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Summit P2-CS 970724 (2)BRANCH PROPERTIES, INC. 1601 Elm, Suite 1700 Dallas, Texas 75201-7241 214-922-0125 July 24, 1997 City of Coppell PO Box 478 255 Parkway Blvd. Coppell TX 75019 Attention: 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: It has come to the attention of Branch Properties, Inc., the developer of the captioned project (herein called "the Developer") three matters which require immediate attention before the City of Coppell will issue building permits in the development. The Developer proposes to bind and obligate itself to: Construct a sidewalk to specifications required by City of Coppell across the accessway between Lots 31 and 34, Block B, Phase II of the Development, commencing at Edmondson Drive and extending northwesterly to the Common Area designated as Lot 32X. Construct a retaining wall, built to the specifications required by City of Coppell, along the alley between Lexington Avenue and Armstrong Blvd., at the point where the drainage easement extends between Lots 19 and 20, Block C, Phase I of the Development. City of Coppeil July 24, 1997 Page 2 Erect erosion control structures at such points and to such specifications as the developers engineer directs and to the satisfaction of the City of Coppell and provide erosion control bonds, or other security satisfactory to the City of Coppell. To assure the City of Coppell that Branch ' Properties, Inc., does in fact immediately commence construction as required above, Baptist Foundation of Texas, the owner of all of the outstanding shares of Branch Properties, Inc., unconditionally guarantees that the construction will be completed according to specifications required by the City of Coppell and agrees that no certificates of occupancy will be requested or granted until such time as Items 1-3 have been completed, and further that Baptist Foundation of Texas agrees hereby to indemnify and hold the City of Coppell harmless against any costs of construction thereof, should for any reason the City of Coppell deem it necessary to take over construction of all or any part of the aforementioned items. BRANCH PROPERTIES, INC. Wayne Cherry, Vice l~resident AS PRINCIPAL BAPTIST FOUNDATION OF TEXAS ' wa(gne Cherry, Vice ~rresident AS GUARANTOR