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Amberpoint BP 2-CS020916-__ _ ~ - Ken Griffin -Fax to Ken Griffin - Dev Agt Estoppel - Staples.doc Page 1 II TRANSWESTERN COMMERCIAL SERVICES ~, 5001 Spring Valley Road Suite G00-w dallas, TX 75244 ~~ facsimile vansmittal sheet fmm: to: ', Ken Griffm Jim Gaspard - SVP Development Services ~I Director of Engineering Direct Phone: 972-774-2544 City of Coppell Facsimile: 972-991-4247 ~ Mobile: 214-725-1002 ' company: Ciry of Coppell date: 09/16/02 '. (az number. totll no. of pages including cover. 972-304-7041 AmberPoint Development ~.~wip,~b Agreement ^ Urgent ^ Fnr Review ^ Please Comment ^ Please Reply ^ Please Recycle notes/Comments: Ken, can you get the attached executed today and faxed back to us. Call and I will send a courier to pick up the original. Staples would like this attached to their Purchase and Sale Agreement that is being prepared for execution on Tuesday, September 17. I have Larry Davis' acceptance letter of the street and utilities dated August 14, 2002, however Staples wants an estoppel letter from the City of Coppell with the Development Agreement attached. Call me if you have any questions. 972-774-2544. Jim Gaspard Cc: Jim Witt -City Manager Henry Knapek - Transwestern If you do not receive all the pages in this transmittal, please call rachel Castro at 97?-77d-?512 ~~ 1 ~.r~..~ ~s~.p.G. STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS THAT the CITY OF COPPELL, Texas, a Home Rule City (the "City") makes this statement for the purpose of confirming the matters appearing herein. 1. There is attached as Exhibit A hereto and made a part hereof a true and complete copy of that certain Development Agreement dated December 4, 2001 (the "Development Agreement") made by and between the City and AmberPoint at Coppell, L.L.C., a Delaware limited liability company formerly known as Ballantyne Jack, L.L.C. ("APC"). 2. As of the date hereof, the City has not assigned any of its rights under the Development Agreement to any other person, entity or corporation. The City is the proper entity to make this statement for the purpose of confirming the matters herein. 3. APC has complied in full with all of the terms, covenants and conditions on its part to be performed under the Development Agreement and has satisfied the City's requirements in relation thereto. There aze no outstanding obligations to be performed by APC under the Development Agreement. 4. This statement is being made in the knowledge that it is and will be relied upon by parties with an interest or who intend to acquire an interest howsoever arising in all or any part of the property known as AmberPoint Business Park at Coppell as described in the Development Agreement. CITY OF COPPELL, TEXAS: By: Ji ttt, City Manager 8533583508: DALLAS :1061572,1 ATTEST: By Libby Ball, C~ ecretary ~lo~ ~ ~~ ,sr~ ~ ~~ ~d~~Q STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /~a day of 2002 by Jim Witt, City Manager of the City of Coppell, Texas on behalf of the City of Coppelt. Given under my hand and ot~icial seal, this ~ day of 2002. My commission expires: -l -i/-~~ `a~~n~~u~n~,,~~. ~~88Y eA(~ •,,f~ No Public z -c~ :. * = ~ ~ ~` ~~~iQ; 85335:83508 ~ DALLAS :1081572.1 EXHIBIT A Development Agreement 85335:83508: DALLAS ' 1081572.1