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ST9502-CS 95092509-26-95A09: LAWRENCE W. JACKSON ROBERT L, DILLARD III ROBERT E, HAGER PETER G. SMITH DAVID M. BERMAN BRUCE A, STOCKARD NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 September 25, 1995 JOHN F. ROEHM III ROBERT L DILLARD, JR. H. LOUIS NICHOLS OF COUNSEL VIA FACSIMILE AND REGULAR MAIL Mr. Richard M. Dooley Jackson & Walker, L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Re: Proposed Development Agreement by and among Comerica Bank-Texas, The Parks of Coppell Trust, Overton Bank & Trust and Wendy's International, Inc. Dear Richard: Pursuant to your request~ the undersigned reviewed the proposed draft of the Development Agreement by and among Comerlea Bank-Texas, The Parks of Coppell Trust, Overton Bank & Trust and Wendy's International, Inc. and provide the following comments. While the Development Agreement does not specifically include the City as a party, we offer the following comments regarding the acceptance and maintenance of the North- South Road and the sanitary sewer line. Paragraph 8 of the proposed agreement provides the City, by separate agreement, has agreed the City will accept the road and sanitary sewer line as public improvements. While this statement is not untrue, the City will, after completion of the North-South Road and the sanitary sewer line, and following inspection to ensure compliance with the construction standards, will accept the same as public improvements. The City will assume the normal obligation to maintain the same after expiration of the required maintenance bonds. Paragraph 8, to the extent as necessary, should be amended accordingly. The City will provide a letter indicating the same. Finally, by separate letter, we previously provided a draft of a Development Agreement regarding the construction of the proposed East-West Road and required landscaping. We have this afternoon received your response to the Development Agreement and will review your proposed changes. We note, however, that the Development Agreement concerns the construction of the East-West Road and did not address the northern portion of the North-South Road, which we understood would be a AGG075D6 September 25, 1995 Page 2 part of the main Development Agreement which you have prepared. If any portion of the North-South Road is to be part of the East-West Road Development Agreement, please advise the undersigned as soon as possible. Thank you for your attention in this matter. If you have any questions in this regard, please don't hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. PGS/ct Cc: Peter G. Smith Mr. James Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 Mr. Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 AGG075D6 NICHOLS. JACKSON, DILLARD, HAGER & SMITH, L.L.P.