ST9502-CS 960422SchedUle 1
REOUEST FOR ESCROW DISBURSEMENT
TO:
Jay S. Turner, P.C.
598 Denton Tap Road, Suite 106
Coppell, Texas 75019
Attn: Jay S. Turner,
President
1. Pursuant to that certain East-West Public Road Escrow
Agreement (the "Escrow Agreement"), dated November 15, 1995, among
The Parks of Coppell Trust (the "Trust"), the City of Coppell,
Texas (the "City"), Comerica Bank-Texas ("Comerica"), Wendy's
International, Inc. ("Wendy's") and Jay S. Turner, P.C. ("Escrow
Agent"), wendy's hereby requests a disbursement in the amount of
$/O 7/~ to pay the costs of labor and materials incurred with
respect to the construction of the East-West Public Road and/or the
Water Line.
2. As Annex A, Wendy's has provided herewith: (i) itemized
statements, bills or invoices for labor and materials utilized in
connection with the construction of the improvements described in
paragraph 1 of this Request for Escrow Disbursement, in support of
the disbursement requested in paragraph 1 of this Request for
Escrow Disbursement; and (ii) lien waivers or releases covering
labor or materials funded by the preceding disbursement.
3. Wendy's has provided herewith, as Annex B, a certificate
executed by Tim West which sets forth: (i) the portion of the
improvements described in paragraph 1 of this Request for Escrow
Disbursement that have been completed; (ii) a statement that the
labor and materials covered by this Request for Escrow Disbursement
have been performed and/or are in place; and (iii) the aggregate
amount of disbursements from the Escrowed Funds that have been
advanced to Wendy's to date.
4. Wendy's hereby certifies that: (i) to the best of
Wendy's knowledge, the statements made in this Request for Escrow
Disbursement and any documents submitted herewith and identified
herein are true, correct and complete in all material respects; and
(ii) all previous disbursements under the Escrow Agreement have
been applied in payment of the obligations set forth in any prior
Request for Escrow Disbursement delivered to Escrow Agent.
5. Concurrently herewith, Wendy's has delivered to the
Trust, the City and Comerica true, correct and complete copies of
this Request for Escrow Disbursement together with Annexes A and B
- 8 -
attached hereto. Unless Escrow Agent receives written objection
from the Trust, the City or Comerica to the disbursement requested
hereby within seven calendar days after the Trust's, the City's and
'Comerica's receipt hereof, in accordance with paragraph 3 of the
Ebcrow Agreement, Escrow Agent is instructed to disburse to Wendy's
the total amount set forth in paragraph 1 of this Request for
'Escrow Disbursement.
WENDY' S INTERNATIONAL, INC.
CC:
The Parks of Coppell Trust
12221 Merit Drive, Suite 1750
Dallas, Texas 75251-2252
Attn: Harry M. Hargrave,
Trustee
Legal Dept.
The City of Coppell, Texas
255 Parkway Boulevard
Coppell, Texas 75019
Attn: Jim Witt, City Manager
Comerica Bank-Texas
P. O. Box 650282
Mail Code 6518
Dallas, Texas 75265-0282
Attn: Adena Nichols, Vice President
RMD/436775.02/D
- 9 -
JArilp22, 1996
Jay S. Turner, P.C.
598 Denton Tap Road, Suite 106
Coppell, TX 75019
Re: Escrow Accounts
Dear Mr. Turner:
The City of Coppell has inspected and approved all road and utility construction relating to our escrow
accounts.
At this time, you may release the escrow funds as follows:
The ten percent (10%) retainage to Wendy's
Item
1
2
3
5
6
7
Decel/Lea Turn Lane
Silt Fence
South Roadway
8" Water Line & Fire Hydrant
Spine Road & Storm
8" Sanitary Sewer
Towne Centre Boulevard
Move Fire Hydrant
10% Retainage
3,007
39
2,320
1,464
16,064
7,253
16,018
94
46,259
2. Remaining portion of the 110% escrow back to Wendy's and Parks of Coppell Trust
Also enclosed are an application for payment and a final lien waiver for the total project.
If you have any questions, please give me a call at 214/541-5552. Thanks again for all your help on this
project.
Sincerely,
WENDY'S INTERNATIONAL, INC.
Tim P. West
Southwest Construction Manager
TPW/csp
WENDY'S INTERNATIONAL, INC. / 4545 FULLER DR., SUITE 404, IRVING, TX 75038 / 214-791-0070
T 'r ',: r'