Tenant Construction Manual. Belden Village Mall

Transcription

1 Tenant Construction Manual Belden Village Mall

2 Belden Village Mall 1. Introduction Tenant Construction Rules and Regulations The following set of Construction Rules and Regulations has been formulated to create the most productive work environment for all parties concerned. Your cooperation along with your associates, the Landlord and our associates and other contractors is required and demanded for the success of the project. No infractions to these rules will be tolerated. Any questions or circumstances that may arise regarding these rules or the construction of your premises are to be reported to the Tenant Coordination office immediately. The Tenant Coordination staff is here to help facilitate the construction and opening of your client s store and we will do what is necessary to make this a productive process. To facilitate a productive work environment, the Landlord and its representatives shall have the right to impose fines as outlined in the Tenant Contractor Rules and Regulations. The Landlord and its representatives shall have the right to impose such fines at its own discretion with/or without notice. The Landlord, in its sole opinion, shall have the right to eject Tenant s Contractor from the premises if said contractor disregards the Tenant Contractor Rules and Regulations or in any other way delays work by Landlord, other Tenant s Contractor, or adversely impacts the operations of the existing center. 2. Project Directory Belden Village Mall Tenant Coordinator Brenda Sparks 4230 Belden Village Mall Cir NW Starwood Retail Partners Canton, OH Phone Mall General Manager- Katrina Barton bsparks@starwoodretail.com Operations Manager- Andy Rivard Operations Phone: Government Agencies Building Department Stark County Building Department 3951 Convenience Circle Canton, OH Fire Department Jackson Township Fire Department Building Inspector Angela Canavaugh Electrical Inspector Ken Nice Fire Inspector Aaron Stoller Health Department Stark County Health Department Mech/Plb Inspector Tim Heather Utility Representatives Electric - AEP Telephone - AT&T Gas - Dominion Energy Water-City of North Canton Water Dept. Trash Removal - Keter Environmental Services (Solutions Center) (Joe Shaheen, Sales Rep) (Main Line) x 153 (Deb Morris) 2 Revision date: 9/18/17

3 Landlord s required contractors: Roofing TEMA Roofing Services PO Box 39 Canfield, OH Advanced Industrial Roofing, Inc South Erie Street Massillon, OH Contact: Adam Froelich Telephone: Contact: Fred Horner Telephone: Facsimile: Sprinkler SA Comunale Co., Inc Newpark Drive Barberton, OH Contact Kevin Scanlon Telephone Facsimile Fire Protection ADT / Tyco 5590 Lauby Road NW North Canton, OH Contact Steve Averell Telephone Facsimile Barricade Boston Barricade Company, Inc th Street Vero Beach, FL Telephone Main Line n/a 3. Labor Practices Tenant s General Contractor shall warrant that Tenant and Tenant s contractors will comply with the instructions of Landlord or Landlord s General Contractor for the purpose of avoiding, ending and/or minimizing labor disputes. Upon notice from Landlord or Landlord s General Contractor, Tenant will take such action, including the prosecution of legal proceedings in court or with agencies such as the National Labor Relations Board, as Landlord or Landlord s General Contractor shall deem appropriate. 4. Contractor Check-in Procedures The following items are required prior to access to Tenant s space. a) Building Permit b) Proper evidence of Insurance Coverage (requirements as outlined in Section 5) c) Contractor Deposit (cashier s check for $5000; as outlined in Section 6 Contractor Deposit) d) Exhibits Landlord s Final Approved set of Construction Drawings e) Exhibit Permit set of Approved Construction Documents f) Furnish Construction Schedule (as outlined in Section 8 Construction Schedule) g) Contractor furnishes a list of telephone numbers and addresses for all contacts. This will include Contractor s home office contacts, all sub-contractors, emergency numbers and contacts. (Exhibit B is to be fully completed prior to the Construction Orientation Meeting) h) Contractor signs the Exhibit A confirming his/her receipt of Construction Rules and Regulations i) Contractor signs and acknowledge Exhibit E.3, Automatic Fines deductible from Construction Deposit for infraction of Construction Rules and Regulations. 3 Revision date: 9/18/17

4 5. Insurance Requirements A. Tenant shall secure, pay for and maintain, or cause Tenant s General Contractor to secure, pay for and maintain, for all periods of construction and fixturing work within the Premises, all of the insurance policies required in the amounts as set forth herein below. Tenant shall not permit its General Contractor to commence any work until all required insurance has been obtained and certificates evidencing such insurance have been delivered to Landlord. B. Tenant s General Contractor s and Subcontractor s Required Minimum Coverage s and Limits to Liability. 1. Worker s Compensation, as required by the State of Ohio, and including Employer s Liability Insurance with a limit of not less than One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each employee by disease, One Million Dollars ($1,000,000.00) policy aggregate by disease, and any insurance required by any Employee Benefit Acts or other statutes applicable where the work is to be performed as will protect Tenant s General Contractor and subcontractors from any and all liability under the aforementioned acts. 2. Commercial General Liability Insurance (including Contractor s Protective Liability) in which the limits shall be not less than Three Million Dollars ($3,000,000.00) per occurrence combined single limit, bodily injury and property damage, and not less than Five Million Dollars ($5,000,000.00) General Liability Aggregate. Such insurance will provide for explosion, collapse and underground coverage. Such insurance shall insure Tenant s General Contractor against any and all claims for bodily injury, including death resulting there from and damage to or destruction of property of any kind whatsoever and to whomever belonging and arising from its operations under the contract whether such operations are performed by Tenant s General Contractor, subcontractors, or any of their subcontractors, or by anyone directly or indirectly employed by any of them. 3. Comprehensive Automobile Liability Insurance, including the ownership, maintenance and operation of any automotive equipment, owned, hired and nonowned, in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit, bodily injury and property damage. Such insurance shall insure Tenant s General Contractor and all subcontractors against any and all claims for bodily injury, including death resulting there from and damage to the property of others caused by accident and arising from its operations under the Contract and whether such operations are performed by the General Contractor, subcontractors or by anyone directly or indirectly employed by any of them. C. Tenant s Protective Liability Insurance - Tenant shall provide Owner s Protective Liability Insurance insuring Tenant against any and all liability to third parties for damages because of bodily injury (or death resulting there from) and property damage liability of others or a combination thereof which may arise from work in connection with the Premises, and any other liability for damages which Tenant s General Contractor and/or subcontractors are required to insure against under any provisions herein. Said insurance shall provide policy limits which shall provide, at a minimum, coverage of Three Million Dollars ($3,000,000.00) combined single limit, bodily injury and property damage. D. Tenant s Builder s Risk Insurance - Completed Value Builders Risk Material Damage Insurance policy covering the work to be performed for Tenant in the Premises as it relates to the building within which the Premises are located. The policy shall include as insured s Tenant, its General Contractor, all subcontractors and Landlord, as their interests may appear. The amount of insurance to be provided shall be at one hundred percent (100%) of the replacement cost. E. All such insurance policies required under this Exhibit, except as noted above, shall include Landlord, its Architect, its Consultant, its General Contractor, subcontractors, and parties set 4 Revision date: 9/18/17

5 forth in the Lease and any other parties designated by Landlord from time to time as additional insured entities, except the Worker s Compensation Insurance; further provided, said Worker s Compensation Insurance shall contain an endorsement waiving all rights of subrogation against Landlord, its Architect, its Consultant, its General Contractor and subcontractors. F. Certificates of insurance shall provide that no reduction in the amounts or limits of liability or cancellation of such insurance coverage shall be undertaken without thirty (30) days prior written notice to Landlord. G. The insurance required under this Exhibit shall be in addition to the insurance required to be procured by Tenant pursuant to the Lease. The certificate holder and additionally insured should read as follows, verbatim: Additional Insured Belden Village Mall Belden Mall LLC, its parent, Starwood Retail Property Management, LLC, Starwood Capital Global Group, L.P. and its or their subsidiaries, affiliates, directors, officers, members, managers, partners, lenders, agents employees and assignees, and other such entities hereafter as may be reasonably requested by Owner, referred to collectively as additional insured. Coverage afforded to the additional insured shall be on a primary basis. NOTE: Belden Village Mall requires that an Additional Insured Endorsement page be included with your Insurance Certificate. Please contact your insurance provider and request that they send this with the certificate. 5 Revision date: 9/18/17

6 STARWOOD RETAIL PROPERTY MANAGEMENT, LLC 6 Revision date: 9/18/17

7 7 Revision date: 9/18/17

8 6. Contractor Deposit 8 Revision date: 9/18/17

9 A security deposit of $5, in the form of a Cashier s Check or Company Check will be required upon sign-in. Security deposits are to be made payable by check to Belden Mall LLC. Cash will not be accepted. Two Thousand Five Hundred dollars ($2,500) of the deposit is non-refundable and is to cover Landlord cost including but not limited to on-site Tenant construction coordination, utilities provided by Landlord during construction. Access will be denied to the premises until the deposit has been received as stipulated above. Landlord shall reserve the right to deduct costs incurred during the project to complete or perform work on behalf of Tenant(s). Such work shall include but shall not be limited to a) the removal of debris from common areas, roof and/or roof, b) the removal of equipment / materials from service corridors and/or common areas, c) the repair of damage to Landlord s work in common areas including roof repairs and d) the temporary sealing of roof penetrations to prevent damage. Such deductions shall be made with or without notice to Tenant or Tenant s General Contractor. Upon completion of construction, with all required documentation furnished WITHIN 90 DAYS OF STORE OPENING, the refundable portion of the deposit will be returned. Stipulations regarding your deposit are outlined in the following sections. Please note, fines incurred by infractions of any rules and regulations set forth in this document by your employees, sub-contractors or clients shall be deducted from your deposit. 7. Construction Schedule General Contractor shall furnish a detailed construction schedule in graphic form detailing workflow. Essential start dates and completion dates are required for all trades. Deliveries of heavy items or in large quantities must be noted on the schedule. Access to loading zones and freight elevators will be limited and must be scheduled in advance with Belden Village Mall Management. 8. General Contractor s Possession of Premises Tenant s general Contractor shall survey the premises for Landlord Work that is not complete or in discrepancy with Tenant s Lease documents. Notice, in writing shall be submitted within 48 hours of possession. Upon expiration of the notice period, Tenant and Tenant s Contractor shall have accepted the premises in as-is condition. All work necessary within the premises shall be the responsibility of the Tenant and Tenant s general Contractor. 9. Inspection Information: Critical All project information must include both the Tenant s post office address number. Before any work may commence in the Tenant s Premises the following must have occurred or be completed: 1. All plans must be approved by the Permitting Services and one approved set must be kept in the premises at all times. 2. All issued permit cards must be posted in the Premises before any work may proceed. Permit must include all disciplines or individual Permits must be acquired for BME&P. 3. Additional Permits are may be required. These may include Fire Permit, Sprinkler Permit, Fire Alarm Permit and a Food Exhaust Suppression Permit (if applicable). 4. All inspections should be scheduled by the Contractor or sub-contractor requiring the inspection. 5. Items not included in the Tenant s permitted plans may not be installed or in the premises prior to obtaining a Certificate of Occupancy or Temporary Certificate of Occupancy. These items include: furniture, shelving, merchandise fixtures, equipment, electronic equipment, etc. 10. Tenant Utilities It is required that Tenant or Tenant s General Contractor submit service work orders for utility services to be transferred into tenant s name prior to construction. Contact information has been provided for you. Each Tenant is required to install an electric meter, (or have service placed in tenant s name), for their space by contacting the local electric utility. A gas meter is required for tenants requiring the service. A water meter is required for tenants with a high daily water usage (food, salons). 9 Revision date: 9/18/17

10 Mall Management will advise if this applies to your space. 11. Contractor Work Area and Practices Tenant Contractor s work material and supplies shall be confined to the premises. No work or material is to be conducted on or stored in service corridors or mall common areas. Each Contractor, in addition to their premises shall be responsible for all debris and equipment left in common areas surrounding their premises. Areas will be delineated to remain inside your barricaded area. It is the Tenant Contractor s responsibility to secure tools, equipment and material within their premises at the end of each day. All trash & construction debris is to be removed promptly each night into Landlord s designated dumpsters. No equipment, materials or debris is to be stored in common areas or service corridors at any time. Tenant Contractor must provide an entry carpet within their barricade to prevent dust from trailing out to the mall common area. Tenant Contractor shall also be responsible for the mopping and sweeping of common areas free of construction dirt and debris. Tenant and Tenant s Contractor shall wear the appropriate attire to prevent injury to their personnel and other persons on the job site. Prior to the issuance of a CO or TCO for the base building, all Tenants and their Contractors are required to wear a HARD HAT. Proper footwear and clothing are required within the new construction area to prevent injury. Tenant and Tenant Contractor shall protect their work from damage and shall protect the work of other Tenants and Landlord from damage by Tenant, Tenant Contractor and/or employees and sub- Contractors. Tenant s work shall be coordinated with all work being performed by Landlord and other Tenants work to the extent that Tenant s work shall not interfere with or delay the completion of any other work. No Contractor or sub-contractor participating in Tenant s work shall at any time damage, injure or interfere with or delay the completion of the building or any other construction within the mall. Each Contractor and their sub-contractors shall comply with all procedures and regulations prescribed by Landlord for the integration of Tenant s work with the work to be performed in connection with the building and other construction within the mall. Construction Hours - Construction may take place during the operating hours with the exception of loud work such as concrete sawing, jack-hammering/pounding, heavy hammering or any other loud noise which may disrupt the normal business activity of other Tenants and customers. Landlord reserves the right to determine inappropriate noise level at its own discretion and may stop construction activity for noise or dust purposes at any time. If common area work is required (i.e. storefront finish, floor tile, demolition, etc.), the work must take place before or after the operating hours of the center. Materials must be removed from the common area by 6:00 a.m. on Monday through Saturday and by 9:00 a.m. on Sunday. Clean up is the Contractor s responsibility. Security Dispatch Office If extended hours or night time hours are required, arrangements must be made with the Landlord representative and Landlord Security Dispatch Office. Entry into the mall may be obtained by calling Mall Security at (330) Each Contractor must receive a Belden Village Mall name badge from the Security Dispatch Office. Certain Tenant spaces (due to their location, lack of back door, etc.) will require night time construction. Night time construction hours will be 10:00 PM 6:00 AM. No construction materials will be delivered through the common areas during business hours. At no time will public entrances be used for delivery of equipment and materials. Demolition The Tenant space shall be demolished of all construction materials not applicable to the build out of the new space. This includes but not limited to: Landlord bulkheads, soffits, ceiling grid & panels, electrical, plumbing, roof penetrations, HVAC Roof Top Units, HVAC duct & support straps, flooring (VCT, ceramic, stone, etc.), communication wires, etc. Landlord utilities, communication wires, demise piers, bulkheads, light coves, and fire separation walls shall remain unless otherwise instructed by the Landlord representative. Demolition should occur during the daytime hours with the exception of 10 Revision date: 9/18/17

11 noisy construction like saw cutting which must occur during non-business hours. Night-time construction hours will be 9:00 PM 6:00 AM. Support attachments to roof deck At no time will support attachments be made to the shell roof deck. This includes supports for HVAC duct, soffits, bulkheads, plumbing, fire protection systems, walls, etc. The shell building truss structure and beams shall be used to support the above listed materials per applicable building codes. Equipment The use of diesel, gasoline, and propane fuel powered equipment within Belden Village Mall is strictly forbidden. Equipment powered by electrical and battery (compressors, trenchers, welders, saw cutters, etc.) is the only acceptable equipment that may be used within the mall. Equipment use procedures must be coordinated with Landlord s representative. The Contractor shall consult Landlord s representative before bringing any equipment into the mall. No flammable liquids or materials may be stored at the job site. No jack hammering or floor cutting will be permitted one half hour before Belden Village Mall opening and not until one hour after center closing. Prior to any type of cutting/welding work, a cutting/welding permit must be obtained from Landlord s representative. Failure to obtain a permit for these activities will result in an immediate stoppage of all work in the premises until proper permits are obtained. Sanitary Sewers No dumping or cleaning of tools or equipment in sanitary sewers (i.e. slop sinks, sinks, commodes, floor drains, clean outs, etc.), shall occur during the construction phase. The General Contractor or sub-contractors will provide their own source of disposal and cleaning of construction debris. This includes but is not limit to: drywall joint compounds, paint, floor surface products (i.e. grout, thin set, adhesives, concrete, etc.) At the completion of construction, the Tenant s Contractor shall have the sanitary sewer auger cleaned by the mall approved sewer cleaning Contractor. Any indication that debris in the Tenant s sanitary sewer system causes Belden Village Mall s sanitary system to become clogged, it shall also be auger cleaned to the satisfaction of the Landlord s representative. This cost shall be included General Contractor s buildout costs. A fire extinguisher must be kept on the premises at all times. 12. Premises Permit and Documents Building Permits are the responsibility of the Tenant/Contractor. Obtaining a permit from the City of Canton takes 4-6 weeks under normal conditions. If you re unsure whether you need a building permit, specifically if the improvement relates to minor remodeling of the space, call the Canton Building Department. All Permits, Inspection Sign-off sheets and Permit Construction Documents shall be posted in a secure location within the premises. Such documentation shall be made readily available to Landlord and/or any governing party having jurisdiction upon demand. This procedure has been designated by the Building Department to expedite inspections and sign-off. A final Certificate of Occupancy must be provided to Belden Village Mall Representative immediately after construction is completed in order for Tenant to open for business in the premises. 13. Loading Zone and Deliveries Absolutely no deliveries can be made through the common areas of the mall during the hours of operation. All loading and unloading of materials will be restricted to Landlord designated areas only. No vehicles are to be left unattended, unattended vehicles will be towed at owner s expense. Only designated freight elevators are to be used for transport of delivered materials. Common areas, escalators, passenger elevators and freight elevators servicing the operational mall are never to be used. Only carts or dollies with air filled or soft rubber wheels will be allowed. All large deliveries or deliveries of heavy items are to be scheduled in advance with Belden Village Mall management. Loading and off-loading areas are limited; if your loading or off-loading requirements are in excess of ½ hour it must be scheduled in advance or the truck will be turned away. All delivery companies should have the Contractor s telephone number and alternate numbers. 11 Revision date: 9/18/17

12 14. Trash Removal No construction debris or building materials may be placed in the Belden Village Mall compactors. Arrangements are to be made with the disposal Contractor to provide an open construction roll-off container or dumpster (as required) at Tenant or Contractor expense. Belden Village Mall is to be notified in advance when an open container has been ordered. Placement of the Roll-off is to be coordinated with Belden Village Mall representative. Please contact the Mall representative 24 hours prior to the scheduled arrival of the roll-off so site selection can be made. The Contractor must provide barricades for securing parking spaces for the construction roll-off drop. The Contractor is to meet with the hauler at time of delivery to insure the roll-off is placed in the designated area. Upon arrival of the container, the Contractor is responsible to insure that 2 x 2 x ¾ plywood pads (or similar material) are placed under the container wheels or skids to insure the weight of the container will not sink or damage the asphalt parking lot. It is advised that when a container arrives that all construction debris is loaded as soon as possible in order to avoid having the container filled with trash from other stores. (Belden Village Mall is not responsible for public or Tenant trash placed in the construction roll-off). The path of travel from the Tenant space to and around the construction roll-off will be broom swept daily. Once the container is full, it must be emptied immediately or properly covered with a tarp, as winds may scatter debris over the center property. Violations will result in a $ per occurrence fine deducted from the construction deposit. Dumpsters/construction roll-offs are required to be hauled away daily. Arrangements must be made with the trash hauling company for delivery of dumpsters/construction roll-offs after 6:00 PM (if location is a service dock) or 9:00 PM (if location is adjacent to the parking lot) and pick-up no later than 7:00 AM the following day. All construction trash and debris are to be deposited in trash receptacles. Trash left outside of the receptacle or use of any other area or receptacle is prohibited. All trash removal is to be conducted through service corridors. Tenant s premises shall to be broom clean and all trash removed nightly. Trash removal is the responsibility of the contractor. Use of mall compactors is prohibited. Open top dumpsters may be placed at remote locations of the property only after obtaining permission from Belden Village Mall management. No debris may be stored in the common areas. 15. Use of Service Corridors Service corridors are for the use of all Tenants to transport material and deliveries. No work or storage of material shall be conducted in service corridors. Any items found in the corridors shall be confiscated. $ fine will be imposed for each infraction. 16. Parking Zones Landlord has designated parking for Tenant s contractor and subcontractors (see attached site plan). Contractor s vehicles parked in No Parking Zones, Loading Zones and/or in non-designated areas will be towed at vehicle owner s expense. 14. Work Hours Interior work may occur 24 hours a day. Noise that can bother neighboring tenants is limited to nonoperating hours; however; construction projects within the Food court may require various additional operating approvals by Mall Management. Before and after hours work will need to be coordinated using the After Hours Permit. This permit identifies your workers to security as having permission to be in the mall during non-business. This permit is available at the Mall Management Office and at the security dispatch office. 12 Revision date: 9/18/17

13 15. No Smoking Policy Smoking is prohibited on the premises, common areas or base building construction site. 16. Storefront Barricade Policy Full barricades will be required for all Tenants. The barricade must be constructed for the Tenant space prior to the commencement of demolition or construction. The cost of construction will be billed to the Contractor if Belden Village Mall builds the barricade. The cost of a Belden Village Mall constructed barricade will be an additional cost not covered by the deposit fees noted in Section 5. An invoice will be submitted to the Contractor. Barricade fees must be paid in full prior to removal of the barricade at the end of construction. The Contractor is required to schedule the removal of the barricade, with required Contractor. The barricade will not be removed until the Tenant space is completely ready to open. This includes: all construction and punch list items complete, Certificate of Occupancy & Permit sign off documentation received by Landlord, store stocked and ready, required copies of air balance report received, sub-meters interfaced with Landlord EMS installed, dumpster removed from property, all invoices from Landlord paid, this includes barricade & graphics fees, mall supplied floor tile fees, damage fees, etc. The barricade may then be removed the night before opening. At this time the mall bulkhead will be patched, repaired, and painted due to barricade screw attachments. The Landlord demise pier may need to be repaired, stained or painted and the Tenant Storefront cleaned. To insure all storefront construction items are complete, the GC must schedule this activity after close of the business day (9:00 PM) the night before opening. All items are to be complete by 5:00 AM. This will allow Landlord s housekeeping to address common area & associated Tenant storefront service hall cleaning responsibilities before 7:00 AM. All Barricades must have full height Tenant graphics installed at the Tenant s expense. Mall Management Office may be able to recommend printers and installers. All graphics to be installed within hours. The Barricade must be installed by the mall required Contractor, Boston Barricade. See Fee Schedule. 17. Back Door Name & Address A permanent back door sign will be ordered and installed by the Operations Manager 18. Paint Color Contractor needs to contact the Operations Manager for paint color. (Neutral Piers or Soffets). REFER TO PAGE Quality of Workmanship Merchant s work shall be performed in a through, first class and workmanlike manner and shall be in good usable condition at the date of completion thereof. If in the Landlord s judgment, the Merchant s work is not completed in a first class and workmanlike manner, the merchant will not be allowed to open until said discrepancies are corrected. 20. Supervision General Contractor shall provide a full-time supervisor or representative on site at all times when construction is being performed in retailer s space. 21. Approved Design Retailer s store shall be constructed in accordance with the plans, which have been approved by the Tenant Coordinator. These plans will comply with all city, county, and state rules, ordinances and regulations relating thereto. If the store has not been constructed in accordance with said plans; the retailer shall not be permitted to open the store for business based on the obligations under the retailer s lease. A copy of said plans must be kept on the job-site at all times during construction. Sprinkler plans must be submitted to FM Global, Attn: Plan Review, Country Club Blvd., Suite 400, North Olmsted, OH as well as the local inspector for approval, prior to any work being done to the sprinkler s y s t e m. Plan review may take up to 4 weeks for approval. 13 Revision date: 9/18/17

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15 22. Building Permit Retailer shall apply all permits, coordinate building department submittal and pay all associated fees. Retailer shall apply for, and obtain all approvals and permits from the local health department if required. Building permit shall be posted in retailer s space before any work begins (i.e., demolition, rough framing, rough plumbing or electrical). A copy of the permits must be on file with the Mall Management Office before work starts, and a copy must be placed in clear sight within the job space. 23. Security Retailer shall ensure the security of retailer s premises by whatever measures deems necessary including the re-keying of all locksets. 24. Sign Posting Retailer s contractor or subcontractors will not be allowed to post any signage containing the name or advertising of their firm to any part of the barricade, Shopping Center or premises at any time. Landlord reserves the right to post a Notice of Non Responsibility on any entry into space as required by retailer s lease. Landlord may also post Coming Soon signs on the front of the retailer barricade. 25. Tool Loan Contractor must always use their own tools and equipment. At no time, will the landlord rent or loan tools or equipment to the contractor or subcontractor. If the Landlord s tools or equipment are found in the possession of the contractor or subcontractor, a fine will be assessed. (i.e., gray whales, trash bins, flat carts or ladders). 28. Public Restrooms Contractor and subcontractors are not to use public restrooms to clean their tools. 29. Prohibited Work / Practices and Hazardous Materials Landlord reserves the right to not allow the use of any substance the Landlord believes may be hazardous when used in the shopping center. All construction dealing with excessive noise levels shall be performed during non-mall hours and scheduled with the Tenant Coordination office. Use of toxic substances including floor sealant and paint products shall be scheduled with the Tenant Coordination office and will not be allowed between the hours of 8:00 AM and 10:00 PM of each day. If toxic substances are used during these hours, work will be discontinued and the site will be shut down until approval to proceed is granted by the Tenant Coordination office and OSHA. This complies with California Law B198. Any use of hazardous materials must be scheduled with the Tenant Coordination office and MATERIALS SAFETY DATA provided prior to the start of construction. It is the Contractor s responsibility to verify with the Mall Management Office prior to commencement of work that there are any known hazardous substances in or near the premises. If materials of any kind are discovered during the course of construction which are thought to be hazardous or contain asbestos, the Contractor must immediately stop work in the space and notify the Mall Management Office. No construction material containing hazardous substances (ie VAT) may be used during construction or brought to the site. 30. Temporary Power for Construction Landlord may provide a source for temporary construction power. General Contractor shall find a connection with the approval of Landlord. General Contractor shall be responsible for securing any wires and/or cables required preventing injury or damage to property and/or persons. Connection to any other source of power is prohibited. The temporary power source is not to be used as a power source to power the entire store. Temporary power is for construction only and permanent power should be established as soon as possible. Temporary power will be billed at $ per day. 15 Revision date: 9/18/17

16 31. Fire Alarm System All Tenants are required to use the designated base building Fire Alarm Contractor to complete final connection of Tenant s Fire Alarm System to Landlord s Main Fire Alarm System. Individual store Smoke Detectors/Voice Enunciation Speakers/Audible Strobes/Alarms/HVAC Duct Detectors/Sprinkler Flow Switch are enunciated through the Tenant space Simplex Panel and are linked to the Simplex Central Alarm Panel System that automatically notifies the Simplex Alarm Monitor if the alarm is activated or disconnected. Therefore, it is imperative that the Contractor notify the Landlord representative prior to the activation or disconnection of any Tenant space fire/lifesaving system. Extreme care should be taken to protect the fire alarm enunciation systems (i.e. strobes, alarms, smoke detectors, speakers, etc.) from dirt and construction dust. Before demolition, the Landlord approved electrical Contractor must remove or deactivate fire alarm systems. Fire alarm equipment shall be placed in a plastic bag, stored until completion of the build-out, and then reinstalled. Fire alarm systems shall not be painted. The Contractor may be subject to a fine from the Fire Department and/or Landlord for false alarms or destruction of fire alarm systems. The Tenant Contractor will be responsible for required fire alarm systems, updating systems and for updating the new Tenant name and address on the control panel and all applicable testing. All costs associated with required fire alarm systems shall be included in the General Contractors build-out costs. 32. Air Balance/Smoke Exhaust General Contractor shall submit to the Landlord a Certified Air Balance report stating the actual amount of cubic feet of air per minute (CFM) being used in the premises. Additionally, Tenant shall not be allowed to open for business until a Smoke Exhaust Test is conducted. 33. Sprinkler System General Contractor shall hire an approved Landlord sprinkler contractor. General Contractor shall be responsible to ensure that all sprinklers are charged and under pressure at the end of each day. The system must be active each night and throughout the weekends. Any damages to property and/or persons will be the responsibility of the General Contractor. At no time, will there be a fire riser shutdown without the written approval of Belden Village Mall management in the form of the Fire Riser Shutdown Permit. Each Fire Riser Shutdown Permit shall be accompanied by a non-refundable check for $ No permit will be accepted without this check. The Shutdown Permit must be signed for by no later then 10AM for the next business days work, failure to do so will result in doubling the fee. Contact the Operations Manager for assistance. The Sprinkler Contractor is responsible for submitting plans to Factory Mutual Engineering, and The Jackson Township Fire Marshal prior to commencement of work. $ fine will be imposed for each infraction. 34. Roof Penetrations All roof work must be coordinated with Belden Village Mall management. General Contractor shall hire Landlord s designated roofing contractor and roof water proofing contractor. A 72-hour minimum notice in advance is required for any requested rooftop work requiring a crane lift. General Contractor shall provide adequate structural support for all roof openings. General Contractor shall install a non-fading, durable and permanent label with Tenant s suite number to all roof top equipment serving their space. This shall include but may not be limited to HVAC equipment and exhaust systems. Labels shall be attached to the maintenance panel covers. 35. Electrical Connections Landlord has provided conduit to the premise s designated electrical panels and electrical room. Final connection to Landlord s panels must be coordinated with Belden Village Mall Management. The Electrical meter is the responsibility of the Tenant Contractor to procure and install from American Electric Power. 16 Revision date: 9/18/17

17 Tenant s Contractor is responsible for replacement of panel covers and work debris after completion. 36. Hot Work All work requiring open flames, excessive heat or sparks shall require a Hot Work Permit. This may be obtained through Belden Village Mall management. No open flame or welding work can be performed without first obtaining a hot work permit. 37. Landlord Punchlist After the Final Building Department Inspection, a member of the Tenant Coordination team will compile the Landlord Punchlist. The punchlist must be completed in its entirety within 5 days of issuance. The Superintendant must be present during the completion of the punchlist. 38. Corrective Work by Landlord If General Contractor fails to make any needed repairs or replacements within 5 days of written notice, Landlord shall have the option to complete the work at General Contractor s expense. Such work will include but not be limited to trash removal from common areas or the removal of stored items in service corridors. Costs incurred by the Landlord will be charged to the General Contractor. 39. Open Shop Requirements Belden Village Mall is open shop and not Union mandated. However, during the bidding process, the Union MUST be able to bid all parts of the job. 40. ADA Consultants Below is a list of potential consultants who purport to have knowledge related to compliance with the Americans with Disabilities Act. The landlord is providing this list of consultants as a courtesy; the landlord has no prior experience with the listed consultants and has not met with, interviewed, or otherwise assessed the qualifications, credentials, experience, or quality of these consultants. The landlord has no business affiliation or shared interests with the below listed consultants. The landlord does not assume any responsibility for the quality, qualifications, or experience of the below consultants, or their abilities to deliver services. If a tenant wishes to retain the services of any of the below-listed consultants, the tenant will need to do so directly and enter into an appropriate independent contract with the consultant for services. Bob Buck, AIA , bob@accessibilityusa.com, San Antonio, TX Jack Catlin, FAIA , jcatlin@lcmarchitects.com, Chicago, IL Frank Colby, AIA , frankcolby@msn.com, Lafayette, LA Bill Endleman, AIA , bill@endleman.com, Seattle, WA Logan Hopper, AIA , loganhopper@worldnet.att.net, Oakland, CA Mark Mazz, AIA , mark.j.mazz@verizon.net, Hyattsville, MD John Salmen, AIA , Takoma Park, MD Larry Schneider, AIA , larry@lmsarch.net, Miami, FL Ken Schonneover, PE , kmscodes@aol.com, Lansing, IL James Scott, RA , JamesScott@codeaccess.net, Birmingham, AL 17 Revision date: 9/18/17

18 Jim Terry, AIA , Birmingham, AL Soy Williams, AIA , Miami, FL 41. Close-out Package requirements The following items will be required as a Closeout Package to be submitted to Mall Management prior to opening the store. (See Exhibit D and D.2) a) Copy of the Original Certificate of Occupancy b) Copy of all inspection sign off sheets c) All required warranties d) Full set of construction as built drawings e) A certified air balance report f) Completed Landlord punchlist g) List of all sub-contractors and contract amounts h) Original notarized Unconditional Lien Waivers from all Sub-contractors i) Original notarized Unconditional Lien Waiver from General Contractor 18 Revision date: 9/18/17

19 Exhibit A Tenant Contractor Orientation Checklist Date: Space #: Tenant : Sq. Ft. Contractor: Project Mgr.: Superintendent: Superintendent: Signed Lease or Early Entry Letter Building Permit Insurance Certificate from Tenant and General Contractor (each policy is required to name the following as additionally insured verbatim) Space is free of all known hazardous substances (ACM, etc.) Deposit ($5,000) Including Non-Refundable ($2,500) Deposit ($1,500) Including Non-Refundable ($1,000) (Kiosks) Landlord s Final Approved set of Construction Drawings Permit set of Approved Construction Drawings Construction Schedule Contractor Contact List General Contractor acknowledges receipt of Construction Rules and Regulations Company: Name: Signature: Date: Belden Village Mall Name: Signature: Date: 19 Revision date: 9/18/17

20 Construction Contact Sheet - PART 1 Exhibit B Construction Contact Sheet - PART 1 Space No.: Tenant Name: Contractor Address: Main Office Tel. Main Office Fax: Project Mgr. Office Telephone: Office Facsimile: Cellular/ Pager: Superintendent: Field Telephone: Field Facsimile: Cellular / Pager: Landlord s Preferred Contractor Listing Electrical Hilscher-Clarke Electric th St. NW Canton, OH Abbott Electric INC Allen AVE. SE Canton, OH Schaub Electric Co. 501 Applegrove NW North Canton, OH Contact Todd Bergert Telephone Facsimile Contact- Mike Abbott Telephone Facsimile Contact- Mark Gold Telephone Facsimile Glass Stark Glass Inc. 409 N. Erie St. Massillon, OH Contact Mike Knight Telephone Facsimile Plumbing RT Hampton Plumbing & Heating 1225 Industrial Ave. NW Massillon, OH D & A Plumbing & Heating, Inc Portage St. NW North Canton, OH Doerschuk Plumbing & Heating 5021 Louisville St. NE Louisville, OH Contact Dennis Elliot Telephone Facsimile Contact Bill Malinowski Telephone Facsimile Contact Ron Berger Telephone Facsimile Revision date: 9/18/17

21 Sub-contractor / Supplier Listing Floors Company: Canton Floors Inc. Telephone: Address: 3944 Fulton Dr. NW Facsimile: Canton, OH Contact: Rollie Layfield Contract Amt.: Floors Company: Albert Flooring Telephone: Address: 3070 Fulton Dr. NW Facsimile: Canton, OH c.70@sbcglobal.net Contact: Christopher Albert Contract Amt.: Floors Company: Commercial Floor Covering Telephone: Address: 3372 Cormany Rd. Cell: Akron, OH Contact: Don Bradley Contract Amt$: Signs Company: McQueen Sign & Lighting Co. Telephone: Address: th St. NE Facsimile: Canton, OH Contact: Bob McQueen Contract Amt$: Signs Company: Archer Signs Telephone: Address: 1917 Hennery Ave. SW Facsimile: Canton, OH Contact: John Henry Contract Amt$: Steel Erectors Company: D&H Whipkey Const. Inc. Telephone: Address: 1621 Allen Ave. SE Facsimile: Canton, OH Contact: Contract Amt$: Steel Erectors Company: Meredith Erector & Crane Inc Telephone: Address: rd St. SW Facsimile: Canton, OH Contact: Contract Amt$: 21 Revision date: 9/18/17

22 Construction Contact Sheet - PART 2 PAINTING Company: Guist Decorators, Inc. Telephone: Address: 1801 Brownlee Ave SE Facsimile: Canton, OH Contact: Gary Guist Contract Amt$: PAINTING Company: Forbes Contracting Telephone: Address: 6622 Winfield Strasburg Rd. Facsimile: Strasburg, OH Contact: John Forbes Contract Amt$: DEMOLITION Company: Royal Gem, Inc. Telephone: Address: PO Box 457 Facsimile: Malvern, OH Contact: Jim Strabley Contract Amt$: DEMOLITION Company: Emerald Building Company LLC Telephone: Address: Facsimile: emeraldbldco@gmail.com Contact: Dameon Wasniak Contract Amt$: GENERAL CONTRACTORS/CARPENTER Company: Address: Hammond Const Park Ave SE Telephone: Facsimile: Canton, OH Contact: Dale Ackerman/John Sommers Contract Amt$: GENERAL CONTRACTORS Company: Fred Olivieri Const. Co. Telephone: Address: 6315 Promway Ave. NW Facsimile: N. Canton, OH Contact: Fred/Dean Olivieri Contract Amt$: Company: Address: Contact: GENERAL CONTRACTORS Telephone: Facsimile: Contract Amt$: 22 Revision date: 9/18/17

23 HVAC Company: HYBRID Heating & Cooling LLC Telephone: Address: 3241 Massillon Rd. Suite B Facsimile: Akron, OH Contact: Contract Amt$: HVAC Company: R.T. Hampton Telephone: Address: 1225 Industrial Ave SW Facsimile: Massillon, OH kirk@rthampton.com Contact: Kirk Fry Contract Amt$: HVAC Company: Crown Heating & Cooling Telephone: Address: 7801 Freedom Rd. Facsimile: North Canton, OH Contact: Contract Amt$: HVAC Company: Elite Air LLC Telephone: Address: Edgewater Drive Suite #214 Facsimile: Lakewood, OH jeffeliteair_ohio@yahoo.com Contact: Jeff Greenberg Contract Amt$: Voice Data/Camera Systems Company: DataVoice Solutions Telephone: Address: 831 Market Ave. N, Suite 201 Facsimile: Canton, OH dkuhar@datavoicesolutions.com Contact: Debbie Kuhar Contract Amt$: 23 Revision date: 9/18/17

24 Exhibit C Fee Schedule The following fees are to be paid in advance: $2,500 Non-refundable Deposit $1,000 Non-refundable Deposit (Kiosk) $1,000 Coordination Fee $ Temporary Electrical Power per Day $ Sprinkler Shut Down Per Occurrence $20.00 PSF Mall Tile per Square Foot $50.00/DAY Construction Dumpster Fee Barricade Install, Graphics, & Removal $100 Fire Alarm Connection Fee $ 250 Electric Shutdown Fee $ 50 $ 400 per day $35.00 Mall Supplied Paint Fire Watch During Demolition Back Door Sign TENANT: Company: Name: Signature: Date: Belden Village Mall Name: Signature: Date: 24 Revision date: 9/18/17

25 Exhibit D Tenant Contractor Documentation Space No.: Tenant Name: Contractor: Address: Attention: Main Office Tel. Main Office Fax: Copy of the Original Certificate of Occupancy Copy of all inspection sign off sheets Full set of Construction As Built Drawings Certified Air Balance Report Completed Landlord Punchlist List of all sub-contractors and contract amounts Original notarized Unconditional Lien Waivers from all Sub-contractors Original notarized Unconditional Lien Waiver from General Contractor Exhibit D.2 Tabulation Company: Name: Name: Belden Village Mall Signature: Date: Signature: Date: 25 Revision date: 9/18/17

26 Tenant Contractor Infraction Log - Page 1 Exhibit D.2 Tenant Contractor Infraction Log Space No.: Tenant Name: Contractor Address: Main Office Tel. Main Office Fax: Project Mgr. Office Telephone: Office Facsimile: Cellular/ Pager: Superintendent: Field Telephone: Cellular / Pager: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: Date: Name: Section #: Infraction: Fine Amount: Description: TC Signature: 26 Revision date: 9/18/17