C Cross L4/FP-CS010706 ?
BURLESON, PATE & GIBSON, L.L.P.
A ,'TORN~Y$ AND COUNSEl. ORS AT Ls, W
m~. st.~.~sos 2414 NORTH AKARD, SUITE 700 "
m~-~; DALLAS, IEXAS '/5201-1748
Telcplaone (1!14) 871-4900
,o~^m~.~,. s^r~s Facsimile (214) 871-0718 I1~
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la, y $ ML'P. RAY, P C.
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FACSIMILE COVER PAGE
TO: FROM:
Robert Hager Tim Duffy
Burleson, Pate & Gibson, L.L.P.
FAX: (214) 965-0010 FAX: (214) 871-0718
TEL: TEL: (214) 871-4900
SENDER: Kim Meredith
DATE: July 6, 2001 PAGES:
SUBJECT: Coppell Crossing Lot 4 5, including cover sheet.
CON}'ID~N'TIAL1TY NOTICE
~ ~"FORM^T~ON CONTAIN'ED IN TH~S FACS:kRL£ ~,~.SSAG£ I$ AI'rORk,"EY PRIVILEGED AND CON'FIDENTfAL IN'FORMATION rNTENDF. D O~[.Y
FOR TH~ USE OF ~ INDIVIDUAL OR E}~I3TY NAMED ABOV'~. [F ~ I~ADL~R OF 1'tt]$ MF~SAGE IS NOTT'r~ rh,'I"I~ID~D IL~'"~N'I', OP~ ~
EMPLOYEE OR AGI~I~'I' RE3POHSIBLE TO DE'LIVER IT TO THE I~TEICDED RECIPIE.WI', YOU ARE ~EB Y NOTIFIED TH, AT ANY DI$$EMIlqATION.
DL~TRIB L.'rloN OR COPYI~G OF lq-IlS COMI~fL/NICATIOIq [$ STRICTLY PROI41~iTED, ~ YOU RI~CI~VF.,D TI-IlS COMI~UHIC^ TION IN ERROR. PLE^nE
IMMEDI^TELY NOTIFY US BY TELEPHONE AND RETURN ~ ORIGINAL I',,~$$AGE TO US AT ~ AI~OY'E ADDKE$~ VIA THE U.S. POSTAL
SERVICE.
B%'P. LESO~, P~ZE 8: Gz~so~-, L.L.R
~,,:-~z~ -. ~.e~e~ July 6 2001 *~-~o~
Via Fac simile NO. 214-965-0010
Rob~ Hager
A~omey at law
1800 Lincoln Pl~a
500 N. ~md
Dallas, Tex~ 75201
~: Mockingbird Prope~ies,%ot 4 Coppell Crossing
De~ Robe~:
Enclosed is a copy of Mr. Vexl~'s leaer to Messy. Sieb ~d Ei~ on July A 2001 ~d a new
lener of July 6, 2001 which, I th~, updates us on ~e present situation.
I would appreciate it if you could help me to p~sue resolution or,ese issues. Mr. Vexler
is fe~hl ~ litigation will e~ue ~om his tenet who is being denied occup~cy.
My direct dial nmber is 214-661-3939.
Very truly yours,
Timothy A. Duffy
cc: Mitch Vexler
07/~/2~ ~;~$ 2i487i07i$ BURLE$ON PATE PAGE 83
~ENT.!I¥: ~.~OCKING8~O P~O:E~TIE~; 940 ~ ~3~; JdL-Q-Ot ~:~OP~; PABE ~/~
Mockingbird Management Company
P.O Box 293053
Lewisville, TX.
75067
940-241-2353
fax 940-241-235;~
July 2, 2001
Mr Gary Scib
$obaz Elias
City of Coppclt
255 parkway
Coppell, IX.
75019
via fax 972-304-3673
Re: Lot 4 Coppell Crossing
Tiffs letter will confirm the following:
!. M.r. lohn Elias met with Mike Maculuso fi'am Terra Builders on July I, 2001.
'rh~ discussion ,,*'as that the owner h~s not pL'mtcd :he exact trees a.s defined in
thc constructmn set of drawings. Only thc wild plum tree, and Chinese
Pistachio is not present and has been rep!aced with Cedm' Elm and Live Oak
trees which are bigger trees and are more drought resistant. All the trees are
3" minimum and wc can prove it by the purchase order.
2. On July 2, 2003 the Owner received thc attached letter from John Elias.
COwner a.~'ees that thc irrigation system ig to be working and in-fact is
work/ag. Those zones where *.he grass is bro,*m were not turned on. The 3
dead trees will be replaced.
3. Mr. Gar)' Seib met with Mick btaculuso on July 2, 2001. The discussion wm
,5.. Mr. Seib wanted the extra curbs removed. The Owner will cover the
extra curbs with dir~ and ~od.
B. Dirt behind donut ~hap is to b~ remox, cd. 'l'h~s unit is m'vd~r
construction by thc tenant and should not hc the re~pou.~ibility of th~
Landlord to remove the tenants dirt.
C. Repaint the ?~ndicap ramp.
4. From past converse:ions with Mr. Maculuso or' l'etra Builders he was told by
C~ty Staffthat the irrigation lines and domeatic li~en on Lot 4 is to be are
loop-cd lines. This is a new criteria requested by the inspector, not in writing
and not part of the municipal ordinance and no~ found on uny other lot at
Coppell Crossing. in addition it was not on the approved blueprints for
construction.
07/8&/2881 15:85 2148718718 BURLESON PATE
~lT [~Y: ~OC~Iq~O PDODq~TI~; ~40 24t
;5. Mr. Maculuso was also told r_hat r.h¢ City wart',ed thc Owner to fix their lra£[ic
box lines. Tho Owner did not break the line md tt:ey were not working when
the project beg, mm. The City's repair person has alrc~tdy siatcd that thc lines
wcrc not working when we started construction, Thc City just wants the
Owner to pay for the repair, it is not the responsibility for ~.e Owner to fi×
thc Ci:y's lines. The City has an easement and they cm~ fix it or not.
Thc Owner has a lease with a Tenant which is ready for business and the Ten,mt has
reqt:es'ted its occupancy certificate from the City, The City has stat:d fl~at unless the
above items arc looked aflcr they will not re:ease the occupancy ccrtific-.te for the tenant.
It is clear that due to past disagreements with the Owner, thc C-ty is arbitrarily trying to
enforce items that thc City does not have the right to enforce.
If the Ci%,' would allow the tenant to open for business and ~vc the Owner enough time
to look after the items that thc Owner statexl above would bc looked after then wc can
avoid a la~, stdt, If not we will file suit against the city for d~rnase.~ and punitive
dmnages for acting in an arbitrary and capricious marmot,
The Owner is dcvelopiug a first class project and based on the above itcms, ~hcrc is no
reason to w~,thhold th~ tenants occupancy certificate.
S incerclY/7//.:.c
Mitche~iden, t
Mockingbird Properties
Cc: Mr. Tim Dut'6-, Burleson Pare aud Gibson
Mx. Tom Davis, Burleson Pate and Cribson
Mr. Dennis Wills, Terra Builders
Mr. Mark Glover, Terra Builders.
87/88/2801 15:06 214871B71B
o7.'o8,'zo0~ ~3:2o F~ 940 24~ 23~2 ' ~OC~ 0o~ool
Moc~ngblrd ~agemeat Company
P.O Box 293053
Lew~e, ~
75067
940-~1-2353 ~ -:
Yuly 6, 2~1
CiW of Coppell
255 p=~ay
75019
~a f~ 972-3~-3673
~: ~t 4 Coppell Cross~ng
1. Mypr~o~ le~er ofY=n= 2~ ~.
V~ ~s mot~g md bo~ g~a~n atated ~t a t~go~ g~t~ll b=
9~h, ouSi~g which ~es we~ ch=g~ for }or 4 ~ w~ch ~ ~1 b~
~ees w~c ch~g~ b~a~e the n~se~ w~ ua ~t ~e ~ ~ees Plum
~d ~smc~o do not do ~ well ~ Live O~ or Ce~ E~. ~e uees ~t
were aou~t to be dead ~ not d~d ~t ~ ~ ~o~ ~ fie ~ey ~ be
Moc~ngbkd
Cc; Mr. T~ ~, B~Ieson Pa~ ~d Gibs~ -. .... .
~. Tom Dav~, B~l~on Pate ~d ~bs~ ..~