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ST9502-CS 960227February 27, 1996 TOWN CENTER BOULEVARD This is to certify that all of the improvments ~nne~t~ with this draw of $106,311 are in place. This is the first draw relating to the east-west public road and water line. Attached are the following: 1. Application and Certificate for Payment 2. Guideline bid and payment sheet 3. Waiver of liens 4. Change orders TPW/csp att. WENDY'S INTERNATIONAL INC. / 4545 FULLER DR., SUITE 404, IRVING, TX 75038 / 214-791-0070 SchedUle 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~ 1 ;I 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 Escrow Agreement, EscrowAgent is instructed to disburse to Wendy's the total amount set forth in paragraph 1 of this Request for Escrow Disbursement. DATED: ~/~ , 199 ~. WENDY' S INTERNATIONAL, INC. CC: The Parks of Coppell Trust 12221 Merit Drive, Suite 1750 Dallas, Texas 75251-2252 Attn: Harry M. Margrave, Trustee 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 Legal Dept. R,MD/436775,02/D - 9 - TO: FROM: SUBJECT: DATE: CITY OF COPPELL, THE PARKS OF COPPELL TRUST, COMERICA TIM WES~ CHANGE ORDER ON EAST-WEST ROAD DECEMBER 7, 1995 The approved set of plans call for the fire hydrant, which is located on Denton Tap Road, but within the road bed of the new east-west road, to be removed. The inspector for the City of Coppell (Larry Davis) not only wants the fire hydrant removed from its present location, but also wants to have it re-installed 34' to the north. The re-installation of the fire hydrant, tee, and 6" valve is the reason for this change order. TPW/csp WENDY'S INTERNATIONAL INC. / 4545 FU~ ~ ~t DR., SUITE 404, IRVING, TX 75038 / 214-791-0070 12/06/1995 17:49 CHANGE ORDER AIA DOCUMENT G701 **** PRNRFRX UF-600 **** PROJECT: (name, address) TO (Contractor): WENDY'S OFF-SITE IMPROVEMENTS (9520-A) 112 Nodh Denton Tap Coppall. TX 75019 LANDMARK GENERAL CONTRACTORS, INC, 758 Nodh Carroll Ave. Southlake. TX 76092 You am directed to make the following changes in this Contract: 14715759 P. 02 DISTRIBUTE TO: OWNER ARCHITECT CONTRACTOR FIELD OTHER CHANGE ORDER NUMB INITIATION DATE; 12-08-95 ARCHITECTS PROJECT NO: CONTRACT FOR: CONTRACT DATE: Off-site Development 10-16-95 Remove the existing fire hydrant at the Denton Tap/Town Center Drive intersection and re-install the existing fire hydrant, tee and 6" valve approximately 34 If north. 2'39",," N6i' a,ia' t, si R'e 'by born the Owne ' a a'A h,tect. ' ...............TO.'rAL CO.Sy4a.O0 Signaturc ofthc Conlractor indicates his agrccmcnt herewith, includhlg any ad, itlslrncnt hl the (:nntmct Stlln or Contract ']'ime. Th'~.'~ri~n~"(Contm~t Sum) (G us, amt~eO j~;;Z~, ;',u;,, Cost) Was ................ '.... :..'.:: :'.".':'."::'. :. :; .................................... Net change by previously authorized Change Orders .......................................................................................... The (Contract Sum) (Ouo~_nt~d Ma~ .... Y~ C'~,,ft) prior to this Change Order was .............................................. The (Contract Sum) (C~orentced Maxim,.,,., Co~t) will be (increased)-(dccrlxisad) (,,nehanWed) by this Change Order .................................................................................................................................... The new (Contract Sum) (t2~erinteed Ma}~i~,,..t Doer) including thls Change Order ........................................... The Contract Time will be (Increased) (decreased) by The Date of Substantial Completion as of the date of this Change Order therefore is $4~1,259.db' $0.00 $461,259.00 $943.00 $462.202.00 ( ) Days ARCHITECT ...... A~idress ........ BY DATE AIA DOCUMENT Q70l LANDMARK GENERAL CONTRACTORS.IN WENDY'8 INTERNATIONAL, INC. CONTRACYOR ........... 6~)Vi~ER .... 756 No.d...h...C.a..rrpII Ave. 4288 WeN Dublin-Granville Road Address .~,~ ..... ~'dr"~ ................. South e TX Dubhn OH BY ..... ~ ......;.' ' ' Ge Gr ........... " ' ' T CTORS,INCBY LA .......................................... DA. TE_;__.1_.2;(:)6'95 DATE