Townhouses-CS01021202:12,'01 MON 12:31 FAX 9724041833 LIBERTY ~002
· " ( ~, February 12, 2001
Joe Dingman
St. Judes, inc.
13223 Olad Acres Dr.
Dallas, Tx 75234
De~ Joe,
I regret having to send this letter, but it tells you what position you have put me in with 9
months of delays due to your changcs and indecision. [ understand that you report to
people and that you have 3ra party advisors. However, the result is the only thing that
truly matters to me. I do not question your motives or integrity but I do understand thc
situation. The situation is that you do not have thc answers for a project that for you is in
it's infancy. Therefore you will continue to discover issues that change your needs and as
your needs change your requests to me change. This must stop. You told me about 4
months ago you wanted to participate in our drainage system after telling mc you did not
want to for 5 months prior to that while I negotiated x~ith you to put a detention pond on
your land. I then decided to redesign the system at your request after you said you would
not delay us and we would be complete in 2-3 weeks. You delayed us x¥ith your
questioning of costs and indecision on how you wanted to handle it. Then with the
deletion of the valley storage requirements, both yours and mine, our system changed a
second time. You have acknowledged both myself am! Keith Reinhart when we have
replied to every one of your change requests by saying that's fine because ever), change
is on your nickel. Now you seem to be confused as to why we need you to pa)' for all
these engineering changes. Now you requested a third revision with us moving our
drainage from our joint property line into our street sy,~tem. This was another change
with more engineering costs. It has been over 2 months from the first bill with no
pad, neats. I hope you understand now why I have been telling you for 2 months that we
must set up an escrow account and you must deposit your share of the cost to complete
the joint drainage system in that account. I can not allow delay's in pa2anent and changes
and the ability for you to just walk away if your necds change. This has happened in thc
past and I fear would likely happen in the 'future. We can not jeopardize our project any
longer. We havc been more than flexible with your requests and needs and you have
unintentionally caused us a financial loss in the order oi' $50-60 thousand dollars in
interest and fees. I think you will agree that you have eot lived up to many of your
promises, especially with regard to not delaying my project. I therefore will request that
you sign our escrow agreement with acceptable changes by Friday the 16m by 5pm. I will
further request that you deposit your share of the cost for our shared drainage system into
escrow at a title company of your choice by the following Friday. Unfortunately, due to
the delays and length of time to complete our prior business I must make you aware of
our resolution to proceed without your participation if these times are not met. There will
be no exceptions as I have advised Mike Daniel to proceed wilh a new drainage system
tbr our water only. I will also request from the City of Coppell that since you have
"Subsidiary of Liberty. Residential"
4101 McEwen, Suite 110 * Dallas, Texas 75244 · Phone (972) 755-1085 · Fax (972) ~04-1833
02/12,'01 MON 12:32 FAX 9724041533 LIBERTY ~003
started your zoning and platting process that you submit your ovm storm water plans. Joe
I sincerely hope that we can finish what we started but you have to realize that it will not
continue the way it has. It is partly my' fault for letting it. get to this point. I should have
put my foot down long ago as you have taken advantage o four willingness to make
changes for your benefit. While we wait for your changes you save more and more
money as we lose more and more from interest charges. Please accept your responsibilit,'
and pay the outstanding bills for all your changes and instruct your 3~'d party advisors that
this deadline is not to be missed. It is more than enough time to make it happen, so it is
up to you whether you want to or not. I hope you do. Please let me know of your
decision. I am including the past breakdown of fees already sent as well as the latest bill
from Nathan Maier. Thank you in advance for your diligence v,4th respect to this matter.
CC: David, Goodman, & Madole, Attorney and Councelor
Mike Daniel, Engineer
Mike Martin, City of Coppell