OK. Now we are clear on Item #1. UDR is asking that we pay the cost, not just execute a license agreement to allow them to work in the right-of-way. Carmen Moran Director of Development Services Town of Addison P.O. Box 9010 Addison, TX 75001 Ph: 972-450-2886 Fax: 972-450-2837 Email: cmoran@addisontx.gov P Please consider the environment before printing this email. -----Original Message----- From: Matthew Brendel [mailto:MBrendel@udr.com] Sent: Tuesday, December 08, 2009 3:39 PM To: Ron Whitehead; Lea Dunn; Carmen Moran Cc: Mark Culwell; bdunne@icon-engineers.com; Jennifer Haynes; Tom Lamberth Subject: RE: Current Construction Issues - Phase 1B Contract Sorry I was not clear on item #1. In response to Carmen’s voice mail today, UDR is willing to cover only the installation of the gas line once it comes off the main gas line along the ROW in Ponte Avenue which will cross into our property line from Ponte Avenue – this branch line which extends off the main line at the southeast corner of the tower will only provide service to Phase 101. We feel the installation of the main gas line within the ROW that will allow service to be provided to the broader master plan should be an expense covered by the Master Facilities Agreement. From: Matthew Brendel Sent: Monday, December 07, 2009 2:13 PM To: Ron Whitehead; Lea Dunn; Carmen Moran Cc: Mark Culwell; bdunne@icon-engineers.com; Jennifer Haynes; Tom Lamberth Subject: Current Construction Issues - Phase 1B Contract As indicated during our meeting this morning, there are some outstanding issues related to the ongoing construction as part of the Phase 1B contract: 1. Atmos Agreement – A main gas line needs to be built along Ponte within the right of way. This main line will come off the existing line along Brookhaven Club Drive. North Texas has a signed change order from Addison approving the work to be done in the right of way. A three way agreement is required between Atmos, North Texas, and Addison to commence work. This agreement was submitted to John Hill who denied the agreement citing that the gas line should not be paid for by Addison. UDR is willing to cover the branch line that comes off the main line in the ROW and into the private development on the southeast side of the building, but it is my understanding that the spirit of the MFA has always been to cover utilities within the right of way. This agreement really needs to be expedited as the gas line needs to be installed before paving begins on Ponte which is scheduled for this month. 2. AT&T Easement – the AT&T easement was approved during Council subject to city attorney approval of the language. The easement language is stuck in the John Hill’s office. The quick commencement of this work is imperative for the private construction as AT&T needs this easement in place to bring their services through the right of way and into the first phase of development. 3. Change Order for structural support of electric duct bank man hole – when the electric duct bank was designed, the phasing of the infrastructure work was not taken into consideration completely and the effects of the bridge abutment were not completely understood at the time of design. In order for the construction of the building to not delay due to no electric availability, and since the delay of the construction of the bridge had occurred – the manhole on the southeast corner of the tower needed to be structurally supported so that it doesn’t get destroyed during construction of the abutments of the Ponte Bridge. This necessitated a change order for the Phase 1B contract with North Texas who is installing the electric duct bank as part of their contract. Clay has simply mentioned several times that he cannot approve the change order without authorization from at least the Assistant City Manager level. The rough order of magnitude of this change order is $40K. Matt Brendel Development Associate RE3 A UDR COMPANY Three Lincoln Centre 5430 LBJ Fwy, Ste. 1250 Dallas, TX 75240 T: 972.763.3510 | F: 972.866.0163 www.UDR.com