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Town C AddL1/FP-CS000510COPPELL, TEXAS 75019 RO. Box 478 Coppell, Texas 75019 May 10, 2000 Mr. Matt Malouf Malouf Interest, Inc. 3811 Turtle Creek Blvd., Suite 1800 Dallas, TX 75219 RE: Landscaping at Eleanor's Square Dear Mr. Malouf: There have been several conversations between the City and you regarding the above-referenced subject over the last few weeks. The concern that continues to affect you and us is the replacement of dead landscaping and continued maintenance of the plant material. My understanding regarding your feeling - simply stated - is that the shrubs and trees died because of inadequate maintenance by the City. We denied those allegations and countered through citation that you never initially maintained the material, thus are still responsible for the plants. My purpose in writing you is to offer a potential solution to our impasse which I feel is equitable to all. In exchange for your providing appropriate landscaping material to replace the dead plants in the medians, the City will remove the dead material, plant and maintain the medians from planting date forward, and cease pursuing legal actions against you regarding this issue. The plant material in question, seven trees and numerous shrubs, is included on the attached sheet. These are the plant materials needing replanting. I believe this agreement will result in a fair resolution to these problems, with both sides giving a little to resolve this problem. Because we have begun legal action, we need to resolve this quickly. Please also understand that this is our final offer and anything less than this proposal will not be considered. I would appreciate a reply within two weeks of the date at the top of this correspondence, which would require your written response on or before May 24, 2000. If we have not heard from you by that date, we will resume legal proceedings. I honestly feel this proposal works to the advantage of us both and look forward to an expeditious reply to our offer. }im Witt City Manager Attachment T H E: · C: I T Y · 0 Ir CO??ELL PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: May 9, 2000 From: Re: Clay Phillips. Deputy City Manager Gary D. Sims, CLP, Director ~7) Eleanor Square Landscape Plant Material Requirements Per your instructions, we have evaluated the condition of the plant material planted in the medians as part of the landscape requirements for the Eleanor Square Development. As we had indicated previously, a large number of the trees and shrubs are dead. We believe the following is an accurate representation of the plant material requiring replacement and the cost ofmaterial.~ for a bubbler irrigation system addition to ensure the thorough watering of the new trees. 7 Cedar Elm trees 3" caliper (~$200.00 ~a. -- 60 Barberry Shribs (2 gallon size) ~$4.95. 46 Juniper. (5 gallon size) ~$(6.95) ,400..00 297.00 -319.00 Materials and equipment cost of a bubbler system: 1. Piping, heads, remote valves, miscellaneous fittings, $1,500.00 2. Equipment Rental: a. (I) trencher I day ~ $250. 250.00 Grand Total $3,7769.00