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ST9902-CS070718 Page 1 of2 Ken Griffin - RE: SandyLake West- Oakbend Estates entrance From: "Susan Custer" <SCUSTER@gpm-Iaw.com> To: "Robert Caudill" <rcaudill@TiseoPaving.com> Date: 7/18/2007 3: 15 PM Subject: RE: SandyLake West- Oakbend Estates entrance CC: <kgriffin@ci.coppell.tx. us> Robert - Thank you for your prompt response. The check should be payable to the Oakbend Homeowner's Association, and you can send it to me at the address below. When received, I will confirm receipt with you, and I will let Ken Griffin know when we receive the check so that he can note the payment in his records. Thanks again and please call if you have any questions or need additional information. Susan M. Custer Paralegal Glast, Phillips & Murray, P.C. 13355 Noel Road, LB 48 2200 One Galleria Tower Dallas, Texas 75240 Telephone: (972) 419-8387 Facsimile: (972) 419-8329 CONFIDENTIALITY NOTICE AND DISCLAIMER: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute, or take action in reliance upon this message. If you have received this in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive client-attorney or work product privilege by the transmission of this message. This communication does not reflect an intention by the sender or the sender's client or principal to conduct a transaction or make any agreement by electronic means. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. From: Robert Caudill [mailto:rcaudill@TiseoPaving.com] Sent: Wednesday, July 18, 2007 2:50 PM To: Susan Custer Cc: Ken Griffin Subject: RE: SandyLake West- Oakbend Estates entrance Susan, Tiseo Paving has agreed to the $7,500.00, who do we meet or send the check to? Robert Caudill Vice President Tiseo Paving Company (972) 289-0723 From: Susan Custer [mailto:SCUSTER@gpm-law.com] Sent: Monday, July 16, 2007 6:25 PM To: Robert Caudill Cc: kgriffin@cLcoppell.tx.us file:/ /C: \Documents and Settings\rbrother\Local Settings\ Temp \XPgrpwise\469E2EA5 City _... 8/9/2007 Page 2 of2 Subject: RE: SandyLake West- Oakbend Estates entrance Robert: Thank you following up on this. As requested, I have attached the estimate from our landscaping company which totals $10,699.43. The amount that we think Tiseo should pay is $7500.00. We arrived at that number by deducting the last two items on the estimate, one being the removal of two Bradford pear trees that were damaged but not actually killed during the construction phase (they are located next to the new sidewalk and we are concerned that since they are damaged, a branch could snap and hit someone since these are weak wooded trees to start with), and the other being for pruning a tree that is in our private park and should not be considered for reimbursement at all. That left the total at $7,699.43, and we just rounded it down to $7500. Please keep in mind that all of the items in the beds were mature plants that had been there for over 10 years, and that significant reworking of the soil also had to be done. Please contact me with any questions or if you need additional information. Thanks again. Susan M. Custer Paralegal Glast, Phillips & Murray, P.C. 13355 Noel Road, LB 48 2200 One Galleria Tower Dallas, Texas 75240 Telephone: (972) 419-8387 Facsimile: (972) 419-8329 CONFIDENTIALITY NOTICE AND DISCLAIMER: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute, or take action in reliance upon this message. If you have received this in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive client-attorney or work product privilege by the transmission of this message. This communication does not reflect an intention by the sender or the sender's client or principal to conduct a transaction or make any agreement by electronic means. Nothing contained in this message or in any attachment shall satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. From: Robert Caudill [mailto:rcaudill@TiseoPaving.com] Sent: Friday, July 13, 2007 8:34 AM To: Susan Custer Cc: Robert Caudill; Ken Griffin Subject: SandyLake West- Oakbend Estates entrance Susan, I'm e-mailing you to see if we can work out the landscape claim the HOA has submitted to us. We believe that we did damage some of the landscape. So what can we do, that is reasonable? Robert Caudill Vice President Tiseo Paving Company (972) 289-0723 file:IIC: \Documents and Settings\rbrother\Local Settings\ Temp \XPgrpwise\469E2EA5 City _... 8/9/2007 <s-r 49 -02 A , Prepared For: Oakbend Estates HOA Coppell, Texas 75019 Attn: Board of Directors Prepared By: Connor R. Bales Lawns of Dallas Revised: 3/5/2007 Page 1 of 2 Entrance Landscape Proposal: Qtv, Size Description Unit Cost Total Cost 4 man hrs. Existing Material Removal $ 30.00 $ 120.00 8 30 gallon Foster Holly $ 400.00 $ 3,200.00 16 3 gallon Variegated Privit $ 28.00 $ 448.00 12 3 gallon Bay Breeze Dwf. Indian Hawthorn $ 36.00 $ 432.00 8 3 gallon Loropetulum $ 28.00 $ 224.00 10 flats Seasonal Color $ 30.00 $ 300.00 8 flats Green Liriope $ 45.00 $ 360.00 8 cubic yds. Mix Soil Compost $ 75.00 $ 600.00 6 cubic yds. Shredded Hardwood Mulch $ 75.00 $ 450.00 1 misc. Irrigation Modifications $ 750.00 $ 750.00 2 existing Bradford Pears Removal/Grind $ 750.00 $ 1,500.00 1 misc. Class 1 Tree Prune (Beal Park) $ 1,500.00 $ 1,500.00 Subtotal: $ 9,884.00 Sales Tax: $ 815.43 Total: $ 10,699.43 *AII materials installed per drawings and specifications made by Lawns of Dallas. The following materials are not the responsibility of WCS Inc., dba Lawns of Dallas: *Existing Irrigation, Sod, Fencing, Flatwork, or Final Grade. *Terms: 50% deposit, balance paid in full upon completion. *Warranty Policy is as follows: a 90 day warranty period is given for all shrubs and ornamental trees; shade trees have a 1 year warranty period; no warranty is given on groundcovers or seasonal color; only 1 replacement is given under warranty per each item installed. Warranty excludes any replacement for damage related to or caused by freeze, wind damage, lightning or any other natural "acts of God." Warranty is effective immediately upon installation, and excludes all transplants. A 1 year warranty is provided on labor & materials for all hardscape items. Lawns of Dallas is not responsible for any damage due to or caused by customer neglect or vandalism. Warranty is activated upon installation. Page 2 of 2