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Waters Edge P1-CS 930201Matthews Southwest 5220 Spring Valley Suite 500 Dallas, Texas 75240 TeL (214) 934-0123 Fax (214) o..~0-2421 February 1, 1993 Mr. Ken Griffin, P.E. City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: Waters Edge Phase One Dear Ken: Per our earlier discussions, the purpose of this letter is to provide assurance that Water's Edge Joint Venture will be responsible for the maintenance of the drainage swale located along our southern property line on land presently owned by others (see attached exhibit). As you know, both of the other owners affected have approved the construction of the swale. We believe that the adjacent land will soon be sold, either to us or to other developers. When this land is developed, the swale will be replaced by an improved drainage system. Its maintenance, therefore, should be only a short- term issue. However, in order to protect the City from possible future maintenance concerns, we propose and agree to the following: (1) The City can withhold the release of building permits on the last five (5) lots in the combined Water's Edge/Fountain Park subdivisions until such time that either: (a) the swale is replaced by a permanent drainage system; (b) Water's Edge Joint Venture provides assurance satisfactory to the City that some other entity, e.g., the Lakes of Coppell HOA, will assume maintenance responsibility; or (c) some other form of assurance acceptable to the City is determined. Mr. Ken Griffin February 1, 1993 Page Two Of the five lots on which permits can be withheld, at least two shall be in the Water's Edge subdivision until such time that lots have been completed in the Fountain Park subdivision. Ken, I appreciate your willingness to work with us on this issue. Please advise me if you have any questions. Sincerely, Tim House Vice President TH:jad AFFIDAVIT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, personally appeared Tim House who being duly sworn does depose and say that he is the person who has executed the foregoing instrument in the capacity and for the purposes set forth above. WITNESSMYHANDandsealthis //~ dayof J~.~ 1993, in the State and County aforesaid.