Lakewood Est 18E-CS01111211/12/2001 17:13 NAY 214 712 9540 COOPER & SCULLY, P. C. _ _ _ 0 002/005
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COOPER & SCULLY
Direct Line:
(214) 712-9505
November 12, 2001
Via Fax• (81'n 275-0910
John L. Robinson, Esq.
Robinson & Miner, P.C.
3609-B Pioneer Parkway West
Arlington, TX 76013
Re: Fischer v. Drees Custom Homes, L.P.
In the County Court at Law No. 3, Dallas County, Texas
Cause No. 01-03465-C
Our File No. 257/9070
TIl~IE SENSITIVE: IMMEDIATE ATTENTION RE VESTED
Dear John:
Here's a revised draft version of the Indemnification Agreement and Release you provided
that I believe should address our mutual concerns.
You will note that I worked off of your proposed version. Note that I deleted the expressed
linkage (in your fourth paragraph) between the City Council's approval of the Agreement and your
release, as the Council could see that as improperly linking their independent land use decision to
legal consideration in impermissible "contract zoning" fashion. You lose nothing by this, as our
prior Rule 11 Agreement clearly does not hold you to indemnification absent City Council approval,
and I again confum my November 9, 2001 written note to you to that effect. For similar reasons this
Agreement needs to be unilateral and executed by your client only. Call me if you have questions
in that regard and I can provide further detail if necessary.
I believe that my revisions keep to the spirit of our agreement that you are not indemnifyirlg
the City for its own. acts. Again, please call me at your earliest convenience tomorrow if we need
to further tweak this document because I need to have it to the City Attorney between noon and 1:00
p.m' for review before tomorrow night's City Council Meeting.
Attorneys - A Professional Corporation
Founders Square 900 Jackson Street, Suite 100 Dallas, Texas 75202
Telephone 214712.9500 Fax 214712.9540
Housrnn Office 7 13 235 6 800
Sherman Office 903.813.3900
11!12/2001 11:13 F9X 214 71.2 9540 COOPER & SCLiLL P
f(7j003/005
Mr. John L. Robinson
November 12, 2001
Page 2
Thanks for your continued courtesy. I hope all went well with the deposition in your case
today. I look forwazd to hearing from you tomorrow rooming.
DGN/ar
enclosure
406704
11./12%2001 17:14 F9X 214 712 9540 COOPER & SCULLY, P. C. 0 004/005
INDEMNIFICATION AGREEMENT AND RELEASE
This Indemnification Agreement and Release (hereinafter collectively referred to as "Agreement")
is entered into by Drees Custom Homes, L.P. (hereinafter referred to as "Drees"), acting by and through its
authorizedrepresentatives, and this Agreement inwes tothe benefit ofthe City of Coppell, Texas (hereinafter
referred to as "City").
On or about the 13~' day of November, 2001, there will be presented to the Coppell City Council a
Licensing Agreement and an Agreement to Partially Abandon Easement ("Licensing Agreement"), in the
form attached hereto as Exhibit A, incorporated herein for all purposes.
If the Coppell City Council approves the Licensing Agreement, in the form as presented in Exhibit
A hereto or substantially similaz form, Drees agrees to fully and com enaltiesor the charges which are
harmless the City from any and all claims, demands, expenses, costs, p
brought or claimed against the City for any damage done to the home located at 1002 Forestwood Lane
("Fischer Home") in relationship to the structural support of the Fischer Home. Specifically, if the City of
Coppell, or its agents, employees or subcontractors, exercise their rights under the Licensing Agreement with
regazd to remedying, repairing or replacing the sewer line referenced therein, Drees willfully and completely
defend, indemnify and hold harmless the City of Coppell with regazd to any damage to the Fischer Home
arising out of Drees' building of the home in the Easement, on out of any subsequent structural support work
on the Fischer Home by Drees, which portion of the Easement is anticipated being abandoned by the City
of Coppell.
This indemnification contemplates and is qualified by the owners of the Fischer Home, whether the
Fischers or subsequent purchasers, allowing Drees to place piers on the corner of the Fischer Home located
within the subject Easement, or at sites otherwise selected by Drees. Such indemnification referenced herein
by Drees does not extend or apply to any of the City's own future potential negligent acts or omissions which
may occw as to the Fischer Home, if any, including the failwe to undertake any City repairs, remedies or
replacements in a good and workmanlike manner.
Further, by this instrument Drees will fully and forever release the City of Coppell of and from any
and all claims, causes of actions, demands, whether at law or in equity, whether known or unknown, related
to the subject matter of Cause No. 0103465-C, David 3. Fischer and Diana R. Fischer v. Drees Custom
Homes, L.P., et al., or asserted in said Cause, or with regazd to any other alleged wrongful actions on the part
of the City of Coppell prior to the execution of this release, with regard to Drees' building of the Fischer
Home in the Easement.
This Release shall be and is binding upon the undersigned, and the corporate affiliates, heirs,
successors, representatives and assigns of the undersigned Drees Custom Homes, L.P., and each of them.
EXECUTED this day of , 2001.
ACCEPTANCE AND AGREEMENT ACKNOWLEDGED BY:
AUTHORIZED REPRESENTATIVE; Drees Custom Homes, L.P.
406675
11/12/2001 17:14 FAS 214 712 9540 COOPER & SCIILLF, P
Mr. John L. Robinson
November I2, 2001
Page 3
bc: Jim Witt, City Manager -Via fax
Robert Hager, City Attorney -Via fax
Ken Crriffin, City Engineer -Via fax
(~3j005/0O5