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Lake Park/FP-CS 911107LAWRENCE W. JACKSON TIM KIRK ROBERT L. DILLARD III ROBERT D HEMPHIll ROBERT L. DILLARD, JR H. LOU~S NICHOLS OF COUNSEL NICHOLS, JACKSON, KIRK & DILLARD (Formerly Sallinger, Nichols, Jackson, Attorneys & Counselors at 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 (214) 954-3333 Facsimile (214) 954-3334 ~ ~ 8~ !CE GRIFFIN STOCKARD November 7, 1991 Mr. Gary Sieb Director of Planning and Community Services City of Copp/ell P.O. Box 471~ Coppell, TeXas 75019 Dear Ga~y: Re: Lake Park MacArthur Blvd. Screening Wall; Our File No. 728 I have reviewed the material you sent to me concerning the mentioned matter. We could run into problems leasing a portion of the public right-of-way for construction of the screening wall, however, I feel that we could properly enter into a ,a~.~!~ permit to use the 2 1/2 foot strip of right-of-way for the. p~rp_gse' of constructing and' main'taihin-g'~e'~c~r'~'e'~]n*~~ ........ ~.~ ,.--'~,~ ................ '~,~ .......... ~~ ~ To eliminate any objection that the franchise isa ,err~anent rfr~chise~the~-~ agreement should include a provision that the franchise permit could be canceled by the City in the event the City determines that the !and is needed for public purposes. The agreement should also provide that the association will construct and maintain~ the wall and will give the City the right to perform the maintenance on the wall if the association fails to reasonably perform its maintenance obligations within ten (10) days after receipt of written notice from the City stating the nature and extent of the~ association's failure to maintain. The agreement should also provide that in the event the City does have to perform any such maintenance it would have the right to bill the association for such expenses and costs. Any work that the City would do on the wall would not terminate the association's obligation to continue to maintain the wall pursuant to the agreement. Mr. Gary Sieb November 7, 1991 Page 2 After you have had a chance to review this, please give me a call so we can discuss the matter further. LWJ/gh Very truly yours, NICHOLS, JACKSON, KIRK & DILLARD