $ 8,540.00 PAVING, EXCAVATION, UTILITIES, EROSION CONTROL TOTAL $ 791,578.36 BRANCH PROPERTIES, INC. 2001 BRYAN, STE. 1500 DALLAS, TX 75201-3082 NCNB TO~.~I N~tioniil Bank Oalla~ Banking Cer~e~ 099 1401 Elm Street Dalbm, Texas 75202 1791 PAY TO THE ORDER OF CHECK NO. 32-2/1110 8-19-97 $9,500. O0 DATE AMOUNT City o~ Coppell ~.0. BOX 478 o'.'~a ~o, ooc. co ~us~ 255 Parkway Blvd. Coppe~[, ?X 75019 ,"00 & 79 &lee m: & & &OOO0 25m: BRANCH PROPERTIES, INC. DALLAS, TX 75201-3082 DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW IF NOT CORRECT. PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED DATE DESCRIPTION AMOUNT 8-19-97 Security Deposit BR 192-0005 9,500.00 CASH '034038 RECEIPT Date ~'~.~ -.=~..O .-~ "7 Received From ~--~ __~a..,..<...~ ~ . ACCOUNT HOW PAID I I I I ~q,'"' I .