Park West CC(02-2)-CS050713
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IJ5eith M~-"Yin -_Re: Park We~t Commerce Center, Beltline @ Airline, Coppell, TX
From:
To:
Date:
Subject:
"Sorrels, AI" <asorrels@majesticrealty.com>
<kmarvin@ci.coppell.tx.us>, "Wyly, Rick" <rwyly@commercelp.com>
7/13/20057:23:53 PM
Re: Park West Commerce Center, Beltline @Airline, Coppell, TX
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. AI
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From: Keith Marvin <kmarvin@ci.coppell.tx.us>
To: Wyly, Rick <rwyly@commercelp.com>
CC: MThomas@cadencemcshane.com <MThomas@cadencemcshane.com>; Burroughs, John
<jburroughs@commercelp.com>; Sorrels, AI <asorrels@majesticrealty.com>; jkoch@pkce.com
<jkoch@pkce.com>; smarkussen@pkce.com <smarkussen@pkce.com>
Sent: Wed Jul13 14:20:522005
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.coppel!.tx.us
>>> "Wyly, Rick" <rwyly@commercelp.com> 07/13/051:33 PM >>>
Keith,
The attorney for Majestic Realty has had no formal correspondence to
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
~eith Marvin - Re: Park West Commerce Center, Beltline @ Airline, Coppell, TX ..
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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://www.commercelp.com/default.asp>
5000 Quorum Drive, Suite 100
Dallas, TX 75254
(972) 726-0700IeFax (972) 767-0731
rwyly@commercelp.com
cc: <MThomas@cadencemcshane.com>, "Burroughs, John"
<jburroughs@commercelp.com>, <jkoch@pkce.com>, <smarkussen@pkce.com>,
<bknight@winstead.com>