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Jabil Circuits CZC 00-056` HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 28R-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-t297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: July 27, 2000 Owner: Jabil Circuits C~ ~ ~~ ~~ S'to ~~ tV~ Address: E Central Drive north of I-84 south of State of Idaho Law Enforcement Facility. west of Locust Grove. Proposed Use: High Tech Manufacturing-Phase 2 Expansion Zoning: I- COMMENTS: Development Agreement: The project is subject to all requirements of the Development Agreement, May 20, 1999 Instrument No. 99050962 for the project. The City's failure to identify all conditions of the Development Agreement in this Certificate of Zoning Compliance does not relieve the owner of responsibility for compliance. Si na e: All signage is subject to design review and requires separate permits. No signage is permitted in ACHD right-of--way. No portable signs or temporary signage permitted (such as A-Frames). The existing wall sign on the south side of the structure may relocated to the similar location on the new addition as long as proper electrical permits are issued through the Building Dept. Parkins: Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 X 19 standard stalls and 25-foot-wide minimum driveways. ADA requires the handicap-accessible stalls to have a striped aisle separate from the stall. The van-accessible handicap parking space must have van-accessible signage per ADA standards. Handicap-Accessibility: The structure and site improvements must be in compliance with all federal handicap-accessibility requirements. Landscapinf;: Based on the total square-footage of new asphalt on site (shown as 184,700 s.f.) 123 new 3"-caliper trees are required by City Ordinance. If the applicant cannot provide the required number of 3" caliper trees and wishes to use smaller trees, standard policy is that 110% of the total caliper-inches required (123 trees X 3 inches X 110% = 406 total caliper- inches) must be provided. The plan shows a total of 400 caliper-inches. Please add 2-3 additional trees to bring the total up to 406 caliper inches. The additional trees must be verified prior to occupancy. Benn/Parking Area: The elevations submitted with the application show that the berm along Locust Grove Road is at least 4-5 feet above the proposed parking area. Applicant shall ensure that construction conforms to proposed elevations. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscaped areas as per sheets L-3.1 and L-3.2. Li htin :Lighting shall not cause glare or impact the traveling public or neighboring development. Drainage: A proposed site drainage plan must be approved by the City Public Works Department prior to construction. Trash Enclosures: All dumpsters must be screened from view and not be visible by the public or from adjacent properties, as per proposed addendum titled, Recycling Bin Screening Fence. The southern-most screening fence must wrap around the west side of the bins as the other two fences do. Provide a letter of approval for the trash enclosure location from Sanitary Services Corp. (SSC) prior to issuance of building permits. Over,~ass/Ri~ht-of--Way: Ada County Highway District has approved a requirement for Jabil to dedicate right-of--way to a total of 75 feet from the centerline of Locust Grove for the future overpass. Submit a copy of the recorded Warranty deed prior to issuance of the building permits. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for Temporary Occupancy. Plan Modifications: The Site Plan/Landscape Plan is not to be altered, except to comply with the comments noted above, without prior written approval of the Planning & Zoning Department. No field changes to the site or landscape plans are permitted; prior written approval of all changes is required. The Site Plans issued 6-27-00 by W&H Pacific and Landscape Plans issued 6-28-00 by Jensen-Belts Associates (both stamped 7-27-00) are approved with the comments noted above. ~• Sari tiles Planning & Zoning Administrator *This letter does not indicate compliance with requirements of other deparhnents/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. ~~ ~ ~ ik Y g +:! q ;~ / o -- 'rt. _._,:. Reeyallnq Bln ScreenMq ?~ w; Fencs 6' Choinik~k With Slots or Other As ~ ~ - Rsqussted by Clty of ~ ~ } Alsrldlon eo ;~ j , ~ ~ ~ s'. --io'sa .. _. a ~ ..... L~, i /_ i f ' / 4 -.... _...~ Recycllnq Bin Screenl~ ~ _ Fence 6' Choinllnk Wi ~ Slots or Other As wed by Clty o! Recycltnq Bin Scrseninq Fence 6' Cholnlink M?th Slots or Other As { Requested by City o/ Alsridion -~ r,.., - . .:j t ~ ~ ~ : ~ ~ -~ ~ 2 ~~ ~ __ ,, ` I; _ j ,, -- ~~ __ -J ~- - - - --~_ r ~o ~o DATE BY REVI_ r. - -- JAB/L C/RCU/ T i MANUFACTURINC3 PLANT _ __- --- ---- - RECYCLING BIN DRAWN BY• JRH DESIGNED BY• MJF ,".,:.,'~. "~".~.°.~- .. CHEQKEO BY• XXX ~,... APPROVED BY: XXX •rrr~r irr ~'~'~ 0 0 SCREENING FENCE o r, ~ ~ ~ Y STATE PROJECT N0. FILE NAME: ~ 06-2423-0001 Ljcefnce.dwg 1/1 PACIFIC 3130 S. Owyhee Street Boise, Idaho 83705 (208) 342-5400 Fax (208) 342-5353 July 24, 2000 Steve Siddoway City of Meridian, Planning and Zoning 200 E. Carlton Ave. Meridian, ID 83642 RE: Jabil Circuit Expansion Project Project Number: 06-2423-0001 Information Request Steve: I believe we have addressed all of your issues for zoning compliance with the following list. 1. I appreciate the clear distinction between transplanted trees and new trees (Thant: you). Transplanted trees have already been used to meet the requirement for Phase 1 and cannot be counted again toward Phase 2. See Jensen Belts Drawings 2. Please submit calculations for the square footage of new asphalt and the total caliper-inches of new trees to show compliance with "110% rule". See Letter from Eric Jensen 3. I will need to lrnow elevations of the parking lot (especially along the east side) and actual berm elevations to determine compliance with the berm requirement of the project along the eastern boundary. The berm was not constructed to the elevations shown on the plan. See attached 8 '/s X 11 drawing indicating existing top of berm and asphalt grades 4. The plans do not account for the dedication ofright-of--way for the Locust Grove overpass. The plans will need to be modified to accommodate the overpass right-of--way. Submit a recorded Warranty Deed for the dedicated right-of--way. See previous ACRD & ITD information ~. We need some information about the dumpsters neaz the loading docks-how many will remain permanently, proposed screening enclosures, etc. See Attached 8 '/z X 11 Sketch showing proposed 6-foot chain lint: fencing with slats. Please comment on the acceptability. 6. What is the new pad site neaz the pump house? I am assuming it is the relocated sports court. Civil Engineering Structural Engineering Surveying Planning 07/24/00 2 Sports court is correct. 7. None of the new pazking appeazs to behandicap-accessible. Please verify that you are in compliance with federal standazds/ADA. Submit new pazking talcs based on building square footage to show compliance with City ordinance. Parking Count Proposed 323 Existing 687 Van Accessible 9 Accessible 14 Total 1,033 ADA Required 21 Accessible including 3 Van Accessible Provided 23 Including 9 Van Accessible 8. When you aze ready to submit for a Certificate of Zoning Compliance (CZC), we will need 3 copies of the site plan (you submitted 2 of this draft); the appropriate calculations for new building squaze footage, pazking, and landscaping; and an ACHD approval letter. See Attached ACHD Letter and Staff Report. You have already received the additional site plans. Existing Building Proposed Expansion Total 170,000 Square Feet 153,592 Squaze Feet 323,592 Square Feet If you have any questions or comments please do not hesitate to call Sincerely, W&H PACIFIC, INC. r Michael us , P.E. Project Manager Enclosures CC: Russell Gazcia, GMA Design Group w/encls. Creative Solutions ... Superior Service :• PACIFIC 3130 S. Owyhee Street Boise, ID 83705 To: Steve Siddoway Company: City of Meridian Address: 200 E.Carlton Ave City/State: Meridian, ID 83642 TeUFas #s: ^ FAX ® TRANSMITTAL Date: 7/12/2000 Project Number: 06-2423-0001 Project Name: Jabil Circuit Expansion Regarding: ACRD Information From: Michael Fuss ,~ Phone No. (208) 342-5400 Faz No. (208) 342-5353 Confidentiality Notice: This facsimile is intended only for the use of the individual and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employ or agent responsible for delivering the message to the intended recipient, you are hereby notified that the unauthorized dissemination, distribution or copying of this communication, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you have received this facsimile in error, please notify us immediately by telephone (collect). Thank you. We are Sending: ® Attached ^ Facsimile _# of Pages Including Cover These Are Transmitted: Copied To: ^ For Your Info/File Russell Garcia, GMA Design Group w/oatt. ^ As Requested ® For Review & Comment Copies Description 1 ACRD Draft Staff Report 1 Ri ht-of-wa Descri tion and other documents required b and submitted to ACRD 1 Letter to ITD regarding site review with attachments Comments: We have completed the documents necessary for the Locust Grove right-of--way and it is now up to ACRD to complete their portion of the documents. We are in agreement with the staff report but the project cannot be presented to the ACRD Commission until July 19th due to lack of quamun on the 12th. We believe we have complied with the requirements of ACRD as outlined in their staff report and request release of a building permit for the Jabil Expansion Project. If we can be of any further assistance or you need any further information to assist you with the building permit application please do not hesitate to contact us. Civil & Structural Engineering • Landscape Architecture • Em~ironmental Services Planning • Surveying and Mapping Idaho • Washington • Oregon Creative Solutions ... Superior Service :• PACIFIC 3130 S. Owyhee Street ~ FAX Boise, ID 83705 ®TRANSMITTAL To: Christy Richardson Company: Ada County Highway Dist. Address: 318 East 37th Street City/State: Boise, ID 83714 Tel/Fag #s: Date: 7/12/2000 Project Number: 06-2423-0001 Project Name: Jabil Circuit Expansion Regarding: Right-of-way From• Michael Fuss %~;~% ConBdentiaflty Notice: This facsimile is intended.only for the use of the individual and exempt from disclosure under applicable law. If the reader of this message is not the Phone No. (208) 342-5400 intended recipient or the employ or agent responsible for delivering the message to the intended recipient, you are hereby notified that the unauthorized dissemination, Fag NO. (208) 342-5353 distribution or copying of this communication, or the taking of any action in reliance on the conterns of this information, is strictly prohibited. Lf you have received this facsimile in error, please notify us immediately by telephone (collect). Thank you. We are Sending: ® Attached ^ Facsimile _# of Pages Including Cover These Are Transmitted: ^ For Your hifo/File ® As Requested ^ For Review & Comment Copied To: Russell Garcia. GMA Design Group w/oAtt. Citv of Meridian w/attachments Copies Description 1 Legal description for additional right-of--way 1 Sketch of le al descri tion 1 Purchase and Sale Agreement 1 Warranty Deed 1 Closing Statement Comments: The contact person and address for Jabil Circuit is Bill Andre, Corporate Properties Manager. Jabil Circuit, Inc., 10560 9th St. North, St. Petersburg, Florida 33716. Phone:727-577-9749 / Fa 727-803-679 E- mail:bill andre@jabil.com. The total acreage purchased 56.32 acres from ALTA survey attached (Net Usable Area was 52.87 acres (2,302,983 Square feet) as seen on item 9 of the purchase and sale agreement). We have also attached a copy of the submittal letter to Michael Ganz, P.E. with ITD to fulliill your requests. We assume Jabil will be compensated for the value of the property within the additional right-of--way area through impact fee credits or other equitable means. If you need any further information please do not hesitate to contact Mr. Andre or myself. Civil & Structural Engineering • Landscape Architecture • Environmental Services Planning • Surveying and Mapping Idaho • Washington • Oregon PACIFIC 3130 S. Owyhee Street Boise, Idaho 83705 (208) 342-5400 Fax (208) 342-5353 LEGAL DESCRIPTION FOR ADDITIONAL RIGHT-OF-WAY ON LOCUST GROVE ROAD FOR JABIL CIRCUIT. MERIDIAN. IDAHO A parcel of land located in the Southeast '/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the center of said Section 18, thence S 0° 27'58" W a distance of 1325.42 feet to the Southwest corner of the NW '/4 of the SE '/< of said Section 18; thence N 89° 3 8' 18" E a distance of 1325.29 feet to the Southwest corner of the NE '/4 of the SE '/4 of said Section 18, thence S 0° 29'41" W along the West line of the SE '/4 of the SE '/4 of Section 18 a distance of 49.74 feet to the North Right-of- Way Line of I-84, thence S 89° 33' 18" E along said North line a distance of 214.01 feet, thence N 84° 33'33" E along said North line a distance of 200.89 feet, thence S 89° 32'33" E along said North line a distance of 911.28 feet to the East line of the SE '/4 of said Section 18, also being the center of Locust Grove Road and the Point of Beginning; Thence N 0° 31' 12" E along said East line a distance of 264.80 feet to a point on the centerline of the Hunter Lateral, thence N 52° 44' 13" W along said centerline a distance 26.00 feet, thence N 42° 26' 19" W along said centerline a distance of 79.48 feet, thence leaving the Hunter Lateral S 0° 31' 12" W a distance of 338.61 feet to the North line of I-84, thence S 89° 32'33" E along said North line a distance of 75.00 feet to the Point of Beginning; containing 0.51 acre, more or less. Civil Engineering Structural Engineering Surveying Planning i ~z- - I _o .o W ~o ~ 3.II.tE.00N N n W _. .... .. ___ f --- ~ -... .. ~D~ N '~ O ... ._ .. _ _ _ ~ N _. ._ _.' ... ........ '._.. ~ .. .. m / N -. _ _. ~ r„' 3.A.IE.OON ~ ~ ~ -- -- i ~ 0 0 N 0 1 W ~ J Q O r ^~ v J O O O ~~ ^~ C ~~ ~.. _ U Z s February 11, 1999 William V. Andre Co=porate Properties Manager 10800 Roosevelt 81vd. St . Petersburg, F'L 33716 Dear Mz. Andre: Ue are the Sellers under that cerircuiturlncsg(Jabil)lasABuyerefozbthat and between ourselves and Jabil C certain real property described on Exhibit "A" attached hezeto. Exception No. 7 to the ALTA title insurance commitment dated Januazy 12, 1999 refezs to a certain essetaent of recozd which appeazs to relate to 9 Mile Dra~.n prior to its relocation duxing 1998. The said "easement" We describes the location. of the 9 Mile Drain prior to its relocation. agree to take such action as may be reaeonsbly necessary to cause the said Easement and the location of 9 M21e Drain as it appears of reeozd to coincide with the actual location of the. relocated 9 M~.le Drain. Further zre agree to indemnify and hold Jabil harmless from say costs or damage arising from any ambinuity relating to the location of any recorded easement for the 9 Mile Drain which fails to accurately reflect only the location of the 9 Mile Drain as it actually exists as relocated. Ver~y~T/ruly Yours, U WilLi'~t A. Hon ~ , Rnland Z• W11.liam E. Norris. Trustee TOTAL P.02 FYRST AMENDMENT TO PURGI•IAiSE A1VD SAYE AGTtEE)titENT COLLIERS PARAGON, TNC. Meridian, Idaho This First Acnendrnent to Purchase and Sale Agreement is made this 28'" day of January, 1999 by and between Jabil Circuit, Inc., (hereinafter called "Buyer") and William A. Hon, a married man and Roland L. Hon a married man and William E. Norris a~ married man, all as tenants in common (hereinafter called "Senor"). REC)r'I'AL.$ A. Buyer and Seller have entered into that certain Purcbasc and Sale Agreement dated November 24,1998 (hereinafter called "Agreement"). B. Buyer has provided an Earnest Money Deposit in the amount of Fifty Thousand Dollars ($50,000.00) to the Closing Agency as specifies in the Agreement. C. Buyer and Seller wish to enter into this fiirst Amendment to Purchaso and Sale Agreement for the purposes of extending certain dates in the Agreement and removing certain conditions in the Agreement. TERMS RECITALS. The above recitals are true, correct and incorporated herein by this reference. 2. TERI`4S. All undefined capitalized terms herein shall have the same meanings as defined in the Agreement. ADD[TIO1\'AL TBItMS, CONDITIONS AND CONTINGENCIES. The Satisfaction Date shall be extended to Pebniary S, l 999; 4. CLOSING DATE. The Closing shall be extended to the oarlier of rebruary 18, 1999 or within ten (10} days of The Satisfaction Date. S. MATERIALS PILE. The large materials pile at the southwest corner of the sits will not be removed by the Seller as otherwise stated in Suction 2 of the Additional Provisions attached to t11e Agreement. 6. TITLE INSURANCE. Buyer hereby acknowledges receipt of a property title commitment as specified in Scciion 8 of the agreement. Buyer has no objection to any exceptions to title listod in the title commitment. CONDITIONAL USE PERMIT. The condition specified i~a Section 4 of tl~e Additional Provisions attached to the Agreement relatins to the satisfactory approval by the City of ivleridien, end any other necessary governmental entity, of Buyer's plans to develop the Premises is hereby removed. 8. ENVIRONMENTAL INSPECTION. The condition specified in Seotion 5 of the Additional Provisions attached to the Agreement relating to tlu= satisfactory environmental inspection of the Premises by the Buyer. at the Buyer's sole expense is hereby removed. 4. TOTAL PURCHASE PRICE. The Net Usable Area of the premises has been determined to be 52.87 acres (2,302,983 square feet) as prescribed in the Price Offering attached to the Agreement. As such the Total Purchase Price shalt be Five Million Seven Hundred and Fifry Seven Thousand Four Hundred Fifty Seven hollers and Filly Cents ($5,757,457.50). 10. ESCROW ~'VITHHOLD. At the tune of closing, Buyer and Seller agree to enter into an bserow Agreement for the purpose of escrowing funds with Pioneer Title Company in the amount of 1~our Hundred Fifty Seven Thousand Three Hundred Thirty Six Dollars ($457,336,00) from Sellers' not proceeds to ensure the completion of E. Central Drive and the extension of appropriate utilities. Escrow holder shall pay invoices presented to it from Seller, which have been approved by Seller ead Buyer. This escrow account shall be used in place of the bond mentioned in Section 1 of the Additional Provisions of this Agreement. 11. PRORATION. In regard to Section 9 of the Purchase and Sale Agreement, all property taxes and "'~ ~~" ~~~ ~` ~ Nampa Meridian Irrigation District grater assessments shall be prorated as of February 1, 1944. ~° j ' . THIS IS A LEGALLY BINDING AGREEMENT. PRIOR TO SIGNING THIS AGREEMENT, BUYER AND SELLER ARE ADVISED TO SEEK. THE ADVISE OF COMPETENT L1;GAL COUNSEL. WRITTEN INPOR1vf.ATION PRO`.rIDED BROKER IS BE1;.IEV>/D TO BE REI/IABLE BUT II~'DEPENDENT V FICATION BY S ~ ULD BE UNDERTAKEN. Seiler: ~ - Witness: Print Name: W t ~--t~ ~ti ~-. ~-~ o ~ Seller: ~i~Gy~~ t • ~~as~xo Witness: Print Name: ~/,1/~_e», E./t~i~~s ,' Seller:. ,cfi v~~ ~. ~~~1-VS'itness; Print Name: h o C ~ ti/ d ~ ltd ~/ /~ )/ ~ Buyer: ~Y~-~ / ~ ~..,~~ Witness: Print Name: !g/~~/~A~ !/ ~~ N~~~ J ~!0 ASSIGNMENT AGREEMENT FOR RELINQUISHED PROPERTY 1031-2388 THIS ASSIGNMENT is made and entered into as of January 14, 1999 by and between ROLAND L. HON as to an undivided 1/8 interest in the property legally described in this Assignment Agreement (hereinafter referred to as "Assignor"), WILLIAM A. HON as to an undivided 3/4 interest in the property legally described in this Assignment Agreement, and WILLIAM E. NORRIS as to an individual 1/8 interest in the property legally described in this Assignment Agreement (hereinafter known as the "Acknowledging Parties"), PIONEER 1031 COMPANY, an Idaho corporation (hereinafter "Assignee") and Jabil Circuit, Inc. (hereinafter "Consenting Parry"). RECITALS: WHEREAS, Assignor and Consenting Party have entered into that certain Sale Contract/Purchase Agreement dated (hereinafter "Purchase Agreement"), a copy of which is attached as Exhibit "A" wherein Assignor agreed to transfer an undivided 1/8 interest in and to that certain real property legally described as: See attached legal Description commonly known as: Parcels A & B SE 1/4 S 18, T3N R1E BM, Ada County, Idaho (hereinafter "Relinquished Property") to Consenting Party; and WHEREAS, Assignor desires to effect a tax deferred exchange of the Relinquished Property for other property or properties of like kind pursuant to and in accordance with Section 1031 of the Internal Revenue Code, and the Treasury regulations promulgated thereunder; and WHEREAS, Assignor wishes to be relieved of the obligation to so dispose of the Relinquished Property under the Purchase Agreement and substitute Assignee in place of Assignor under the Purchase Agreement to allow Assignee to complete the transfer of the ASSIGNMENT AGREEMENT -- Page 1 NOW, THEREFORE, the parties mutually agree as follows: 1. Assignor hereby assigns to Assignee all of their rights and interest in the Purchase Agreement for purposes of a 1031 exchange and Consenting Party does hereby consent to such Assignment, acknowledging, however that such consent does not relieve Assignor from any and all of the obligations under the Purchase Agreement. Assignee hereby assumes all of such rights and interest in the Purchase Agreement. The Purchase Agreement is hereby assigned in accordance with the terms hereof. 2. Assignee's obligation to close escrow and assume the rights and interest of Assignor under the Purchase Agreement is conditioned upon the satisfaction of the following conditions, prior to close of escrow for the transfer of the Relinquished Property to Assignee: A. Review and approval by Assignee of the Seller's Escrow Instructions and any other documents related to the transaction. B. The execution of all escrow closing documents by the Assignor and Consenting Party prior to the conveyance of the Relinquished Property pursuant to the provisions of an Exchange Agreement between Assignee and Assignor. 3. Notwithstanding the foregoing, in the event the escrow for the transfer of the Relinquished Property to Consenting Party from Assignee does not close on or before the date set for close of escrow in the Purchase Agreement, unless such date is extended by written agreement of the parties hereto, this Assignment Agreement shall be null and void and the Purchase Agreement shall be reinstated in full force and effect between Assignor and Consenting Party without any further obligation or liability on the part of Assignee. 4. Consenting Party acknowledges that Assignee has not made any warranties or representations of any kind with regard to the Relinquished Property and Consenting Party is not relying on any representations or information provided by Assignee and that any warranties or representations asmade in the Purchase Agreement or otherwise shall be deemed to be made directly by Assignor to Consenting Party and all rights or remedies arising from a breach thereof shall be enforced directly against Assignor. ASSIGNMENT AGREEMENT -- Page 2 5. Assignor is aware that Pioneer 1031 Company is affiliated with Pioneer Title Company, whose services may be used in connection with this transaction or transactions. 6. This Agreement may be executed in counterparts and shall be of the same force and effect as if one document had been signed by all parties. IN WITNESS WI-~REOF, the parties hereto have set their hands. ASSIGNEE: PIO 1031 COMPANY, AN IDAHO CORPORATION / ,/ G BY: DATE (- ~r l ROBERT E. ONNEN, SENIOR VICE PRESIDENT ASSIGNOR(S): ~p ~C - ~~ DATE ROLAND L. HON CONSENTING PARTY(S): JABIL CIRCUIT, INC. BY: ~.~„O~.c~-~,~.~~-,~1~, DATE _ /~ ~ ACKNOWLEDGING PAR'I'Y(S): ' DATE ~ ~' .~aa Q ~ WILLIAM A. HON II r - / l~ DATE WILLIAM E. NORRIS ASSIGNMENT AGREEMENT -- Page 3 ASSIGNMENT AGREEMENT FOR RELINQUISHED PROPERTY 1031-2387 THIS ASSIGNMENT is made and entered into as of January 13, 1999 by and between WII.,LIAM A. HON as to an undivided 3/4 interest in the property legally described in this Assignment Agreement (hereinafter referred to as "Assignor"), ROLAND L. HON as to an undivided 1/8 interest in the properly legally described in this Assignment Agreement, and WII.,LIAM E. NORRIS as to an undivided 1/8 interest in the property legally described in this Assignment Agreement (hereinafter known as the "Acknowledging Parties"), PIONEER 1031 COMPANY, an Idaho corporation (hereinafter "Assignee") and JABIL CIRCUIT, INC. (hereinafter "Consenting Party"). RECITALS WI~REAS, Assignor and Consenting Party have entered into that certain Sale Contract/Purchase Agreement dated November 24, 1998 (hereinafter "Purchase Agreement"), a copy of which is attached as Exhibit "A" wherein Assignor agreed to transfer an undivided 3/4 interest in and to that certain real property legally described as: See attached legal description commonly known as: Parcel A & B SE 1/4, S 18 T3N RlE, BM, Ada County, Idaho (hereinafter "Relinquished Property") to Consenting Party; and WHEREAS, Assignor desires to effect a tax deferred exchange of the Relinquished Property for other property or properties of like kind pursuant to and in accordance with Section 1031 of the Internal Revenue Code, and the Treasury regulations promulgated thereunder; and WHEREAS, Assignor wishes to be relieved of the obligation to so dispose of the Relinquished Property under the Purchase Agreement and substitute Assignee in place of Assignor under the Purchase Agreement to allow Assignee to complete the transfer of the Relinquished Property as part of an integrated, interdependent transaction between Assignor and Assignee. ASSIGNMENT AGREEMENT -- Page 1 NOW, THEREFORE, the parties mutually agree as follows: 1. Assignor hereby assigns to Assignee all of their rights and interest in the Purchase Agreement for purposes of a 1031 exchange and Consenting Party does hereby consent to such Assignment, acknowledging, however that such consent does not relieve Assignor from any and all of the obligations under the Purchase Agreement. Assignee hereby assumes all of such rights and interest in the Purchase Agreement. The Purchase Agreement is hereby assigned in accordance with the terms hereof. 2. Assignee's obligation to close escrow and assume the rights and interest of Assignor under the Purchase Agreement is conditioned upon the satisfaction of the following conditions, prior to close of escrow for the transfer of the Relinquished Properly to Assignee: A. Review and approval by Assignee of the Seller's Escrow Instructions and any other documents related to the transaction. B. The execution of all escrow closing documents by the Assignor and Consenting Party prior to the conveyance of the Relinquished Property pursuant to the provisions of an Exchange Agreement between Assignee and Assignor. 3. Notwithstanding the foregoing, in the event the escrow for the transfer of the Relinquished Property to Consenting Parry from Assignee does not close on or before the date set for close of escrow in the Purchase Agreement, unless such date is extended by written agreement of the parties hereto, this Assignment Agreement shall be null and void and the Purchase Agreement shall be reinstated in full force and effect between Assignor and Consenting Party without any further obligation or liability on the part of Assignee. 4. Consenting Party acknowledges that Assignee has not made any warranties or representations of any kind with regard to the Relinquished Properly and Consenting Party is not relying on any representations or information provided by Assignee and that any warranties or representations asmade in the Purchase Agreement or otherwise shall be deemed to be made directly by Assignor to Consenting Party and all rights or remedies arising from a breach thereof shall be enforced directly against Assignor. ASSIGNMENT AGREEMENT -- Page 2 5. Assignor is aware that Pioneer 1031 Company is affiliated with Pioneer Title Company, whose services may be used in connection with this transaction or transactions. 6. This Agreement may be executed in counterparts and shall be of the same force and effect as if one document had been signed by all parties. IN WITNESS WHEREOF, the parties hereto have set their hands. ASSIGNEE: PIO ER 1031 COIMPANY, AN IDAHO CORPORATION / C~ BY: ,v.X 't.vt.~~ DATE l l ~ ~ 1 ROBERT E. ONNEN, SENIOR VICE PRESIDENT ASSIGNOR(S): '~ , . ~~ , ~ DATE Z .~ WILLIAM A. HON CONSENTING PARTY(S): JABIL CIRCUIT, INC. BY: ..~~~-.--v ,/' , ~ DATE l~ 9 ,. ACKNOWLEDGING PARTY(S): ROLAND L. HON WILLIAM E. NORRIS DATE DATE _~~~~~ ASSIGNMENT AGREEMENT -- Page 3 FILE NO.: P175377 EXHIBIT A PARCEL A: A PARCEL OF LAND LYING IN TFIE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, THENCE SOUTH 00 DEGREE 27'58" WEST, 386.08 FEET ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG A CURVE TO THE LEFT 66.01 FEET, SAID CURVE HAVING A RADIUS OF 95.00 FEET, TANGENTS OF 34.40 FEET, A CENTRAL ANGLE OF 39 DEGREES 48'41", AND A LONG CHORD BEARING SOUTH 64 DEGREES 48'36" EAST, 64.69 FEET TO A POINT; THENCE NORTH 87 DEGREES 03'28" EAST, 100.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 39'33" EAST, 1167.11 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH 00 DEGREE 29'35" WEST, 915.52 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH OO DEGREE 29'41" WEST, 49.74 FEET ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF I-84; THENCE NORTH 89 DEGREES 33'18" WEST, 440.26 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF I-84 TO A POINT ON THE CENTERLINE OF THE NINE MILE LATERAL; THENCE NORTH 28 DEGREES 43'02" WEST. 49.47 FEET ALONG THE CENTERLINE OF THE NINE MILE LATERAL TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 38'18" WEST. 860.84 FEET ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE NORTH 00 DEGREE 27'58" EAST, 939.34 FEET ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL B: A PARCEL OF LAND LYING THE SOUTHEAST 1/4 OF SECTION 18 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, THENCE SOUTH 00 DEGREE 27'58" WEST, 1325.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18, THENCE NORTH 89 DEGREES 38'18" EAST, 1325.29 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 00 DEGREE 29'35" EAST, 915.52 FEET ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO A POINT; THENCE NORTH 89 DEGREES 39'33" EAST, 451.39 FEET TO A POINT; THENCE LEGAL CONTINUED ,.LEGAL PAGE 2 ALONG A CURVE TO THE RIGHT 37.04 FEET, SAID CURVE HAVING A RADIUS TO 148.00 FEET, TANGENTS OF 18.62 FEET, A CENTRAL ANGLE OF 14 DEGREES 20'27" AND A LONG CHORD BEARING SOUTH 83 DEGREES 10'13" EAST, 36.95 FEET TO A POINT; THENCE SOUTH 76 DEGREES 00'00" EAST, 355.45 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 54.79 FEET, SAID CURVE HAVING A RADIUS OF 212.00 FEET, TANGENTS OF 27.55 FEET, A CENTRAL ANGLE OF 14 DEGREES 48'32" AND A LONG CHORD BEARING SOUTH 83 DEGREES 24'16" EAST, 54.64 FEET TO A POINT; THENCE NORTH 89 DEGREES 11'28" EAST, 27.07 FEET TO A POINT ON THE CENTERLINE OF THE HUNTER LATERAL; ALONG THE CENTERLINE OF THE HUNTER LATERAL THE FOLLOWING; THENCE SOUTH 23 DEGREES 44'13" EAST, 105.47 FEET TO A POINT; THENCE SOUTH 32 DEGREES 26'13" EAST, 227.50 FEET TO A POINT; THENCE SOUTH 35 DEGREES 10'55" EAST, 277.80 FEET TO A POINT; THENCE SOUTH 42 DEGREES 26'19" EAST, 88.60 FEET TO A POINT; THENCE SOUTH 52 DEGREES 44'13" EAST, 26.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 18; LEAVING THE CENTERLINE OF THE HUNTER LATERAL; THENCE SOUTH 00 DEGREE 31'12" WEST, 264.80 FEET. ALONG THE EAST LINE OF THE SOUTHEAST. 1/4 TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF I-84; ALONG THE .NORTH RIGHT-OF-WAY LINE OF I-84 THE FOLLOWING; THENCE NORTH 89 DEGREES 32'33" WEST, 911.28 FEET TO A POINT; THENCE SOUTH 84 DEGREES 33'33" WEST, 200.89 FEET TO A POINT; THENCE NORTH 89 DEGREES 33'1$" WEST, 214.01 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREE 29'41" EAST, 49.74 FEET ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST /14 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL C: A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, THENCE SOUTH 00 DEGREE 27'58" WEST, 359.42 FEET TO A POINT; THENCE NORTH 89 DEGREES 39'33" EAST, 58.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREE 20'27" EAST, 54.54 FEET TO A POINT; THENCE NORTH 87 DEGREES 03'28" EAST, 100.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 39'33" EAST, 1618.50 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT 37.04 FEET, SAID CURVE HAVING A RADIUS OF 148.00 FEET, TANGENTS OF 18.62 FEET, A CENTRAL ANGLE OF 14 DEGREES 20'27" AND A LONG CHORD BEARING SOUTH 83 DEGREES 10'13" EAST, 36.95 FEET TO A POINT; THENCE SOUTH 76 DEGREES 00'00" EAST, 355.45 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 54.79 FEET; SAID CURVE HAVING A RADIUS OF 212.00 FEET, TANGENTS OF 27.55 FEET, A CENTRAL ANGLE OF 14 DEGREES 48'32" AND A LONG CHORD BEARING SOUTH 83 DEGREES 24'16" EAST, 54.64 FEET TO A POINT; THENCE LEGAL CONTINUED ,• LEGAL PAGE 3 NORTH 89 DEGREES 11'28" EAST, 27.07 FEET TO A POINT ON THE CENTERLINE OF ~ THE HUNTER LATERAL; THENCE NORTH 23 DEGREES 44'13" WEST, 7.60 FEET ALONG THE CENTERLINE OF THE HUNTER LATERAL TO A POINT; THENCE NORTH 89 DEGREES 11'28" EAST, 413.65 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREE 31'12" EAST, 50.01 FEET ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO A POINT; THENCE SOUTH 89 DEGREES 11'28" WEST, 435.96 FEET TO A POINT ON THE CENTERLINE OF THE HUNTER LATERAL; THENCE NORTH 23 DEGREES 44'13" WEST, 100.50 FEET ALONG THE CENTERLINE OF THE HUNTER LATERAL TO A POINT; THENCE SOUTH 89 DEGREES 39'33" WEST, 2116.27 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. END OF LEGAL DESCRIPTION • , February 11, 1999 William V. Andre Corporate Properties Manager 10800 Roosevelt 81vd. St. Petersburg, FL 33716 Dear Mr. Andre: We are the Sellers under that certain Purchase and Sale Agreement by and between ourselves .and Jabil Circuit, Inc. (Jabil) es Buyer .f or that certain real property described on Exhibit "A" attached hereto. Exception No. 7 to the ALTA title insurance commitment dated ,Tanuazy 12, 1999 refers to a certain easement of record which appears to relate to 9 Mile Drain prior to its relocation dazing 1998.. The said "easement" describes the location oon asema Mbeereaeonsblyoneeessaryrtoocausenthewsaid agree to take such acts y Easement and the location of 9 Mile Drain as it appears of record to coincide with the actual location of the relocated 9 M~.le Drain. ~rurthez ue agree to indemnify and hold Jabil harmless from any costs oz damage arising from any ambiguity relating to the location of any recorded easement for the 9 Mile Drain which fails to accurately reflect only the location of the 9 Mile Drain as it actually exists as relocated. Very Truly Xours, ~~_~~, Wile A• .Hon William E. Norris, Trustee TOTAL P.02 FYItST AMENDMENT TO PURCIiASE AND SALE AGYtEEIti;(ENT COLLIERS PARAGON, INC. Meridian, Idaho This First Amendment to Purchase and Sale Agreement is made this 28'" day of January, 1999 by and between Jabi1 Circuit, Inc., (hereinafter called "Buyer") and William A. Hon, a married man and Roland L. Hon s married man and ~Villiam E. Norris a~ married man, all as unants in colnn,on (hereinafter called "Seller"). It)CCI"I'A)V8 A. Buyer and Seller have entered into that certain Purchase and Sale Agreement dated November 2q, I998 (hereinafter called "Agreement"). B. Buyer has provided an Earnest Money Deposit in the amount of Fifty Thousand Dollars (S50,000.00) to the Closing Agency as specifies in the Agreement. C. Buyer and Seller wish to enter into this fiirst Amendment to Purchaso and Sale Agroement for the purposes of extending certain dates in the Agreement and removing certain conditions in the Agreement. TERMS 1. RIrCITALS. The above recitals are true, correct and incorporated herein by this reference. 2. TERR4S. All undefined capitalized tenns Herein shall have the same nteattings as defined in the Agreement 3. ADD[T10NAL TERMS, CONDITJONS AND CONTINGENCIES. Tlie Satisfaction Date shall be extended to Febntary 5, l 999; 4. CLOSING DATE. The Closing shall be extended to the oarlier of I'abruary 18, 1999 or within ten (10) days of The Satisfaction Date. S. MATERIALS PILE. The large materials pile at the southwest corner of the sits will not be removed by the Seller as otherwise stated in Suction 2 of the Additional Provisions attached to the Agreement. 6. TITLE INSURANCE. Buyer hereby acknowledges receipt of a property title comtitment as specified in Section 8 of the agreement. Buyer has no objection to any exceptions to title listod in the title commitment. 7. CONDITIONAL USE PERMIT. The condition specified i» Section 4 of the Additional Provisions attached to the Agreement relating to the satisfactory approval by the City of Meridian, and any other necessary governmental entity, of Buyer's plans to develop the Premises is hereby removed. 8. ENVIRONMENTAL INSPECTION. The condition specified in Seotiou 5 of the Additional Provisions attached to the Agreement relating to the satisfactory environmental inspection of the Prt'mises by the Buyer. at the Buyer's sole expense is hereby removed. 9. TOTAL PURCHASE PRICIS. The Net Usable Area of the premises has been determined to be 52.87 acres (2,30?,983 square feet) as prescribed in the Price Offering attached to the Agreement. As such the Total Purchase Price shall be Five Million Seven Hundred and Fifty Seven Thousand Four 1~Iundred Fifty Seven Dollars and Fifty Cents ($5,757,457.50). 10. ESCROW ~'VITHHOLD. At the tune of closing, Buyer and Seller agree to eater into an Escrow Agreement for.the purpose of escrowing funds with Pioneer Title Company in the amount of Four Hundred nifty Seven Thousand Three Hundred Thirty Six Dollars ($457,336,t)p) from Scllcrs' not proceeds to ensure the completion of E. Central Drive and the extension of appropriate utilities. Escrow holder shall pay invoices presented to it from Seller, which have betn approved by Seller and Buyer. This escrow accotu~t shell be used in place of the bond mentio~ted in Section 1 of the Additional Provisions of this Agreement. 1 ? . PRORATION. In rdgard to Section 9 of the Purchase and Sale Agreement, all property taxes and L 1~~~.' ~~~~^ Nampa Meridian Irrigation District water assessments shall be prorated as of February 1, 1999. ,..,.~..:~,::... 12. ' ! /o ~'' ; ~ . THIS IS A LEGALLY BINDING AGREEMENT. PRIOR TO SIGT\7NG TH1S AGREEMENT, BUYER AND SELLER ARE ADVISED TO SEE1G THE ADVISE OF COMPETENT LEGAL COC1NSIrL. WRITTEN INPOR.M{.ATION PRO:~IDBD BROKER IS DELIEV1rD TO BE RELIABLE BUT Il~'DEPBNDENT V FICATION BY S ~ ULD BE UNDERTAKEN. Seiler: ~ Witness: Print Name: W t 1-t~ ~t-r ,4-. -~ o ~ Seller: G'~~Gf~ ~ f ~ W1112CSS: Print Name: ~~l~r orr~ E. ~iis Seller: - _,~ v~~J ~. L~~ Witness; Print Name: ~ o [ ~ ti/ d ~ tad ~c/ ~~~ y~ Buyer: ', ~~ ~ Witness: Print Name: ~?/ ~~~/ ff ~'~! !/ ~ ~ N7~ R ~ p o0 ASSIGNMENT AGREEMENT FOR RELINQUISHED PROPERTY 1031-2388 THIS ASSIGNMENT is made and entered into as of January 14, 1999 by and between ROLAND L. HON as to an undivided 1/8 interest in the property legally described in this Assignment Agreement (hereinafter referred to as "Assignor"), WILLIAM A. HON as to an undivided 3/4 interest in the property legally described in this Assignment Agreement, and WILLIAM E. NORRIS as to an individual 1/8 interest in the property legally described in this Assignment Agreement (hereinafter known as the "Acknowledging Parties"), PIONEER 1031 COMPANY, an Idaho corporation (hereinafter "Assignee") and Jabil Circuit, Inc. (hereinafter "Consenting Party"). RECITALS: WHEREAS, Assignor and Consenting Party have entered into that certain Sale Contract/Purchase Agreement dated (hereinafter "Purchase Agreement"), a copy of which is attached as Exhibit "A" wherein Assignor agreed to transfer an undivided 1/8 interest in and to that certain real property legally described as: See attached legal Description commonly known as: Parcels A & B SE 1/4 S 18, T3N R1E BM, Ada County, Idaho (hereinafter "Relinquished Property") to Consenting Party; and WHEREAS, Assignor desires to effect a tax deferred exchange of the Relinquished Property for other property or properties of like kind pursuant to and in accordance with Section 1031 of the Internal Revenue Code, and the Treasury regulations promulgated thereunder; and WHEREAS, Assignor wishes to be relieved of the obligation to so dispose of the Relinquished Property under the Purchase Agreement and substitute Assignee in place of Assignor under the Purchase Agreement to allow Assignee to complete the transfer of the ASSIGNMENT AGREEMENT -- Page 1 NOW, THEREFORE, the parties mutually agree as follows: 1. Assignor hereby assigns to Assignee all of their rights and interest in the Purchase Agreement for purposes of a 1031 exchange and Consenting Party does hereby consent to such Assignment, acknowledging, however that such consent does not relieve Assignor frAm any and all of the obligations under the Purchase Agreement. Assignee hereby assumes all of such rights and interest in the Purchase Agreement. The Purchase Agreement is hereby assigned in accordance with the terms hereof. 2. Assignee's obligation to close escrow and assume the rights and interest of Assignor under the Purchase Agreement is conditioned upon the satisfaction of the following conditions, prior to close of escrow for the transfer of the Relinquished Property to Assignee: A. Review and approval by Assignee of the Seller's Escrow Instructions and any other documents related to the transaction. B. The execution of all escrow closing documents by the Assignor and Consenting Party prior to the conveyance of the Relinquished Property pursuant to the provisions of an Exchange Agreement between Assignee and Assignor. 3. Notwithstanding the foregoing, in the event the escrow for the transfer of the Relinquished Property to Consenting Parry from Assignee does not close on or before the date set for close of escrow in the Purchase Agreement, unless such date is extended by written agreement of the parties hereto, this Assignment Agreement shall be null and void and the Purchase Agreement shall be reinstated in full force and effect between Assignor and Consenting Parry without any further obligation or liability on the part of Assignee. 4. Consenting Party acknowledges that Assignee has not made any warranties or representations of any kind with regard to the Relinquished Property and Consenting Party is not relying on any representations or information provided by Assignee and that any warranties or representations asmade in the Purchase Agreement or otherwise shall be deemed to be made directly by Assignor to Consenting Party and all rights or remedies arising from a breach thereof shall be enforced directly against Assignor. ASSIGNMENT AGREEMENT -- Page 2 5. Assignor is aware that Pioneer 1031 Company is affiliated with Pioneer Title Company, whose services may be used in connection with this transaction or transactions. 6. This Agreement may be executed in counterparts and shall be of the same force and effect as if one document had been signed by all parties. IN WITNESS WHEREOF, the parties hereto have set their hands. ASSIGNEE: PIO 1031 COMPA , AN IDAHO CORPORATION BY: ~~ DATE ~- ~ T` ROBERT E. ONNEN, SENIOR VICE PRESIDENT ASSIGNOR(S): ~p ~C - ~~o,., DATE ROLAND L. HON CONSENTING PARTY(S): JABIL CIRCUIT, INC. BY: ~.~~,~.~~.-~Q, DATE // ? ACKNOWLEDGING PARTY S ~~ ~ DATE ~ ~' WILLIAM A. HON / ~~ DATE WILLIAM E. NORRIS ~ f~ ASSIGNMENT AGREEMENT -- Page 3 ASSIGNMENT AGREEMENT FOR RELINQUISHED PROPERTY 1031-2387 THIS ASSIGNMENT is made and entered into as of January 13, 1999 by and between WILLIAM A. HON as to an undivided 3/4 interest in the property legally described in this Assignment Agreement (hereinafter referred to as "Assignor"), ROLAND L. HON as to an undivided 1/8 interest in the property legally described in this Assignment Agreement, and WILLIAM E. NORRIS as to an undivided 1/8 interest in the property legally described in this Assignment Agreement (hereinafter known as the "Acknowledging Parties"), PIONEER 1031 COMPANY, an Idaho corporation (hereinafter "Assignee") and JABIL CIRCUIT, INC. (hereinafter "Consenting Parry"). RECITALS: WHEREAS, Assignor and Consenting Parry have entered into that certain Sale Contract/Purchase Agreement dated November 24, 1998 (hereinafter "Purchase Agreement"), a copy of which is attached as Exhibit "A" wherein Assignor agreed to transfer an undivided 3/4 interest in and to that certain real property legally described as: See attached legal description commonly known as: Parcel A & B SE 1/4, S 18 T3N R1E, BM, Ada County, Idaho (hereinafter "Relinquished Property") to Consenting Party; and WHEREAS, Assignor desires to effect a tax deferred exchange of the Relinquished Property for other property or properties of like kind pursuant to and in accordance with Section 1031 of the Internal Revenue Code, and the Treasury regulations promulgated thereunder; and WHEREAS, Assignor wishes to be relieved of the obligation to so dispose of the Relinquished Property under the Purchase Agreement and substitute Assignee in place of Assignor under the Purchase Agreement to allow Assignee to complete the transfer of the Relinquished Property as part of an integrated, interdependent transaction between Assignor and Assignee. ASSIGNMENT AGREEMENT -- Page 1 NOW, THEREFORE, the parties mutually agree as follows: 1. Assignor hereby assigns to Assignee all of their rights and interest in the Purchase Agreement for purposes of a 1031 exchange and Consenting Party does hereby consent to such Assignment, acknowledging, however that such consent does not relieve Assignor from any and all of the obligations under the Purchase Agreement. Assignee hereby assumes all of such rights and interest in the Purchase Agreement. The Purchase Agreement is hereby assigned in accordance with the terms hereof. 2. Assignee's obligation to close escrow and assume the rights and interest of Assignor under the Purchase Agreement is conditioned upon the satisfaction of the following conditions, prior to close of escrow for the transfer of the Relinquished Property to Assignee: A. Review and approval by Assignee of the Seller's Escrow Instructions and any other documents related to the transaction. B. The execution of all escrow closing documents by the Assignor and Consenting Party prior to the conveyance of the Relinquished Property pursuant to the provisions of an Exchange Agreement between Assignee and Assignor. 3. Notwithstanding the foregoing, in the event the escrow for the transfer of the Relinquished Property to Consenting Party from Assignee does not close on or before the date set for close of escrow in the Purchase Agreement, unless such date is extended by written agreement of the parties hereto, this Assignment Agreement shall be null and void and the Purchase Agreement shall be reinstated in full force and effect between Assignor and Consenting Party without any further obligation or liability on the part of Assignee. 4. Consenting Party acknowledges that Assignee has not made any warranties or representations of any kind with regard to the Relinquished Property and Consenting Party is not relying on any representations or information provided by Assignee and that any warranties or representations asmade in the Purchase Agreement or otherwise shall be deemed to be made directly by Assignor to Consenting Party and all rights or remedies arising from a breach thereof shall be enforced directly against Assignor. ASSIGNMENT AGREEMENT -- Page 2 5. Assignor is aware that Pioneer 1031 Company is affiliated with Pioneer Title Company, whose services may be used in connection with this transaction or transactions. 6. This Agreement may be executed in counterparts and shall be of the same force and effect as if one document had been signed by all parties. IN WITNESS WHEREOr, the parties hereto have set their hands. ASSIGNEE: PIO ER 1031 COIMPANY, AN IDAHO CORPORATION / ~} p, BY: c~.X DATE I l ~ ( I ROBERT E. ONNEN, SENIOR VICE PRESIDENT ASSIGNOR(S): DATE Z ~ WILLIAM A. HON CONSENTING PARTY(S): JABIL CIRCUIT, INC. -, ACKNOWLEDGING PARTY(S1: ~~ ~•~ ROLAND L. HON WILLIAM E. NORRIS DATE ~i 9 DATE DATE ASSIGNMENT AGREEMENT -- Page 3 PACIFIC 3130 S. Owyhee Street Boise, Idaho 83705 (208) 342-5400 Fax (208) 342-5353 July 11, ?000 Michael Garz, P.E. Idaho Transportation Department, District III 8150 Chinden Blvd. Boise, ID 83714-1367 RE: ITD Project /Plan Review Project Number: 06-2423-0001 Jabil Circuit Expansion, Meridian, Idaho Mr. Garz: Enclosed is one complete set of Site Civil Plans for the Jabil Circuit Expansion Project in Meridian, Idaho. The project is adjacent to the I-84 right-of--way directly west of the Locust Grove overpass. We are currently under review by the Ada County Highway District and they have requested a review and comment letter by the Idaho Transportation Department regarding the project. ITD reviewed the 1999 Jabil Project and provided a letter on May 25~', 1999 (Copy attached). The Jabil Expansion Project will be doubling the manufacturing floor space and providing parking improvements. The project will not extend any closer to the freeway than the previous project. We have enclosed an 81/2 X 11 of the previous project and the current project to assist you in your review. We are working directly with ACRD for providing 75 feet ofright-of--way from the centerline of Locust Grove Road across the Jabil Property for a proposed ACRD overpass project. The Jabil Circuit Expansion Project is not requesting any access from ITD nor will any improvements encroach onto ITD right-of--way. We respectfully request your expedient review of this project. If you have any questions or concerns please notify us. Sincerely, W&H PACIFIC, INC. /_ ~~~ ~~ ,Michael Fuss, P.E. Project Manager Enclosures CC: Russell Garcia, GMA Design Group w/o attachments Civil Engineering Structural Engineering Surveying Planning 7 May 25, 1999 W&H Pacific Michael Fuss 3130 S. Owyhee Street Boise, ID 83705 Dear Mr. Fuss w & H PACtFlC 1WAY 2 ? ~ggg RFCEIVEp We have reviewed the plans for the Jabil Circuit Manufacturing Plant and see no problem with it. The only thing we require is that all run off water be kept on the property and not diverted onto state right of way. If you have any questions you may call me at 334-8340. w Sincerely; O alter Burnside Traffic Engineer - An Equal Opportunity Employer - TRANSPORTATION DEPARTMENT P.O. BOX 7129 BOISE, f0 83707-1129 (208) 334-8000 _.._. _. _3.SLIfAO N - 3AOZp 1Slg07 (~ / = ~= ~ ~i •~ / J~ -" ~. z N ~ 1 ~~~ i ~,5~ - +"~ ~ ~ ~, , C ~ ~~'. / !' 1 • t i ,~ ~~~ _^ t '/~ V _> ~~ V Z (~ ~ ^l V -- •- 0~ ` <;i. %~ FF A~~/ ~~:',. it I~~tl ilill 11 li!?J .!-.. , ~/-' ,: 'r ~/~ ~ r` ;' 0 ,i ~~ ~ - ~__ }' ~' ~ ? ? 1F~~~~r` 1 t3 ~ ~ ~~ ~ ~... i ~ • .°..c~~. C ~i ,a- s ~ b' _~® I ~ ~ ' ~ ' ~® - j ~ - ,~,.. .. ~: .... ~. ~ ... - - i ~ . --. r ~, __ ~, ~ «.. -- - -~ r• .- .~ ~ _ ~ ~ ~ _.._.- _ _ - ~~ _- r _.. _s. .. .._ ~" __. m r ~~...- _ __ . , .Qi '~ ~ . ~ miE: J ... -- ... ~ . ~ " . _ .. ,.. _...__. I r'-'-- r ~ .~ .r .. - ' p i' i 7y ~ N p d ~.: .._.. .. _ ~ --~- r' r .cF ~S: ~-~ _ ~ _. ... r.r _ ~ a '' ~~ ~~ s ~~ -- _ x I' ..._ jji .... +.~ ~~. 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I .Q I ~ ~ Lx; ~p 1. 1'i'' l ~. ,- 1 ~ ~ j ~: t "- ~„ ~ ~ - ~ f ~----~' F 1 - ~..:~ ~. ~ ,_. . ~ .tip. _ -- ,_; ~ s .- d ,,~ i __. _; :, .~-.~. ~.....r•• .. ...- ^ 1? -~:-. :~ 1' HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner 208 888 6854 Sep-20-00 1:14PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 544 9/20 1:13PM 1'08" 208 342 3829 Send .............. 3/ 3 EC144 Completed........................................ Total 1'08" Pages Sent: 3 Pages Printed: 0 2W E. COkdl Ala, 81a 301 MFtlw4 b 0.%12 %IOPR ~~-06~7 F~c ~l0epE6EB6~ 70 ~.. - Recycling Btn Screening Fence 6' Choinlink N?tF- Slats or Other As Requested by Cfty of A/erldlon i --~-- ---' ~. ~i's ~ '~ f 1 ~: ! {~ .., ; ~'t; ..,_......._..._~._.....:.~...._ii Recycling Bin Screening fence 6' Cholnlink nth'; Slots or Other As Requested by City of Merldion s _ ... ,., . i i i i ..°~. ~:.:W Recycling Bin Screening Fence 6' Choinlink Nrith Slats or Other As Requested by Clty of Aleridion o - - 0 2 78 78 ; 70 70 DATE BY REMSION CHK JABIL CIRCUIT MANUFACTURING PLANT REC YCL 1 N G BI N DRAWN BY.• JRH S CREEN/ N G FENCE DESIGNED BY: MJF e~ ~.s,°rjn"'~~ i CHECKED BY: XXX CITY COUNTY STATE APPROVED BY: XXX ~ ~,r.rrea.~~ SCALE: PROJECT N0. FILE NAME: "-~"~•~•~-••~-~~~ 1"=60' 06-2423-0001 Ljcefnce.dwg ~/~ Q 0 0 J DATE BY REVISION CHK JABIL CIRCUIT a MANUFACTURING PLANT o PROPOSED LOT ELEVATION ° N oRAwN eY: JRH EXISTING BERM ELEVATION o DESIGNED BY.• MJF CHECKED eY: XXX MERIDIAN IDAHO o APPROVED BY: XXX SCALE: PROJECT N0. FILE NAME: 1 /1 N 3/16 "=1 ' 6-2423-0001 LJCE03GR. DWG ~tdci ~ouvct ~Jb~~ l~cuc>' oC.Jc3tr~ct Judy Peavey-Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary ~! & H PACIFlC Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus achd.ada.id.us July 20, 2000 ~ C ~! WB.HPacific ~ECEIVE® Attn: Michael J. Fuss 3130 S. Owyhee Street Boise, Idaho 83707 RE: MSPR-00-22/Central & Locust Grove /Jabil Circuit addition PLANS ACCEPTANCE The District has reviewed the plans for the above referenced project, and they are accepted for public street construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does not relieve the Registered Engineer of these responsibilities. The District will assess the following impact fee for this project. The impact fee must be paid prior to issuance of a building permit. Total Impact Fee due: 5219,176.00 NOTE: Any work in the public right-of--way requires a separate permit from ACRD. Contact Construction Services for fee and permit prior to construction in right-of--way. Standard Requirements: 1. Utility street cuts in new pavement less than five years old are not allo~~~ed unless approved in writing by the District. 2. All irrigation facilities must be located outside the public right-of--way unless otherwise approved by the District. 3. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvements. 4. All facilities to be constructed with a proposed development, and to be owned and maintained by the District. must be constructed according to the latest edition of I.S.P.W.C. and the District's Supplemental Standard Specifications. 5. Any work in the public right-of--way requires a permit from ACRD Construction Services. 6. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. If you have any questions or concerns, please feel free to contact me at 387-6176. Planning and Development ~~ ~OGLL'L~ ~JVL 12000E ~L~~f^LC~ quay reavey-uerr, rresiaent 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus~achd.ada.id.us July 20, 2000 MSPR-00-22 Central/Locust Grove Jabil Circuit addition IMPACT FEE CALCULATION Building Type Cost per Unit (per 1,000 SF) Area (SF) Total Cost Light industrial $1,427.00 153,592 $219,176.00 Total Impact Fee Due $219,176.00 ~~ co~~t ~~ ~wu ~~~t~~~t quay reavey-uerr, Nresident 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlys Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us July 24, 2000 TO: Michael J. Fuss W & H Pacific 3130 S. Owyhee St. Boise, ID 83707 FROM: Christy Richardson, Principal Development Analyst Planning & Development ~~. ~~,~ SUBJECT: MSPR-00-022 Jabil Circuit Addition Central & Locust Grove The Commissioners of the Ada County Highway District on July 19, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services -John Edney Drainage -Chuck Rinaldi ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MSRP00-022 Central Drive W/O Locust Grove Jabil expansion The applicant is proposing to construct a 153,592-square foot addition to an existing 170,000- square foot light industrial/manufacturing facility on 56.32 acres. The site is located north of Interstate 84 and west of Locust Grove Road. The- original site was expected to generate 2,400 vehicle trips per day. This addition is estimated to generate approximately 2,100 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Commission previously reviewed the original application for this site on May 12, 1999. The applicant has completed all of the previously required improvements associated with the site. Roads impacted by this development: Locust Grove Road Central Drive ACRD Commission Date -July 19, 2000 - 12:00 p.m. W Q ~ o"~~~ll~~ 1,-- ('~ O 0 i. i .._.._ . ~.ztiicroo w . _ ._. _ _.. 3+OtlD 1SIJ707 (~ .. . • '+' i • •+ I~ ' ~, '`'c/~Y' '~#IIIIIH-Iti~O° ~ ~~I f l :': r . ~ ~ I ~ i I ~~.~ . „ ~ ` .a~ ; ~-. ~ i ~ ~ ~_ ~~d I' ~ ~r... .~ ~4~'•~ .III, •.` ~ ~i ~ _«. -~~ , : . ~. i~ 11 T~~ ..,,.,...~.._.._ .. + . .r . ~! _ ~ ~. i ~.~M~}. p , p'.. 1 ~ ~01I ~ ~ I I ' ` _ ' 1 f ~~ ~ ~ ~ ~ ~~ i ~ 1 .. •• ,. .. y` _.. _ ... •• r k ; ~`;5 . . = - + 9 ,/ .: ~~~ I , _ ~,. ._ .... .......... . s ', ~. ,,~ ~ ~; ; 0+11 I I ~~~ , ~ ;i. ~~'~ __ ~ =~ ~'a ... ... .. , : ~ X011 ~~ ~ '' ~~1~~1~11~~1~~11~IIf11110 _ - .'~' . ~, _:.- ~-..~, . 3~`~ ; `ice/ _ _ ~ ', ~ ~ '~~,,.:~~ ~~~~OIIII11111011~IIIIIIIQ. = ' ' NS;I :~ '~ ~., ~; i . _. _, II~ •~ ~i ~~~ ~, 4,~ ,{i .. ~..~.-~ _ . ~ I .~/'...r-=-....-:~-~'~,.......•• tel. ~~ ...... ,.~ ' ~ I I ZO'd b00'oN Sb~OT OO~TI ~nr £S£SZb£80Z~QI O N ~O q ~N V ~^ ~ n ~ ~U Q ~_ F s OI~IOtid' H'8m Facts and Findings: A. General Information Owner - Jabil Circuit Applicant -Mike Fuess, W&H Pacific IL -Existing zoning 56.32 -Acres 170,000 -Square footage of existing building 153,592 -Square footage of proposed building addition 282 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Locust Grove Road Minor arterial with bike lane designation No traffic count available 350-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 150-feet required right-of--way (75-feet from centerline) Locust Grove Road is improved with a 26-foot street section with no curb, gutter or sidewalk. Right- of-way acquisition is important at this location because ACHD, ITD and the City of Meridian are making a joint effort to construct the Locust Grove Overpass at this location. East Central Drive Collector road with bike lane designation No traffic count available 2,600-feet of frontage 50 to 60-feet existing right-of--way east of the site No additional right-of--way required Central Drive does not exist between Stratford Drive and Locust Grove Road. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer at 334-8340. MSPR-00-022.cmm Page 2 D. As required with the previous application, the applicant extended Central Drive to Locust Grove Road as a 47-foot collector roadway. E. Driveways were approved with the previous applications in the following locations: • the eastern driveway on Central Drive, located 120-feet west of the east property line • the middle driveway on Central Drive, located 940-feet west of the east property line • the western two driveways on Central Drive, located 1,900-feet west of the east property line and 2,500-feet respectively The applicant is not proposing any new driveways with this application and none are approved. F. The applicant was previously required to provide a $7,000.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel (approximately 350-feet). G. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. H. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. I. As required by District policy, restrictions on the width, number and locations of driveways, maybe placed on future development of this parcel. J. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. MSPR-00-022.cmm Page 3 Special Recommendation to the City of Meridian: In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Mrs. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate right-of--way to tota175-feet from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Comply with requirements of ITD for Interstate 84 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. No new access points to Central Drive have been requested and none are approved with this application. 5. No access points to Locust Grove Road have been proposed and none are approved with this application. MSPR-00-022.cmm Page 4 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures. and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MSPR-00-022.cmm Page 5 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 9. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Date of Commission Action: Planning and Development Staff Julv 19. 2000 MSPR-00-022.cmm Page 6 Steve From: Sent: To: Cc: Subject: Eric, Steve on behalf of Steve Siddoway [siddowas@ci.meridian.id.us] Tuesday, June 27, 2000 12:16 PM 'Eric Jensen' Shari Jabil Expansion I have done a cursory review of the plans you submitted for review of the Jabil Expansion. Overall, things are looking good. I do have the following comments: 1. I appreciate the clear distinction between transplanted trees and new trees (Thank you). Transplanted trees have already been used to meet the requirement for Phase 1 and cannot be counted again toward Phase 2. Z ~~°~ 2. Please submit calculations for the square footage of new asphalt and the total caliper-inches of new trees to show compliance with "110% rule". 3. I will need to know elevations of the parking lot (especially along the east side) and actual berm elevations to determine compliance with the berm requirement of the project along the eastern boundary. The berm was not constructed to the elevations shown on the plan. 4. The plans do not account for the dedication of right-of-way for the Locust Grove overpass. The plans will need to be modified to accommodate the overpass right-of-way. Submit a ~~ , recorded Warranty Deed for the dedicated right-of-way. k~ ~~-.-~-=~ ~h+~~ 1 5. We need some information about the dumpsters near the loading docks-how many will remain permanently, proposed screening enclosures, etc. 6. What is the new pad site near the pump house? I am assuming it is the relocated sports court. 7. None of the new parking appears to be handicap-accessible. Please verify that you are in compliance with federal standards/ADA. Submit new parking calcs based on building square footage to show compliance with City ordinance. }~~l~,ls ;' ~- ~''^"'~/-~~~' 8. When you are ready to submit for a Certificate of Zoning Compliance (CZC), we will need 3 copies of the site plan (you submitted 2 of this draft); the appropriate calculations for new building square footage, parking, and landscaping; and an ACHD approval letter. Please call me if you have any questions. Steve Siddoway June 11, 2000 Mr. Steve Siddoway Meridian City Planning Dept. 200 E. Carlton, suite 201 Meridian, ID 83642 Re: Jabil, Phase 2 Dear Steve; .ii. ^^^.i^i ~^^^^^- '^^e^. JENSENBELTS ASSOCIATES Site Planning Landscape Architecture This memo is in response to your request for tree calculations as above referenced. The following represents new trees associated with expanded hard surface areas. Additionally, all existing trees impacted by Phase 2 construction will be transplanted and detained on-site as indicated on Sheet L1.1 of the drawings. Additional Paving 184,700 Sq. Ft. Caliper inches required 406 CI (184,700 _ 1500 x 3 x 1.1) Caliper inches provided 400 CI (160 trees x 2.5) The calculation is very close to our agreement. On verification, I am two trees short of what I had prior counted. The mistake is honest, and I respectfully request your consideration. Professionally yours, JENSEN-BF.~,TS ASSOCIATES Eric A. J Principal Cc Russell Garcia, GMA 495 Main Street (Belgravia), Boise, Idaho 83702 Ph. (208) 343-7175 Fax (208) 343-7178 a-mail jba@micron.net