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ST9502-CS 960130SchedUle 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 $.~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 Escrow Agreement, Escrow Agent is instructed to disburse to Wendy's ~he total amount set forth in paragraph 1 of this Request for Escrow Disbursement. DATED: //c~ , 199~. WENDY' S INTERNATIONAL, INC. .cc: 'The Parks of Coppell Trust Le~a!Oe~. 12221 Merit Drive, Suite 1750 Dallas, Texas 75251-2252 Attn: Marry 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 RMD/436775.02/D - 9 - EAST-WEST PUBLIC ROAD AND WATER LINE This is to certify that all of the improvements connected with this draw of $38,700 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 FUH~-R DR., SUITE 404, IRVING, TX 75038 / 214-79143070 f ITEM 1 ..2 3 5 6 7 Decel/Right tum lane South madway 8" water line & fire hydrant Spine Rd. & storm 8" sanitary sewer Town Center Blvd. TOTAL 30,072 23,200 14,637 160,644 72,526 160, 180 TOTAL DRAW1 &2 30,072 23,200 14,637 60,000 72,526 43,000 LESS 10% RETAINAGE 3 007 2 320 I 464 6 000 7 253 4 300 % COMPLETE 100 100 100 37 100 27 NET CHECK 27,065 20,880 13,173 54,000 65,273 38,700 219,091 Project: (Name) (Address) To (Owner): (Name) (Address) Application And Certificate For Payment Architect: WENDY'S OFF-SITE IMPROVEMEH.T_S (9520-A) $943.00 $385.00 112 North Denton Tap Coppell, TX 75019 WENDY'S INTERNATIONAL, INC. 4545 Fuller Drive, Suite 404 Irving, TX 75038 Attn: Mr. Tim West 'Change Order Summary C[i~hge Oders ap proved by in previous monthS- Deductions Additions TOTAL: S"ulS~,quent Change Orders Number I Ap, oved 1 12-06-95 2 12-19'95 TOTALS $0.00 $1,328.00 ~et change by Change Orders :.~'::.~....~ ..........$1,328.00 'State of: Texas County of: Tarrant Architect's Project No: Contractor: Contract For: Application Date: Period From: WENDY'S INTERNATIONAL, INC. Landmark General Contractors, Inc. Page 1 of 4 Pages Wendy's Restaurant CG3480, Rev. 5 12-27-95 Application No: 2 Dec. 5 ,19 95 To Dec. 27 ,19 95 Application is made for ayment, as shown below in connection with the Contract. Guideline Bi~,g, nd Payment Sheet, is a{tached. The present status of the account for this Contract is as follows: Original Contract Amount .................................... f Net change by Change~(grdee~,272-~2--..~...DA.T.F~ ../. :~.T.~.~..... CAR# I1_~'~: · P.O.#11~,O00O] Contract Amount To D~t~r s :,, -.F~.o,~ ,,, .................................... Total Completed to Date,,.~;,-,i~o~;~,,,L . ................................... (Column E) Retainage 10 % ~.~v~:,~c~s~s~ ................................... or as noted i~ Colum~cGE^r~n THAN PURCHASE ORDER The undersigned Contractor certifies that: the Work Covered by this Applicatio Total Earned Less Ret4inageDvAL ..................................... for Payment has been completed in accordance with the Contract Documents: all amounts have been paid by him for work for which previous Applications Less Prior Applications For Payment .............................. forPayments were issued and payments received from the Owner; and the current payment as shown herein is now due. Current Payment Due .................................... By: ~ ~~ Date: 12-27-95 My Commission expires: 04-11-97 $461,259 $1,328 $462,587 $244,763 $24,476 $220,287 $105,963 $114,324 December 19 95 Architect: By: This Certificate is not negotiable and is payable only to the named payee and its issuance, the payment and acceptance thereof are without prejudice to any right of the Owner or Contractor under the Contract Guildline Bid And Payment Sheet In computations below, round to nearest dollar. Submittal Number: Item Store Number: Scope of Work to Include Bid Value WORK COMPLETED Total Complete Balance Retainage vrevious iJtaw I his uraw To Date To Finish . ....... '::::!: ::: :::oo: :::::::::::::::::::::::: '00 " South Roadway Paving $23,200.00 $21,000.00 $2,200.00 $23,200.00 100%~2 ,~b".'.'.~ $2~ 8" Water Line & Fire Hydrant $14,637.00. '$14,637.00 . ~14,637.00 100%. ~ ~,~, Excavation & Grading ....................................................... i, .. ! ~i::;~:~:~::::i:::~:~i~:!:!i!ii?.5!;!:/!i:::::~:~!~i: ::: ::::::::::::::::::::::::::::::::::::::::: A. Cut B. Fill 5 Spine Road and Storm 6 8" Sanita_ry Sewer 7 Town Center BIrd. .... 8~ _ .A_.S_phalt Curb 9 Concrete Walks A. City B. Building 10 Approaches ' A. Concrete B. Asphalt 11 Asphalt Paving 12 Concrete Paving 13 Lot Striping 14 Trash Enclosure 15 Parking bumpers 16 Fencing/Screening Site Electrical 17 Electrical Service 18 Sign Conduit 19 Phone Conduit 20 Site Lighting 21 Transformer Pad ' Site Plumbing 22 Sanitary Sewer 23 Grease Trap ........ 24 Storm Sewer A. Manhole(s) B. Catch Basin(s) $160,644.00 $15,500.00 $44,500.00 $72,526.00 $48,000.00 $24,526.00 $160,180.00 $6,500.00 $36,500.00 $60,000.00 37%/~A1$100,644.00 / $6,000 $72,526.00 100%,~2 ' $0.00 $7,253 $43,000.00 27%]~' $1 17,1802~"0' $4,300 i~!Si:!:i::::E~i!:~:::: ~i~:: .iiiii~::~:,::~i:!: :.:: :::::::::::::::::::::::::::::::::::: i:;;: :E E: ::: z:: · "." "::' .' ::: ......::::: ': :; 5!; :':::!~i:::;':!: :; :: !~:: · ... ._ ..........'.. .. ....:. ~:::~::.:::: ~' : :::::::::: ::22: I:::::: ~:~:: ~!~:' Item Scope of Work to Include A C. 6"-8" D. 10"- 12" E. 18"-24" 25 Water Service 26 Gas Service Off-Site 27 Utility Extensions A. B. 28 Decel/Excel Lane 29 Miscellaneous A. Irrigation Sleeves B. Clean/Dumpster C. D. Building 1 Concrete Four~dation 2 Building Slab 3 Masonry 4 Structural Steel 5 Roof Joists 6 Joist Installation 7 Rough Carpen.t__ry_.. A. Material B. Labor 8 Finish Carpentry A. Material B. Labor 9 Walk-In Installation 10 Fascia Panel Installation 11 Building Insulation 12 Roofing & Flashing 13 Alum. Storefornt & Glaze 14 Pick-Up Window 15 Metal Door, Frame, Hardware Guildline Bid And Payment Sheet In computations below, round to nearest dollar. Bid Value WORK COMPLETED Total Complete I-'revious uraw I his Ur~W To Date B C D E(C+D) Submittal NUmber: Store Number: Balance To Finish F{B-E). ReSinage G Guildline Bid And Payment Sheet In computations below, round to nearest dollar. Item Scope of Work to Include Bid Value A B 16 Marlite Doors, Frames, Hardware 17 Door Hardware 18 Drywall 19 Acoustical Ceiling 20 Ceramic Tile 21 Quarry Tile 22 Decorator Tile 23 Carpet Installation 24 Wallpaper Installation 25~ _ _Pa!nt_ing_&" Staining 26 Toilet Part. & Access. Mechanical 27Plumbing 28Electrical 29Service Panel 30HVAC-Incl. Hood Installation 31Refrig. Installation Miscellaneous 32 Comunication System 33 Other (Specify) A. Clean/i~j~pster B. Window Shades C. Stainless D. Chases/Ladder Total Site Total Building Supervision & Overhead Profit Total Building &Site $461,259.00 WORK COMPLETED I-'revious Draw 'This uraw C D $461,259.00 $117,737.00 Total Complete To Date E(C+D) % Total $125,698.00 $243,435.OO 53% $117,737.00 $125,698.00 $461,259.00 $117,737.00 $125,698.00 $243,435.OO 53% $243,435.O0 53%' Submittal Number: Store Number: Balance To Finish F(B-E) Retainage G $217,824.00 $217,824.00 $217,824.00 $24,344 $24,344 $24,344 ~FINAL WAIVER OF LIEN (Strike out inapplicable word) 9520 TEXAS STATE of TARRANT ) COUNTY of ) SS: To all whom it may concern: NORTH TEXAS CONTRACTING WHEREAS, the undersigned LANDMARK GENERAL CONTRACTORS, INC. (General Contractor) (Nature of Work) in by the UTILITY & PAVING WORK 112 NORTH DENTON TAP at (Address) NOW, THEREFORE, for and in consideration of has been employed to furnish labor and/or materials for COPPELL, DALLAS COUNTY, TX (Cily, County and State) $87,464.61 __ for the Project DOLLARS and other valuable considerations, the receipt whereof is hereby acknowledged, the undersigned do(es) hereby waive and release any and all lien or claim or right of lien on the above described premises and the improvements thereon, under the statutes of the state in which the aforesaid ProjeCt is located relating to mechanics' liens, and on the monies or other consideration due or to become due from the Owner, and an account of labor or materials, or both, or that may be furnished by the undersigned to or on account of the said individual or firm therein named for the said premise or improvements. Notary: ~ ~ i My Commission Expires y-// Given this 21 st DECEMBER day. of 19 __ NORTH TEXAS CONTRACTING 95 J NOTE: All waivers must be for the full amount paid. If waiver is for a corporation, corporate name should be used; corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. Project: (Name) (Address) To (Owner): (Name) (Address) Application And Certificate For Payment Architect: WENDY'S INTERNATIONAL, INC. WENDY'S OFF-SITE IMPROVEMENTS (9520-A) 112 North Denton Tap Coppell, TX 75019 WENDY'S INTERNATIONAL, INC. 4545 Fuller Drive, Suite 404 Irving, TX 75038 Attn: Mr. Tim West Change Order Summary Change Oders ap proved by Owner in previous monthS- Deductions TOTAL: Subsequent Change Orders Number Ap, oved gte) Additions Page 1 of 4 Pages Architect's Project No: Contractor: Contract For: Application Date: Period From: Landmark General Contractors, Inc. Wendy's Restaurant CG3480, Rev. 5 12-05-95 Application No: 1 Oct. 19 ,19 95 To Dec. 5 ,19 9_5 Application is made for ayment, as shown below in connection with the Contract. Guideline Bi:cP~,nd Payment Sheet, is atttached. The present status of the account for this Contract is as follows: Original Contract Amount .................................... $461,259 Net change by Change Orders j- TOTALS $0.00 $0.00 Net change by Change Orders ..................... $0.00 Contract Amount To Date Total Completed to Date (Column E) Retainage 10 % ....................................................... $11,774 State of: Texas County of: Tarrant or as noted in Column G The undersigned Contractor certifies that: the Work Covered by this Applicatio Total Earned Less Retainage .................................... $105,963 for Payment has been completed in accordance with the Contract Documents: all amounts have been paid by him for work for which previous ApplicationsLess Prior Applications For Payment .............................. $0 forPayments were issued and payments received from the Owner; and the current payment as shown herein is now due. Current Payment Due .................................... $105,963 By: ~:. M~2 c .' Date: 12-05-95 My Commission expires: 04-11-97 , ,,,o,. =o.., Architect: By: This Certificate is not negotiable and is payable only to the named payee and its issuance, the payment and acceptance thereof are without p~ejudice to aqy right of the Owner or Contractor under the Contract ,X'X2/- $461,259 $117,737 PARTIAL/FINAL WAIVER OF LIEN (Strike out inapplicable word) 9520-A STATE of TEXAS ) COUNTY of TARRANT ) To all whom it may concern: SS: by the at WHEREAS, the undersigned LANDMARK GENERAL CONTRACTORS, INC.. has been employed WENDY'S INTERNATIONAL, INC. (General Contractor) to furnish labor and/or.materials for GENERAL CONTRACT WORK (OFF-SITE ~M~J~qy~rJ~FNTS) __ for the Project 112 NORTH DENTON TAP in COPPELL. DALI AS COUNTY, TX (Address) (City, County and State) NOW, THEREFORE, for and in consideration of $105,963.00 DOLLARS and other valuable considerations, the receipt whereof is hereby acknowledged, the undersigned do(es) hereby waive and release any and all lien or claim or right of lien on the above described premises and the improvements thereon, under the statutes of the state in which the aforesaid Project is located relating to mechanics' liens, and on the monies or other consideration due or to become due from the Owner, and an account of labor or materials, or both, or that may be furnished by the undersigned to or on account of the said individual or firm therein named for the said premise or improvements. 5th DECEMBER 95 - LAND ENE , CTORS INC. Notary: My Commission Expires April 11 ,19 97 ~P N~ . BY r Gary Gracey, resident of LANDMARK GENERAL CO CTORS INC. NOTE: All waivers must be for the full amount paid. If waiver is for a corporation, co porate name should be ' used; corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner.