Park West CC(02-2)-CS050714 (2)L Keith Marvin - RE: Park West Commerce Center, Beltline @ Airline, Coppell, TX Page
From:
To:
Date:
Subject:
"Wyly, Rick" <rwyly@commercelp.com>
"Keith Marvin" <kmarvin@ci.coppell.tx.us>
7/14/2005 8:48:45 AM
RI~ Pa~ We~t Commerce Center, Beltline Q Aidine, Coppell, TX
Keith,
We would definitely rather have a site permit that temporarily excludes
work in the gas easement than to have no site permit at all, as this
would still allow the contractor to proceed on with much of his work.
Our goal is to resolve the gas easement issue as quickly as possible,
but we do not want it to delay the entire site permit. You should
receive the signed plats today. Once you receive the signed plats, can
you tell me when we can pick up the site permit?
Thanks,
Rick Wyly
District Manager
Commerce Construction Co., L.P.
5000 Quorum Drive, Suite 100
Dallas, TX 75254
(972) 726-07001eFax (972) 767-0731
rwyly@commercelp.com
..... Original Message .....
From: Keith Marvin [mailto:kmarvin@ci.coppell.tx.us]
Sent: Thursday, July 14, 2005 8:01 AM
To: Wyly, Rick; Sorrels, Al
Cc: MThomas@cadencemcshane.com; Burroughs, John; jkoch@pkce.com;
smarkussen@pkce.com; bknight@winstead.com
Subject: Re: Park West Commerce Center, Beltline @ Airline, Coppell, TX
Al,
This is a pdvate issue for you as the developer to resolve with Atmos.
The problem that I have is you are asking me to permit the construction
of both public and private infrastructure within this easement that
Atmos has more rights to than the city does.
Rather than contacting our City Attorney, I would recommend that your
attorney contact Atmos to resolve this issue.
That having been said, I would entertain the request to release all the
work outside this affected area while the easement issue is being
resolved. This would allow you to work on everything but the one fire
hydrant and approximately 35 parking spaces.
Keith R. Marvin, P.E.
City of Coppell
(972) 304-7044
kmarvin@ci.coppell.tx.us
I Keith Marvin - RE: Park West Commerce Center, Beltline @ Airline, Copp~li, TX Page 21
>>> "Sorrels, Al" <asorrels@majesticrealty.com> 07/13/05 7:26 PM >>>
Keith- I was under the impression that the City was treating this as a
private issue between Majestic and Atmos and that our permit would be
issued. As has been stated by our attorney, we are not violating any of
our rights relative to development of this site under any docunemt It
seems that this should be an issue that we pursue with Atmos. Per this
email, I am requesting that our attorney contact the Coppell City
Attorney accordingly. Thanks Keith, and please call me @ 214-697-7730
if we need to discuss any other items. Al
Sent from my BlackBemJ Wireless Handheld
..... Original Message .....
From: Keith Marvin <kman/in@ci.coppell.tx.us>
To: Wyly, Rick <rwyly@commercelp.com>
CC: MThomas(~cadencemcshane.com <MThomas@cadencemcshane.com>; Burroughs,
John <jburroughs@commercelp.com>; Sorrels, Al
<asorrels@majesticrealty.com>; jkoch@pkce.com <jkoch@pkce.com>;
smarkussen@pkce.com <smarkussen@pkce.com>
Sent: Wed Jul 13 14:20:52 2005
Subject: Re: Park West Commerce Center, Beltline @ Airline, Coppell, TX
Rick,
I just got off the phone with Mr. David Cromer of Atmos concerning this
easement. He indicated that they had received the plans and request for
this construction and that they were reviewing the request. He
indicated that a formal response from Atmos would be forthcoming.
Until such time as that response is received the city will not issue a
permit to perform the work within this easement. If you want to discuss
commencing work outside this affected area while this issue is resolved,
let me know.
I have received the easement documents as well as the "Hold Harmless
Letter", and once the Atmos Response has been received, I will forward
them to our City Attorney for review.
Keith R. Marvin, P.E.
City of Coppell
(972) 304-7044
kmarvin@ci.coppell.b(.us
>>> "Wyly, Rick" <rwyly@commemelp.com> 07/13/05 1:33 PM >>>
Keith,
The attorney for Majestic Realty has had no formal correspondence to
I~_Keith Marvin - RE: Park West Commerce Center, Beltline @ Airline, Coppell, TX Page 3 1
date with Atmos as Majestic is waiting on a formal letter from Atmos.
Majestic is proceeding based on their rights of ownership. Steve
Markussen of Pacheco Koch told me this morning that he is having a copy
of the Atmos easement documents delivered to you today.
Per our discussion today on the telephone, you confirmed that you DID
receive the hold harmless letter from Majestic Realty yesterday and that
the wording of the letter DOES meet your approval.
I understand your position that you need to make sure the City is in a
proper position to authorize Majestic Realty to construct new
improvements over the easement, however the hold harmless letter should
protect the City of Coppell from liability and the easement documents
should provide the City of Coppell documentation that Majestic is well
within their rights to construct improvements inside the easement. You
had requested we provide you with correspondence from Atmos, however, we
have no leverage to force Atmos to write any letters and at this point
have not received a written letter from Atmos rejecting our right to
construct improvements over the easements. As I am sure you are aware,
Atmos cannot indefinitely refuse to approve or disapprove this issue and
prevent us from developing this property.
Please let me know after you have finished reviewing the easement
documents. Thank you for your attention to this matter, and please call
me if you have any questions.
Rick Wyly
District Manager
<http://~vww.commercelp.com/detault.asp>
5000 Quorum Drive, Suite 100
Dallas, TX 75254
(972) 726-07001eFax (972) 767-0731
rv,,yly@com mercelp.com
CC: "Sorrels, Al" <asorrels@majesticrealty.com>