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Coppell Cross 1P-CS 990924MEMORANDUM Date: To: From: Subject: September 24, 1999 Ken Griffin, City Engineer Gary Sieb, Planning D~or Jim Witt, City ~ Mavex Coppell Crossfng v. City of Coppell Attached is a letter from Plaintiffs attorneys forwarded by Darrell Noga. Our meeting concerning this matter is scheduled for Tuesday, September 28 at 2 p.m. with City Attorney Bob Hager. JW:kb Enclosure 09.'2% Tt{£' l(:'l'i7 FAX 214 712 9540 COOPER & SC['LLY,P.C. 002 COOPER & SCULLY September 23, 1999 Direct Line: (2la) 712-9505 Jim Wits, City Manager C;iW of Coppeli 255 Parkway Blvd. P O. Box 478 Coppell, Texas 75019 Via Fax. 972/304-7063 Re; Mavex Coppell Crossing v. City of Coppell, Texas U.S. District Court, Northern District of Texas, Dallas Division Civil Action No. 3-99CV0125-P Our File No. 257/6558 Dear Jim' Per our recent discussions, please review the attached letter I recently received from PlaintifFs attorneys relative to the above, which provides you with some details as to the d,,:w:lopment issues involved. As I noted, Plaintiff's attorneys advise they are quite flexible in negc, tiatmg the dollar amom~t of the credits they seek, and they appear willing to exchange ~he curt'cut dismissal order for one dismissing th/s case with prejudice if we can resolve what appear to be these fmrly minor matters. I've also copied Bob Hager on this letter and ask you both to please feel free to call me xv~th any questions or cormnents, or to advise if I eau be of further assistance. Please also keep me advised of' developments on your end. As always, I look forward to hearing from you. DGN/c~ 2521~.6 truly yours, Darrell G-M Noggin// Robert E. Hager (w/enclo. via fax 214/965-0010) 4:lorneys -.4 Profvaaic, na/ Corporat,on Founders Squ~¢ 900 Jttck~on Street, Suite 100 Dallas. Texas 75202 le lephone ~ 14 '712-9500 Fax 214.712'9540 Sheman Office 903-813'3900 FAX 21..1 712 9540 COOPER Da~ell G-M Noga~ Esq. COO?ER & 900 ]'ackmn S~.. Suite 100 Dallas, Iexas 75202 September 21, 1999 RE: 3~qve.,~ L:5ot~e ll CrossirLz LOts 4_and ~5 _~2805.186,4~ Our Kef: '~ ' Dear Darrell: Thank you for the oppommity ~o meet with you on September 10, 1999 to discus~ tke developm~m! in Coppell by my c!ient, M~v~x Coppel[ Crossing. Pursuem to your request for clarifica~on a~-, ~o my cliem's specific request, plv~se be advised of the follo,~4.ng. With respect to Lot 4, request i.s made (i) to relem ti~e City of Coppe[l requirement for a t0 £oot lm~dsc~I>e p~me~er ~o~d ~e ~ of Lot 4 ~d to ~stead allow landscaping ~o~d the perimeter of Lot 4 as sho~ on ~e drawings ~endered to you d~g o~ meeting on $eptemb~ :0, 1999 ~d (fi) to ~low c~it on impact fee~ cb~ged for ~e developmem of Lot 4 ~n ,m mno~t w~ich, when add~ to ~e ~c~t request fo~ Lot 5, is ~ to ~e ~o~t spent by Mavex to move ~he box cuiven on Lot 5 (tvtfl cost of approximately With respect :o Lot 5, req~aes~ i~ made (i) to relax the City of Coppell requLremenl for a 10 foot landscape perimeter around the emirerv of Lot 5 and to ~st~ad allow landscaping around th.,:: perimeter of Lot 5 as Shown on the drawLngs tend~exl to you dur/r~ o'0$ meeting on September ID, ~999, (ii) to allow Ma~,ex m move ae box culvert on the hearth-west portion of Lot 5 from its em:em location to the loeafio~ ~hovm on the drawings :ender~ to you during our a~ezhr~g on September 10, 1999, and (iii) to allow credit on impact fees eh~g~cl for the devetopment of Lot 5 in an v, motmt which, when ~lded m the credit request for Lot 4, is equal to the muotmt spent by b~,'ex to move the box culvert on Lot 5 (total cost of apptoximately $85,0O0) Please contact me if :Sarflxe: ¢l~ificat[on is requested. Thaxflc you for your mssistanee in mat~er. 214 712 9540 COOPER & SCULLY,P.C. 004 cc: ?,{ax, ex Coppelt Crossing