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DR9306-CS 960415 214 462 8558 04/15/96 14:34 ~ 214 462 8558 ~ON JONES DATE: April 15, 1996 ,, TO: Jim Wltt, City Manager City of Coppel] : Don and Katherine Jones Dear Mr. Witt: Please accept this letter transmitted by f~x as our sincere intention to immediately resolve all curreDt issues concerning damages to our real property with respect ~o Drainage Improvements to G-6. As homeowners, we only wish to be made who~e, it is not our intention to collect for unproven damages ~o our property, nor is it our intention to finish constructingI the drainage improvements on G-6. We will leave the drainage improvements to the City, and ask the City to compensat~ us only for current, existing damages to our home, pools, sprinkler systems, landscape, and out-of-pocket expenses, estimated at $20,000.00 Dollars. That is as it should be. ] i In consideration for the city completing t~e drainage improvements in accordance with the originml engineering specifications, terms and conditions, i.e.~, replacing 167' x 4' retaining walls, resulting in a 3/1 sloDe creek bank, we agree to a release of liability concerning' all currently existing damages known or unknown to the structuresl of the home and pools. Additionally, we will agree to assign any Fights to collect funds from the contractor's insurance company or the contractor with respect to those damages. As you know, the completion of the retaini~g wall could be accomplished within one week and time is ¢~rtainly critical as the forthcoming rains will easily destroy our current situation in one day, as it did on May 5, 1995, when these damages first occurred as a result of the oontractor's destruction of our retaining wall which wa~ twice the length of the retaining wall being proposed. 04/15/96 14:55~ ~ 214 462 8558 DON JONES 02 As we discussed in our telephone conversatlion on Friday, April 12, 1996, immediate agreement and tender of $15,000.00 will allow the balance to be paid by April 23, 1996 and allow the completion of the retaining wall at the city's earliest convenience. If these terms and conditions are agreeable to you, please me today, so we may finalize the agreement. Katherine S. J