ST9302-CS 99061414:49 9722335881 PBA DALLAS APO
ALLEN PROPERTY CORPORATION
12221 bf~RIT DRIVE · SU1T~ 17'~0 * DALLAS, TEXAS 7~2~1-2216
Telephone 9~2-233-$771 / Fax 972-2~3-$881
PAGE
June 14, 1999
Ed Bell Cons~uction Company
10605 Han'y Hines Rd.
Dallas, Texas 75220
Arm: Mr. Robert Weber
Re: Permission Agreement to place fill dirt at northwest comer of Sandy Lake Rd. and Moore
Rd. ("Moore Site"), and at northwest comer of Sandy L~ke Rd. and Samuel Blvd. ("Samuel
Site")
Gentlemen:
The referenced Moore Site and Samuel Site are both owned by the Sandy Lake Comer Joint Venture
(~SLCFv''). The manager of the SIXYJV is the undersigned Allen Properly Corporation. Pursuant to this
leRer of agreement (the "Permission Agreement~') SLC.IV grants to Ed Bell Construction Company
("Contractor") the right to enter upon the Moore Site and Samuel Site for the limited purpose of
dumping fill dirt in a manner which meets all of the specifications set forth below. If fill dirt is placed
on the Moore Site or Samuel Site which does not meet the requirements hereof, SLCJV shall have the
option to require Contractor to remove such fill dirt at Contractor's cost. Either party to the Permission
Agreement may cancel it by 5 days written notice to the other. ~
The requirements for placing the fill dirt are as follows:
The fill material shall be clean fill dirt only, free from flash, vegetation, and construction
materials, including but not limited to concrete or asphalt pieces. The fill material shall not be
contaminated with any hazardous materials, and Contractor shall be liable for any and all
hazardous materials used or placed on the Moore Site or Samuel Site by the Contractor, its
subsidiaries or suppliers during the work contemplated by this agreement. Contractor shall
indemnify and hold Owner harmless from any claims, damages, losses, or expense, including but
not limited to attorney's fees arising out of or resulting from any misuse or usc of hazardons
materials by Contractor, its subcontractor or supplier.
Contractor shall only bring fill dirt on the Moore Site or Samuel Site which is excavated from
the Sandy Lake Road constroction project for which Contractor has contracted with the City of
Coppell.
Contractor shall dump the fill only within the areas designated on thc attached drawings of the
Moore Site and Samuel Site as "Dump Area". Contractor agrees to construct a temporary fence
and gate around the Dump Areas in order to protect them from unauthorized dumping. The gate
is to be kept locked. Contractor acknowledges that B&H Construction Company is also
authorized by SLCJV to dump clean fill on the Samuel Site only. Contractor shall not be
responsible for any actions Of B&H Construction. Persons authorized by SLCJV to have keys to
access the Dump Areas other than Contractor are B&H Construction and Jack Smith, who will
· 0~/1~/i~9 1~:49 9722335881 PBA DALLAS APO PAGE 03
from time to time mow the unfilled property for SLCJV. Contractor will provide SLCJV with a
copy of thc key.
The maximum fill to be dumped on the Moore Site is 5200 cubic yards. The maximum fill to be
dumped on the Samuel Site is 6700 cubic yards. Contractor is not responsible for keeping track
of the amount of fill on each site, but will in good faith assist SLCJV in estimating the amount
from time to time. Contractor acknowledges SLCJV will terminate this agreement when the
maximum amounts are reached.
Contractor shall dump the loads of fill so that the base of the loads touch or overlap, to avoid
weeds Srowing up between loads. Dumping will commence on each site at the approximate
area designated on the attached drawings and continue dumping loads in a conti~uous manner.
Contractor shall not ~ede or "knock down" the piles unless requested by SLCJV in writing.
Within 7 days afrer this Permission Agreement is executed, Contractor will provide SLCIV with
a certificate of liability insuranee naming SLCJV as an additional insured. Contractor shall hold
SLCJV harmless from any loss or expense resulting from any activity of Contractor on property
owned by SLCJV outside of the temporary construction easements obtained for Sandy Lake
Road construction by thc City of CoppelL
Upon the termination of this agreement, Contractor shall cause the temporary fence and gate to
be removed from the Moore Site and Samual Site at its cost.
If this lat~er correctly sets forth your understanding of our agreement, please execute it in the space
provided below, and fax back the executed copy to 972-233-588t. I will mail you hard copies for your
files aRerwards. Please call if you have any questions.
Yours very truly,
SANDY LAKE CORNERS JOINT VENTURE, by its manager
Allen Property Corporation
Michael R. Allen, President
ACCEPTED ~ED:
Date:
Attachments - "Moore Site" and "Samuel Site"
Page 2 of 2
14:49
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PBA DALLAS
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~POINT OF BEGINNING
DALLAS
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14:45 9722335801 PBA DALLAS ~ PAGE
ALLEN PROPERTY CORPORATION
FACSIMILE COVER SHEET
PLEASE DELIVER THE FOLLOWING PAGES:
TO: Robert Weber (INDIVIDUAL)
(COMPANY)
FROM:
(214) 352-3201
Mike Allen
Allen Property Corp
DATE: 06/14/99
TIME: 2:44 PM
(FACSIMILE NUMBER INCLUDING AREA CODE)
FILUNG AGREEMENT - SANDY LAKE RD, CONSTRUCTION
NUMBER OF PAGES (EXCLUDING COVER PAGE);
4
IF YOU DO NOT RECEIVE ALL PAGES OR IF PRINT IS ILLEGIBLE, PLEASE CALL BACK ASAP:
TRANSMITTED BY;
Mike Allen
WE ARE TRANSMITTING FROM:
RICOH FAX 2800L
('TYPE OF FACSIMILE MACHINE)
[FACSIMILE NUMBER INCLUDING AREA CODE)
COMMENTS OR MESSAGE:
PLEASE DELIVER TO ROBERT WEBER AS SOON AS POSSIBLE
MI. Weber - Enclosed Is the agreement which puts attempts to cover the points on the hand written list I
gave to Gary Pryor last week. Please let me know/f you have any problems or questions. Otherwise fax
back an executed copy to our office. We will send hard copies for execution as soon as wa receive your
acceptance.
Please call if you have any questions.
Mike Allen