Town Center L1B1-CN 950421 SECOND AMENDMENT TO CONTRACT OF SALE
This Second Amendment to Contract of Sale ("Second Amendment") is made and entered
into, by and between The Parks of Coppell Trust (the "Trust"), a Texas trust, and the City of
Coppell (the "City"), a municipal corporation and political subdivision of the State of Texas.
RECITALS
WHEREAS, on December 30, 1982, the Parks of Coppell Joint Venture II CPCJV II")
and the City entered into the Original Agreement (hereinafter defined); and
WHEREAS, on January 27, 1987, PCJV II and the City entered into the First Amendment
(hereinafter defined); and
WHEREAS, the Trust is the successor to the rights of PCJV II under the Existing
Agreement (hereinafter defined) insofar as the Existing Agreement affects the Trust Lands
(hereinafter defined); and
WHEREAS, the City Planning and Zoning Commission recommended denial of a Special
Use Permit for a restaurant for the "Wendy's Site" (hereinafter defined); and
WHEREAS, the City Council denied the request for a Special Use Permit for the Wendy's
Site after receiving the recommendation from the Planning and Zoning Commission; and
WHEREAS, by the Notice Letter (hereinafter def'med), the Trust notified the City that the
City had breached the City's duties, obligations and agreement under the Existing Agreement;
mad
WHEREAS, pursuant to paragraphs 3 and 24 of the First Amendment, the City had 90
days after the delivery of the Notice Letter to cure the breaches of the Existing Agreement
specified in the Notice Letter, and if the City did not cure such breaches of the Existing
agreement within such time period, the Trust would have the right to seek enforcement of one
of the remedies specified in paragraph 4 of the First Amendment; and
WHEREAS, bonafide disputes and controversies exist between the parties, both as to
liability and the amount thereof, and the City and the Trust desire to compromise and settle all
claims and causes of action of any kind whatsoever which the parties have arising out of the
Alleged Breaches (hereinafter defined), and intend the full terms and conditions of the
compromise settlement to be set forth in this Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises and agreements
contained in this Agreement, the sufficiency of which are hereby acknowledged by the Trust and
the City, the Trust and the City agree as follows:
Second Amendment to Conlract of Sale 1 AGG06AAE
1. Certain Definitions As Used in This Second Amendment. The following terms
shall have the following meanings set forth unless the context clearly indicates otherwise.
a. "Original Agreement" shall mean that certain Contract of Sale, dated
December 30, 1982, between PCJV II and the City, pursuant to which
PCJV II agreed to sell to the City, and the City agreed to purchase from
PCJV Il, a Municipal Center Site and Phase I of a Park Site.
b. "First Amendment" shah mean that certain Amendment to Contract of
Sale, dated January 27, 1987 between PCJV II and the City, amending the
Original Agreement.
c. "Existing Agreement" shall mean the Original Agreement as amended by
the First Amendment.
d. "Trust Lands" shall mean those certain lots, tracts or parcels of land
described on attached Exhibit "A".
e. "Agreed Area" shall mean that portion of the Trust Lands which is cross-
hatched, and designated as "the agreed area" on the Site Plan attached
hereto as Exhibit "B".
f. "Notice letter" shall mean that letter dated January 26, 1995 from Harry
M. Hargrave, Trustee of the Trust, addressed to the City, notifying the City
that the City had breached the City's duties, obligations, and agreements
under the Existing Agreement in the following ways: (i) the addition of
the special use permit requirement for restaurant development in the "TC"
Town Center zoning district without the Trust's prior written consent; (ii)
requiring the Trust to obtain a special use permit for development of a
restaurant on the Wendy's Site; (iii) the denial of a plat application for the
Wendy's Site by the City's Planning Commission for the reason that the
restaurant use "did not fit the intended use for the Town Center"; and (iv)
the denial of a special use permit by the City's Planning and Zoning
Commission and City Council for a restaurant use of the Wendy's Site.
A true and correct copy of the Notice Letter is attached hereto as Exhibit
IICll'
g. "Wendy's Site" shall mean that site. located within the Trust Lands
described on attached Exhibit "D".
h. "Restaurant Pad Sites" shall mean the two pad sites within the Agreed
Area, the specific location of which is to be established by legal
description in a separate instrument to be incorporated herein by reference
Second Amendment to Contract of Sale 2 ^Gaoanta~
upon the issuance of a building permit for each respective site.
i. "Alleged Breaches" shall mean the alleged breaches by the City of the
City's duties, obligations and agreements under the Existing Agreement
described in the Notice Letter.
2. City Obligations. The City agrees that the Trust shall be entitled to construct and
operate a restaurant with drive-through window service upon each of the two "Restaurant Pad
Sites" without any requirement that a Special Use Permit be obtained from the City. After the
Trust has identified the locations of the two (2) "Restaurant Pad Sites" and such sites have been
platted, if necessary, the City Council shall pass a resolution directing the building official to
issue building permits for the construction of the two restaurants with drive-through window
service upon the applicable "Restaurant Pad Sites" provided the Trust has complied with the City
ordinances for the issuance of the building permit. Thereafter the City shall not be required to
approve any other building permits or issue any certificates of occupancy for any other
restaurants with or without drive-through window service at any other locations within the
Agreed Area unless such restaurants with drive-through window service comply with all of the
then applicable ordinances of the City. Once the locations of the "Restaurant Pad Sites" have
been established and the building permits issued, the City agrees that the owner(s)/operator(s)
of the "Restaurant Pad Sites" shall continue to have the right from time to time to construct and
operate restaurants with drive-through window service upon the "Restaurant Pad Sites" without
any requirement that a Special Use Permit be obtained from the City even after use of one or
both of the "Restaurant Pad Sites" has been changed to other use(s) if the owner(s)/operator(s)
of one or both of the "Restaurant Pad Sites" wish to resume use of one or both of the "Restaurant
Pad Sites" as a restaurant with drive-through window service.
3. Wendy's Site. The City agrees that the Wendy's Site may be one of the two
"Restaurant Pad Sites" and that no Special Use Permit shall be required as a condition to the
issuance of a building permit or certificate of occupancy with respect to the construction of a
restaurant with drive-through window service on the Wendy's Site. The City further agrees to
approve the plat for the Wendy's Site provided such plat complies with state law and the
applicable ordinances of the City.
4. Consent/Notice Letter. Conditioned, and in reliance upon the City's compliance
with the City's Agreements contained in Paragraphs 2 and 3 of this Second Amendment and
subject to the provisions of Paragraph 5 of this Second Amendment, the Trust hereby agrees as
follows:
a. The Trust hereby consents in writing to the changes in the Zoning Plan
since the execution of the Existing Agreement consisting of the addition
of the Special Use Permit requirement for restaurant development in the
"TC" Town Center Zoning District and the landscape requirements for
"TC" Town Center Zoning District, with respect to all of the Trust Lands
Second Amendment to Contract of Sale 3
other than the Restaurant Pad Sites within the Agreed Area.
b. The Trust agrees not to seek enforcement of any of the remedies specified
in paragraph 4 of the First Amendment because of the Alleged Breaches
and does hereby release, acquit, and forever discharge the City, its officers,
agents, and employees, and all persons, natural or corporate in privity with
them, or any of them, from any and all claims or causes of action of any
kind whatsoever, at common law, statutory, or otherwise which the Trust
has or might have, known or unknown, now existing or that might arise
hereafter, directly or indirectly, due to or arising out of the Alleged
Breaches, it being intended to release all claims of any kind which the
Trust might have against those hereby released, whether or asserted or not.
5. Aexeements are Conditional. If the City fails or refuses to comply with the City's
Agreements contained in Paragraphs 2 and 3 of this Second Amendment, the Trust's consent to
the addition of the Special Use Permit requirement for restaurant development in the "TC"-Town
Center Zoning District and the landscape requirement for the "TC" Town Center Zoning District
with respect to all the Trust lands other than the Restaurant Pad Sites shall automatically be void.
The Trust does not waive any right to seek enforcement of any remedies contained in paragraph
4 of the First Amendment, nor does it waive any claims for any damages which may arise from
any breaches of the City's duties, obligations or agreements under the Existing Agreement. The
City agrees that: (i) that the Trust's consent to the addition of the Special Use Permit
requirements for restaurant development and the landscape requirements in the "TC" Town Center
Zoning District with respect to all the Trust Lands other than the Restaurant Pad Sites in the
Agreed Area is conditioned upon the City's compliance with the City's agreements contained in
Paragraphs 2 and 3 of this Second Amendment and should the City fail or refuse to comply with
the City's agreements contained in Paragraphs 2 and 3 of this Second Amendment, such consent
shall automatically be void; (ii) that the Trust's agreement not to seek enforcement of any of the
remedies specified in paragraph 4 of the First Amendment and to release and discharge the City
from any claims arising out of the Alleged Breaches, is conditioned upon and automatically shall
be void if the City fails to or refuses to comply with the City's agreements contained in
Paragraphs 2 and 3 of this Agreement; (iii) that the Trust's agreement not to seek enforcement
of any of the remedies contained in paragraph 4 of the First Amendment because of the Alleged
Breaches, does not pertain to any other breaches by the City under the Existing Agreement; (iv)
that in the event the City fails or refuses to comply with the City's agreements contained in
Paragraph 2 and 3 of this Second Amendment, the Trust shall have the right to seek enforcement
of the remedies contained in paragraph 4 of the Second Atnendment, provided, however, the
Trust has given the City written notice and an opportunity to cure as set forth in Paragraph 6 of
this Second Amendment.
6. Notice and cure. If the City fails or refuses to comply with any of the City's
agreements contained in Paragraphs 2 and 3 of this Second Amendment, the Trust shall not have
the right to seek enforcement of the remedies contained in Paragraph 4 of the Second
Second Amendment to Con~act of Sale
Amendment unless the applicable agreement remains unperformed for sixty (60) days after the
delivery of written notice thereof from the Trust to the City. With respect to the City's failure
or refusal to comply with the City's agreements contained in Paragraphs 2 and 3 of this Second
Amendment, the Trust shall be required to give only the notice required by this paragraph and
not the notice required by the Existing Agreement.
7. Continuation. Both the city and the Trust acknowledge and agree that the Existing
Agreement, as amended by this Second Amendment, is and shall remain in full force and effect.
8. No Implied Amendment. Except as expressly amended by this Second
Amendment, the Existing Agreement and all duties, obligations and agreements of the parties
thereto thereunder are and shall remain in full force and effect as originally written.
9. Authority. The Trust agrees to furnish the City with evidence that the execution
of this Second Amendment by the Trustee of the Trust is duly authorized and that this Second
Amendment is binding upon the Trust. The City agrees to furnish Trust with evidence that the
execution of this Second Amendment by the Mayor on behalf of the City has been duly
authorized by all required municipal action and that this Second Amendment is binding upon the
City.
10. Notice. Any notice or communication required between the Trust and the City or
permitted pursuant to the Existing Agreement or this Second Amendment shall be given in
writing, sent by United States mail, postage prepaid, registered or certified mail, return receipt
requested, addressed as follows:
To the Trust: The Parks of Coppell Trust
12221 Merit Drive, Suite 1750
Dallas, Texas 75251-2252
Attn: Harry M. Hargrave, Trustee
To City: City of Coppell
P. 0. Box 478
Coppell, Texas 75019
Attn: City Manager
or to such other address or to the attention of such other person as hereafter shall be designated
in writing by the applicable party. Any such notice or communication shall be deemed to have
been given as of the date of deposit in the United States mail.
11. Time of Essence. Time is important to both the Trust and the City in the
performance of the terms and conditions contained in the Existing Agreement and this Second
Amendment, and they have agreed that strict compliance is required as to any date set forth
therein or herein. If the final date of any period which is set forth in any term or provision of
Second Amendment to Contract of Sale 5 ^c, ao6na~
the Existing Agreement or this Second Amendment falls upon a Saturday, Sunday or legal
holiday under the laws of the United States or the State of. Texas, then, and in such event, the
time of such period shall be extended to the next day which is not a Saturday, Sunday or legal
holiday.
12. Severability. If any term or provision of the Existing Agreement or this Second
Amendment is held to be illegal, invalid or unenforceable, the legality, validity and enforceability
of the remaining terms and provisions of the Existing Agreement and/or this Second Amendment
shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or
provision, there shall be added automatically to the Existing Agreement and/or this Second
Amendment a legal, valid and enforceable term or provision as similar as possible to the term
or provision declared illegal, invalid or unenforceable.
13. No Waiver. No failure by the Trust or the City to insist upon the strict
performance of any duty, obligation or agreement contained in the Existing Agreement or in this
Second Amendment under any circumstance shall constitute or be deemed a waiver or estoppel
of the right to later insist upon the strict performance of the same duty, obligation or agreement
under the same or other circumstances. Neither the Trust nor the City shall be deemed to have
waived the strict performance of any duty, obligation or agreement contained in the Existing
Agreement or in this Second Amendment unless such waiver is in writing signed by the party
waiving such duty, obligation or agreement.
14. Incomoration/Exhibits. All exhibits to this Second Amendment are incorporated
herein by reference for all purposes.
15. Complete Aereement. The Existing Agreement as amended by this Second
Amendment embodies the complete agreement between the Trust and the City with respect to
the subject matter thereof and cannot be varied or amended except by an instrument executed by
both the Trust and the City.
16. Bindin~ Effect. The Existing Agreement as amended by this Second Amendment
shall be binding upon and inure to the benefit of the Trust and the City and their respective
successors and assigns.
17. Governing Law. The Existing Agreement and this Second Amendment shall be
governed by the laws of the State of Texas and venue for any action concerning this Agreement
shall be in Dallas County, Texas.
Second Amendment to Contract of Sale
Executed the ,.-.2 ./!.'~;' day of /: ,' · ~ '[ , 1995.
TRUST: CITY:
The Parks of Coppell Trust City of Coppell
'~f "~" j~. ~ , - !. -
By: - ~-._ ....... .-.'."' '-,.-t::~_.-_~. :.-_, :.. - By: ' / ;'., .........
!
Harry.l~I. Hargrave, Mayor
Trustee
Second Amendment to Contract of Sale 7 AaC~AAe
EXHIBIT A
BOt~DARY DESCRIPTION
T ~.%CT I
BEING a :ra~ Of land situs=ed in the B.A. & M.G.~.R. Survey,
Abstract ~o. 1430 in the Ctty of Copse11, Dallas County, Texas_an~
being Dar~ o5 a tract of land ss described In deed from ~ooa
Ftnanc{a% Co~l~o=~tiou ~o ~. Douglas A~kin$, Trustee, as r~cor~d
Vol~e 76188, Page 2355 of ~e D~ed Record~ of Dallas County, Texas
and being more particularly described as follows=
BE~I~I~ a= a ~" iron rod for corner ac =he intersection of
the southeasterly llne o~ Parkway Bo~[ev~rd (an 88 ~oot right-of-
way) widths westerly 1Xne of Heac=z Road (a vari~le w~d=h
of-way);
T~NCE 8. ~4'13'$0" E., 34.13 ~eet along the s~!d wes~er%y
l~e og Hear:z Road (a 60 fcc= righ=-of~ay} 2o a B" i=on rod for
co,er, said point being in a ~rve to ~e right r~ing in a
s~u~herly d~=ec:ion ~d having a cant=al an~le of 21'56'42"
=adius of 179.09 feet and a chord bearing of S. 12'21'10"
T~CE alon~ said cu~e, ~d the said weanerl~ line of Neartz
Road, 68.59 feet to the end of said curve, a h" iron rod
co.eT;
T~CE ~. 0~'22'49" E., 329.11 fee~ continuing along the said
westerly line off Hea~tz ~oad to a ~" iron rod fo~ co,ne=, said
point being ~he northeast corns: of Heaztz Road Elementary School,
an addition to the City of ~ppel! as recorded in Vol=me
~lementary S=hool to a ~" iron rod for corner, said point being the
mo~t no~h,=ly not,wes% corner of Hea=tz Road Elementary School
and also being a poin~ on the east l~ne of City of Co~e11, City
Ha~!
T~N~ N. 01"~2'49" W., ~53.94 ~eet ~long said east line of
City of CoDDeI1, C~tF Hail to a ~" ~ron rod ~o= Corner on the said
~ou%heast~rky line o~ Parkway Boulevard, said poin= being in a
curve to the le~t ~ing in a ~ortheasterly direc~ion and having
a con:rs1 ~glm of 13"35'29'' a .adios of 1094.00 feet and a chord
bearing of N. 65'~6'34"
T~N~ ~long said curve, and alon~ =he said southeasterly line
o~ Paz~ay ~u!evard, 259.51 feet ~o the end o~ $~id Cur=e, t
iron rod ~o:
T~NCE N. 58'38'49" E., 100.~2 feet con~inuing alon~ the said
sou~heaster!y line of Parkway Bcu!evard to =he Point of Beginning
and containing 2.$14 acres (122,583 s~are feet] of !~d.
BEING a tract of land situated in the S.A. & M.G.R.R. SurVmy,
Abc:tact No. 1430 in ~he City o-~ Coppell, Dallas County, Texas_and.
Fina~c{al Co~oza:lon =o M. Douglas ~kins, T=us=ee, as recorded
Vol~e 76188, Pa~e 2355 of the Deed Records of Dallas Co~gy, Texas
BEGI~ING ac a h" iron rod for co,er at :he Intersection of
south line of Par~way Boulevard (~n 88 fcO= right-of-way);
" T~CE N. 88'59'0l" E., 476.50 feet along the said south llne
Coppell City Hall Tract;
T~NCE S. 01'00'58' E., 275.00 fee= leavlnq the south line
~ar~ay Boulevard ~nd along =he wes= line of ~he City of Ccppell
beginnAng of a curve =0 =he left having a central angle of
87"30'46', a =a~us of 245.00 fee=, and a chord bearing of
44'46~13"
=he most westerly northwest corner o~ He~:z Road Elemen=a~
Sch~l, an ad~=ion =o the City of Coppell as r~co=ded in Vol~e
94-14~, ~age 02992 of ~he ~la~ Recozds of Dallas co~=y, Texas;
?~CR S. 0~'22'49"E". along =~.e west line of s~i~
at a diat~oe o~ 615.13 ~oet, sai~ irc: rod also being
Cop~ell as reco=~ed In Vol.~e 92248, .:age 2980 of :he Pla=
Chaucer Es=aCes, passhng ~n ~ron rod fox the southwest co,mr o~
sa~d C~ucer Estates a= m ~s=ance of 2033.67 fee=, and con=inu~ng
along said bearing to a ~int on ~e no=th line of Sandy Lake
in ~11, a ~st~ce of 2058.67 feet;
T~CE S. 89'11'49" W., 110.78 fee: along ~e said nor:h
of Sandy Lake Road to a point for co,er;
T~NCE S. 89'03~11' W., 173.00 fee= along the said nor:h line
of Sandy La~e ~a~ to a point for ~rner;
T~CE S. ~8"42'38" W., 379.66 fee= along :he said no~h line
of S~dy Lake Road to a point fo=
T~CE N. 47*45~%3" W., 73.02 fee= along the nor=hess: line of
Sandy Lake Road (varl~le wld:h :igh:-of-way) :o the point
intersection be=ween =he said northeast line of Sandy Lake Road and
~e eas= line of Denton Tap Road~
of Den=on Tap Road to the begi~ng of a c=ve =o the right ~aving
a central angle of 01~18'00'', a radius of 5679.70 ~eet ~d a
bering of N. 02'09'58"
THENC~ along s~ld c~ve, and along the ess= line of Den:on Tap
Road, 228.00 feet to a DOin~ ~or
Ti~NCE N. 01~00'58~' W., 1983.30 fee= along the said east
of Denton TaD Road to the beg!~i~g of a ~rve =o =he z!qht havln~
a central angl~ of 01"48'30", a =ad!us of 5619.71 feet and a chozd
bearing of N. 00'06'43" W.;
T~CE along said cu~e, and along the said eas~ line of
Denton Tap Road, 179.26 fee= =o :he Po!n= of 8eginni~g and
contain~q 39.976 acres (1,741,346 s~are fee:) of land.
JmN--~--~D T~U 1~_~: I 9 ~LL~'NPRO~:~SRT ~-~''~0 ~:~ . 02
THE PARKS OF COPPELL TRUST
12221 Merit Drive, Suite 17S0
Daila.% Texas 75251-Z2.52,
January 26, 1995
CF~TIFIED MAIL - RETURN RECEIPT REQUESTED
City Of Coppell
P. O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
Attn: Mr. Jim Witt
City Manager
Gentlemen:
Reference is made to that certain Contract of Sale (the
"Original Agreement"), dated December 30, 1982, between the City Of
Coppell (the "City") and the Parks of Coppell Joint Venture II
("PCJV II"), as amended by Amendment to Contract of Sale (the
"Amendment"), dated January 27, 1987, between the City and PcJV II,
pertaining to lands located in the vicinity of the Municipal
Center, Coppell, Texas, among which are lands presently owned by
The Parks of Coppell Trust (the "Trust") located in the "TC" Town
Center Zoning District, Coppell, Texas (the "Trust Lands") (the
Original Agreement, as amended by the Amendment, the "City
Agreement"). As you know, the Trust is the successor to the rights
of PCJV II under the City Agreement.
The Trust has entered into a contract to sell a portion of the
Trust Lands (the "Wendy's Site") to Wendy's International, Inc.
("Wendy's"). The Trust also has entered into a contract to sell a
portion of the Trust Lands (the "City Site") to the City. Further,
the Trust is negotiating with Ewing Properties, Inc. ("Ewing") to
sell the remaining portion of the Trust Lands (the "Ewing Site") to
Ewing.
The "TC" Town Center Zoning District ordinance provides that
all development proposals with respect to lands located in the "TC"
Town Center Zoning District are subject to review by the Town
Center Architectural Review Board. Wendy's, the City and Ewing all
are aware of this requirement and of the benefits accruing from the
compatible development of the Wendy's site, the City Site and the
Ewing Site. The Trust has been working with the City toward a plan
for the compatible development of the Wendy's Site, the City Site
and the Ewing site, but this cooperative effort has been set back
by the City Council's recent denial of a Special Use Permit to
allow the development of the Wendy's Site for restaurant use.
EXHIBIT "C"
.---- ;
City of Coppell
January 26, 1995
Page 2
Article X of the Original Agreement provides in part that ".
· . City hereby agrees that it will not, without the prior written
consent of Owner or the owner of the part of the Property that
would be affected, through the adoption of new or amended
ordinances or any other method, deny or alter Owner's right, and
the right of subsequent owners of any part of the Property, to
develop the Property in accordance with the Zoning Plan, the
continuing interpretation of the Sub-Division Ordinance, and the
agreements contained in Articles IV and V hereof . . ."
The Zoning Plan did not require a Special Use Permit for
restaurant development in the "TC" Town Center Zoning District.
Sometime after February 7, 1991, the City added provisions to the
"TC" Town Center Zoning District requiring a Special Use Permit for
restaurant development in the "TC" Town Center Zoning District.
The addition of these provisions was only recently discovered by
the Trust an4 were apparently adopted sometime after a letter,
dated February 7, 1991, to the Trust's attorney from the City's
attorney stating that the "TC" Town Center Zoning District use
regulations were being brought forward without change in the
adoption by the City of a new Coppell Comprehensive Zoning
Ordinance on February 12, 1991.
The City has breached the City's duties, obligations and
agreements under the City Agreement in the following ways: (i) the
addition of the Special Use Permit requirement for restaurant
development in the "TC" Town Center Zoning District without the
Trust'm prior written consent; (ii) requiring the Trust to obtain
a Special Use Permit for development of a restaurant on the Wendy's
Site; (iii) the denial of a plat application for the Wendy's Site
by the city's Planning Commission for the reason that the
restaurant use "did not fit the intended use for Town Center"; and
(iv) the denial of a Special Use Permit by the City Planning
Commizsion and the City Council for a restaurant use of the Wendy's
Site. This letter is written notice of the City's breach of the
City's duties, obligations and agreements under the City Agreement
pursuant to paragraphs 3 and 24 of the Amendment. Pursuant to
paragraphs 3 and 24 of the Amendment, the City has 90 days after
the delivery of the written notice contained in this letter to cure
the breaches of the City Agreement specified in the foregoing
portion of this paragraph. If such breaches have not been cured
within 90 days after the delivery of the written notice contained
in thi~ letter, the Trust shall have the right to seek enforcement
~f one of the remedies specified in paragraph 4 of the Amendment.
The Trust still is willing to work with the City toward the
development of a plan for the compatible development of the Wendy's
Site, the city Site and the Ewing Site satisfactory to both the
3 ~:::~ N -- 2 6 -- 9 ~5 T H y 1 '~",,~2 3. 6~ L L [ N P R O P E R T y --.=,i~ P - O 4
City of Coppell
January 26, 1995
Page 3
Trust and the City, but in light of recent events, the Trust deems
it prudent to deliver the written notice contained in this letter
so that the Trust will be in a position to seek enforcement of its
remedies under the City Agreement if the cooperative effort between
the Trust and the City cannot be brought to a conclusion
satisfactory to both the city and the Trust.
Very truly yours,
TME PARKS OF COPPELL TRUST
Truste~'
cc: Richard M. Dooley, Esq. - VIA TELSCOPY 953-5622
Peter G. Smith, Esq. - VIA TELECOPY 953-3334
Mr. Michael R. Allen
Mr. Glen A. Hinckley
Mr. John B. Kidd
383116ID