Nancy and Clay, Per our meeting at the Town on Tuesday, November 10, 2009, concerning the Vitruvian Park Telephone easement on the park property, and specifically, the email to both of you from John Hill dated Thursday, October 22, 2009 1:19 PM. I have read the email from John and recommend the following: 1. Answer to John’s question under no. 1 is YES, SWB needs the right to add the item, (ii), because they will need power (from Oncor Electric Delivery) for the equipment station. 2. Answer to John’s question under no. 2 is NO (first paragraph) and YES (second paragraph). The second paragraph would require them, at the Town’s request, to relocate at their expense. That is too expensive for them to accept. I believe we have located them in a very well planned equipment area along with other electrical equipment that will not require relocation due to this development. The first paragraph, however, I believe we should try to retain, but in a modified form. Below is the modified paragraph that I believe we should send back to them: Without limiting the foregoing, Grantor shall have and reserves the right to dedicate, construct, operate, use, place, maintain, lay, inspect, protect, repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, parking lots, ramp area, landscaping, and other improvements and facilities, and appurtenances thereto, over, across, through and, under, and along the Property, and (ii) electric, gas, water lines, sanitary sewer lines, or drainage structures, and other public utility facilities, and appurtenances thereto, over, across, through and, under, and along, the Property, and such activities, improvements and facilities shall not constitute interference with said Easement and the rights conveyed hereby, so long as such activities, improvements and facilities do not impair, interfere with or obstruct Grantee’s use of the Easement for the purposes set forth herein. Roads, streets and parking lots are not applicable at this location and I do not believe we can expect SWB to allow our facilities “along” the telephone easement property, but, we need to retain the right to cross it. It looks to me like we are very close to getting this telephone easement in an acceptable final form. We really need to get this completed so that SWB can proceed with their construction parallel with ours. Please send your direction on these items to John Hill at your earliest convenience. Please let me know if you have any questions or would like to discuss. 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