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HomeMy WebLinkAbout09-03 Home Depot Import Distribution Center - Shawnee - Backfile• • ,A// �- Jtli Aan Sin CASH J. 003 003030 MR Date Received from - gj F Address (14Yi Q Mars — V� n� . U W AN(T OF ACCOUNT CASH �a Y AAAT PAID MEC AIWI�N(Y Y BALANCE ORDER 13 DUE DIT CARD a Date: SITE PLAN TRACKING SHEET File opened L Reference Manual updated/number assigned Lef�I D-base updated / ` 03 File given to Renee' to update Application Action Summary dQ,a— CLOSE OUT FILE: 3 -17- 03 Approval (or denial) letter mailed to applicant/copy made for file File stampe "approv , 'denied" or "withdrawn" Reference Manual updated D-base updated •Q File given to Renee' for final update to Application Action Summary U \CaroKornmonJmking s6eeu�Slte Plan Tracking wpd Revised 02107/03 SITE PLAN APPLICATION CHECKLIST The checklist shown below specifies the information which is required to be submitted as part of the site plan application. The Department of Planning & Development will review the application to ensure that it is complete prior to accepting it. If any portion of the application is not complete, it will be returned to the applicant(s). (1) One (1) set of approved comment sheets are required from each relevant review agency prior to final approval of a site plan. It is recommended that applicants contact the Department of Planning & Development to determine which review agencies are relevant to their site plan application. A list of potentially relevant reviewagencies is shown below: Frederick County Department of Planning & Development Department of GIS (Geographic Information Services) Frederick County Sanitation Authority Frederick County Building Inspections Department County Department of Public Works :t�/rederick Frcderick County Fire Marshal Frederick County Health Department Frederick County Department of Parks & Recreation Virginia Department of Transportation (VDOT) City of Winchester Town of Stephens City Town of Middletown Frederick County / Winchester Airport Authority (2) One (1) copy of the Site Plan application form. (3) Payment of the site plan review fee. �/ I j (4) One (1) reproducible copy of the Site Plan (if required). 0 COU CIUMUCK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 17, 2003 Mr. Lewis A. Boyer II, President Boyer Landscapes, Inc. P.O. Box 787 Stephens City, VA 22655 RE: Tree Variety Substitutions -Home Depot Site Plan Number: 09-03 Dear Mr. Boyer: I am in receipt of your letter dated September 16, 2003 (attached) regarding substitution of trees at the Home Depot site. After reviewing the approved site plan for the project and the revised plant list, it appears the proposed substitutions will be acceptable. The changes will be noted in our site plan file for the project. Please call me with any questions you may have. Sincerely, (4_�" Rebecca Ragsdale Planner I Enclosure U 'Acbecw,Site Plms H1 Depot lTreesl'Subsntutims wpd 107 North Kent Street • Winchester, Virginia 22601-5000 IDI Monarch Tower 3424 Peachtree Road, N.E. Suite 1500 Atlanta. GA 30326 SENDING VIA: IDI 3424 PEACHTREE ROAD N.E. SUITE 1500 ATLANTA, GA 30326 Sean O'Brien Development Manager Corporate Development Direct Line: (404) 479-4060 Switchboard: (404) 479-4000 Fax: (404) 479-4001 E-Mail: sobrien@idi.com Fax 0 Mail UPS DATE: May 9, 2003 TO: Kris Tierney, Asst. County Admin. Frederick County 107 North Kent Street Winchester, VA 22601 (540) 665-5651 PROJECT: Home Depot IDC Winchester, VA Courier 2 FedEx NUMBER OF COPIES DESCRIPTION 1 Master Development Agreement (MDA) between Home Depot and IDI 1 Standard Agreement Between Owner (IDI) and Contractor for Home Depot Projects 1 May 5, 2003 e-mail from Rebecca Ragsdale T_ I COMMENTS: I am forwarding these documents at the request of Rebecca Ragsdale for your review. They represent the agreements between Home Depot, IDI and the contractor (The Conlan Company) for the Home Depot IDC in Winchester, VA. Please contact me at the number above if you have any questions or require additional information. SIGNED: 'tl_� n, CC: Jerry Copp - VDOT Jay Wardlaw - Seyfarth Shaw (transmittal only) File 4105E 16/R �J _'°,�- A" 4 2455 Paces Ferry Road, N.W. • Atlanta, GA 30339-4024 (770)433-8211 Legal Department Building C 20'° Floor Direct Dial: (770) 384-2908 Fax: (770) 384-3042 March 21, 2001 Via Overnight Delivery Brian Mee Vice President Corporate Development INDUSTRIAL DEVELOPMENTS INTERNATIONAL Monarch Tower 3424 Peachtree Road, N.E. Suite 1500 Atlanta, Georgia 30326 Re: Master Development Agreement between Industrial Developments International, Inc. and Home Depot U.S.A., Inc. ("MDA") Dear Brian: At long last, enclosed please find one (1) fully executed counterpart of the MDA. Thank - you for all of your help in getting this document finalized. I look forward to continuing to work with you on our distribution center projects. Sincerely yours, Jeff Israel Corporate Counsel — Real Estat JI/epc Enc. Cc: Mike Folio Mark Beers Drex Crowell o/realest/jefr/mda Group MASTER DEVELOPMENT AGREEMENT BETWEEN INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC. "1 0-c HOME DEPOT U.S.A., INC. DATED: C � � , 2001 0 - , MASTER DEVELOPMENT AGREEMENT THIS MASTER lj# VELOPMENT AGREEMENT, ("Agreement") is made and entered into as of the )0' day of 2001, by and between INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation ("IDI"), and HOME DEPOT U.S.A., INC., a Delaware corporation ("Owner"). WHEREAS, Owner, among other things, operates retail business facilities throughout the United States for the purpose of selling building and home improvement materials, supplies, appliances, equipment and related items; and, WHEREAS, Owner will require, from to time to time as it may determine, the development and construction of warehouse and distribution facilities for the purpose of receiving, storing, warehousing, and shipping merchandise and goods for subsequent sale; and, WHEREAS, IDI is in the business, among other things, of providing site selection, development, construction management, and related services for warehouse and distribution facilities; and, WHEREAS, Owner desires to contract with IDI to provide such site selection, development, construction management, and related services for such specific warehouse distribution facilities as Owner in its sole discretion may determine appropriate; NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are herein acknowledged, Owner and IDI agree as follows: ARTICLE I DEFINITIONS The following terms, whenever used in this Agreement with initial capital letters, shall have the meanings specified, unless otherwise provided: "Agreement" shall mean this Master Development Agreement, as may be amended in writing from time to time. "Approvals" shall mean all governmental authorizations, permits, approvals, entitlements, consents and licenses, whether Federal, state or local, and approvals required by all private covenants rendered against the Project Site which are necessary for the development of the Project and the constriction of all Work for the Project, including, without limitation, all environmental and wetlands permits, all grading permits, all building permits, all fire, health and safety inspections and approvals, and all temporary and permanent certificates of occupancy, but excluding any such authorizations, permits, approvals, consents or licenses necessary for Owner to perform Owner's Work or which are necessary for Owner to operate its business at the Project, all of which shall be obtained by Owner. "Architect" shall mean any architects, civil engineers and other design professionals hired by IDI to assist in the preparation of the Preliminary Plans and/or the Plans and Specifications for any Facility, and the site plan for any Project. "Bids" shall mean bids received by IDI from general contractors for the construction of a Facility. "Chance Order "or "Amendment" shall mean a writing signed by both Owner and IDI changing, amending, or supplementing any term or condition of this Agreement. All changes, amendments or supplements to this Agreement may only be made by duly executed Change Order or Amendment or by a field order issued in accordance with Paragraph 5.6 hereinbelow. "Construction Chance Order" shall mean a written change order signed by both IDI and the Contractor in accordance with the terms and conditions of any applicable Construction Contract. "Consultants" shall be those individuals, firms, or other entities (other than the Architect) retained by IDI to furnish or perform due diligence, geotechnical, environmental, engineering, or other technical services required by this Agreement. "Contractor" shall mean a general contractor under contract with IDI to construct a Facility or Project. "Contract Price" shall be the lump sum Contract Price to be paid to IDI for all Work performed by IDI under this Agreement in connection with any Facility or Project. The Contract Price shall be determined as provided by this Agreement. "Contract Time" shall be the time within which IDI must achieve Substantial Completion of a Facility or Project. The Contract Time shall be established as provided by this Agreement. "Construction Contract" shall mean that certain contract between IDI and the Contractor to construct a Facility on a Project Site, which contract shall be in the form of that attached hereto as Exhibit E and incorporated herein by reference or in such other form as may be approved in writing by Owner. "Development Fee" shall mean the total fee to be paid by Owner to IDI for services performed pursuant to this Agreement in connection with the Project and calculated as follows: (A) For each Project which is an Import Facility or Transit Facility, the Development Fee shall be six percent (6%) of the first six million dollars of Project Costs incurred; three percent (3%) of any Project Costs incurred in excess of six million dollars up to and including ten million dollars; and two percent (2%) of Project Costs incurred in excess of ten million dollars; (B) For each Project which is a Lumber Facility, the Development Fee shall be five and one-half percent (5.5%) of the Project Costs incurred. The Development Fee shall not be charged or payable with respect to the cost of any land on which any Facility is located; any closing costs associated with the purchase of such land; any finance costs or interest incurred in connection with the Project; the Due Diligence Fee; Travel Expenses incurred by IDI or any other cost or expense not specifically allowed as a Project Cost in accordance with the terms and conditions of this Agreement. "Due Diligence Checklist" shall mean the list attached hereto as Exhibit A and made a part hereof, describing in general the Due Diligence Work IDI will perform in connection with each Project Site, as more particularly described in Article III of this Agreement. "Due Diligence Fee" shall mean the $45,000 fee payable by Owner to IDI in connection with IDI's performance of the Due Diligence Work for a Project, as more particularly described in Article III of this Agreement. The Due Diligence Fee is in addition to any Project Costs payable under this Agreement as a result of IDI's performance of the Due Diligence Work for a Project. "Due Diligence Report" shall mean the written report of the results of the Due Diligence Work for the particular Project delivered by IDI to Owner upon completion of the Due Diligence Work for any selected Project or Project Site, as more fully described in Article III of this Agreement. "Due Diligence Work" shall mean IDI's performance of those items set forth in the Due Diligence Checklist, and any and all other reasonable and necessary investigations and studies of whatsoever kind conducted or commissioned by IDI to determine the suitability of a potential Project Site pursuant to a Notice to Proceed - Due Diligence executed by Owner with respect to a particular Project. "Environmental Report" shall mean a so-called "Phase I" Assessment and Evaluation Report (and, if necessary or determined to be advisable by IDI and Owner, a Phase II report) prepared with respect to a potential Project Site by an environmental Consultant approved by Owner and hired by IDI. The environmental Consultant shall certify the accuracy of the Environmental Report. -3- "Facility" or "Protect" shall mean a distribution facility (including any Import Facility, Lumber Facility or Transit Facility) to be developed on a Project Site pursuant to the terms of this Agreement. "IDI"shall mean Industrial Developments International, Inc., a Delaware corporation. "Import Facility" shall mean a facility to be developed on a Project Site pursuant to the terms of this Agreement primarily for the warehousing and distribution of imported goods. "Lumber Facility" shall mean a facility to be developed on a Project Site pursuant to the terms of this Agreement primarily for the warehousing and distribution of lumber. "Notice to Proceed" shall mean one of five (5) forms of written notice from Owner directing IDI to proceed with a particular phase of a Project. IDI may be directed to proceed with one or more of such phases as Owner in its sole discretion determines appropriate. Any limitations of Project Costs set forth by Owner in any Notice to Proceed shall be binding upon IDI and such limitations shall not be exceeded absent written consent of Owner. The five (5) forms of written notice to proceed are as follows: "Notice to Proceed - Site Search" shall mean written notice, in substantially the form attached hereto as Exhibit C-1 and incorporated herein by reference, executed by Owner directing IDI to begin its investigation and search for a Project Site in a particular geographic location, as more fully described in Article III of this Agreement. "Notice to Proceed - Due Diligence" shall mean written notice, in substantially the form attached hereto as Exhibit C-2 and incorporated herein by reference, executed by Owner directing IDI to begin its Due Diligence Work on a Project Site in a particular geographic location as more fully described in Article III. "Notice to Proceed - Design" shall mean written notice, in substantially the form attached hereto as Exhibit C-3 and incorporated herein by reference, executed by Owner directing IDI to commence designing the Facility, including, but not limited to, authorizing the Architect to prepare a full set of Plans and Specifications and to design a site plan for the particular Project Site, as more fully described in Article IV. -"Notice to Proceed - Site Acceptance" shall mean written notice, in substantially the form attached hereto as Exhibit C-4 and incorporated herein by reference, executed by Owner notifying IDI that Owner (i) has reviewed all items in the Due Diligence Report, (ii) has elected to purchase the selected Project Site, and (iii) authorizes IDI to prepare and distribute the bid request package for the constriction of the Facility at the selected Project Site, as more fully described in Article III and Article V. -4- "Notice to Proceed - Constriction" shall mean written notice, in substantially the form attached hereto as Exhibit C-5 and incorporated herein by reference, executed by Owner directing IDI to commence construction of a Facility at a Project Site, as more fully described in Article V. "Owner" shall mean Home Depot U.S.A., Inc., a Delaware corporation. "Owner's Work" shall mean all of Owner's construction, installation and testing of Owner's improvements, equipment and fixtures within the Facility other than the Work to be performed by IDI, the Contractor, and others under contract with IDI. "Plans and Specifications" shall mean complete, final construction drawings and specifications for a particular Facility, which will be prepared by the Architect in accordance with Article IV of this Agreement, and will be approved and signed by Owner. The Plans and Specifications shall include, without limitation, site plans, grading plans, landscaping plans, elevations, building sections, office plans, finisli schedules, mechanical, electrical and plumbing plans and detailed specifications. Approval of the Plans and Specifications, however, shall in no manner whatsoever relieve the Architect or IDI from their duty and responsibility to provide and furnish Plans and Specifications which are complete, coordinated, and fully adequate for construction. "Preliminary Plans" shall mean preliminary schematic drawings, and general specifications for a particular Facility, which will be prepared by Architect in accordance with Article IV of this Agreement and submitted to Owner and IDI for comment. The Preliminary Plans shall include, without limitation, preliminary site plans, preliminary grading plans, preliminary landscaping plans, preliminary elevations and building sections, and preliminary office plans, but will not include mechanical, electrical and plumbing plans. "Proiect" or "Facility" shall mean a distribution facility (including any Import Facility, Lumber Facility or Transit Facility) to be developed on a Project Site pursuant to the terms of this Agreement. "Project Costs" shall mean, with respect to any Project, all reasonable and necessary costs incurred by IDI related to its investigation of the selected Project Site and the construction of the Facility at the selected Project Site, including but not limited to, costs for (i) the Due Diligence Work, (ii) the preparation of the Plans and Specifications, (ill) obtaining all Approvals, and (iv) the performance of the Work for the Facility in question. Project Costs shall not include the cost of any land on which the facility is located; any closing costs associated with the purchase of such land; any finance cost or interest incurred in connection with the Project; the Due Diligence Fee; Travel Expenses incurred by IDI or any other cost or expense not specifically allowed as Project Costs in accordance with the terms and conditions of this Agreement. "Proiect Site" shall mean any site selected by Owner, pursuant to the terms of this Agreement, on which a specific Project will be constructed. -5- "Punchlist Items" shall mean those items, identified by Owner or IDI in accordance with Paragraph 5.9 which are defective or incomplete in any Project as of the date of Substantial Completion, but which do not prevent the issuance of a certificate of occupancy and which do not interfere with Owner's use of the particular Project for its intended purpose. "Request for Payment" shall mean a request submitted by IDI to Owner, verified under oath as to its accuracy, seeking payment in accordance with the terms and conditions of this Agreement. Any Request for Payment shall be accompanied by such documentation and supporting data as Owner may require. "Retainaee" shall mean an amount equal to ten percent (10%) of any portion of the Contract Price attributable to Project Costs incurred in connection with the construction of the Project and which amount may be withheld from any progress payment due IDI as provided in Article VI. Such Project Costs include all costs of construction to be paid to the Contractor or others under contract with IDI; all costs of labor, material, supplies, utilities and equipment necessary for the construction; and, such other costs and expense as are reasonably necessary to construct the Project in strict conformity with the requirements of this Agreement and the requirements of the Plans and Specifications. Such Project Costs do not include, and no retainage shall be withheld with respect to, the Travel Allowance; the Due Diligence Fee; the Development Fee; design fees paid to the Architect; or, any other cost or expense incurred prior to the commencement of construction. "Substantial Completion" shall occur, with respect to any Facility, on the date when IDI delivers to Owner (i) a Certificate of Substantial Completion for the Work executed by Architect with respect to such Facility, and (ii) if required to be issued by a local governmental agency, a certificate of occupancy (either permanent or temporary) for that Facility which will allow Owner to occupy the Facility in question for Owner's intended purpose without impairment for its intended use and provided a final, unconditional certificate of occupancy is issued within ninety (90) days thereafter or within such shorter time as any temporary certificate of occupancy may require. Notwithstanding the foregoing, if IDI has completed all Work for a Facility substantially in accordance with the Plans and Specifications, but a certificate of occupancy cannot yet be issued solely because of the need for completion of all or a portion of the construction, installation and testing of Owner's improvements, equipment and fixtures within the Facility, the date of Substantial Completion shall be deemed to occur on the date Architect delivers its Certificate of Substantial Completion with respect to the Work described in the applicable Plans and Specifications (together with the required lien waivers, affidavits, and any other required documents). It is further agreed that in addition to all other requirements for Substantial Completion as set forth herein, Substantial Completion shall include, without limitation, the following: -6- (a) Completion of paving and striping of all pavement and parking areas. (b) Completion of all electrical work. (c) Completion of all building mechanical systems. (d) Completion of building fire protection systems and alarm systems. (e) The cleaning of the job site in accordance with the Construction Contract. (0 Completion of the sanitary systems specified in the Construction Contract. (g) Completion of landscaping (unless seasonal conditions render such completion impracticable). "Survev" shall mean an ALTA/ACSM survey of a Project Site certified to IDI and Owner. "Title Work" shall mean obtaining a title commitment, reviewing title exceptions (including, without limitation any recorded private covenant restrictions and related design guidelines affecting the Project Site), and comparing all title exceptions against the Survey in connection with IDI's performance of the Due Diligence Work and negotiating the removal of any unacceptable title exceptions from the title policy. "Transit Facility" shall mean a facility to be developed on a Project Site pursuant to the terms of this Agreement primarily as a break -bulk and redistribution facility. "Travel Allowance" shall mean the amount paid by Owner to IDI simultaneously with Owner's delivery of a Notice to Proceed - Site Search for a particular Project to cover IDI's anticipated Travel Expenses for such Project. "Travel Expenses" shall mean all reasonable air fare, hotel, meals, and travel expenses in connection with any Project, all of which expenses shall be paid in accordance with Article III hereinbelow. "Work" shall mean all work required of IDI under this Agreement in connection with any Project including, but not limited to, all work of the Architect, the Contractor, any Consultants retained by IDI, or any other entity under contract with IDI to perform work or furnish materials or equipment in connection with the Project. ARTICLE II SCOPE OF DUTIES 2.1 Eneap-ement of IDI. Owner herein engages IDI, as an independent contractor, to perform site selection, development, construction management as specified herein, and other services in connection with the specific Projects and Facilities as may be subsequently identified by Owner in its sole discretion on the terms and conditions specified herein. Except as -7- specifically provided herein, IDI shall not have authority to act on behalf of Owner. The duties and obligations of IDI with respect to any specific Project or Facility shall commence upon execution and delivery to IDI of an appropriate Notice to Proceed. 2.2 Specific Powers and Duties. The powers and duties of IDI hereunder with respect to each Project are divided into five (5) phases. Each such phase commences upon Owner's delivery of a particular Notice to Proceed to IDI. In its discretion Owner may direct IDI to perform one or more of such phases in connection with any Project. The five (5) phases, each to be initiated by the delivery of a Notice to Proceed, are as follows: 2.2.1 Upon receipt of a Notice to Proceed - Site Search, IDI shall be responsible for carrying out the site selection process, pursuant to Article III of this Agreement, for the purpose of providing Owner with information required by Owner to assess the suitability of various properties to be the Project Site for a specific Project; 2.2.2 Upon receipt of a Notice to Proceed - Due Diligence, IDI shall be responsible for carrying out the Due Diligence Work, as described in Article III of this Agreement, for the purpose of evaluating a Project Site's suitability for a particular Project. 2.2.3 Upon receipt of a Notice to Proceed - Design, IDI shall be responsible for authorizing the Architect to prepare the Plans and Specifications for a Project and to design a site plan for the Project, as more fully described in Article IV of this Agreement; 2.2.4 Upon receipt of a Notice to Proceed - Site Acceptance, IDI shall be responsible for the preparation of the construction bid request package for a Project, and finalizing the Plans and Specifications for same, as more fully described in Article V of this Agreement; and 2.2.5 Upon receipt of a Notice to Proceed - Construction, IDI shall execute the required Construction Contract with the Contractor for the Project and shall proceed to secure performance of all Work required thereunder; IDI shall furthermore procure any and all permits and Approvals required for such work and shall perform such other duties as may be necessary for the construction of the Project in full and complete compliance with this Agreement, with the Plans and Specifications, with the Construction Contract, and with any other applicable requirements. 2.3 Execution of Documents. Subject to the terms of this Agreement, IDI shall execute all agreements and contracts with third parties, individually, with Owner's consent, as are necessary for IDI to carry out its obligations under this Agreement, including, without limitation, contracts with the Architect, Consultants, and the Contractor. Owner shall promptly execute (a) any instrument which may be reasonably requested by a third party to confirm the authority of IDI under this Agreement; (b) any document reasonably required by a governmental authority as a condition precedent to obtaining any required permit, license or other -8- governmental approval; or (c) any other document reasonably necessary for IDI to perform under this Agreement. 2.4 Duties and Responsibilities. IDI covenants with Owner to further the interests of Owner by furnishing IDI's best skill and judgment in the performance of its duties and responsibilities as set forth herein. IDI assumes full responsibility to Owner for the performance of the Architect, any Consultants, the Contractor, or others employed or retained by IDI in connection with any Project or Facility, and IDI assumes full responsibility to Owner for any errors, omissions, or other improper acts of any of said entities. ARTICLE III SITE SEARCH DUE DILIGENCE AND SITE ACCEPTANCE 3.1 Notice to Proceed -- Site Search. When Owner desires for IDI to begin work on the selection of a site for a particular Project, Owner shall deliver a Notice to Proceed -- Site Search to IDI. The Notice to Proceed -- Site Search shall specify: (a) the geographic area in which Owner desires IDI to locate a Project Site; (b) the type (i.e. Import Facility, Transit Facility or Lumber Facility) and approximate size of the Facility that Owner will require to be constructed on the Project Site in question (including any necessary expansion space); (c) the time period by which Owner requires that IDI report to Owner concerning potential properties for the particular Project Site; (d) any other pertinent characteristics that the particular Project Site must have or that Owner desires to have for such Project Site; and (e) Owner's desired date for Substantial Completion of the Project. 3.2 Travel Allowance. Owner's delivery of the Notice to Proceed - Site Search shall be accompanied by the Travel Allowance. Owner and IDI agree that (a) with respect to any Import Facility, the Travel Allowance will be $55,000.00; (b) with respect to any Transit Facility, the Travel Allowance will be $45,000.00; and, (c) with respect to any Lumber Facility, the Travel Allowance will be $35,000.00. Owner shall have no obligation to reimburse IDI for any Travel Expenses that exceed the Travel Allowance for a particular Project. If, however, the Travel Allowance for a particular Project exceeds the Travel Expenses actually incurred by IDI in connection with such Project, such excess will be refunded by IDI to Owner prior to any final payment to IDI in connection with the applicable Project. 3.3 Investigation and Evaluation. Following IDI's receipt of a Notice to Proceed -- Site Search, IDI shall begin its investigation and analysis to locate possible sites to be the Project Site. IDI shall have the right, with Owner's prior written consent, to engage a local real estate broker to assist IDI in such search. IDI's investigation shall include (a) gathering market and feasibility information on potential sites and evaluating such information to determine which sites should be pursued; (b) analyzing the potential sites for factors such as price, suitability for development, transportation and access features, local government regulations and potential -9- governmental incentives as well as investment and underwriting implications; (c) investigating the likelihood that the sites can be timely acquired to allow the Facility to be timely developed; and, (d) any other investigation or analysis deemed advisable by IDI, or Owner. IDI shall be authorized to hire all necessary Consultants to assist IDI in its investigation of potential sites, and IDI shall proceed with all such investigation diligently and in good faith to assist Owner with the identification of the best possible Project Sites, based on the parameters provided by Owner. All reasonable costs and expenses incurred by IDI in connection with the investigation and analysis of potential sites shall be included in the Project Costs, save and except for brokerage fees and conunissions (which shall not be paid by IDI); and, for such other costs and expenses specifically excluded by the definition of Project Costs as set forth hereinabove. IDI shall use all reasonable efforts to locate appropriate Project Sites as soon as reasonably possible within Owner's required schedule, and shall provide Owner written reports no less frequently than monthly on the status of site evaluations for the Project in question, together with a site book sununarizing the potential Project Sites. 3.4 Notice to Proceed - Due Diligence. When Owner (a) has selected a Project Site, (b) has entered into a contract to purchase the selected Project Site, and (c) is prepared for IDI to begin work on a particular Project, or at such earlier time as Owner may determine in its sole discretion, Owner shall deliver to IDI a Notice to Proceed - Due Diligence, together with a copy of the executed contract for the purchase of the selected Project Site or an access agreement for same. IDI shall be authorized to hire all necessary Consultants to perform the Due Diligence Work. IDI shall proceed with all such Due Diligence Work diligently, in good faith, and in accordance with the Due Diligence Checklist and the Notice to Proceed - Due Diligence. All cost and expense incurred by IDI in connection with the Due Diligence Work shall be included in the Project Costs, save and except for such cost and expense specifically excluded by the definition of Project Costs as set forth hereinabove. 3.5 Due Diligence Report. Upon the completion of the Due Diligence Work for any selected Project Site, IDI shall promptly deliver to Owner a written report of the results of such Due Diligence Work, together with copies of all related documents. Upon receipt of such written report, and except as set forth in Paragraph 3.7 hereinbelow, Owner shall promptly pay IDI the Due Diligence Fee for the Project. The Due Diligence Report will include (a) a representation that the Project Site is properly zoned for the construction and use planned for the Project Site; (b) an evaluation of the matters disclosed in the Environmental Report and a copy of same; (c) an evaluation of the reports of the soils condition, as reported by the soil engineers; (d) an evaluation of the access provided to the Project Site; (e) an evaluation of the feasibility of the proposed Project Site; (f) an evaluation of the Survey and Title Work for the Project Site; and, (g) a recommendation for or against developing a Facility on the potential Project Site. 3.6 Site Acceptance. Within thirty (30) days following Owner's receipt of the Due Diligence Report, Owner shall notify IDI of its approval or disapproval of the purchase of the selected Project Site. Any approval of the purchase of the selected Project Site by Owner shall be accompanied by a Notice to Proceed - Site Acceptance. If Owner disapproves of the purchase -10- of the selected Project Site, the particular Project may be cancelled at the sole discretion of Owner or Owner may direct IDI to proceed with Due Diligence Work for a Substitute Project Site as provided hereinbelow. 3.7 Due Diligence Fee Credit. If Owner pays a Due Diligence Fee to IDI related to a selected Project Site, which Project Site is subsequently disapproved by Owner (a "Rejected Project Site"), then Owner shall not be required to pay IDI another Due Diligence Fee in connection with IDI's Due Diligence Work for a substitute Project Site (a "Substitute Project Site") if all of the following conditions are met: 3.7.1 The Substitute Project Site is located in the same "market area" as the Rejected Project Site. For purposes hereof, the term "market area" shall mean the area within sixty (60) miles of the Rejected Project Site; and, 3.7.2 Owner delivers to IDI written notice accompanied by a Notice to Proceed - Site Search designating a Substitute Project Site within one hundred eighty (180) days from the date that Owner disapproves or is deemed to have disapproved the Rejected Project Site. The Due Diligence Fee credit described herein shall apply to a maximum of two (2) Substitute Project Sites in a given market area. In the event that the first Substitute Project Site is also disapproved by Owner, and Owner selects a second Substitute Project Site, then the one hundred eighty (180) day period referred to hereinabove shall be measured from the date that the first Substitute Project Site is disapproved or is deemed disapproved by Owner. 3.8 Purchase of the Selected Project Site. Owner shall be solely responsible for causing Owner, or its designee, to purchase the selected Project Site. Owner shall notify IDI promptly when Owner, or its designee, has closed and acquired title to any Project Site. ARTICLE IV DESIGN 4.1 Selection of Architect and Preparation of Preliminary Plans. At such time as Owner may specify in writing, IDI, with the prior written consent of Owner, will promptly select and contract with a qualified Architect, civil engineer and such other design Consultants as necessary to prepare and furnish the Preliminary Plans and the final Plans and Specifications for the Facility. All such contracts for design services shall be in such form as Owner may require. IDI shall be fully responsible to Owner for the performance of the Architect, civil engineer, and any other design Consultants. Furthermore, upon receipt of written notice from Owner, IDI, acting through the Architect, civil engineer, and other design Consultants (if any) shall prepare the Preliminary Plans for the Facility. Said Preliminary Plans shall be consistent with any information concerning the Facility furnished by Owner and same shall be based upon the prototype plans and specifications previously furnished by Owner to IDI and the Architect. Upon completion, IDI shall promptly deliver the Preliminary Plans to Owner and shall consult with Owner concerning its comments, suggestions, proposals, and amendments (if any) concerning such Preliminary Plans. All cost of preparing the Preliminary Plans shall be included in the Project Costs. 4.2 Notice to Proceed - Design. Upon receipt of the Notice to Proceed - Design, IDI shall cause Architect to prepare and submit to IDI and Owner a set of Plans and Specifications based upon the Preliminary Plans, covering all Work to be performed in constructing the Facility. Owner shall have thirty (30) days after receipt of such Plans and Specifications in which to review such Plans and Specifications and provide IDI any continents or questions concerning same. If Owner disapproves all or any portion of a set of Plans and Specifications, Owner shall set forth in writing and with specificity and detail the aspects of the applicable Plans and Specifications which are not acceptable to Owner and shall furnish such information to IDI and Architect. IDI shall cause Architect to make those changes requested by Owner and promptly submit the revised Plans and Specifications to Owner for final approval. Owner shall, in its review of all Plans and Specifications, act reasonably and in good faith. Upon final approval by Owner of all Plans and Specifications in accordance with this Paragraph 4.2, such Plans and Specifications shall be the "Plans and Specifications" for the Facility. It is expressly agreed, however, that approval of the Plans and Specifications by Owner in no manner whatsoever releases IDI or Architect from their duty to provide Plans and Specifications which are adequate, complete, coordinated and fit for construction. ARTICLE V CONSTRUCTION OF PROJECT 5.1 Bids. Following receipt of the Notice to Proceed - Site Acceptance, and upon Owner's approval of the Plans and Specifications, IDI, with the assistance of Architect, shall be obligated to prepare an appropriate bid request package for the construction of the Facility. IDI will deliver to Owner the bid request package, along with a recommendation of at least three (3) general contractors who IDI recommends for possible construction of the Facility (IDI shall furnish Owner such information concerning the qualifications of a potential Contractor as Owner may reasonably require), and, within fifteen (15) days thereafter, Owner shall notify IDI of Owner's approval or disapproval of the bid request package and its approval or disapproval of the three (3) suggested general contractors. If Owner notifies IDI within such fifteen (15) day period of any revisions that it requires to be made to the bid request package, or any replacements or additions that it requires to be made to the list of general contractors, IDI shall make the requested revisions, replacements or additions and shall promptly deliver the bid request package to the contractors approved by Owner with a requirement for a response within the time period designated within the bid request package. Upon receipt of the Bids from the contractors who receive the bid request packages, Owner and IDI shall jointly review the Bids, and Owner shall determine which Bid to accept. IDI shall coordinate among Owner, Architect and the general -12- contractor whose Bid is being considered for acceptance to make modifications to the Plans and Specifications, if desired by Owner, and to otherwise negotiate the best price possible for the construction of the Facility. Notwithstanding the foregoing, at Owner's election, IDI may negotiate with a particular general contractor, rather than select a general contractor by use of the bid request packages described above. The selected general contractor is referred to in this Agreement as the Contractor. 5.2 The Contract Price. Within fifteen (15) days following the final selection by Owner of a Contractor for a specific Project, but prior to the execution of the Construction Contract with such Contractor, IDI shall submit to Owner its proposed lump sum contract price for the Project which shall include the Travel Allowance; the Due Diligence Fee; the Development Fee; all Project Costs incurred or to be incurred in connection with the Project, including but not limited to, all such Project Costs paid, or to be paid, to the Architect or to any Consultants employed by IDI; all costs of construction to be paid to the Contractor or others under contract with IDI; and, such other costs and expense as are reasonably necessary to design and construct the Project in substantial conformity with the requirements of this Agreement and the requirements of the Plans and Specifications. Within fifteen (15) days after receipt of a proposed lump sum contract price from IDI, Owner shall either accept same in writing or, in the alternative, negotiate with IDI in good faith in an effort to reach agreement with respect to such price. Upon mutual agreement of a lump sum price for the Project, same shall be set forth in a Change Order to this Agreement. Such agreed upon lump sum price is referred to hereinafter as the Contract Price. 5.3. Changes to the Contract Price. The Contract Price as established pursuant to Paragraph 5.2 hereinabove shall be the total sum to be paid to IDI by Owner for the performance by IDI of all of its duties and obligations under this Agreement in connection with the applicable Project. The Contract Price is subject to increase or decrease by Change Orders or field orders requested or issued by Owner. The Contract Price may be increased by delay to construction of the Project caused by Owner, its agents, or representatives; changes in applicable law subsequent to establislunent of the Contract Price; increases to the cost of construction of the Project resulting from uninsured physical damage to the Project or other events outside the control *of IDI, the Architect, the Consultants, or the Contractor; environmental contamination at the Project Site occurring after the date of the Environmental Report, unless and to the extent caused by IDI; and, additional requirements imposed by governmental authorities outside the original scope of the Work provided such requirements could not be reasonably anticipated by IDI at the time the Contract Price was established. Additionally, in the event the contract price as set forth in the Construction Contract is increased for any of the reasons set forth herein, the Contract Price of this Agreement shall be adjusted in the same amount as such increase or decrease. Owner and IDI further agree that neither the Contract Price nor the scope of Work include the cost of remediation of environmental contamination at, on or under the Project Site except to the extent that said contamination was identified in the Environmental Report or, upon reasonable investigation in accordance with applicable industry standards, could have been identified in such Environmental Report. The Contract Price may be increased or decreased only by Change Order 13 x 0 . 0 executed in accordance with the requirements of this Agreement. Owner and IDI shall promptly and without delay execute such Change Orders as may be necessary to amend the Contract Price as provided herein. 5.4 Notice to Proceed - Construction. Upon selection of the Contractor, and no later than sixty (60) days after the establishment of the Contract Price as provided by this Agreement, Owner, if it desires to proceed with the Project for such Contract Price, must issue a Notice to Proceed - Construction in which event IDI shall promptly contract with the Contractor for construction of the Project by securing execution of the Construction Contract. IDI shall commence construction on the Project Site within ten (10) days after the issuance of such Notice. 5.5 IDI Construction Responsibilities. As set forth hereinabove, IDI shall be fully responsible to the Owner for the construction of the Project by Contractor. IDI's duties and responsibilities during construction of any Project shall include, but shall not be limited to, the following: 5.5.1 IDI shall schedule and coordinate the Work of the Contractor and shall provide such administrative, management, and related services as required to coordinate the Work with the activities and responsibilities of the Owner. 5.5.2 IDI shall schedule and conduct preconstruction, construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling, and IDI shall prepare and promptly distribute accurate minutes of same. 5.5.3 IDI shall prepare a detailed schedule for construction of the Project incorporating the activities of the Contractor and all subcontractors on the Project, including activity sequences and durations, allocation of labor and materials, the processing of shop drawings, product data and samples, and the delivery of products requiring long lead time procurement. The schedule prepared by IDI shall include the Owner's occupancy requirements showing any portions of the Project having occupancy priority. The schedule shall be updated by IDI no less frequently than monthly to show current conditions and revisions required by actual progress and experience. The furnishing of the schedules required by this Paragraph 5.5.3 shall be a condition precedent to payment to IDI. 5.5.4 IDI shall maintain accurate cost accounting records on authorized work performed under unit prices, additional work performed on the basis of actual cost of labor and materials, or other work requiring accounting records. 5.5.5 IDI shall recommend necessary or desirable changes to the Architect and the Owner, review requests for changes, assist in negotiating Contractor's change proposals, submit recommendations to the Owner concerning such proposals, and if any such proposals are accepted, IDI shall prepare any such Change Orders or Construction Change Orders required. -14- 5.5.6 IDI shall develop and implement proper procedures for reviewing and processing applications by Contractor for progress and final payments. IDI shall carefully review and verify all Contractor applications for payment. IDI shall review all Contractor schedules of value and pay applications to protect Owner from frontloaded or imbalanced payment schedules. 5.5.7 IDI shall review the safety program developed by any Contractor and coordinate safety programs for the Project. IDI will take reasonable and customary precautions to secure and protect the Project from loss or harm due to the elements, theft, vandalism, and other causes and will take reasonable steps to secure the Project at all times as to prevent injury to or trespass thereon. 5.5.8 IDI shall obtain and pay for any required building permits and special permits for permanent improvements. 5.5.9 IDI shall comply with all lawful requirements applicable to the design and construction of the Project and shall give and maintain any and all notices required by applicable law pertaining to same. In the event Owner is fined, penalized or assessed by any governmental entity as a result of any alleged or actual violation of law by IDI, Architect, Contractor, any subcontractor, or any of IDI's Consultants, IDI shall indemnify and hold Owner harmless from any such fine, penalty or assessment and attorneys' fees or cost which result therefrom. 5.5.10 IDI shall select and retain the professional services of surveyors, engineers, special consultants, and testing laboratories as necessary for the design and construction of the Project. 5.5.11 IDI shall determine if the Work being performed by the Contractor is in accordance with the requirements of the Plans and Specifications. IDI will guard Owner against defects and deficiencies in the Work and shall promptly notify Owner in writing upon the discovery of any such defects and deficiencies. As appropriate, IDI will require special inspections or testing to determine if the Work is being fabricated, installed and completed as required. Subject to review by Owner, IDI will reject work of the Contractor which does not conform to the requirements of the Plans and Specifications. 5.5.12 IDI shall consult with Owner and Architect if the Contractor requests interpretations of the meaning or intent of any provision of the Construction Contract or the Plans or Specifications, and IDI will assist in the resolution of questions which may arise concerning same. 5.5.13 IDI shall receive and review for compliance with contract requirements Certificates of Insurance from the Contractor and shall forward of same to Owner. -15- 5.5.14 IDI shall insure that the Contractor shall review and forward to the Architect for review, all shop drawings, product data, samples and other submittals, and the Architect shall confirm that same comply with the requirements of the Plans and Specifications. In collaboration with Owner and Architect, IDI shall establish and implement procedures for expediting the processing and approval of shop drawings, product data, samples and other submittals. 5.5.15 IDI shall record the progress of each Project and submit written progress reports to Owner no less frequently than monthly. Such reports shall describe the work performed by the Contractor during the reporting period including applicable percentage of completion and the number and amounts of any approved or pending Change Orders. IDI shall cause the Contractor to maintain a daily log containing a record of weather, Contractor's work performed on site, number of workers, problems encountered, and other similar relevant data as Owner may require. The progress log shall be available for Owner's inspection upon demand. 5.5.16 IDI shall maintain at the Project Site, on a current basis, a copy of all Plans, Specifications, addenda, Change Orders, Construction Change Orders, shop drawings, product data, samples, submittals, purchase orders, material data, equipment documents, applicable handbooks, maintenance and operating manuals and instructions, and such other related documents and revisions which arise out of the Construction Contract or the Work. All of such documents and records shall be available for Owner's inspection upon demand. 5.5.17 IDI shall cooperate with Owner, and arrange for if requested, the storage, protection and security for Owner -purchased materials, systems and equipment which will be installed in the Project. 5.5.18 IDI shall observe Contractor's checkout of utilities, operational systems and equipment for readiness and assist in their initial start-up and testing. 5.5.19 IDI shall assist the Owner in conducting inspections for Substantial Completion and final completion and shall coordinate and be responsible for, the correction and completion of defective or incomplete work identified as a result of such inspections. IDI shall recommend to the Owner when the Project is ready for final inspection and shall assist the Owner in conducting final inspections. IDI shall secure and transmit to the Owner all required guarantees, affidavits, releases, bonds and waivers. It shall also deliver all keys, manuals, record drawings and maintenance stocks to Owner. 5.5.20 The construction duties and responsibilities set forth hereinabove shall be in addition to any and all other duties and responsibilities of IDI as set forth elsewhere in this Agreement or as required in the Construction Contract. -16- 5.6 Changes. Changes in this Agreement or in the Work within the general scope of the Plans and Specifications, consisting of additions, deletions, revisions or any combination thereof that have been agreed to by IDI, may be ordered by Owner by written Change Order without invalidating this Agreement. Changes in the Work consistent with the intent of the design documents or within the scope of the Plans and Specifications also may be ordered by Owner by written field order. In the event IDI takes exception to any field order issued by Owner, it shall submit any claim for an extension of the Contract Time or adjustment to the Contract Price in accordance with the provisions set forth in Paragraph 12.1 hereinbelow. IDI shall then proceed with the Work directed in the field order and any change in the Contract Price resulting from same shall be determined in accordance with the provisions of Paragraph 5.6.3 hereinbelow. IDI shall cause such changes ordered by Owner to be performed by Contractor and IDI shall proceed diligently to provide all services necessary in connection with any such changes, and same shall be accomplished in strict accordance with the terms and conditions of this Agreement. 5.6.1 IDI shall maintain, and cause Contractor to maintain, separate records reflecting costs, savings, and impacts related to any ordered change in this Agreement or in the Work until the adjustment in the Contract Time or Contract Price, if any, have been agreed upon as evidenced by a Change Order executed by both parties. IDI shall make such records available to Owner upon demand. 5.6.2 The Contract Price and Contract Time may be changed only by Change Order. The execution of a Change Order by IDI shall constitute conclusive evidence of IDI's agreement to the ordered changes in the Work, this Agreement as thus amended, and the adjustments to the Contract Price and Contract Time, if any. IDI, by executing the Change Order, waives and releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or effected by the executed Change Order save and except for any claims which IDI has identified in writing to Owner as being unresolved at the time of such execution or for claims arising as a result of casualty or occurrence arising after execution of such Change Order. 5.6.3 Any change in the Contract Price resulting from a Change Order or from a field order shall be determined by mutual agreement between Owner and IDI as evidenced by the change in the Contract Price being set forth in a Change Order executed by both parties, or, if no agreement is reached, then the change shall be determined by the actual and reasonable increases or decreases in the cost of the Work attributable to the change, plus an allowance to the Contractor for its direct job site overhead and profit in the total amount of ten percent (10%). IDI shall maintain, and cause Contractor to maintain, separate records evidencing any such expenditures or savings, which records shall be made available to Owner upon demand. Furthermore, IDI and Contractor shall verify under oath the accuracy and completeness of any such expenditures or savings if so requested by Owner. -17- 5.7 Contract Time. Work performed by IDI under this Agreement shall be performed expeditiously as is consistent with reasonable skill and care for the orderly progress of such Work. 5.7.1 Owner shall establish, and IDI shall set forth in each bid package issued in connection with a Project, the number of calendar days within which IDI and Contractor must achieve Substantial Completion of all Work required by the applicable Construction Contract. This required time for completion shall be the Contract Time, and it shall be a reasonable time taking into consideration the nature and scope of the Project. Absent written objection received by Owner from IDI prior to execution of the applicable Construction Contract, IDI shall be conclusively presumed to accept the Contract Time as established by Owner and IDI shall be deemed to acknowledge and agree to achieve Substantial Completion of all Work within the Contract Time. For all purposes of this Agreement, the Contract Time for any Project shall commence on the tenth (10"') day following delivery by Owner to IDI of a Notice to Proceed - Construction in connection with such Project. 5.7.2 IDI warrants to Owner that all Projects shall be Substantially Complete within the applicable Contract Time provided that there are no unusual and unreasonable delays in obtaining any approval from any state or local governing agency or authority, or other occurrences which would form the basis for m extension of the Contract Time in accordance with this Agreement. IDI shall notify Owner in writing of any deadline by which IDI needs specified information from Owner and such notice shall be sufficiently in advance of such deadline so that any delay can be avoided. 5.7.3 If IDI, Architect, Contractor, or any other entity under contract with IDI is delayed in progressing any task which at the time of delay is then critical to the timely completion of a Project, or which during the delay becomes critical, as the sole result of any act or neglect to act by Owner or someone acting in Owner's behalf, or by changes ordered in the Work, unusual and unreasonable delays in obtaining any approval from a state or local governing agency or authority, unusual delay in transportation, labor disputes, unusually adverse weather conditions not reasonably anticipatable, fire, unavoidable casualties, or any causes beyond the control of IDI, Architect, Contractor, or any other entity under contract with IDI, then the Contract Time shall be extended upon written notice and claim of IDI to Owner for such time as Owner may reasonably determine. The loss of Project float will not be cause for an extension of the Contract Time, and all such float shall be owned by the Project and used to avoid, or compensate for, any delays. Any notice and claim for an extension of time by IDI shall be made not more than fourteen (14) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail IDI's basis for requiring additional time in which to complete the Project. The notice required herein is a condition precedent to any adjustment in the Contract Time, and if IDI fails to make such claim as required in this Paragraph any claim for an extension of the Contract Time shall be waived. -I 8- 5.8 Owner's Work. Owner may commence constriction, installation and testing of Owner's improvements, equipment and fixtures within the Facility, subject to the following conditions: 5.8.1 The Facility shall be sufficiently complete to allow performance of Owner's Work as reasonably determined by Owner; 5.8.2 Owner shall not commence Owner's Work unless such commencement is in compliance with all applicable governmental laws, rules and regulations and Owner has obtained any permits or licenses which are required in addition to the Approvals; and 5.8.3 The performance of Owner's Work shall not interfere with the Work or delay IDI's achievement of Substantial Completion. If, however, Owner's Work does delay Substantial Completion, IDI must comply with the provisions of Paragraph 5.7.4 hereinabove should it desire an extension of the Contract Time. 5.9 When the Work on a Project is Substantially Complete as defined hereinabove, IDI, or as it may direct the Contractor or Architect, shall submit to Owner a proposed Certificate of Substantial Completion in such form as Owner may require. Such Certificate shall include a list of items to be completed or corrected and shall state the responsibilities of Owner and IDI for Project security, maintenance, heat, utilities, damages to the Work and insurance and shall fix the time within which IDI shall complete the items listed therein. Such items shall be competed by IDI in a reasonable time, but in no event more than sixty (60) days after the date of Substantial Completion unless the parties otherwise agree in writing. Upon Substantial Completion of the Work, and upon execution by Owner and IDI of the Certificate of Substantial Completion, Owner shall pay IDI an amount sufficient to increase total payments due IDI to one hundred percent (100%) of the Contract Price less three hundred percent (300%) of the reasonable costs as determined by Owner for completion of all incomplete work, correcting and bringing into compliance all defective and nonconforming work, and handling all unsettled claims. 5.10 When all of the Work on a Project is finally completed and IDI is ready for a final inspection, it shall notify Owner thereof in writing. Thereupon, Owner will promptly make final inspection of the Work and, if the Work is finally completed in accordance with all requirements of this Agreement and all requirements of the Plans and Specifications, and this Agreement has been fully performed with respect to the applicable Project, IDI shall then be entitled to payment of the unpaid Contract Price, less any amount withheld pursuant to this Agreement. If the applicable Project is not finally complete and Owner is required to repeat its final inspection of the Work, IDI shall bear the cost of such repeat inspection(s) which cost may be deducted by Owner from IDI's final payment. 5.11 Warranty. For a period of six (6) years commencing upon the issuance of a Certificate of Occupancy for the Project (the "Warranty Period"), IDI warrants to Owner that (i) all materials and equipment furnished pursuant to this Agreement will be of good quality and -19- t 1 t• � I t , new, and (ii) unless otherwise required or permitted by the Construction Contract or the Plans and Specifications, the Work will be of good quality, free from faults and in substantial conformance with the Plans and Specifications. Any and all Work not strictly conforming to these requirements may be considered defective. Owner shall inform IDI within a reasonable time after Owner learns of any defect that is the subject of the warranties contained in Paragraph 5.11. 5.11.1 The warranties set forth in Paragraph 5.11 shall exclude damages or defects caused by Owner, its employees, invitees, licensees, contractors and agents, by any of Owner's Work, by improper or insufficient maintenance, by improper operation, by casualty, or by normal wear and tear. 5.11.2 Without limiting Paragraphs 5.11 or 5.11.1, Owner shall have the right, prior to the first (151) anniversary of the issuance of a Certificate of Occupancy, to assert specific claims in writing for repair or correction of defective portions of the Work. The Work which is the subject of a valid claim so asserted by Owner prior to said first (1") anniversary shall be corrected by IDI (or Contractor) promptly at its sole cost and expense. 5.11.3 IDI shall assign to Owner, without recourse, all contractor and equipment warranties; provided, however, that Owner hereby agrees to cooperate with IDI in enforcing any such warranties for IDI's benefit during the Warranty Period. 5.11.4 Paragraph 5.11, and the subparagraphs thereunder, shall survive the expiration or earlier termination of this Agreement. ARTICLE VI PAYMENT OF THE CONTRACT PRICE 6.1 Payment Prior to Commencement of Construction. That portion of the Contract Price for any specific Project consisting of the Travel Allowance shall be paid in accordance with the provisions set forth in Paragraph 3.2 hereinabove. That portion of the Contract Price for any specific Project consisting of the Due Diligence Fee shall be paid in accordance with the provisions set forth in Paragraph 3.5 hereinabove. Furthermore, that portion of the Contract Price consisting of Project Costs incurred prior to commencement of construction shall be paid within thirty (30) days of receipt by Owner of a fully documented Request for Payment with respect to such Project Costs which shall include copies of valid invoices evidencing such costs together with a summary of the Work performed in support of such invoices. Owner may, in its sole discretion, withhold Retainage as same is defined hereinabove and, in such event, such Retainage shall be released as provided by this Agreement. The balance of the Contract Price for each Project shall be paid in accordance with the procedures set forth in Paragraph 6.2 hereinbelow. -20- 6.2 Pavment After Commencement of Construction. On or before the first day of each month after commencement of construction on any Project, IDI shall submit a Request for Payment for the period ending the twenty-fifth day of the month. Said Request for Payment shall be in such form and manner, and with such supporting data and content, as Owner may reasonably require. Therein, IDI may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Work performed and materials or equipment properly stored at the Project Site (or elsewhere if approved in advance, in writing, by Owner) less the total amount of previous payments received from Owner. Each such Request for Payment may include a percentage of IDI's Development Fee applicable to the Project equal to the percentage of the construction then complete. The rights of Owner set forth herein to Retainage are in addition to all of the other rights and remedies of Owner as set forth in this Agreement or as may be provided by law. Payment for stored materials and equipment shall be conditioned upon IDI's proof, satisfactory to Owner, that Owner has title to such materials and equipment and shall include proof of any required insurance. Each Request for Payment shall be signed by IDI and shall constitute IDI's representation that the Work has progressed to the level for which payment is requested in accordance with this Agreement and that IDI knows of no reason why payment shall not be made as requested. Owner shall make partial payments on account of the Contract Price to IDI within thirty (30) days following receipt of an accurate and fully documented Requests for Payment. The submission by IDI of a Request for Payment constitutes an affirmative representation and warranty that all Work for which payments have been received from Owner is free and clear of liens, claims, security interests or other encumbrances in favor of IDI or any other person or entity whatsoever. As a condition precedent to payment, IDI shall also furnish to Owner properly executed waivers of lien, in a form reasonably acceptable to Owner, from Contractor, subcontractors, materialmen and suppliers wherein said Contractor, subcontractors, materialmen and suppliers shall acknowledge receipt of all sums due pursuant to all prior Requests for Payment and shall waive and relinquish any liens or lien rights relating thereto. Furthermore, IDI warrants and represents that upon payment of the Request for Payment submitted, title to all Work covered thereby shall immediately pass to Owner. 6.2.1 Upon receipt of any payment or partial payment from Owner, IDI shall promptly pay Contractor, materialmen, laborers, suppliers, and others such amounts as they are entitled for the Work covered by such payment or partial payment. In the event Owner becomes informed that IDI has not paid Contractor, materialmen, laborers, suppliers or other entities as provided herein, Owner shall have the right but not the duty, to issue future checks and payment to IDI of amounts otherwise due hereunder naming IDI and Contractor, or any materialmen, laborers, suppliers, or other entities as joint payees. Such joint check procedure, if employed by Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit Owner to repeat the procedure in the future. In the event Contractor, any subcontractor, materialmen, laborer or supplier files any lien against any Project through no fault of Owner, IDI shall within ten (10) days of notice of same either (a) secure the dismissal, satisfaction or discharge of such lien or (b) bond off such lien. IDI shall be responsible for all cost and expense incurred in connection with the removal of any such lien. -21- 6.2.2 No progress payment or other payment to IDI nor any use or occupancy of any Project by Owner, shall be interpreted to constitute acceptance of any Work not in strict conformity with the requirements of the Plans and Specifications for such Project or the Construction Contract for the Project. 6.2.3 Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amount previously paid to IDI, to protect Owner from loss because of: (i) Defective work not promptly remedied by IDI or Contractor; (ii) Claims of third parties filed or reasonable evidence indicating the probable filing of such claims; (iii) Failure by IDI to timely pay Contractor or others; (iv) Reasonable evidence that the Work will not be completed in accordance with tills Agreement for the unpaid balance of the Contract Price; (v) Reasonable evidence that the Work will not be completed within the Contract Time or within the time provided for final completion; (vi) Failure or refusal by IDI or Contractor to perform the Work in accordance with the Plans and Specifications, the Construction Contract, or this Agreement; or, (vii) Damage to Owner or a third -party to whom Owner is, or may reasonably be, liable to the extent caused by IDI, Architect, Contractor, or any other entity under contract with IDI. 6.3 Site Acquisition Costs. Owner shall be responsible for the direct payment of all costs (other than the Project Costs) incurred by Owner in connection with Owner's acquisition of any Project Site, including, without limitation, the purchase price, Owner's attorneys' fees, the cost of any title insurance premiums, all closing costs and other costs of whatsoever kind that Owner is obligated to pay in connection with the purchase of any Project Site. 6.4 Cancellation. If a specific Project is cancelled by Owner for convenience pursuant to this Agreement, Owner shall pay IDI the Project Costs actually incurred as of the date of cancellation and any Project Costs actually incurred after the date of cancellation provided such Project Costs could not reasonably be avoided or otherwise mitigated. IDI shall retain any Due Diligence Fee previously paid by Owner. IDI shall also retain any Development Fee paid as of the date of cancellation, and IDI shall also be paid that portion of any Development Fee earned but unpaid as of the date of cancellation. Furthermore, IDI will be paid any accumulated Retainage held by Owner as of the date of cancellation. The cancellation payments set forth herein shall be due and payable to IDI within thirty (30) days after receipt by Owner of a fully documented and accurate Request for Payment for same. Such cancellation payments shall constitute the sole remedy of IDI in the event of the cancellation of any Project. This Section 6.4 shall survive the expiration or earlier termination of this Agreement. -22- 6.5 Any payments -not made with thirty (30) days of the date due under this Agreement, shall bear interest, commencing on the thirty-first (3151) day after the date due, at the rate of eight percent (8%) per annum. ARTICLE VII INSURANCE 7.1 Contractor Insurance. From the date of the Notice to Proceed - Construction with respect to any Project through the date of Substantial Completion with respect to such Project, IDI shall cause the Contractor to carry, with respect to the Project in question, worker's compensation, commercial general liability and builder's risk insurance in a form and with terms and limits of coverage as Owner may require and as specified in the Construction Contract. All such insurance shall be evidenced by certificates issued to IDI and Owner, along with copies of the policies and paid premium statements and all such policies shall name IDI and Owner as additional insureds (with respect to the workers compensation and commercial liability coverage), shall name Owner as loss payee (with respect to the builder's risk coverage) and shall provide that no policy evidenced thereby shall be canceled or materially altered without thirty (30) days prior written notice to both IDI and Owner. The cost of all such insurance shall be paid by Contractor and included in the Contract Price. In addition, if specified by Owner, IDI shall require that the Contractor be bonded by a surety company reasonably acceptable to Owner, and all costs relating thereto shall be included in the Contract Price. 7.2 Waiver of Subrogation. All builder's risk insurance policies shall include a waiver of subrogation provision. Owner and IDI hereby waive any rights of recovery against the other for insured injury or loss due to hazards occurring on any Project, unless due to the gross negligence or willful misconduct of the other party. ARTICLE VIII TERMINATION 8.1. Termination by Owner for Default. Owner may, for cause, terminate this Agreement if IDI refuses or fails, within ten (10) days following receipt of written notice from Owner, to (a) cause the Work on any Project to be prosecuted in a timely manner, (b) commence and proceed to timely correct defective or nonconforming Work, (c) make prompt payment to Architect, Contractor, any Consultant, or any other entity under contract with IDI, (d) obey laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over a Project, or (e) promptly perform any other material obligation it has under this Agreement. Such termination shall be by written notice to IDI and shall be without prejudice to any other right or remedy of Owner. If Owner terminates the employment of IDI for cause, Owner may take -23- possession of any Project Site and of all the Work and materials thereon and may finish the Project by whatever methods it deems expedient. In the event of a termination for cause, IDI hereby assigns to Owner the contract with Architect, the Construction Contract, and any Consultants' agreements, and any other purchase orders or contracts pertaining to any Project, such assignment to be effective after termination of this Agreement and after Owner's written acceptance of any such assignment. At Owner's discretion it may accept the assignment of all, or any one or more, of such agreements. In the event of a termination for cause, IDI shall not be entitled to receive any payment on amounts otherwise due under this Agreement until the Work on all Projects being performed under this Agreement has been finally completed. If the reasonable cost to complete the Work on any such Projects exceeds the unused balance of the Contract Price with respect to such Projects, Owner shall have such rights and remedies as are provided by law. In the event of any default by IDI, Owner reserves the right to terminate this Agreement in full, or, in the sole discretion of Owner, to terminate such Agreement in part as same may apply to any specific Project. The election by Owner to partially terminate this Agreement shall not preclude Owner from subsequently terminating the entire Agreement should it so elect in its sole discretion. In the event Owner terminates this Agreement or any part thereof for cause and it is subsequently determined that Owner did not have cause for such termination, such termination shall be deemed to be one for convenience and IDI's sole remedy shall be receipt of payment as provided by Paragraph 6.4 hereinabove. 8.2 Termination by Owner for Convenience. The Owner may, by written notice, and for any reason whatsoever, terminate performance of IDI under this Agreement for convenience. Owner reserves the right to terminate the entire Agreement for convenience or to terminate said Agreement only as to a specific Project. In the event of any termination for convenience, IDI shall, as Owner may direct, terminate outstanding contracts relating to this Agreement or to any specific Project identified by Owner and settle the liabilities and claims arising out of such termination. IDI shall transfer, assign, and deliver title to Owner of all completed or partially completed Work, materials, fixtures, equipment to be incorporated in the Work and contract rights as IDI has in connection with any terminated Work. In the event Owner terminates this Agreement in whole or in part pursuant to this Paragraph 8.2, IDI shall be paid, as its sole and exclusive remedy, for any Project or Projects terminated, the same as if any such Project or Projects are cancelled pursuant to Paragraph 6.4 hereinabove. 8.3 Termination by IDI for Cause. If Owner shall fail to perform any material obligation to IDI hereunder for a period of thirty (30) days after receiving written notice from IDI, IDI may, by written notice to Owner, terminate performance of this Agreement for cause. Such termination may be applicable to the entire Agreement or to a specific Project commenced hereunder at the discretion of IDI. In the event of such termination, IDI shall be entitled to exercise any right or remedy provided hereunder, at law, or in equity. -24- ARTICLE IX TERM 9.1 Expiration. The term of this Agreement ("Term") shall commence on the date hereof and, unless sooner terminated as provided herein, shall expire as of the day immediately preceding the third (3 d) anniversary of the date hereof, provided, however, such expiration shall not be applicable to any Project then under development or under construction in accordance with this Agreement and this Agreement shall expire with respect to any such Project upon its final completion. For purposes of this Paragraph 9.1, a Project shall be deemed under development if a Notice to Proceed for any phase of such Project has been issued by Owner. Notwithstanding any other provision concerning expiration or termination, the warranty obligations of IDI, to the extent remaining and as set forth in Paragraph 5.11 hereinabove, shall survive expiration or termination save and except for termination arising out of Owner's default. Furthermore, upon expiration of the term of this Agreement, Owner's duty to pay any portion of the Contract Price then due and payable to IDI shall survive such expiration. 9.2 Condemnation Awards or Insurance Proceeds. If during the term of this Agreement, any Facility or Project Site is damaged by flood, fire or other casualty or any portion thereof is taken by condemnation, Owner shall notify IDI promptly whether or not IDI should continue with the construction of the Facility on the damaged or taken Project Site. The insurance proceeds or condemnation award from such casualty or condemnation shall be paid solely to Owner and shall be Owner's property and IDI shall have no rights whatsoever with respect thereto. In the event any such casualty or condemnation delays IDI in achieving completion of the applicable Work within the Contract "rime, IDI shall submit any claim for an extension of the Contract Time in accordance with the provisions of Paragraph 5.7.4 hereinabove. 9.3 Delivery of Documentation upon Termination. IDI shall, within thirty (30) calendar days after the expiration or termination of this Agreement, deliver to Owner any and all information in IDI's possession (which has not previously been delivered to Owner) with respect to any completed or cancelled Project. ARTICLE X DEVELOPMENT OBLIGATIONS OF OWNER 10.1 Owner's Project Development Obligations. Owner and IDI agree that Owner is not obligated to develop any Projects pursuant to this Agreement. -25- ARTICLE XI INFORMATION SHARING• MEETINGS• AUTHORIZED REPRESENTATIVE 11.1 Information Sharing. Throughout the performance of its obligations under this Agreement, IDI will provide Owner with detailed status reports concerning environmental investigations, soils investigations, zoning and access studies and all other relevant information (including, but not limited to, the Due Diligence Report) concerning the status of all on -going Projects, and shall provide Owner with copies of all relevant information concerning the status of the on -going Work at any Project. IDI will also provide Owner with regular, updated construction and development schedules for all on -going Projects including, but not limited to, the schedules and updates as required by Paragraph 5.5.3 hereinabove. Owner shall have the right, at any time, and from time to time, upon reasonable prior notice to IDI, to inspect IDI's books and records related to all on -going Projects. 11.2 Authorized Representative. IDI herein designates Michael McLoad, in his capacity as Senior Vice -President of IDI, as its authorized representative to act on behalf of IDI with respect to all matters under this Agreement. 11.3 Limitation on IDI Representations. Notwithstanding anything contained in this Agreement to the contrary, Owner acknowledges that IDI has not and will not give Owner any advice regarding the existence or impact of any tax laws on the operation of Owner's business in the geographic location selected for any Project. ARTICLE XII MISCELLANEOUS 12.1 Claims. All claims by IDI, including claims for extensions of time and adjustments to the Contract Price, shall be initiated by written notice submitted to the Owner. Such written notice must be furnished within fourteen (14) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim, and same must set forth the facts and circumstances supporting the claim. Pending resolution of any claim of IDI, IDI shall diligently proceed with the performance of this Agreement and shall maintain separate records documenting any impacts and costs of the occurrence or condition giving rise to the claim, and Owner shall continue to make payments to IDI in accordance with this Agreement. The resolution of any claim shall be reflected by a Change Order executed by Owner and IDI. 12.2 Limitation on Claims. In connection with any claim by IDI against Owner for compensation in excess of the Contract Price with respect to any applicable Project, any liability of Owner shall be strictly limited to direct cost incurred by IDI, Architect, Contractor, Consultants, or other entities under contract with IDI and in no event shall any claim include -26- • 0 indirect cost or consequential damages of any of such entities including but not limited to, home office overhead or expense, loss of efficiency, lost profits, loss of use of capital, or loss of bonding capacity. Any acceleration of the performance of the Work on any Project shall be first authorized in writing by Owner. 12.3 Stop Work Order. If IDI or Contractor persistently fails or refuses to perform Work in accordance with the requirements of this Agreement, Owner may order IDI or Contractor to stop the Work, or any described portion thereof, until the cause for stopage has been corrected, no longer exists, or Owner orders the Work be resumed. In such event, IDI or Contractor shall immediately obey such order. 12.4 Owner's Right to Correct or Complete Work. In the event IDI or Contractor fails after receipt of seven (7) days written notice from Owner, to diligently prosecute any Work, or fails to proceed with the timely correction of any deficient or defective Work, Owner, after first providing an additional three (3) business days notice to IDI, may, without prejudice to any other rights or remedies the Owner may have against IDI, proceed to carry out the subject Work. In such situation the Contract Price shall be reduced to reflect the cost to the Owner of performing or correcting the subject Work, plus compensation for any actual cost incurred by Owner as a result of such Work. If the unpaid portion of the Contract Price for the applicable Project is insufficient to cover the amount due Owner, IDI shall pay the difference to Owner. Notwithstanding any other provision of this Paragraph 12.4, the liability of IDI hereunder shall be limited to the total amount of the Due Diligence Fee and the Development Fee for the Project plus the amount of any Travel Expenses due or paid to, IDI. 12.5 Limitation of Liability. Notwithstanding any other term or condition of this Agreement, the liability of IDI to Owner for any breach of this Agreement, or for any act of ordinary negligence, shall not exceed the total amount of the Due Diligence Fee, the Development Fee, and any Travel Expenses due or paid to, IDI for the Project or Projects giving rise to such liability. This limitation of liability shall not apply to the extent IDI is insured for the liability, loss, damage, claim, or cause of action in question nor shall such limitation of liability apply to any acts of gross negligence, acts of willful or intentional conduct, or acts of fraud or deceit. Furthermore, nothing contained herein shall limit the liability of the Architect, any Consultants, the Contractor, or any other contractors employed by IDI in connection with any Project or Facility, and the Owner shall be deemed a third -party beneficiary of any contracts by and between IDI and the Architect, Consultants, the Contractor, and any other contractors retained by IDI in connection with any Project or Facility. 12.6 Attorneys' Fees. In the event of any litigation by and between Owner and IDI arising out of or relating to this Agreement, the prevailing party shall be entitled to the recovery of its reasonable attorneys' fees and any and all court cost, expert witness fees, or other expenses of litigation reasonably incurred. 27 12.7 Access. The Owner shall have access to the Work at all times from commencement of the Work through final completion. IDI shall take whatever steps necessary to provide access when requested. 12.8 Duties of Others. The duties, obligations and responsibilities of IDI under this Agreement shall in no manner whatsoever be changed, altered, discharged, released or satisfied by any duty, obligation or responsibility of the Architect, Contractor or any Consultants retained by IDI. 12.9 Covering of Work. If any Work on any Project is covered contrary to Owner's request or to any provisions of the Plans and Specifications, it shall, if requested by Owner, be uncovered for Owner's inspection and shall be properly replaced at IDI's expense without change in the Contract Time. 12.10 Acceptance of Nonconforming. In the event IDI fails or refuses to correct defective or nonconforming Work after receipt of notice as provided hereinabove, Owner, in its sole discretion, may elect to accept defective or nonconforming Work. In such event, the Contract Price with respect to the applicable Project shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work or, (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the applicable unpaid Contract Price, if any, is insufficient to compensate Owner for its acceptance of defective or nonconforming Work, IDI shall, upon written demand from Owner, pay Owner such remaining compensation for accepting defective or nonconforming Work. 12.11 Suspension of Performance. Owner shall have the right at any time to direct IDI, Architect, Contractor, or any Consultants working under contract with IDI, to suspend performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by Owner, IDI or such other entity under contract with IDI, shall immediately comply with same. In the event Owner directs a suspension of performance under this Paragraph through no fault of IDI or any entity under contract with IDI, Owner shall pay as full compensation for such suspension IDI's reasonable costs, actually incurred and paid, of: (i) Demobilization and remobilization, including such costs paid to Contractor; (ii) Preserving and protecting Work in place; (iii) Storage of materials or equipment purchased for the Project, including insurance thereon; and, (iv) Performing in a later, or during a longer time frame, than contemplated by this Agreement. -28- The Contract Time shall be extended to reflect any suspension directed by Owner unless Owner compensates IDI for all cost incurred in accelerating the Work so as to complete same within the Contract Time as established prior to the suspension. 12.12 Indemnification. To the fullest extent provided by law, IDI shall indemnify and hold harmless Owner from and against liability, claims, damages, losses and expenses, including attorneys' fees and expenses, and fees and expenses of experts, arising out of or resulting from any breach of this Agreement or from any performance of the Work, including but not limited to, such liability, claims, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused by any breach of contract or any negligent acts or omissions of IDI, Architect, Contractor, or any other entity directly or indirectly employed by IDI or anyone for whose acts IDI may be liable, regardless of whether or not such liability, claim, damage, loss or expense is caused in part by the party indemnified hereunder. In claims against any person or entity indemnified under this Paragraph by an employee of IDI, Architect, Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligations under this Paragraph shall not be limited by any limitation on or amount or type of damages, compensation or benefits payable by or for IDI, Architect, Contractor, or any entity under contract with IDI, under worker's compensation acts, disability benefit acts or other employee benefit acts. 12.13 Dispute Resolution. All claims, disputes and other matters in question between Owner and IDI arising out of, or relating to, this Agreement or the breach thereof, may, at the sole option of Owner be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. This provision shall be specifically enforceable in any court of competent jurisdiction. Nothing herein, however, shall be deemed to require Owner to subject disputes under this Agreement to arbitration. When the Owner has opted for arbitration, the following shall apply: (1) Arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder, or any other manner, any other persons substantially involved in a common question of fact or law, whose presence is required if complete relief is to be accorded in the arbitration. IDI will require by contract that Architect, Contractor, any Consultants, or any others contracting with IDI in connection with this Agreement agree to such consolidation or joinder. (2) Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association Regional Office in Atlanta, Georgia. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when any applicable statute of limitations would bar institution of a legal or equitable proceeding based on such claim, dispute, or other matter in question. The parties specifically agree that the venue for any arbitration hearing will be in Atlanta, Georgia. -29- (3) Prior to the arbitration hearing and in preparation for same, each party will be entitled to take one (1) deposition of each involved party and to request all relevant documents which relate to the underlying dispute (Discovery). Discovery as outlined above will be conducted in accordance with the Federal Rules of Civil Procedure. (4) The award entered in the arbitration proceeding shall be final, and judgment may be entered upon it in' accordance with applicable law in any court of competent jurisdiction. (5) Unless otherwise agreed in writing, IDI shall carry on the Work and maintain its progress during any arbitration proceedings, and Owner shall continue to make payments not in dispute to IDI in accordance with this Agreement. (6) The Federal Arbitration Act shall apply and govern disputes submitted to arbitration. If Owner has not opted for arbitration as provided herein, claims, disputes, and other matters in question between the parties arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of either the United States District Court for the Northern District of Georgia, Atlanta Division, or the Superior Court of Cobb County, Georgia. These provisions concerning dispute resolution shall survive the expiration or earlier termination of this Agreement. To the extent there is a dispute regarding the terms of this Agreement or relating to any Work performed hereunder, the law of the State of Georgia shall control and govern. 12.14 Authority. Owner and IDI each represent that it has full power and authority to enter into this Agreement for the purposes set forth herein. 12.15 Notices. Any notice ("Notice") pursuant to this Agreement shall be given in writing by (a) personal delivery, or (b) overnight delivery service with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail, return receipt requested, or (d) prepaid telegram, telex, or facsimile (provided that such telegram, telex, or facsimile is confirmed by overnight delivery service or by mail in the manner previously described), sent to the intended addressee at the address set forth below, or to such other address in the continental United States as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of personal delivery, or, in the case of overnight delivery service, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of mail, upon the expiration of three (3) days after deposit with or delivery to the United States Postal Service, or, in the case of telegram or telex, upon receipt; provided, that the time period for response to any Notice shall not continence until the Notice is actually received. Unless changed in accordance with the preceding sentence the addresses for notice given pursuant to this Agreement shall be as follows: -30- If to Owner: Home Depot U.S.A., Inc. 2455 Paces Ferry Road Atlanta, Georgia 30339 Attention: V.P. - Real Estate Law Group Facsimile: (770) 384-3042 with copies to: Corporate Counsel - Real Estate Home Depot U.S.A., Inc. 2455 Paces Ferry Road, N.W. Atlanta, Georgia 30339 Attention: Jeff A. Israel Facsimile: (770) 384-3042 If to IDI: Industrial Developments International, Inc. Monarch Tower, Suite 1500 3424 Peachtree Road, N.E. Atlanta, Georgia 30326 Attention: Timothy J. Gunter and a copy to: Industrial Development International, Inc. Monarch Tower, Suite 1500 3424 Peachtree Road, N.E. Atlanta, Georgia 30326 Attention: Michael B. McLoad 12.16 Captions. The titles or captions contained in this Agreement are for convenience only and shall neither restrict nor amplify the provisions hereof. 12.17 Entire Agreement. This Agreement shall constitute the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended or changed except by written instrument signed by both parties hereto. -31- 12.18 Severable Provisions and Conflicts. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, then the other provisions of this Agreement and the provision in question to any other extent, shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 12.19 Governing Law. This Agreement shall be governed by the internal laws of the State of Georgia, without regard to principles of conflict of laws. 12.20 Waiver of Rights. Acceptance by either IDI or Owner of any payment made by the other party hereunder shall constitute neither a waiver of the right of such recipient to contest whether or not the full amount due shall have been paid, nor a waiver of any other rights hereunder. Failure by either IDI or Owner to complain of any action, nonaction, or default of the other party shall not constitute a waiver of any rights hereunder, nor shall the waiver of any right occasioned by a default in any one or more instances constitute a waiver of any right occasioned by either a subsequent default of the same obligation or by any other default. 12.21 U.S. Funds. All sums and amounts payable or to be payable pursuant to the provisions of this Agreement shall be payable in coin or currency of the United States which, at the time of payment, is legal tender for the payment of public and private debts. 12.22 Binding Effect; Assignability; Change of Control. 12.22.1 This Agreement shall, except as otherwise herein expressly provided, be binding upon and inure to the benefit of Owner and IDI and their respective successors and permitted assigns. 12.22.2 Without the written consent of the other party neither Owner nor IDI shall assign this Agreement, and any attempted assignment without such consent shall be void. 12.23 No Partnership. Owner shall not and does not by this Agreement in any way or for any purpose become a partner of IDI in the conduct of its business, or otherwise, or a joint venturer of or a member of a joint enterprise with IDI, but rather IDI is and shall, for all purposes of this Agreement and the development of the Project, be deemed an independent contractor of Owner. 12.24 No Third Party Beneficiary. This Agreement is made solely and specifically between and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person or entity whatsoever shall have the rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. 12.25 Time of Essence. Time shall be of the essence hereunder. -32- 12.26 Calendar Days. Except as otherwise set forth in this Agreement, any reference herein to "days" shall be deemed to refer to calendar days. If the time period by which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, expires on a Saturday, Sunday or legal or bank holiday, then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. [The remainder of this page is intentionally left blank.] -33- EXECUTED and sealed effective as of the day and year first above written by duly authorized officers. IDI: INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation By: ame: ►r v Title: StC Attest: _ Name: r- Title:,,,,;,�, i(ssis4a�-f (AFFIX CORPORATE SEAL) Oxvni,r- HOME DEPOT U.S.A., INC., a Delaware corporation By: 4 H- Name: RAUDA,, H C�•WLFPLJGNS Title: SENIOR CORPORATE COUNSEL-REALESTATE Attest: Name: ARY BETH LAMORE Title: ASSIS (AFFIX CORPORATE SEAL) MAR 2 1 2001 -34- • • STANDARD AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR HOME DEPOT PROJECTS: LUMP SUM IDI FORM IOIHD • STANDARD AGREEMENT BE' WI'I EN OWNER AND CONTRACTOR: LUNIIP SUM AGREEMENTmade as of the 21st clay of February in the year 2003. BETWEEN Owner: Industrial Developments International, Inc. 3424 Peachtree Road N.E., Suite 1500 Atlanta Georgia 30326 (404) 479-4000 phone & (404) 479-4001 fax and Contractor: The Conlan Company (name and address) 1800 Parkway Place, Suite 1010 Marietta, Georgia 30067 (770) 423-8000 phone & (770) 423-8010 The Project is: I Ionic Depot Import Distribution Center - l astgate Industrial Park (name and location) Maranto Manor Drive Stephens City, Vir Lniq The Architect is: Mac(,regor Associates Architects (name and address) 2675 Paces Derry Road Suite 210 Atlanta , GA 30339 The Civil Engineer is: Triad Inc. (name and address) 200 Aviation Drive Winchester, VA 22604 The End User is: l lomc Depot U.S.A., Inc. (name and address) 2455 Paces ferry Road, N.W. Atlanta, GA 30339-4024 Owner and Contractor agree as follows: Section 1 The Contract Documents The Contract Documents consist of this Agreement an(I the General Conditions, Construction Documents and addenda issued prior to execution of the Agreement, Construction Schedule, Supplementary Conditions as set forth in this Agreement, other documents listed in this Agreement under Section 19, Exhibits attached hereto and to the General Conditions and Change Orders issued after execution of this Agreement in accordance with the Contract Documents; these form the Contract between the parties, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Section 2 The Work of this Contract 2.1 Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of'others. 2.2 Deleted. Section 3 The Address of the Site The temporary address for the Site is 201 Rainville Road, Stephens City, VA 22655 and is more fully described in Exhibit "A" attached hereto. Once Maranto Manor Drive is approved by Frederick County, they will issue the permanent address off of this new road for the facility. Section 4 Date of Commencement The date of commencement of the Work shall be the date of the Notice to Proceed issued by Owner. (See Exhibit "II".) Section 5 Contract Price 5.1 Owner shall pay Contractor the Contract Price in current funds for Contractor's performance of the Work. The Contract Price shall be Sixteen Million Four Hundred Ninty-One "thousand Six IIundred Fifty - Three Dollars ($16,491,653.00), subject to additions and deductions by Change Order as provided in the Contract Documents. 5.2 Allowances, if any, are shown in the Bid Breakdown contained in Exhibit "P" Section 6 [reserved] Section 7 [reserved] Section 8 [reserved] Section 9 Unit Prices Unit prices, if any are listed in the attached Exhibit "C". Section 10 Payment and Retainage 10.1 Contractor will submit Its Application for Payment on or before the 25"' day of each month. 10.2 Owner will state objections, if any, to the amounts included in such Application for Payment within ten (10) days of receipt of a proper Application for Payment. 10.3 Owner will make payment within 45 (lays of receipt of a proper Application for Payment. 10.4 Retainage on completed Work shall be ten percent (10%). 10.5 Retainage on stored materials shall be ten percent (10%). 10.6 [reserved] 10.7 Upon Substantial Completion of the Project, Contractor shall be paid in amount sufficient to increase the total payments to ninety Percent (90%) of the Contract Price. 10.8 Pinal Payment shall be made in accordance with Paragraph 13.10 of the General Conditions. Section 11 Interest Payments due and unpaid under the Contract shall bear interest from the (late payment is due at the rate of tight percent (8%) per annum. -2- I':\Data\Corp_dev\I_homedp\IDC -Virginia\Contracts\GC\IDI Form 10111D_Winchester.d0c Revised: November 5, 2002 ATL01 / 109318900 Section 12 Change Orders 12.1 Por Change Orders, Contractor shall be entitled to recover, as compensation in full for overhead and profit, five percent (5%r,) of' the actual and reasonable direct cost to the Contractor of any additional Work performed. 1 Contractor's allowance for overhead and profit for work performed by Contractor shall be five percent (5%) of the cost for both overhead and profit combined. .2 Contractor's allowance for overhead and profit for work performed by a Subcontractor shall be five percent (5%) of the cost for both overhead and profit combined. .3 Contractor's or Subcontractor's allowance for overhead and prof -it for work performed by a lower tier Subcontractor/Supplier shall be five percent (5%) of the cost for both overhead and profit combined. 12.2 No Change Order shall be valid or binding unless the procedures in Article 14 of the General Conditions are followed and unless authorized on behalf of Owner by the appointed individuals within the limits shown below: Sean O'Brien Scan O'Brien Section 13 Project Progress Meetings Maximum $ No Limit - Cumulative monthly Amounts in excess of $ No Limit Contractor will hold project progress meetings not less frequently than bi-weekly. The meetings shall be conducted as required by Owner and as required by Paragraph 4.4.1 of the General Conditions. Section 14 Owner's Representative Owner's representative is: Section 15 Contractor's Personnel 15.1 Contractor's representative is Scan O'Brien Development Manager Industrial Developments International, Inc. 3424 Peachtree Road, NE Suite 1500 Atlanta, GA 30326 sobrien@ idi.conl (404) 479-4060 — Office (404) 479-4001 - Fax 13. Scott Austin Senior Project Manager The Conlall Company 1800 Parkway Place, Suite 1010 Marietta, GA 30067 saustin@conlancompany.com (770) 423-8007 — Office (770) 423-8010 - Fax -3- I':\Data\Corp_dev\I_humcdp\IDC -Virginia\Conlmcis\GC\IDI Form 1011II)_Winchester.doc Revised: November 5, 2002 ATI-0 1/109318900 0 15.2 The following supervisory personnel have been assigned by Contractor to the project: Project Director: Gary Condron Project Manager: Scott Austin Superintendent: Randy Blanton Section 16 Insurance and Bonds 16.1 The party responsible for obtaining builder's risk insurance is the Contractor. The deductible shall not exceed the amount stated in the General Conditions. 16.2 The party responsible for obtaining professional liability insurance is the Contractor. The deductible shall not exceed the amount stated in the General Conditions. Section 17 Contract Time / Liquidated Danunges 17.1 The scope of Work included in each Milestone (as defined in Article I of the General Conditions) is described in the attached Exhibit "D" and is to be substantially complete by the applicable Milestone Date (as defined in Article I of the General Conditions) set forth in the attached Exhibit "D" 17.2 Article 15 of the General Conditions (Li(Juidated Damages) is applicable to the Project. 17.3 If Article 15 of* (lie General Conditions (Liquidated Damages) is applicable to the Project, Milestone Liquidated Damages (as del'ined in Article 1 ol'the General Conditions) shall be assessed as set forth in Article 15 of the General Conditions, and the amount(s) of the Milestone Liquidated Damages are set forth in the attached Exhibit "D". Section 18 Notice Addresses All communication shall be addressed to the following: Owner: Industrial Developments International. Inc. 3424 Peachtree Road N.E., Suite 1500 Atlanta Georgia 30326 Attention: Tim Gunter, Chien' Operating Officer Copy to: Industrial Developnncnts International, Inc. 3424 Peachtree Road N.E.. Suite 1500 Atlanta, Georgia 30326 Attention• Sean O'Brien — Development ]\Manager Contractor: The Conlan Conn run 1800 Parkway Place, Suite 1010 Marietta. Georgia 30067 Attention: Gary Condron - ]'resident These addresses may be changed upon Notice to the parties listed above and to the Architect. -4- 1':\Dala\Corp_dev\I_homedINDC- VirginiaWontracls\(;C\IDI t'orll 10iIID_\vinchester.doc Revised: November 5, 2002 A'I'L01 / 109318900 • 0 Section 19 )Enumeration of Contract Documents The Contract Documents, except for Change Orders issued after the execution of this Agreement in accordance with the Contract Documents, are enumerated as follows: 19.1 The Agreement is this cxccuted IDI l"orm 101I-ID Standard Agreement Between Owner and Contractor for Home Depot Projects: Lump Sum. 19.2 The General Conditions are the IDI Form 201I-I1) General Conditions to Standard Agreement Between Owner and Contractor for Home Depot Projects. 19.3 The Supplementary and other Conditions of' the Contract are as follows: Per Requirements of the Documents in the attached Exhibit "B". 19.4 "rile Specifications are as follows: (Either list the Specifications Here or refer to Exhibit " B" (1tterched to this Agreement.) Per Requirements of the Documents in the attached Iir•hibit "B" 19.5 the Drawings arc as follows, and are dated (Reference Exhibit "13") unless a different (late is shown below: (Either list the Drawings here or refer to Exhibit "B" attached to this Agreement.) Per Requirements of the Documents in the attached Exhibit "B" 19.6 The addencla, if any, are as follows: Per Requirements of the Documents in the attached Exhibit "13" 19.7 Other documents, if any, forming part of' tile Contract Documents are as follows: This Agreement is entered into as of the clay and year first written above al '. ( cuted in at least three original copies, of which one is to be delivered to Contractor ( 1 o the Architect for use in the administration of the ontract, and the remainder to Owner. WNER (Signs CONTRACTOR (Signature) ace") C-19 0evy Printed name and tit e) (P> rated nnnte cued title) -S- I,AI)ala\Corp--dcv\I_homcdp\II)C -Virginia\('onu;icls\(i('\II)I Donn 101111)_winchemer.(loc Revised: November 5, 2002 A't'L01 / 109318900 0 • Page 1 of 2 O'Brien, Sean From: Rebecca A. Ragsdale [rragsdal@co.frederick.va.us] Sent: Monday, May 05, 2003 12:31 PM To: sobrien @ idi.com Subject: Home Depot Contract Information Sean, As we discussed, below is the e-mail regarding contract infornraLion needed by VDOT and the Frederick County Administrator's office. Please send copies to each at the following addresses: Mr. ,Jerry Copp, Resident Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 Mr. Kris C. Tierney, Frederick County 107 North Kent; Strect Winchester, VA 22601 Thank you, Rebecca Ragsdale Kr i s, Assistant County Administrator As we have discussed several Limes, the Department is willing to review the Capital investment for the Home Depot to see if it meets the criteria under the Industrial Access Program to fulfill the County's obligations on the above noted honded project. If you could furnish a copy of the contract for the grading and/or the building consLruction Nye will review it. Furthermore, Nye have been told that Home Depot has an agent IDI who is doing this contracting on their behalf. If' this is true then we will need n legal agreement between ID1 and Home Depot for our review. Please let me know if additional information is needed. "I'hanks, "Jerry Jerry A. Copp Resident Engineer VDOT/Edinburg Residency Phone: (5,10) 98,1-560h 5/9/2003 R Paoc 2 of 2 Pax: (540) 984-5607 Jerry. Copp@V i rg i n i aUOT. org 5/9/2003 FedEx I Ship Manager I Label 7915 8993 8537 Page 1 of I From: KRISTA L YOUNG (404)479-4092 IDI 3424 PEACHTREE ROAD NE SUITE 1500 ATLANTA, GA, 30326 To: Kris Tierney (540)665-5651 Frederick County 107 North Kent Street Winchester, VA, 22601 Ref: 4105 REVENUE BARCODE DELIV uADDRESSEARCODE(FEDEE-EDR) FedEx STANDARD OVERNIGHT TRK # 7915 8993 8537 bya 1 A D 22601-VA-USNJ BOFA Shipping Label: Your shipment is complete SHIP DATE: 09MAV03 WEIGHT: 1 LBS MON AA Deliver by: 12MAY03 -_ - ICirr�kf�it-rtar fiizl� ,r•r �mtlrrTiftri f_QV77M"snxl7r:r�l , 1. Use the 'Print' feature from your browser to send this page to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. 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The liability of FedEx for damage; delay, or loss of international shipments by surface or air may be limited by certain treaties, including the Warsaw Convention. Please refer to the FedEx Service Guide or the FedEx International Air Waybill for more details. 4*001®0% ,A Recqled Oii4O PPaperbwrd MINIMUM 353/6 POSTOONSUMER CONTENT 3 M may 4�G O�ti 4<v COUNTY of FREDERICK `J Department of Planning and Development 540/665-5651 FAX: 540/665-6395 November 22, 2002 Triad Engineering, Inc. Attn.: Mr. David F. Spriggs P.O. Box 2397 Winchester, Virginia 22604 RE: Home Depot/Wright's Run L.P. - Preliminary Review of Subdivision Plat Dear Dave: I have had the opportunity to review the referenced subdivision plat received by our office on October 25, 2002. Please respond to the following comments: I . Depict on the vicinity map all subdivisions within 1,000 feet of the subject property. Reference that this lot is part of the Eastgate Commerce Center. 2. A subdivision application and fee ($320) should be submitted. I have enclosed an application package and have indicated which agency comment sheets are not needed. 3. Provide graphic scales on all sheets. 4. Provide the zoning of the land to be subdivided. 5. Provide boundary/baseline survey information for all existing and proposed road rights -of -way on the subject parcel. 6. Provide the property owners' names for all adjoining properties. 7. Provide area information for the woodlands and steep slopes protection easement and the legal reference to that easement. 8. Provide an area information table to include the total area of the lot, area in right-of-way, area in conservation, and the remaining area. 9. Provide the location name, and right-of-way widths for the adjacent planned road referred to as Maranto Manor Drive. Prior to subdivision approval, a guarantee for its completion will be required. 10. Provide the location and legal reference of all sanitary sewer easements. 11. Remove the building restriction lines shown on the plat that are located within the Woodlands Corridor and Steep Slopes Protection easement. 12. Show the location of all required zoning district buffers on the plat. 13. A statement listing monetary proffers that are required as a result of the conditional zoning approval must be added to the plat. Please address the above comments and re -submit prior to obtaining any approval signatures. I am enclosing a marked copy of the plats for your reference to assist with the revisions. If you have any questions, please feel free to call. Sincerely, I�JV411,11,ht� Rebecca Ragsdale, Planner I R-AR/PTD/cih Enclosure 107 North Kent Street • Winchester, N'irginia 22601-5000 • � FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 17. 2003 Mr. Paul H. Ehrenberg. P.E. "Triad Engineering, Inc. 200 Aviation Drive Winchester. Virginia 22602 Re: Approval of Site Plan #09-03; Home Depot Distribution Center: Entrance Modification Property Identification Numbers (PINs): 76-A-53 Dear Paul: The Frederick County Department of Planning; and Development administratively approved the above - referenced site plan on March 6, 2003. The site plan is a revision of the original site plan for the proposed Home Depot Distribution Center, approved January 29, 2003. This revised site plan is approved for the shifting of the proposed entrance and driveway further away from Front Royal Pike (Route 522 S) in order to provide greater truck stacking distance. No other significant changes are approved with the revised site plan. I am providing you with three copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on- s'te inspection. Do not hesitate to contact me if you have any questions or concerns. Sincerely, Jeremy F. Camp Planner 11 J:. C/kac Attachments CC: mane Anderson. Real Estate 1atrick Barker. Economic Development Commission Harrington Smith, Jr., Shawnee Magisterial District Supervisor e:»: , ohcrt A. Morris, Shawnee District Planning Commissioner William C. Rosenberry, Shawnee District Planning Commissioner ' J,•r,•,nl- Suc• 1'lnn /rrr,ry ?i12; .'lIli+ .irrhm� hlnrnr I h•rl r!+'rr,,,,nU .•lprrn,•,,n Ma r Ned 107 North Kent Street - Winchester, Virginia 22601-5000 TRIAD ENGINEERING, IF. Post Office Box 2397 Winchester, Virginia 22604 (540) 667-9300 FAX (540) 667-2260 TO ♦ c Q� --- �0 WE ARE SENDING YOUY Attached —Shop Drawings Copy of letter LETTtpi OF TRANSMITTAL DATE s _ D 3 ijOB&0*-*,z—z_-ovfi_- ATTENTION: .Ir...j RE: �.., • o Under separate cover via _ Prints SS. _ Plans Change order _ Other The following items: _ Samples _ Specificatio PITS DATE NO. DESCRIPTION MAR 0 5 2003 THESE ARE RANSMITTED as checked below: For approval _ Approved as submitted _ For your use _ Approved as noted As requested Returned for corrections For review and comment Other _ FOR BIDS DUE REMARKS. Resubmit Copies for approval _ Submit Copies for distribution Return Corrected prints 20 PRINTS RETURNED AFTER LOAN TO US COPY TO (./ 1/•H Signed: � _ Paul H. Ehrenberg, P. E. P.O. Box 2397 �:;JAi) Winchester. VA 22604 Phone 540-667-9300 FAX 540-667-2260 February 26, 2003 Mr. Jeremy F. Camp Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Home Depot Distribution Center Eastgate Industrial Development Triad Project No. CD-095 Dear Mr. Camp: We are herewith submitting one (1) set of Approved Site Plan Package Review Comment Forms for your file which reflect the revision to the plans approved on 1/29/03 to show the relocation of the drive entrance approximately 350-foot to the west. Please find enclosed one (1) copy of the Review Forms and/or correspondence from the following Agencies. Frederick Co. Engineering Dept. Comment Form Approval Dated 2/ 25/03 Frederick Co. Fire Marshal Comment Form Approval Dated 2/6/03 Should you have any questions concerning the above, please do not hesitate to contact us at 540-667-9300. 'cry Truly Yours, TRIAD ENGINEERING, INC. Paul H. Ehrenberg Director of Engineering Enclosed: I cCEIVED Cc: Sean O'Brien, IDI FEB 2 6 2003 S.\Woidl'crlect'llume Depot F(*l)PD 2-26-03 submission to Planning Dept muted dncc�\J ci:'i�nce pd c_NT Triad Engineering, Inc. Morgantown • St. Albans Greensburg Hagerstown Winchester • Harrisonburg • Purcellville West Virginia Pennsylvania Maryland Virginia 't• Request For Site Plan Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-6350 Hand deliver to: 107 N. Kent Street First Floor Winchester, VA (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sq. Ft Warehouse Distribution Center to be constructed in two (2) phases (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road Within Eastgate Industrial Park. Shawnee Magisterial District Frederick Count Virginia Fire Marshal's Comments: Date received Incomplete Date reviewed \a \)- Signature and Date Signature and Date (revision) Fire and Rescue Dept use only Date revision received Incomplete Date reviewed �b Date approved Q-L- t�3 nA- Frederick County Fire and Rescue Department Office of the Fire Marshal flan Review and CGomments VIRNIA Control number SP02-0059RR Project Name Home Depot Distribution Center Address P.O.Box 2397 Type Application Site Plan Revision Current Zoning M-1 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Adequate Emergency Vehicle Access Comments Access Comments Date received Date reviewed Date Revised 2/5/2003 2/6/2003 2/4/2003 Applicant Triad Enginerring City State Zip Applicant Phone Winchester VA 22604 540-667-9300 Tax ID Number Fire District Rescue District 76-A-53 11 11 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Additional Comments Revision of entrance does not appear to affect firefighting access. Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By SignaturecvV���� Yes Timothy L. Welsh`i` Title � Request For Site Plan Comments Frederick County Engineerinq Department Mail to: Frederick County Engineering Dept. Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Address: Monarch Tower Suite1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479 4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sa. Ft. Warehouse Distribution Center — to be constructed in two (2) phases. (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Date received % o 3 Incomplete Date reviewed Signature and Date Signature and Date (revision) Fnf-yincerinL7 Department use only Date revision received Date approved 03 Incomplete Date reviewed SITE PLAN APPLICATION Department of Planning and Development Use only. Date application received Application # C^ Complete. Date of acceptance _ Incomplete. Date of return. 1. Project Title: Home Depot Import DirtributionCenter REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST. 2. Location of Property: Rainville Road Eastgate Industrial Park Frederick County, Virginia 3. Property Owner: Eastgate Properties 2800 Shirlington Road Suite 803 Address: Arlington VA 22206 Attn.: Mr. Allan Hudson Telephone: 703 820 2500 4. Applicant/Agent: Industrial Developments International, Inc. Address: Monarch Tower, Suite 1500 3424 Peachtree Road NE Atlanta GA 30326 Telephone: 404 479 4060 5. Designer: Triad Engineering Inc Address: P O Box 2397 Winchester VA 22601 Telephone: (540) 667-9300 Contact: Mr. Paul H. Ehrenberg PE FEB 1 0 2003 6a. Is this a standard or 'minor' site plan? 6b. Is this an original or revised site plan? 7a. Total acreage of parcel to be developed Total acreage of parcel: 8. Property Information: a) Property Identification Number: b) Current Zoning: c) Present Use: d) Proposed Use: c) Adjoining Property Use(s): 0 Adjoining Property Identification Number(s) A-166: 87-(4)-11: 87-(4)-100 87-(4)-9: 87-A-1 g) Magisterial District(s): • Standard Minor Original ✓ Revised 81.86 81.86 Tax Map # 76-A-53 M-1 Vacant Warehousing/Distribution Residential Ay-ricultural, Commercial 76-A-53F• 76-A-530 87-A-35:87-A-31/32: 87- Shawnee I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: ' Date: FEB 1 0 2003 0 0 PROPOSEDMARANTO MANOR DRIVE tR/W VARIES) _------- _ _ r _ 11=4i i� Sketch Plon 1" - 200' 's G FED 1 0 2003 t S'iJliV�"�I` 0 • Site Plan Information Checklist The following information must be included on your site plan. If your site plan is incomplete or is missing information, it will not be reviewed and returned to you for revisions. Administrative Information Y N V/ ....... .......... 1. Name of proposed development. ,/ ......... ........... 2. Name, address, and phone number of owner. ......... ........... 3. Name, address, and phone number of developer. ......... ........... 4. Name, address, and phone number of designer. ......... ........... 5. Certificate of surveyor, engineer, or architect. ......... ........... 6. Date plan prepared and date of revisions. ......... ........... 7. A listing of all conditions placed on the site as a result of a conditional use permit or conditional zoning approval. ......... ........... 8. A space labeled "Approved by the Zoning Administrator" for the approval signature and date of approval. ......... ........... 9. A description of setbacks or conditions placed on the site as a result of a variance approval. (Reference the variance application number.) General Site Information Y N ......... ........... 10. Location map (scale 1:2000) ......... ........... 11. Magisterial District ......... ........... 12. Scale of site plan (not to exceed 1:50) �/ ......... ........... 13. North Arrow ......... ........... 14. Zoning of site ......... ........... 15. Use, zoning, and Property Identification Number (PIN#) of all adjoining properties. This includes properties located across right- of-ways, streams, and railroad tracks. ,/ ......... ........... 16. Surveyed boundaries for all lots and parcels. General Site Lcon 1) Y N ✓......... ... I....... 17. Acreage of all lots included in the plan. ✓ ......... ........... 18. The location and dimensions of all required setbacks and yard areas. ✓ ......... ........... 19. The location and type of all dwelling units. ✓ ......... ........... 20. Location and description of all recreation facilities. ......... ........... 21. Location of sidewalks and pedestrian ways. ......... ........... 22. Location and area of common open space. ✓......... ........... 23. The location, height, and dimensions of all signs. ......... ........... 24. Location, height, and specifications of outdoor lighting fixtures. ......... ........... 25. Location and nature of outdoor storage areas. ......... ........ 26. Location of outdoor trash receptacles and dimensions of structure (fencing, etc.) required to enclose receptacles. Building Information Y N ✓ ......... ........... 27. ✓ ......... ........... 28. ✓ ......... ........... 29. ............ ........... 30. The height of all buildings and structures. Location of all buildings, structures and uses. The proposed use of each building, structure and area. Ground floor area and total floor area of all buildings with FAR calculations for commercial and industrial zoning districts. Roads Y N ......... ........... 31. Name and number of existing and planned streets on and adjoining the site. V/ ......... ........... 32. Location of existing and planned streets on and adjoining the site. ......... ........... 33. Posted speed limit of existing adjacent roads. ......... ........... 34. Location and dimensions of all proposed entrances from public right-of-ways. ......... ........... 35. Location of all entrances on adjoining roads within 200 feet of the proposed or existing entrance. V/ ......... ........... 36. Dimensions, boundaries, width, pavement, and construction of planned roads. Utilities Y N ......... ........... 37. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals. ......... ........... 38. Location and width of all easements, including access, utility, and drainage easements. ......... ........... 39. Location and nature of fire lanes, fire hydrants, and all other facilities necessary to meet Fire Code requirements. Parking Y N /......... ........... 40. Calculations describing the required number of parking and loading spaces. V/ ......... ........... 41. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing and other features to be used. /......... ........... 42. Location and dimension of all disabled parking spaces and ramps. Natural Features Y N ......... ........... 43. Existing and finished contour lines. ............ ........... 44. Location of steep slopes, woodlands, floodplains, wetlands, sinkholes, and other environmental features. ......... ........... 45. Location of streams and drainage ways. Landscaping Y N ............ ........... 46. Landscaping plan describing location and types of plants to be used. ............ ........... 47. Location of required buffers and screening with cross sections or profiles. Erosion and Sediment Control Y N ......... ........... 48. A stormwater management plan with run off calculations and location and description of facilities to be used. ......... ........... 49. Soil erosion and sedimentation control plan describing the location and methods to be used to minimize erosion and sedimentation during development. Request For Site Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation 2275 Northwestern Pike Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach five (5) copies of the site plan with traffic generation data and drainage calculations with this sheet. Applicant's Name: Industrial Developments International Inc. Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sg Ft Warehouse Distribution Center — to be constructed in two (2) phases ( REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road. Within Eastgate Industrial Park Shawnee Magisterial District Frederick Count' Virginia Virginia Department of Transportation's Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) N'DOT use oniv Date revision received Date approved Incomplete -- Date reviewed 200 .s .l '.I, Philip A. Shucet COMMISSIONER WE FROM SUBJECT COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE — Fax Transmittal — Mr. Sean O'Brien GO IDI Monarch Tower Suite 1500 3424 Peachtree Road N.E. Atlanta, GA 30326 Fax #404-479-4001 Ben H. Lineberry, Jr., P.E. (540-984-5605) Home Depot Distribution Center Eastgate Commerce Center Route 522, Front Royal Pike Frederick County JERRYA. COPP RESIDENT ENGINEER TEL (540) 994-5600 FAX (540) 98 4 - 560 7 A VDOT response to a meeting held yesterday (11/21/02) to discuss progress status on the subject project: • The standard Frederick County Site Plan Comment Form for agency review was not included in original site plans submittal to this office. In order to expedite the review process, VDOT released a letter to Triad Engineering on 09/24/02 (copy attached with sketch) to provide for construction entry access to the site via Route 800, Rainville Road. • The first paragraph of the 09/24/02 letter was continued on an addendum to previous VDOT comments dated 11/05/02 (copy attac`.2d), also to Triad Engineering. That letter included all VDOT comments which were appropriate for site plan stage at the time (including Brad Price, P.E.). lVe are providing copies of the above letters to Mr. Jeremy Camp of Frederick County In hopes they will be sufficient support of VDOT's concerns at this stage of development. It is satisfactory to proceed with on site construction at this time. However, as indicated in Item 2d. of our 09/24/02 letter, if connection entrance at Route 522 is approved, all construction must be completed prior to opening site use. We trust this will clarify the VDOT position at this stage of development. if there are any questions, please call. xc: Mr. Dave Heironimus Mr. Paul Ehrenberg Mr. Brad Price Mr. Jeremy Camp (faxed) VirginiaDOT.org Total Pages = 5, including I:U�iU 2003 WE KEEP VIRGINIA MOVING 1-15-03; 4:'OPM; PhiliA. Shucot COMMISSIONER November 5, 2002 IPIAD Engineering ;540 984 5607 a A/ y 10 r (J'U COMMONWEALTH of VIRGINIA Mr. Paul Ehrenberg C/O Triad Engineering P. 0. Box 2397 Winchester, VA 22604 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Home Depot Distribution Center Eastgate Commerce Center Route 522, Front Royal Pike Frederick County Addendum to Previous VDOT Comments Dear Mr. Ehrenberg: JERRYA- COPP RESIDENT ENGINEER TEL (540) 9134-5600 FAX (540) 984-5607 The following comments/recommendations have been generated within VDOT review units and are presented for inclusion into your revision of plans for VDOT road improvements associated with the referenced project. • Plan profile sheets should be provided for Route 522 which reflect the current geometric conditions as well as the proposed additions/improvements to compliment the Home Depot roadway access. Among the items which should be addressed is the drainage runoff from Moranto Manor Drive onto the Route 522 intersection. • The existing turn lanes, tapers and crossover at the proposed intersection of Route 522 and Moranto Manor Drive should be reconstructed following VDOT's Road Design Manual; Minimum Standards of F,ntranccs to State Highways dated September 9, 2002 for the anticipated high volume of truck traffic usage for the road facilities, proposed and existing to be modified. The proposed pavement design should present alternate considerations. o Alternate A) Cemcrit Concrete Structure o Alternate B) Asphalt Concrete Structure for VDOT review and consideration. VDOT standard CG-13 entrances should be provided at the Route 522 intersection with Moranto Manor Drive and the commercial entrance to the Home Depot site from Moranto Manor Drive. VirginiaDOT.org WE KEEP VIRGINIA MOVING w 1 t::-it J t7 J • Mr. Paul Ehrenberg Ref Home Depot Distribution Center November 5, 2002 Page Two • The portion of Moranto Manor Drive being proposed with the site plan should be constructed in accordance with VDOT Geometric Design Standard GS-6. • A note should be affixed to the plan which absolves VDOT from all responsibility from maintenance of all stormwater management detention facilities constructed for this site. • Current unaltered VDOT General Notes numbered V1. through V21. (copy attached) should be displayed on the plan cover sheet. • The Traffic Impact Analysis is currently under review in our offices. It may be prudent to delay a revision of the plan for review pending VDOT comments centering on TIA. Whenever all the above comments have been considered by your office, you may submit two copies of revised plan sheets for road and entrance improvements only to this office for VDOT review. If there are any questions, please call. Sinccr y W 4Y/- YXA+ Barry J. Sweitzer Trans. Roadway Engineer For: Bcn H. Lineberry Trans. Ass't. Resident Engineer BJS/rf Attachment xc: Mr. Sam Clem Mr. David Moms Mr. Brad Pnce Mr. Dave Heironimus cFB 10 200: :. F • 7I Ia1'. 1 r';I COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 24, 2002 Mr. Paul Ehrenberg C/O Triad Engineering P. O. Box 2397 Winchester, VA 22604 Ref Access - Route 800 (Rainville Road), Fredenck County Dear Mr. Ehrenberg: JERRYA. COPP RESIDENT ENGINEER TEL (540) 964-5600 FAX (540) 9"-5607 The Virginia Department of Transportation (VDOT) is interested in finalizing comments in reference to the location of Home Depot within Eastgate Commerce Center. Additional information is forthcoming which will assist in the finalization of the comments. VDOT will comment on the following: 1. Current Route 800 (Rainville Road) is adequate for a construction entry. 2. VDOT can support the use of Route 800 as a construction entry provided the following is agreed to: a. Prior to opening of Home Depot, an approved roadway system must be installed according to VDOT specifications. b. The roadway system could be either the existing Route 800 or the proposed Route 522 intersection. c. If Route 800 is identified as the main access, an examination will be required to identify the suitability of the roadway for the proposed traffic. Also, any proffers specific to the rezoning of the Eastgate Commerce Center may be activated and completed as required. In addition, it is recognized there may he other items required in reference to traffic impact_ d. If the connection to Route 522 is approved, all construction must be completed prior to opening. �e. There will not be any agreements to abandonments, discontinuance of maintenance, etc. on Route 800 until a final design is agreed upon. Should you have any questions, please call. Sincerely, v fomeo an H FC/rf Transportation Assistatesident Engineer ineer 14� xc: I'vir. Dave Heironimus, Mr. Bill Stover, Mr. Sam Clem, Mr. Eric Lawrence, Mr. Allan lSf% ?nn VirginiaDOT.org WE KEEP VIRGINIA MOVING 1 r� . . _ - . s • . rig /16/03 Faxe?i to . Paul Ghrenberg Request For Site Plan Co n is Virginia a artrnent of Transportation .Mail to-, Virginia Department of Transportation Attn- Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5600 Hand deliver to: Virgoia Department of Transportation 2275 Noilliwestern Pike Winchester, VA 22603 (540) 535-18,18 ly as possible in order to assist the Virginia Please fill out the information as accurate Department of Transportation with their review. Please attach fsve ,(5) copies of the situ plat' with traffic generation data and drainage calculations with this sheet. Applicant's Name: Industri-al ional, Inc.. ___ __ _. _- •_ - - _ - Address: Monarch Power. Suite 1500 —r - - -- - 3424 Peachtree Road. NE -- -- -- - Atlanta. GA 3032E Attn-: Mr. Sean O'Brien --- Phone Number. L404) 479-4.06Q Jame of development and/or description of the request: E�JCc ato _�.Rd�stri_al OvioE:menl - Site Plan for 1 008 000 Sq. Ft. Warehouse Distribution Center — to be con phases Location of property: Southerly Terminus of Rainyrile Road Within Ea tcf�tA I-nl'��nl Park Shawnee Magisterial District Frederick County. Virginia Virginia Department of Transportation's comments: See attached corresQQ g�rDm_.___. VDOT: Letter dated 09/24/02 to Triad Engineering, Letter dated 11/05/02 to Triad Engineering, Fax Transmittal dated 11 22/02-,tom Sean O''Brj,Qn w! TDT_ Dnte received DAtc: revision received — Date aprrovo-d incoitlplete tneom let ' Date revicwcd ate we Signature and Date - Si •nature and Dale ( ) a s . es t enE-1'n�i veer -� _� C.4V!1 revision --- FEB 1 0 200 itlltr�. �.r1� "TRIAD ENGINEERING&C. Post Office Box 2397 Wrichester, Virginia 22604 (540) 667-9300 FAX (540) 667-2260/f�, TO �d•rC yr / o_ ZZe��/ WE ARE SENDING YOU-XAttached Shop Drawings Copy of letter Under separate cover via Prints Change order LE R OF TRANS!/ IT A! DATE JJOB NO. ATTENTION: e - . RE: G.n v The following items: _ Plans _ Samples Specificatio 11-NOther � Lt�%'�'LI►/'� l o/401 COPIES DATE NO. DESCRIPTION THESE ARE TR/,PISMI FTED as checked below: For approval XFor your use 4 As requested For review and comment FOR BIDS DUE � ;FMARKS_ -OPY TO Approved as submitted _ Resubmit Copies for approval _ Approved as noted Submit Copies for distribution Returned for corrections _. Return Corrected prints Other 20 PRINTS RETURNED AFTER LOAN TO US Signed: Y�'u! H. Ehrenberg, P.E. ✓ Request For Site Plan Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-6350 Hand deliver to: 107 N. Kent Street First Floor Winchester, VA (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sq. Ft Warehouse Distribution Center — to be constructed in two (2) phases (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road. Within Eastgate Industrial Park. Shawnee Magisterial District Frederick County Virginia Fire Marshal's Comments: L Date received " A`J— Incomplete Date reviewed Signature and Date Signature and Date (revision) Fire and Rescue Dept. use only Date revision received Incomplete Date reviewed n' Date approved c�) _(-,- 0 -4 iiLA c w I x x � ViRGINtA Control number SP02-0059RR Project Name Home Depot Distribution Center Address P.O.Box 2397 Type Application Site Plan Revision Current Zoning M-1 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Adequate Emergency Vehicle Access Comments Access Comments Additional Comments r; Plan Approval Recommended Yes Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 2/5/2003 2/6/2003 2/4/2003 Applicant Triad Enginerring City State Zip Applicant Phone Winchester VA 22604 540-667-9300 Tax ID Number Fire District Rescue District 76-A-53 tt 11 Election District Recommendations Shawnee Automatic Fire Alarm System Residential Sprinkler System Yes No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Fire Lane Required Yes Special Hazards No c� Reviewed By Signature ���~• Vim\ Timothy L. Welsh ^ _ Title FEB 1 0 2003 TRIAD ENGINEERING, A Post Office Box 2397 Winchester, Virginia 22604 (540) 667-9300 FAX (540) 667--2-2-60 1 Aa 4 Jel V_ /* I V ! 4 /10 -?keel, sk WE ARE SENDING YOUR Attached _ Shop Drawings Copy of letter LETTA OF TRANSMITTAL DATE O 3 JOB NO. _ D ATTENTION: G Y C.-.1 RE: o.n r U �P s �-� P T, ri YI✓ S� r•McO L✓ i Tr i 4o 01 L''? v to Under separate cover via Prints X Plans _ Change order _ Other The following items: Samples _ Specificatio COPIES DATE NO. DESCRIPTION S• 4A4,o/ 4 /bn r ri C6 0 TOr.ti GC-�6 ,• r 4r r tn. c -s i� �•`t- 1 O THESE ARE TRANSMITTED as checked below: �C For approval For your use As requested For review and comment _ FOR BIDS DUE Approved as submitted _ Resubmit Copies for approval Approved as noted _ Submit Copies for distribution Returned for corrections Return Corrected prints Other 20 PRINTS RETURNED AFTER LOAN TO US REMARKS. r lw,,o te cW,, S CV 51 ton COPY TO Seo.t O� u�i���► _ Signed: Paul H. Ehrenberg, P.E. • Request For Site Plan Comments Department of Planning and Development Mail to: Hand deliver to: Department of Planning and Development 107 N. Kent Street Attn: County Planner Fourth Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sa. Ft. Warehouse Distribution Center to be constructed in two (2) phases ( REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road Within Eastgate Industrial Park. Shawnee Magisterial District Frederick Counter Virginia Planning and Development's Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Planninu and Develoi)ment use onh• Date revision received Date approved Incomplete Date reviewed 03 • u Request For Site Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Director Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 (540) 868-1061 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc. Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, Ga 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sq. Ft Warehouse Distribution Center — to be constructed in two (2) phases. REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road Within Eastgate Industrial Park. Shawnee Magisterial District Frederick County,Virginia Frederick County Sanitation Authority's Comments: Date received Incomplete Sanitation AuIhority use only Date revision received Incomplete Date approved Date reviewed Date reviewed I" Signature and Date V Signature and Date (revision) rrn 1 • Request For Site Plan Comments Frederick County Infections Department Mail to: Hand deliver to: Frederick County Inspections Department 107 N. Kent Street Attn: Building Official Fourth Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc.. _ Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sg. Ft. Warehouse Distribution Center to be constructed in two (2) phases (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST Location of property: Southerly Terminus of Rainville Road. Within Eastgate Industrial Park. Shawnee Magisterial District Frederick County, Virginia Inspections Department Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Inspections Dept use oniv Date revision received Date approved Incomplete Date reviewed r FEB 10 2003 i I� Pi 11 Request For Site Plan Comments Frederick County Engineering Department Mail to: Hand deliver to: Frederick County Engineering Dept. 107 N. Kent Street Attn: Director of Engineering Fourth Floor 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Winchester, VA (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Address: Monarch Tower Suite1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sg. Ft. Warehouse Distribution Center — to be constructed in two (2) phases (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Engineering Department's Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Enuinccrinu Department use limy Date revision received Date approved Incomplete Date reviewed 2003 • C� Request For Site Plan Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-6350 Hand deliver to: 107 N. Kent Street First Floor Winchester, VA (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc. Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sa. Ft Warehouse Distribution Center — to be constructed in two (2) phases (REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road. Within Eastgate Industrial Park. Shawnee Magisterial District Frederick County Virginia Fire Marshal's Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Fire and Rescue Dept. use onh- Date revision received Date approved Incomplete Date reviewed 2003 • • Request For Site Plan Comments Frederick Count -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street, Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 107 N. Kent Street, Suite 201 Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc Address: Monarch Tower Suite 1500 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastqate Industrial Development — Site Plan for 1 008 000 SQ. Ft. Warehouse Distribution Center — to be constructed in two (2) phases. (REVIISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road Within Eastqate Industrial Park. Shawnee Magsterial District Frederick Countv, Virqinia Health Dept's Comments: Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Health Deal use only Date revision received Date approved Incomplete Date reviewed • • Request For Site Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County Dept. of Parks & Recreation 107 N. Kent Street Attn: Director of Parks & Recreation Second Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5678 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: Industrial Developments International Inc. _ Address: Monarch Tower Suite 1500 — 3424 Peachtree Road NE Atlanta, GA 30326 Attn.: Mr. Sean O'Brien Phone Number: (404) 479-4060 Name of development and/or description of the request: Eastgate Industrial Development — Site Plan for 1,008,000 Sg Ft Warehouse Distribution Center — to be constructed in two (2) phases. REVISION TO PLANS APPROVED 1/29/03 TO SHOW RELOCATION OF DRIVE ENTRANCE APPROXIMATELY 350-FOOT TO THE WEST.) Location of property: Southerly Terminus of Rainville Road Within Eastgate Industrial Park. Shawnee Maqisterial District Frederick County Virginia Parks and Recreation Dept's. comments: Parks and Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Recreation Date revision received Incomplete Date reviewed Mt• use only Date approved FEB 1 0 Please note The site plans associated with this file are located in the library.