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ST9502-CS 951009 (3)0CT-09-1995 18:10 FROM JACKSON ~ WALKER TO 9-50455?0 P.O2x05 JACKSON & WALKER, L,L,P, ATTORNEYS AN C) COU NSr, LORS :iol MAIN STR[IrT SUITE SO<X) DALLAS, TF, XA,~ 7520Z'3797 (a14) 953-e,(XX)' October 9, I995 FOR'? WORTH ANTONIO VIA FEDERAL EXPRESS Daniel G. Carducci, Esq. Senior Corporate Counsel Weudy' s International, Inc. P. O. Box 256 4288 West Dublin Granvilie Road Dublin, Ohio 43017 Real Estate Purchase Contract (the "Contract") by and between The Parks of Coppell Trust (the "PC Trust"), as Seller, and Wendy's Intentional, Inc. ("Wendy's'), as Buyer, covering a tract of land located in Coppell, Texas (the "Property ") Dear Dan: Pursuant to our prior discussions, enclosed with respect to the closing of the Contract are five execution counterparts of each of the foUowin~ documents: (i) Construction Supervision Agreement; (it) Escrow Agreement; {iii) North-South Non-Public Road Access Easement Agreement; (iv) East-West Road Mutual Access Easement Agreement; and {v) Temporary Access Easement Agreement. It is my understanding that you will obtain execution (and acknowledgemerit where required) of the enclosed by duly authorized officers of Wendy's and deliver the enclosed by Federal Express (or other overnight courier) to Jay S. Turner, Esq. of Chicago Title Insurance Company for the closing of the Contract on Wednesday (October 11) of this week. It is my further understanding that you also will deliver to Mr. Turner for the closing five execution counterparts of the Contract and five execution counterparts of the Temporary North-South Road Access Easement Agreanent executed (and acknowledged where required) by duly authorized officers of Wendy's. Tomorrow I will deliver to Mr. Turner the remaining closing documents which you already have approved and the forms of Right-of-Way Dedication (North-South road), Right-of-Way Dedication (decelevation lane) and Sanitary Sewer Easement (covering the portion of the sanitary sewer line easement area owned by the Trust) which you a/so have approved. 0CT-09-1995 16:11 FROM JACKSON ~ WALKER TO 9-30435?0 P.03/03 Daniel G. Cantucci, Esq. Octo~r 9, 1995 Pag~ 2 At this time, I have been unable to obtain from Mr. Mike Shipman the execution counterparts of tl~ Restriction Agreement which I delivered to Mr. Shipman on October 3, 1995. Hopeful]y, Mr. Shipman will deliver the counterparts (executed and acknowledged by Ovenon Bank and Trus0 to either myself or Mr. Turn~ for the closing. Obviously Wendy's will have to execute the Restriction Agreement after the closing. Further, Mr. Kenneth M. Griffin, P.E., Assistant City Manager/City Engineer is pr~paxing a sanitary sewer casement for execution by the City of Coppell covering the portion of the sanitary sewer line easement area owned by the City. Mr. Turner will telecopy to each of us settlement statements for the closing. I am not aware at this time of any additional documentation required by Mr. Turner other than you should furllish him with evidence of the authority of the officers executing documents on behalf of Wcndy's. Please contact me if you have any questions. Richard M. Dooley RMD/em Enclosures Mr. Dan L. Beaird - VIA TELECOPY 522-2682 Jay S. Garrett, Esq. - VIA TELECOPY 817/332-7473 Mr. Kertueth M. Griffin, P.E. - VIA TELECOPY 304-3570 Mr. Harry M. Hatgrave - VIA TELECOFY 233-5881 Mr. Paul Hoffman - VIA TELECOFY 541-0179 Mr. Mike Shipman - VIA TELECOPY 304-8263 Jay $. Turner, Esq. - VIA TELECOPY 393-5926 RMD/435884,rD TOTAL P.03 214 955 5823 FROM 5~KSON & WALKER TO JACKSON & WALKER, L.L.P. 901 Main Street Sui~ 6O(K) Dallas, Texas 75202 (214) 953-ffKK 9-5045570 P.01/05 FACSIMIL~ C2~3-SS22, (2~4)9S3-5523 C2:4)gS3-STOL C2x4)gs3-sTo4 FACSIMILE - DISTRIBUTION TJST OTH]~ LOCATION5 Fort Worth, Piouston, SSu Antonio Number of pages including cover sheet: ,~ NAME COMPANY NAM~ - -- _ ._ Client/Matter No.: Timekeeper ID: facsimile is i~U~nde~t only for u.~ of the' addressre. If ~he ~ of ~ ~e is s c~t ~ ~ of ~ ~u, you ~ ~~ ~ ~e ~ ~U l~y ~eg~ ~ ~~ sg~t f~ ~e ~~ w~ch we ~ to ~d ~ ~e ~ ~Y- h my ~t, · y~ ~ n~ ~e ~ ~ipi~ of ~ ~le, y~ ~ h~y ~ ~t you ~ve ~ ~y ~~. ~ y~ ~ve ~v~ ~s f~e ~ ~, pl~ ~i~-ly ~ ~ by ~1~ ~ ~ y~ ~ ~ no~g ~ ~ ~ ~g ~ ~e m ~. ~ ....._ .... _ ~ ~H (214) 95] ~ you do not ~eive ~ ~- FACS~E- ~O~CE USE Da~: