-----Original Message----- From: Bruce Dunne [mailto:bdunne@icon-engineers.com] Sent: Tuesday, October 27, 2009 3:50 PM To: Nancy Cline Subject: FW: Vitruvian Park - Park Road Telephone Easement Nancy – Please see the attached message from AT&T! We need to get John Hill to be reasonable to get this resolved. _____ From: Joel Massey Sent: Tuesday, October 27, 2009 3:46 PM To: Bruce Dunne Cc: MCFADIN, MAXIE (ATTSWBT) Subject: RE: Vitruvian Park - Park Road Telephone Easement From: MCFADIN, MAXIE (ATTSWBT) [mailto:MM429F@att.com] Sent: Tuesday, October 27, 2009 3:30 PM To: Joel Massey Subject: RE: Vitruvian Park - Park Road Telephone Easement Joel: Thank you for calling me to let me know the update on the proposed AT&T easement. I can’t say that I have ever negotiated easement language AFTER a city or town council approval. The document has always been required to be negotiated prior to the agenda deadline. As I told you, we cannot accept the language inserted by John Hill with the term and relocation stipulations for our equipment to serve this development. I do hope that council does not approve it in that format. I will patiently wait to see what you tell me tomorrow………………………….. Thank you! :-) Maxie (817) 713-4244 From: Joel Massey [mailto:jmassey@icon-engineers.com] Sent: Tuesday, October 27, 2009 2:28 PM To: MCFADIN, MAXIE (ATTSWBT) Subject: RE: Vitruvian Park - Park Road Telephone Easement No not a word. We will call now and check. I will let you know. Joel From: MCFADIN, MAXIE (ATTSWBT) [mailto:MM429F@att.com] Sent: Tuesday, October 27, 2009 2:25 PM To: Joel Massey Subject: RE: Vitruvian Park - Park Road Telephone Easement I just checked with our attorney. He has not heard back from John Hill since the email he sent him. Have you heard anything? From: Joel Massey [mailto:jmassey@icon-engineers.com] Sent: Thursday, October 22, 2009 1:17 PM To: MCFADIN, MAXIE (ATTSWBT) Cc: HIX, JD (ATTSWBT) Subject: RE: Vitruvian Park - Park Road Telephone Easement Maxie, Keep on this and let me know the response. We still have a shot at the October 27 Council Meeting. Joel From: MCFADIN, MAXIE (ATTSWBT) [mailto:MM429F@att.com] Sent: Thursday, October 22, 2009 10:45 AM To: Joel Massey Cc: HIX, JD (ATTSWBT) Subject: FW: Vitruvian Park - Park Road Telephone Easement Joel: Keeping you in the loop…………… Maxie McFadin, SR/WA (817) 713-4244 From: WELSCH, DAVID C (Legal) Sent: Thursday, October 22, 2009 10:39 AM To: 'Hill, John' Cc: MCFADIN, MAXIE (ATTSWBT) Subject: FW: Vitruvian Park - Park Road Telephone Easement John -- here are our edits to your most recent draft of the Easement Agreement. As Maxie has explained below, we are not willing to accept a limited term, or give the city the right to make us relocate at our cost. I have therefore deleted the provisions that you had added on those issues in the latest round of edits. I had a few other edits to clarify that even within the Equipment Station portion of the easement, there will be some underground facilities, such a telecommunications and electric lines connecting to the above ground equipment. I have also reinserted the language regarding our right to place, or authorize others to place, electric service lines, since we will need to power the equipment. On the Indemnity issue, I have made changes to more closely track the language that was agreed upon for the Addison Airport easement. I also had some changes to other provisions that you added in this latest round of edits. You will see these issues in the red-line. The key issue is whether the city is willing to grant a perpetual easement. If not, there is no point in trying to resolve the other issues. _____ From: MCFADIN, MAXIE (ATTSWBT) Sent: Thursday, October 22, 2009 9:41 AM To: jmassey@icon-engineers.com Cc: WELSCH, DAVID C (Legal); HIX, JD (ATTSWBT) Subject: FW: Vitruvian Park - Park Road Telephone Easement Joel: Per our conversation, attached is the second redline by John Hill of the proposed AT&T easement. As you are aware, we cannot agree to the relocation of our equipment or a term on the easement. He references an underground easement previously completed at the Addison Airport. This is not the same type of easement or the same circumstances. As you know, our above ground equipment to be placed within this easement for Vitruvian Park cannot be relocated because we would have customers without service. We will continue to work with the Town of Addison and Mr. Hill to get a document that will work for both parties, but time is running out and we cannot start construction until an easement document is approved by council and signed. Can you please let me know the next council agenda deadline date? Thank you, Maxie McFadin, SR/WA (817) 713-4244 _____ From: Hill, John [mailto:jhill@cowlesthompson.com] Sent: Tuesday, October 20, 2009 3:50 PM To: WELSCH, DAVID C (Legal) Subject: RE: Vitruvian Park - Park Road Telephone Easement David, attached is a red-lined and clean draft of the easement for the Vitruvian area. In the interest of time, it’s being sent to you simultaneously with sending it to the Town, and it remains subject to the review, modification and approval of he Town Staff and Council and to the further review, modification and approval of our office. The “base” document is the document that you reviewed and edited and forwarded yesterday. It includes some of the changes that you requested in the draft that you forwarded yesterday, and includes some further changes, many of which are similar to provisions that were included in a 2008 form of easement with Southwestern Bell across property at Addison Airport. A couple of notes: 1. The biggest changes to the prior draft are the term and the right to require relocation if needed by the Town. The proposed language of both changes mimics the language in the Airport easement mentioned above. 2. The language that was proposed – that the easement includes the “right to drain or sheet flow storm water runoff from the Easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property” – has not been included, but has been submitted to the City engineering staff for comment. 3. In the indemnity provision, it was proposed that the words “in whole” be deleted; the words remain in the attached draft. The classic example is if a Southwestern Bell employee is injured and sues the owner (Addison) but not the employer (Bell) because of the workers compensation exclusion. The allegation will be that the owner is solely liable and, in that instance and without those words, there will be no indemnity, regardless of the employer's fault. John Cowles & Thompson 901 Main Street 3900 Bank of America Plaza Dallas, Texas 75202 (214) 672-2170 (telephone) (214) 672-2370 (telecopy) _____ From: WELSCH, DAVID C (Legal) [mailto:dw4543@att.com] Sent: Monday, October 19, 2009 4:56 PM To: Hill, John Cc: MCFADIN, MAXIE (ATTSWBT) Subject: FW: Vitruvian Park - Park Road Telephone Easement John -- I was asked to review your proposed changes to our easement for the Vitruvian Park development. Most of your changes are acceptable, but we have issues with a few of the changes. I know that they would like to get this finalized by tomorrow so that it can be placed on the agenda for the October 27 council meeting. Can you take a look at this and give me a call to discuss? David C. Welsch General Attorney - Network Operations AT&T Services, Inc. One AT&T Plaza, Room 2930 Dallas, TX 75202 Phone: 214-757-3393 Fax: 214-761-4065 Email: david.c.welsch@att.com From: Joel Massey [mailto:jmassey@icon-engineers.com] Sent: Friday, October 16, 2009 9:30 AM To: MCFADIN, MAXIE (ATTSWBT) Cc: Bruce Dunne; Clay Barnett Subject: RE: Vitruvian Park - Park Road Telephone Easement Maxie, Concerning the Vitruvian Park – Park Road Telephone Easement, the Town of Addison is now the property owner of the proposed telephone easement tract. We have forwarded the “blank equipment station easement with underground lines” document, that you provided, to the Town of Addison for review. Attached is the modified easement language from the Town of Addison legal counsel. There are two documents attached in Word format. The first shows all of the document modifications and the second is the modified document. Also attached is the completed and signed legal description and exhibit for the telephone easement in PDF format. Please review these documents, and If acceptable to you, please provide a final document for Town of Addison council approval. We are proposing that this easement be placed on the October 27, 2009 council agenda, but must have the final document delivered to the Town one week prior to that date. Please let me know if you have any questions or need additional information. Joel A. Massey Project Manager icon Consulting Engineers, Inc. Bicentennial Financial Center 250 W. Southlake Blvd., Suite 117 Southlake, Texas 76092 Phone: (817) 552-6210 Fax: (817) 552-3126 Mobile: (817) 229-7944 jmassey@icon-engineers.com From: MCFADIN, MAXIE (ATTSWBT) [mailto:MM429F@att.com] Sent: Thursday, October 08, 2009 8:55 AM To: Joel Massey Subject: RE: Vitruvian Joel: As you requested, here is a copy of a blank equipment station easement with underground lines for review. I will insert signature block, etc. after I receive from you and return a completed copy. Thanks so much! Maxie McFadin (817) 713-4244 From: Joel Massey [mailto:jmassey@icon-engineers.com] Sent: Wednesday, October 07, 2009 4:01 PM To: Maxie McFadin Cc: MCFADIN, MAXIE (ATTSWBT) Subject: RE: Vitruvian Thank you Maxie. I will look for the easement language tomorrow. Attached are the exhibits I am forwarding to our Surveyor for preparation of the legal description and exhibit. Joel A. Massey Project Manager icon Consulting Engineers, Inc. Bicentennial Financial Center 250 W. Southlake Blvd., Suite 117 Southlake, Texas 76092 Phone: (817) 552-6210 Fax: (817) 552-3126 Mobile: (817) 229-7944 jmassey@icon-engineers.com