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ST9502-CS 951012 (2)CABLE-UWAL TELEX-73-385 TELECOPIER-{::'I4) 953-58;~;' WRITER'S DIRECT DIAL NO.: Richard M. Dooley (214) 953-5980 JACKSON & WALKER, L.L.P. ATTORNEYS AND COUNSELORS 90~ MAIN STREET SUITE 6ooo DALLAS, TEXAS 75~.02-3797 (214) 953-6000 October 12, 1995 OTHER LOCATIONS HOUSTON FORT WORTH SAN ANTONIO VIA TELECOPY 965~0010 Peter G. Smith, Esq. Nichols, Jackson, Dillard, Haggard & Smith 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 East-West Public Road (herein so called) to the north of the tract being acquired by Comerica Bank-Texas CComerica") located in Coppell, Texas Dear Pete: Pursuant to our prior discussions, attached with respect to the above captioned are proposed drafts of the following: (i) Right-of-Way Dedication from The Parks of Coppell Trust (the "Trust") to the City of Coppell, Texas (the "City") dedicating to the City the right-of-way for the East-West Public Road; (ii) East-West Public Road Construction Supervision Agreement among the Trust, the City, Comerica and Wendy's International, Inc. CWendy's") pursuant to -which Wendy's agrees to contract for and supervise the construction of the East-West Public Road and the Trust, the City and Comerica agree to pay the costs thereof; and (iii) East-West Public Road Escrow Agreement among the Trust, the City, Comerica, Wendy's and Jay S. Turner, P.C. ("Escrow Agent") pursuant to which the Trust, the City and Comerica escrow funds with Escrow Agent to pay the costs for the construction of the East-West Public Road. By copy of this letter, I am telecopying additional sets of the attached to Daniel G. Carducci, Esq., attorney for Wendy's, and to Donald H. Snell, Esq., attorney for Comerica. By copy of this letter, I am mailing sets of the enclosed to Messrs. Dan Beaird, Harold Ginsburg, Ken Griffin, Harry Hargrave, Paul Hoffman, Jay Turner, Tim West and Jim Witt. It is my understanding that the plans for the East-West Public Road have been furnished to Mr. Griffin and that Mr. West currently is obtaining bids for the construction of the East- West Public Road which, hopefully, will be available in the near future. Peter G. Smith, Esq. October 12, 1995 Page 2 It is my further understanding that Wendy's wishes to schedule the construction of the East-West Public Road together with the construction of other infrastructure improvements to be constructed in the proximity of the East-West Public Road (i. e., the southern portion of the north-south spine road and the non-public extension thereof, the sanitary sewer line and the east- west non-public road located to the south of the tract owned by Wendy's). Since Wendy's intends to commence construction of such other infrastructure improvements in the near future, it is essential that the attached documents be agreed upon and executed as soon as possible. Consequently, your earliest attention to the attached would be greatly appreciated. I will look forward to hearing from you with your questions or comments. Richard M. Dooley RMD/am Enclosures CC: Daniel G. Carducci, Esq. (w/enc.) - VIA TELECOPY 614/764-3243 Donald H. Snell, Esq. (w/enc.) - VIA TELECOPY 871-3517 Mr. Dan Beaird (w/enc.) Mr. Harold Ginsburg (w/enc.) Mr. Ken Griffin (w/eric.) Mr. Harry Hargrave (w/enc.) Mr. Paul Hoffman (w/enc.) Jay S. Turner, Esq. (w/enc.) Mr. Tim West (w/enc.) Mr. Jim Witt (w/eric.) RMD/436877/D