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City ltr. re parking lot materiC-OPPELI September 17, 2003 Mr. Michael Hershman Eagle Equity Incorporated Three Lincoln Centre 5430 LBJ Frwy Suite 1575, LB 29 Dallas, TX 75240 Dear Mr. Herschman: The city is in receipt of your letter requesting that a council agenda item be placed on the September 23 City Council meeting related to the parking lot situation at the Braewood Shopping Center. We have placed this item on the proposed agenda for the meeting in question. As was the case at the prior meeting you attended, the City Council may very well discuss this issue in work session, however there is no guarantee that will take place at this meeting due to other scheduling issues on this particular agenda Please be prepared to present your case to the council. Given the fact that you are seeking an exception to the subdivision ordinance, it would be very beneficial if you provided detailed information regarding how you are planning to provide a 100% concrete base to be overlaid with asphalt that will then be overlaid with the polycon product. Please understand that there is no pre-supposition that the City Council will look favorably upon this request. During several conversations with you and others representing Eagle Equity and the Braewood Shopping Center, our staff'has offered several suggestions. While we are interested in determining how this product might perform, we are most interested in returning this particular property to a condition that meets with our codes. Toward that end, the staffwill support your proposal provided that several conditions are met. The first condition is that all asphalt repairs below the overlay level be returned to a concrete material providing a minimum of 5 inches of concrete throughout the entire parking lot. Doing so may help better stabilize the base upon which the asphalt and polycon overlays will be applied. The second condition requires this application of the polycon product to be a test period for 24 months. During this time the city staffand representatives from Eagle Equity will meet quarterly to determine whether or not the product is performing in a satisfactory manner and that subgrade failures in the underlying concrete are not continuing to cause a deterioration of the parking lot. Should the condition of the parking lot continue to deteriorate during the 24 month test period it will be the city's expectation that Eagle Equity would restore the parking lot to its original all concrete construction surface as is currently required by code. The last condition requires a performance bond be obtained and placed on file with the City of Coppell to ensure that sufficient funds would be available in an event of a failure of the proposed remedy Please advise whether you are agreeable to each of these conditions, so we can convey to the City Council your intentions regarding the above conditions for your proposed remedy at this time. Please feel flee to call should you have any questions about this correspondence or any questions regarding the upcoming City Council meeting. Respectfully, Cla~Phillip~s' Deputy City Manager CP/sh Jim Witt Ken Griffin Gary Sieb