Tenant Handbook Rev 11/22/17

Transcription

1 Tenant Handbook Rev 11/22/17

2 Table of Contents 1. GENERAL PROJECT INFORMATION Center Fact Sheet o Address & Contact Info Important Bidding Information Important Contact Information Important Telephone Numbers Utility Information Required Subcontractors 2. TENANT IMPROVEMENT INFORMATION Plan Submission Requirements for Landlord Approval (Retail Tenant) Plan Submission Requirements for Landlord Approval (Food Court Tenant) Building Department epermits & eplans Submitting to the building department Building department permit process Tri-County Health Department Contractor Licensing & Registration Top 10 Reasons for Landlord to Reject Tenant Plans 3. DESIGN CRITERIA LEED Construction guidelines Design Criteria Notes Storefront Security System Display Lighting at Storefront Soffit Requirements Roof Mounted Solar Panels Door Hardware Schedule Landlord Work Letter (Vanilla Box) Construction Rules (to be signed by tenant contractor) Satellite Dish Information

3 Project Fact Sheet Project Address LANDLORD: ON-SITE CONSTRUCTION OFFICE: Grant Street Thornton, CO SIMON Premium Outlets 60 Columbia Road Bldg. B, 3 rd Floor Morristown, NJ Main Office (973) Denver Premium Outlets Trailer Address: Denver Premium Outlets Construction Trailer Grant St Thornton, CO FOR TENANT ADDRESSES PLEASE ADD YOUR SUITE NUMBER TO PROJECT ADDRESS ABOVE TENANT MANAGER: Alina McFarlane Almcfarlane@simon.com T (862)

4 Important Bidding Information Frequently Asked Question s Is this a union job? Merit Labor (Open shop) Is there a tenant handbook with rules and regulations? Yes, please visit Are there any required subcontractors? Yes they are in the handbook. What are the insurance requirements? See handbook for an example and additionally insured requirements. Please make sure the amounts are equal or greater that what we require. We ll also need a copy of your workers compensation. Where can I find signage criteria? All tenants will be notified once the signage criteria is ready and posted to SIMON.com Are there any construction deposits needed? No deposits. Are there any non-refundable fees? Yes there is a trash fee of $1.00/SF of the entire tenant space. Is there a sprinkler shut down fee? Any sprinkler fees will be in the proposal from required sprinkler subcontractor. Can we visit the jobsite? No, this is a brand new center still under construction with all base building drawings posted online on Buzzsaw (see details below). What building is my suite in? The first number of the suite is the building number. What is needed to start construction? See handbook or the Information Sheet in your set of plans. What is the address? If you need to send a package to the jobsite, the mailing address is: Trailer Address: Denver Premium Outlets Construction Trailer Grant St Thornton, CO FOR TENANT CRITERIA AND CONSTRUCTION DRAWINGS, PLEASE ACCESS OUR WEBSITE VIA OUR BUZZSAW. To access Buzzsaw, you will be receiving an from Autodesk Project Point (not Simon). This will contain your user name as well as a website link for your initial set up and installation. Once you are in the site, you will be asked to create your own, unique password which must be at least 8 characters long and which must contain one (1) capital letter and one (1) number. You will also see instructions for navigating through the site. Attached below please find a copy of the Buzzsaw Site Member Help Guide, for your reference and use. If you have not yet received your welcome to sign on to Buzzsaw, please contact Betsey Davis- McCoy at: bdavismccoy@simon.com she will add you to the Buzzsaw site and a confirmation will be sent to you. Project Information Sheet Will be posted to Buzzsaw soon. The Project Information Sheet MUST be a part of your Tenant Design Drawings submittal. This MUST be the second page of your submitted drawings, after the cover sheet. Plans will be REJECTED if this page is missing.

5 Important contact information City of Thornton Building Department 9500 Civic Center Drive Thornton, CO (303) Tri-County Health Department Tri-County Health Department, 6162 S. Willow Drive, Suite 100, Greenwood Village, CO Utilities Electric, Water, Gas Master metered (Nothing needs to be done by the tenant) Trash Tenant contractors are to pay $1.00/SF for trash containers. Phone - TBD List of Required Subcontractors FIRE SPRINKLERS: Rapid Fire Protection, INC Chad Johnson 1650 Jasper ST, Unit H Aurora, CO Office (866) Cell (303) chadj@rapidfireinc.com FIRE ALARM: Hi-Tech Electric Joe Hunter 7006 S. Alton Way BLDG E, Suite 200 Centennial, CO (720) joe@hi-tech-electric.com ROOFER: The Ramos Roofing Company Cindy Hart PO Box 535 Erie, CO Cindy@ramosroofing.com STOREFRONT: Architectural Concepts Jeff Emery (2724) jemery@archconceptsllc.com

6 Plan Submission Requirements for Approval (Retail Tenants) Please provide Landlord with the following information for LL review: Retail Tenants: One (1) full set of 11 x17 plans o At minimum, the following sheets are required for LL review: Title Sheet To include at MINIMUM: Name & Address of project including suite number Location Map/Site Plan (can be downloaded off buzzsaw) Contact name, number AND address for Owner/Tenant Contact name, number AND address for Tenant Architect Drawing index with revision dates Applicable Building codes Info Page This can be found on Buzzsaw and must be included directly behind the cover page Floor plan Fixture plan Reflected ceiling plan Necessary Plumbing/Electrical/Mechanical Structural If applicable (i.e. adding/moving/replacing a roof top unit or hanging/attaching something from the bottom roof chord) CAD file(s) containing the floor plan and reflected ceiling plan A full set of plans in PDF format. Each suite has two electrical panels, one with 277/408 volt, a transformer, and one panel 120/208 volt. Electrical service is master metered so there is NO NEED TO CALL AND ASK FOR A METER NUMBER. You can send the CAD and PDF files via as an attachment or an external link directly to the Tenant Manager or mail them on a CD. Your tenant improvement drawings must be approved by Landlord prior to submitting for permit. Please allow 5-10 working days for Landlord review. Be aware that we do NOT do preliminary reviews unless you have a specific question about something. Also, be advised that you will be receiving a plan approval letter and NOT be receiving a stamped set of plans. Landlord will require you to submit your Tenant Improvement plans to the required Fire Alarm and Fire Sprinkler Contractors. They will take your plans and modify them accordingly, then submit to the Building Department/Fire Department on Tenant s behalf. Do not delay in this process as you will not receive a permit without these submissions and approvals.

7 Plan Submission Requirements for LL Approval (Food Court Tenants) Please provide Landlord with the following information for LL review: Food Court Tenants: One (1) full sets of 24 x 36 plans At minimum, the following sheets are required for LL review: Title Sheet To include at MINIMUM: Name & Address of project Location Map Contact name, number AND address for Owner/Tenant Contact name, number AND address for Tenant Architect Drawing index with revision dates Building codes Info Page This can be found on Buzzsaw and must be included directly behind the cover page Floor plan Elevations Reflected ceiling plan Mechanical Electrical Plumbing Structural for new roof openings and added rooftop equipment CAD file(s) containing the floor plan and reflected ceiling plan A full set of plans in PDF format. 1 Sample board with actual samples (Pictures do not count) Landlord will require you to submit your Tenant Improvement plans to the required Fire Alarm and Fire Sprinkler Contractors. They will take your plans and modify them accordingly, then submit to the Building Department/Fire Department on Tenant s behalf. Do not delay in this process as you will not receive a permit without these submissions and approvals.

8 Submitting to Building Department Expedited plan reviews are NOT available for Denver Premium Outlet tenants. When submitting for permit all trades needs to be listed on form, if known at time of submittal The City webpage contains a list of licensed local contractors for your use. Submitting Plans: Building Permit Application (copy to follow) can be obtained at the City of Thornton webpage: Click Services and scroll down to Building Permits/Inspections then down to forms. Building Inspection Division The Building Inspection Division is responsible for the Plan Review, Permit Issuance and Inspection of new construction projects and remodel of existing structures in the City of Thornton. Office Hours are 8 a.m. to 5p.m. Monday through Friday. Payments accepted from 8 a.m. to 4:30 p.m. Inspections Schedule your inspections using the Inspection Request Line Inspections scheduled between 7:00 a.m. and 7:00 p.m. will occur the following business day. You can also schedule your inspection using Thornton Connected. Click on the Schedule Building Inspection link and follow the instructions. You can scheduler your inspection up to 6:30 a.m. for inspection THAT day. Please have the following information in this order when scheduling your inspections: Permit Number Project Address Type of Inspection Advise if Re-inspection Consultation inspections are available to any permit holder. Simply schedule it as you would any other inspection. Permit Information A building permit is required any time you erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish, or change the type of occupancy of any building, structure or utility. For a list of projects that require a permit and a list of projects that do not require a permit, click on the Building Permit Requirements link listed under the Permits, License Application section of the links on the City of Thornton webpage.

9 Permit Issuance Once all approvals have been completed, the application is prepared for permit issuance by the permit technician staff. They will verify that all contractors are currently licensed, all permission forms have been received and calculate the permit fee. Once this is complete, you will be notified that the permit is ready for issuance. Following payment of fees, you will receive the building permit, permit card and the field set of plans. Please check the City of Thornton webpage for current codes adopted by the City. The City of Thornton is requesting that plans be submitted electronically through their portal: (Instructions are on the following pages.) Plans should include: Completed permit application Construction drawings including a code analysis on the title page, floor plan, wall sections, electrical one line, mechanical plan, plumbing plan (unless not adding any plumbing fixtures), special systems plans (if any), exterior changes will require elevations plans, and a site plan showing the location of the project in relation to the rest of the building and parking areas. All plans are required to bear the original seal and signature of a design professional. All plans shall be to a scale matching the scale referenced on the plan. Special Systems plans would include but not limited to fire rated assemblies, fire stopping, fire/smoke dampers, hood systems and grease traps/interceptors. Structural calculations (if necessary). Fire protection systems plans shall be submitted to the Building Division by Landlord Required Fire Sprinkler Contractor, Rapid Fire, and will be required prior to issuance of the permit. Be sure to send pdf and CAD versions of the plans to Rapid Fire with sufficient time to allow them to modify the shell system to conform to Tenant s design so it does not hold up issuance of the building permit. Specifications for exit door hardware must be included. Specifications for the hardware that Landlord will be providing will be available from Simon s Buzzsaw site. Mechanical COM-Check report will not be necessary unless Tenant is adding an RTU. The interior lighting section of the COMcheck (or proof of compliance with IECC) will be required of each tenant. Water meter form will not be required as Tenants will not have individual water meters. Plans should also include: o Name, address and unit/suite number of the Tenant space. Center Address: Grant Street, Suite #, Thornton, CO Contact information for all of the design professionals of record Code analysis shall include but not be limited to: occupancy group, type of construction, number of stories (Center will be single story buildings), actual floor area, allowable area calculation, occupant load, number of exits and total exit width and required plumbing fixture calculation (if adding plumbing fixtures)

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16 Tri-County Health Department Administration Office 7000 E. Belleview Ave. Suite 301 Greenwood Village, CO (303) SEE FOOD INFO PACKET FOR DETAILED FOOD TENANT INFO

17 Contractor Licensing & Registration Licenses From the City: The City of Thornton requires licensing for all contractors involved in the construction, alteration, remodeling, repairing and equipping of buildings and structures; installation of underground utilities; construction of roads and streets and construction of all City-owned water, sewer and storm drainage facilities. Applicants for Class A General, Class B Building, Class C Residential, Class D Mechanical and Class D Roofing License are required to provide proof that they are qualified to perform the work under that License Class. The City currently accepts a current valid contractor license from a reciprocating jurisdiction or a Contractor License Certification from the International Code Council for the currently adopted code. For the requirements of each License and for a list of jurisdictions that we reciprocate with, please refer to the Contractor License Application Packet. Please note: The City of Thornton does not require proof of insurance to obtain a license. Please do not send us your insurance information. Plumbers and Electricians All plumbers and electricians working at the Denver Premium Outlets center need to have a current valid State of Colorado license and their Master s license. General Contractors and Mechanical Contractors General Contractors and Mechanical Contractors working at the Denver Premium Outlets center are required to provide a City of Thornton license or proof that they are qualified to perform work under that license class. The City of Thornton accepts a current valid contractor license from a reciprocating jurisdiction. Ansul System Installers All Ansul System Installers working at the Denver Premium Outlets center need to be licensed in the state of Colorado. If you have any questions about licensing please call the Building Inspection Division at (303) , or buildings@cityofthornton.net. Additional information is available at the Building Inspection Division page. All persons working in the City of Thornton must apply for a Business License.

18 Top Reasons for LL to Reject Tenant Plans 1. Missing Cover Page or incomplete cover page. At minimum the cover page should have: Name & Address of project Location Map Contact name, number AND address for Owner/Tenant Contact name, number AND address for Architect Drawing index with revision dates Building codes Missing Information Page directly behind the cover page (found on Buzzsaw) 2. Storefront display light fixtures are visible from the exterior. You CANNOT mount any light fixtures to the bottom of the soffit. 3. Tenant altering LL provided sign circuit or installing their own. 4. Incorrect electrical panel location and/or size. 5. Supporting/hanging from the bottom chord of the roof truss. 6. New/relocating roof top units without supplying structural drawings. 7. Installing shelving or walls up against the storefront. (must remain a minimum 18 back) 8. Architectural and MEP s not received at the same time.

19 Design Criteria

20 Design Criteria Notes Each suite has been provided with a stub for a mop sink if required. Consult plumbing drawing Sheet P0003 Enlarged Floor Plans Plumbing, for reference. Review Sheet E1016 Emergency Communication Enhancement System. Some suites have devices that are mounted to the underside of the deck. These devices should not be painted, relocated or modified in any way. A ceiling can be installed beneath them as long as they are not tampered with. Buildings 4 and 5 have roof mounted solar panels. Be aware if any roof mounted equipment is contemplated. If so, must be approved by Landlord beforehand. Storefront metal color can vary by building. Carefully review Exhibit E LEED Design Guidelines contained herein. Vestibules or air curtains will be required for spaces 3,000 s.f. and larger. Air curtains should be mounted above storefront door transom. Design accordingly. The City of Thornton may require you to list door hardware on doors that have been installed by Landlord. For your use, a copy of the pertinent Hardware Schedule is contained herein.

21 LEED Construction Guidelines Tenant hereby acknowledges that the Premises are located in a building which is LEED certified. In order to maintain such certification, Tenant shall comply with the following requirements: 1. Water Efficiency: The Building plumbing fixtures installed by the Landlord reduce water usage and it is not expected that tenants will add any additional plumbing fixtures or modify the plumbing fixtures installed by the Landlord within their space. The following criteria apply if tenant adds or replaces any of the plumbing fixtures within their premises; a. All water closets must be dual flush with a maximum flow rate of 1.28/.9 gallons per flush. b. All urinals must have a maximum flow rate of.125 gallons per flush c. All lavatory faucets must be metered or auto-controlled with a maximum flow rate of 0.5 gallons per cycle, based on a 12-second duration cycle. d. All kitchen sink fixtures must have a maximum flow rate of 2.0 gallons per minute. (WE (Water Efficiency) Prerequisite 1: Water Use Reduction 20% Reduction and Credit 3: Water Use Reduction By complying with the requirements above, any optional tenant improvements to plumbing fixtures installed by the Landlord will maintain the water usage reduction achieved by the Building per WEp1 and WEc3 of the LEED Reference Guide for Green Building Design and Construction, 2009 Edition.) 2. Lighting Performance; The following criteria apply to all tenant installed light fixtures within the leased premises; a. The maximum lighting power density to be installed by the tenant within the tenant retail spaces shall not exceed 1.26 watts per square foot per IECC This value shall include all of the lighting system components (lamps, ballasts, task lighting, etc.). (EA (Energy and Atmosphere) Prerequisite 2: Minimum Energy Performance and Credit 1: Optimize Energy Performance By complying with the requirements above, the tenant improvements shall contribute to the improvement in building performance rating as compared with the baseline building performance rating per EAc1, Option 1, of the LEED Reference Guide for Green Building Design and Construction, 2009 Edition) 3. Refrigerant Management; The Building heating, ventilating, air conditioning, and refrigeration (HVAC&R) systems installed by the Landlord for all tenant spaces do not use chlorofluorocarbon (CFC) based refrigerants. Any tenant modifications, repair, or additions to the building HVAC&R systems shall not use CFC based refrigerants. (EA Prerequisite 3: Fundamental Refrigerant Management per EAp3 of the LEED Reference Guide for Green Building Design and Construction, 2009 Edition) 4. Indoor Air Quality; The Building HVAC systems installed by the Landlord for all tenant spaces demonstrate compliance with the minimum requirements of Sections 4 through 7 of ASHRAE Standard , Ventilation for Acceptable Indoor Air Quality (with errata, but without addenda).any tenant modifications or additions to the shell HVAC systems shall also demonstrate compliance with this standard. (EQp1 of the LEED Reference Guide for Green Building Design and Construction, 2009 Edition.) 5. Environmental Tobacco Smoke Control; Tenant shall prohibit smoking within 25 feet of entries, outdoor air intakes, and operable windows. Landlord installed signage at all regularly used exterior tenant entries will be provided to comply with this requirement. (EQp2 of the LEED Reference Guide for Green Building Design and Construction, 2009 Edition.)

22 Storefront Security System Written Criteria: Storefront Design Control Zone The Tenant Storefront Design Control Zone is the area of the store extending from the storefront lease line into the store a minimum of five feet (5-0 ) across the entire width of the store. Since the appearance of this zone is critical to the overall store appearance, design solutions, and materials are expected to be of the highest quality. The design zone will be closely reviewed by Landlord for design and use. Security systems shall be fully concealed. Gate style or stanchion security systems are not permitted if visible from the mall. Security cameras, vision panels, or bubbles shall not be exposed to public view in the Design Control Zone. Purpose of Criteria: The Landlord s Storefront and Design Control Zone criteria (first 5 into the store) requires tenants to design their stores to a high level of quality and finish so that the visual and aesthetic impact on the customer enhances the shopping experience and differentiates the image of Simon as being the best place to shop. While we recognize that store security is important, we feel that free-standing pedestal (or stanchion) systems produce a negative connotation, are confrontational, are detrimental to impulse sales (by creating a threshold affect) and generally detract from the shopping experience. Accordingly, while we do allow concealed and discreet systems (such as Digital Door-Max ), pedestal systems are not allowed. To quote Sensormatic: Pedestals can provide visible deterrence while concealed systems offer more discreet protection for upscale retail environments. Examples: Not Acceptable Acceptable

23 Storefront Security System (cont.) Product Description: Storefront EAS (Electronic Article Surveillance) security systems and devices come in a variety of types. Sensormatic is probably most popular and can be found on the below URL (Sensormatic s discreet and concealed systems are acceptable: (

24 Display Lighting at Storefront Soffit Allowed (Mounting to bottom of ceiling) Allowed (Mounting to back side of storefront soffit) Visible Visible Not Allowed (Mounting to bottom of storefront soffit) Not Allowed (Mounting to bottom of storefront soffit)

25 Roof Mounted Solar Panels See below for solar panel locations Nothing can be mounted on the roof that would conflict with the solar panels on Bldgs 4 & 5

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28 Typical Vanilla Box Landlord Work Letter

29 DENVER PREMIUM OUTLETS LANDLORD S WORKLETTER 8/15/17 These specifications are prepared to aid Tenant in the coordination and approval of Tenant s improvement plan. Tenant should refer to the building floor plans and confirm all measurements and as-built conditions by visual inspection of the Demised Premises before starting construction. In cases where these specifications are in conflict with Landlord s completed building plans or completed buildings, information contained in the building plans or completed buildings shall take precedence over these requirements. All work to be done by Tenant must be approved in writing by Landlord prior to the start of construction, and must be coordinated so as to not interfere with Landlord s construction. Tenant s contractors must be approved by Landlord prior to the start of construction. In any jurisdiction where union labor is customary, Landlord may, as a condition of its approval of any and all Tenant contractors, require that such contractors be union contractors in order to facilitate the timely completion of the Shopping Center and Tenant s Work. In the event Landlord requires union labor, there will be no exceptions. The area of the Demised Premises as shown on the plans have been calculated to the exterior face of exterior walls and to the centerline of demising walls between Tenant spaces. Tenant agrees that areas noted on the drawings are accurate. A. LANDLORD S WORK 1. Shell - To include structural frame, roof, roofing and tilt-up concrete exterior walls. 2. Storefront - Standard single glazed aluminum and glass entry with two single-acting 3 0 entry doors complete with all standard hardware, in accordance with Landlord s design. Any alterations and/or deviations to the storefront must be requested in writing by Tenant and be approved by Landlord. Suites over 7,500 s.f. to have double rear doors. 3. Rear Door - When the Demised Premises extend to rear wall, Landlord to provide single hollow metal service door of 3 0 x 7 or as required by code (to include standard lock keyed to match storefront entry door). 4. Floor - Concrete slab on grade. Floor covering by Tenant. Tenant s flooring contractor is responsible for minor floor patching in accordance with good installation practices and is responsible for determination of compatibility of flooring products and/or adhesive with Landlord s concrete slab. Tenants choosing to install moisture sensitive flooring (including, but not limited to, the types of flooring listed below) are advised to consult with an engineering professional to determine the appropriate type of concrete sealer for use under the finish flooring material: 1. Epoxy, Polyurethane and Acrylic floor coating; 2. Vinyl composition tile and vinyl backed sheet flooring; 3. Linoleum tile and linoleum sheet flooring; 4. Rubber flooring; 5. Wood flooring;

30 6. Broadloom carpet, carpet tile and vinyl backed carpet; 7. Resilient safety flooring; 8. Resilient sheet flooring; 9. Resinous flooring systems. Landlord does not accept responsibility for water vapor emissions through the slab that may exceed flooring manufacturer s recommendations, or which may occur as a result of saw cutting of its slab by Tenant or its contractor(s). Should Tenant choose to saw cut the concrete slab for placement of power and communications conduits or other under slab items, then Tenant or Tenant s contractor must repair the crushed rock, vapor retarder and concrete slab in accordance with Landlord specifications noted in Tenant Handbook. 5. Demising Partitions - Common wall of the Demised Premises. (a) (b) (c) Metal Stud framing of the walls to extend from floor to roof deck. 5/8 gypsum board to underside of decking, taped and sanded, no primer or paint. If demising wall is concrete, it will be furred out with 5/8 gypsum board to underside of decking. 6. Exterior Side Walls of Building Wood or metal frame side exterior shell walls will have 5/8 gypsum board, to height that meets local code requirements, taped and sanded, no primer or paint. Concrete and/or concrete block, will be furred and then have 5/8 gypsum board, to height that meets local code requirements, taped and sanded, no primer or paint. 7. Ceiling no ceiling, open to underside of structure 8. Heating, Ventilating and Air Conditioning (HVAC) - Installation of an RTU per Landlord s plan specifications of approximately one (1) ton of heating/cooling capacity for every 350 square feet of leased area. If Tenant s requirements are in excess of the above (due to any factors such as additional lighting, etc. that affect energy code compliance), Tenant shall pay for the cost of the necessary energy code recalculations and compliance requirements and any additional HVAC equipment and its installation. Landlord will provide basic thermostat controls and plenum drops only. The RTU s will be placed in a location determined by the Landlord. Tenant must verify location of the RTU prior to design of space. The Tenant will be responsible for installing the thermostat which will be left suspended from the ceiling with ample wiring and any ductwork Tenant deems necessary. Any repairs or failed installations resulting from incomplete or inadequate relocation shall be the Tenant s responsibility. Landlord provides a remote reset with indicator light for RTU smoke detectors; Tenant responsible to permanently mount the reset as necessary. 9. Electrical

31 (a) Landlord will install an electrical service based on the square footage of the Demised Premises as outlined below: Suites less than 3,500 sq. ft amp, 277/480 volt, 3 phase, 4 wire with 30 kva transformer and 100 amp, 120/208 volt, 3 phase, 4 wire Suites 3,501 sq. ft. to 7,000 sq. ft amp, 277/480 volt, 3 phase, 4 wire with 30 kva transformer and 100 amp, 120/208 volt, 3 phase, 4 wire Suites 7,001 sq. ft. to 14,000 sq. ft amp, 277/480 volt, 3 phase, 4 wire with 75 kva transformer and 200 amp, 120/208 volt, 3 phase, 4 wire Suites 14,001 sq. ft. to 21,000 sq. ft amp, 277/480 volt, 3 phase, 4 wire with 75 kva transformer and 200 amp, 120/208 volt, 3 phase, 4 wire Suites 21,001 sq. ft. to 28,000 sq. ft amp, 277/480 volt, 3 phase, 4 wire with 75 kva transformer and 200 amp, 120/208 volt, 3 phase, 4 wire (b) (c) (d) Flush mounted duplex convenience outlets installed within the Demised Premises, one per each 25 lineal feet of the demising wall excluding the rear wall within the Demised Premises, as shown on Landlord s plan. Floor outlets are not furnished. Emergency lights only if required by code. One sign circuit with wire and junction box at storefront. 10. Utilities (a) Electrical - Electrical service shall be brought to Tenant distribution panel. Tenant will assume responsibility for electric charges on the earlier of (i) the turnover date or (ii) if Tenant or Tenant s contractor takes possession of the space earlier, the start of the Tenant s work. Tenant shall make application for electrical service in Tenant s name, and be responsible for any and all deposits. In any Shopping Center where Landlord is providing electricity directly to tenants, Tenant will be charged a one-time fee for the costs associated with calculating Tenant s projected energy usage. Non-negotiable cost not to exceed $300. (b) Gas If applicable, piping shall be provided by Landlord for gas service to the HVAC unit(s). Any additional gas piping to increase the service shall be at Tenant s expense. Tenant is responsible for cost either (i) at the time of turnover, or (ii) prior to the start of the Tenant s Work, whichever is the earlier date. Tenant shall make application for gas service in Tenant s name and be responsible for any and all deposits.

32 (c) Telephone - Telephone service will be provided to a backboard in a common area of the building; one, 2 inch telephone conduit with pull-string will be provided from the common area backboard to the Demised Premises and stubbed out to rear of Demised Premises or a telephone distribution cable located above the ceiling in the rear of the Demised Premises. Tenant shall arrange for all wiring from the backboard to the Demised Premises and any further interior distribution. This includes any and all deposits. (d) Water - Piping shall be provided by Landlord for domestic cold water service to Tenant bathroom. Any additional water or sewerage piping or increase to service size shall be at Tenant s expense. The Landlord may provide recycled water to the toilet and urinals throughout the project. Landlord may elect to provide utilities directly to tenants via a master meter, with or without submetering the individual tenant spaces. In such event, Tenant will be billed, directly by Landlord for electricity, gas if applicable or such other utility as Landlord elects to supply. 11. Restroom (a) Landlord shall provide one (1) restroom in an area designated by the Landlord located on the rear wall of the Demised Premises. Suites 5,000 s.f. or larger shall have two (2) restrooms. Restroom(s) are to comply with applicable accessibility codes. (b) Restroom shall be furnished with ACT ceiling at 8 a.f.f., water closet, wall mounted lavatory, electric Insta-Hot type water heater, mirror, toilet paper holder, vinyl flooring, cove base, exhaust fan, light with switch and painted walls. 12. Building Monitoring System and/or Fire Alarm System (a) (b) (c) An automatic fire sprinkler system and/or fire alarm system will be provided to the extent required for an unoccupied shell space, as dictated by applicable building codes, local ordinances and the underwriting authority selected by Landlord. Tenant shall pay for all alterations and/or additions to the building monitoring and/or fire alarm system required to meet the requirements of any applicable building codes, local ordinances and Landlord s underwriting authority as constructed pursuant to the Tenant s approved construction plans, including design fees. Tenant acknowledges that, in almost every instance, Tenant will incur expense under this provision due to the fact the Landlord s design and installation is based upon an unoccupied shell. ALL BUILDING MONITORING AND/OR FIRE SPRINKLER SYSTEM ALTERATIONS AND/OR ADDITIONAL WORK MUST BE PERFORMED BY LANDLORD S SPRINKLER AND/OR FIRE ALARM CONTRACTOR AT TENANT S EXPENSE. All sprinkler plans are subject to the review and approval of Landlord s sprinkler consultant, for which Tenant will be charged a, non-negotiable, one-time review fee not to exceed $350.

33 13. Blade Sign - Landlord assumes responsibility for the design, fabrication and installation of the blade sign and blade sign bracket and shall bill cost of the Blade Sign to Tenant. Landlord will be responsible for the cost of the bracket. Location of sign shall be over or adjacent to Tenant s front entrance, as determined by Landlord in accordance with Landlord s signage criteria and as building conditions dictate. Tenant to provide camera ready artwork or electronic file to Landlord per Landlord s schedule. B. TENANT S WORK All other items of work shall be performed by Tenant at Tenant s expense in accordance with Tenant s final plans and specifications, as approved by Landlord, commencing upon substantial completion of Landlord s Work. Tenant s Work shall include, but shall not be limited to, the purchase, performance and installation of the following items. Tenant s Work shall include all necessary architectural, engineering or design related fees, code related items, permits, special assessments or taxes relating to Tenant s Work. 1. Signs: Tenant shall have fabricated and installed at the Tenant s expense, suitable identification sign or signs of such size, design and character as Landlord shall designate and/or approve. Location of all signs shall be determined by Landlord. Location criteria shall include proximity to Tenant s primary entrance and suitability with architectural motif. All signs shall be in accordance with the signage policy or sign criteria established by the Landlord and shall be installed prior to Tenant opening at a place or places designated by the Landlord. Tenant/Tenant sign contractors must provide watertight installations on exterior and interior penetrations, and cleanup of all finished surfaces. Tenant shall also be responsible for all costs associated with sign lighting. In order to assure consistency and timely installation, Landlord reserves the right to make final connection to sign circuit on behalf of the Tenant, if Tenant sign installer or contractor does not make final connection, and to charge the cost back to Tenant. Tenant shall submit for Landlord s approval one (1) shop drawing at least 60 days prior to the scheduled opening of the Shopping Center. PLANS WITH SPECIFICATIONS FOR SIGNS SHALL BE SUBMITTED FOR APPROVAL BY LANDLORD BEFORE FABRICATION.

34 2. Interior Partitions Tenant shall be responsible for any and all interior partitions, including stockroom partition and exit corridor, as well as any and all drop walls, curtain walls, lowered ceilings, soffitted areas, light covers, show window platforms, store fixtures, furnishings and accessories. 3. Plans and Specifications - Tenant shall prepare plans and specifications for the interior improvements to the Demised Premises showing in detail the nature and scope of work to be done by Tenant. Drawings, specifications and samples must be submitted to Landlord as follows: a. Final Working Drawings one set of bond prints 24 x 36 format. Also a digital copy (autocad, AND pdf format) b. As builts digital copy (pdf preferred format) 4. Permits: Local Code Requirements - Tenant s Work must comply with all applicable building codes, state and local ordinances for Tenant s Work. Tenant shall be responsible for securing, at its expense, all required permits before commencing work. Tenant shall also be required to meet all state and local energy regulations, at Tenant s expense and shall be responsible for any additions, modifications or improvements to the Demised Premises required by local code, including, but not limited to mop sinks, water fountains or coolers, additional restrooms, entrance vestibules, egress corridors, and the like. 5. Tenant Contractor - NO WORK SHALL BE DONE ON THE DEMISED PREMISES BY TENANT UNTIL LANDLORD HAS APPROVED TENANT S PLANS AND CONTRACTOR IN WRITING. In instances where Tenant s Work may coincide with Landlord s completion of the Shopping Center (as is the case of new centers or new phases) Tenant s contractor shall work in conjunction with Landlord s building contractor so that Tenant s contractor does not interfere or delay the construction process of Landlord s building. Tenant s contractor must perform the work in such a manner as not to cause harm to Landlord s Work, delay the progress of such work or create conflicts with labor organizations. Landlord reserves the right to cause the removal of the Tenant s contractor if any such labor problems arise. Tenant s contractor must keep the area, HVAC system and restroom clean and free of dust and debris, with a minimum of noise and interruption to the Common Areas of the Shopping Center. Tenant s contractor is responsible for keeping interior and exterior areas clean of construction debris at all times. If the Tenant contractor fails or refuses to keep these areas clean at all times, Landlord reserves the right to clean these areas at Tenant s expense. 5. Temporary Utilities - Prior to the commencement of Tenant s Work, Tenant shall make application to all appropriate utility companies and place all meters for the Demised Premises in Tenant s name. Tenant is responsible for all utility charges for the Demised Premises beginning with the turnover of the space from Landlord or the start of construction, whichever is the earlier of the two. If permanent power or telephone lines are not available for any reason at Tenant turnover, it is the responsibility of the Tenant/Tenant contractor to provide temporary construction power and temporary phone service (e.g., cellular service, etc.).

35 6. Trash Removal - The Tenant/Tenant Contractor will be responsible to contribute to the refuse service that will be established for the project. A non-negotiable, one-time charge of $1.00 per square foot will cover costs of waste removal during Tenant s construction period. Tenant must use designated areas for location of refuse containers and must keep surrounding areas free from debris and trash. 7. Special Requirements for Roof Penetrations/Slab Grade Cutting and Patching - Any work, including, but not limited to, cutting, venting, sign installations or duct installations, which involves cutting into, or penetrating in any manner, the existing roof structure and/or roofing material MUST BE PERFORMED BY LANDLORD S ROOFING CONTRACTOR AT TENANT S EXPENSE. Tenant shall not permit its contractor or any subcontractor to perform such work. Tenant shall be liable for all damage resulting from unauthorized roof penetrations and their consequent effect on the integrity of the roof and its guarantee by the manufacturer or roofing contractor. Any work which involves penetration of the building slab, shall be repaired per the replacement details and methods contained in the Tenant Handbook including the patching of the Stego and waterproof sub-slab vapor membrane. 8. Tenant Handbook Tenant is responsible to fully comply with all rules, regulations, and information contained in the Denver Premium Outlets handbook. 9. Insurance - Tenant should make early arrangements with an insurance company to provide the coverage required within the Lease. Prior to the start of Tenant s Work, Landlord, or Landlord s Insurance Agent, must receive the certificate(s) of insurance required under the Lease (i.e., insurance required for Tenant and insurance required for Tenant contractors). Insurance Requirements. Prior to commencement of Tenant's Work and until completion thereof, or commencement of the Lease Term, whichever is the last to occur, Tenant shall effect and maintain Builder's Risk Insurance covering Landlord, Landlord's general contractor, Tenant, Tenant's contractors and Tenant's subcontractors, as their interest may appear against loss or damage by fire, vandalism and malicious mischief and such other risks as are customarily covered by a standard "All Risk" policy of insurance protecting against all risk of physical loss or damage to all Tenant's Work in place and all materials stored at the site of Tenant's Work, and all materials, equipment, supplies and temporary structures of all kinds incidental to Tenant's Work, and equipment, all while forming a part of or contained in such improvements or temporary structures, or while on the Demised Premises or within the Shopping Center, all to the actual replacement cost thereof at all times on a completed value basis. In addition, Tenant agrees to indemnify and hold Landlord harmless against any and all claims for injury to persons or damage to property by reason of the use of the Demised Premises for the performance of Tenant's Work, and claims, fines, and penalties arising out of any failure of Tenant or its agents, contractors and employees to comply with any law, ordinance, code requirement, regulations or other requirement applicable to Tenant's Work and Tenant agrees to require all contractors and subcontractors engaged in the performance of Tenant's Work to effect and maintain and deliver to Tenant and Landlord, certificates evidencing the existence of, and covering Landlord, Tenant and Tenant's contractors, prior to commencement of Tenant's Work and until completion thereof, the following insurance coverages:

36 a. Workmen's Compensation and Occupational Disease insurance in accordance with laws of the State in which the property is located and Employer's Insurance to the limit of $100, b. Commercial General Liability Insurance affording protection for bodily injury, death, personal injury and property damage, and including coverage for contractual liability, independent contractors, completed operations and products liability with limits of not less than $3,000, combined single limit per occurrence. c. Comprehensive Automobile Liability Insurance, including coverage for "nonowned" automobiles, for property damage, bodily injury, including death resulting therefrom with limits of not less than $1,000, for any one occurrence combined single limit. d. Owners and contractors protective liability coverage for an amount not less than $1,000, Notice of Non-Responsibility - Landlord shall have the right to post and record a notice of nonresponsibility for work being performed by Tenant within the Demised Premises as permitted by law. Tenant shall give Landlord prompt written notice of the commencement of Tenant s Work. 12. Bonds or Other Security - Landlord shall have the right to require Tenant to furnish a payment bond or other security in form satisfactory to Landlord for the prompt and faithful payment of all costs and expenses incurred in the performance of Tenant s Work. Tenant shall be responsible for promptly discharging any mechanics liens recorded against the Shopping Center. 13. Certificate of Occupancy - Upon completion of Tenant s Work, Tenant shall provide Landlord with a copy of the certificate of occupancy issued by the appropriate governmental agency for occupancy of the Demised Premises. 14. LEED The project is pursuing LEED certification. Refer to EXHIBIT E for additional requirements.

37 Tenant Improvement Construction Rules Contractors will not be permitted to start work until the following items have been met: A. Contractor furnishes proper evidence of required insurance coverage B. The fee for the trash containers. C. Contractor furnishes copy of building permit. (Health permit if applicable too) D. Contractor furnishes names and phone numbers (office and home or local) of contractor s supervisory personnel. E. Contractor furnishes names and phone numbers of prime subcontractors. F. Contractor acknowledges receipt via an executed original copy of these Construction Rules. G. Lease has been executed/hold harmless. The Tenant/Tenant Contractor shall furnish Landlord with all required information prior to commencing construction. Failure to do so will entitle Landlord not to turnover space. When construction is complete, the tenant/tenant contractor must submit a final set of as builts, on CD, in addition to a copy of the Certificate of Occupancy. The Landlord may also require a post-inspection of the store to ensure work was performed per Landlord approved plans. 1. INSURANCE REQUIREMENTS Please see our example Certificates of Insurance on the following page. Each certificate you submit must be filled out according to applicable certificate. Each line item must meet or exceed our requirements. There will be no exceptions. Please note Certificate Holder must also be named Additionally Insured.

38 MUST BE WORDED EXACTLY THE SAME AS THIS (No exceptions!)

39 Tenant Improvement Construction Rules (continued) 1. PROPER DISPOSAL AND/OR CLEANING OF WATER BASED MATERIALS AND HAZARDOUS WASTE 2. The General Contractor and/or the On-Site Coordinator for the General Contractor will be held responsible for all sub-contractors and vendors involved in the tenant improvement job, for the proper disposal and/or cleaning of water based materials and hazardous waste. It is the Contractor s responsibility to monitor the activities of all persons involved in the tenant improvement job, and to see that the following rules are abided by. 1. Under NO circumstances are the storm drains to be utilized for the disposal of any liquid or product. 2. Any hazardous waste material (including oil-based paints, enamels, chemicals, etc.) must be disposed of through legal and approved methods. Under NO circumstances are hazardous waste materials to be disposed of in any trash bin, storm drain, sewer drain or landscaped area. 3. Any cleaning of tools, surfaces or equipment involving a water-based or latex substance, must be done within the tenant space and all by-product of that substance, must be processed through the sewer/ plumbing system. 4. If the tenant space does not have water and/or plumbing facilities, arrangements for water and cleaning/ disposal as noted above, must be arranged through the on-site Tenant Improvement office. 5. Under NO circumstances are the public restrooms to be used for the above noted conditions, or any other condition associated with the improvement of the tenant space. 6. All materials incorporated in the tenant space shall be 100 percent free of asbestoscontaining materials. 3. LICENSE REQUIREMENTS Tenant shall only employ contractors/subcontractors licensed, as required, by local jurisdictions, if applicable. 4. WORK AREA All of contractor s work, storage of materials, construction office, etc., must be confined to within the Demised Premises. Landlord shall have no responsibility or liability whatsoever for any loss or damage to property belonging to Tenant or its contractor, and left in the Demised Premises or anywhere else.

40 Tenant Improvement Construction Rules (continued) 5. DELIVERIES Deliveries will be made only through entrances and routes designated by Landlord s onsite representative. All deliveries through the public shopping area must be completed before the center is open to the public. Landlord will establish delivery routes which are subject to change. If items are too large to fit through the tenant s rear entrance, contractor shall request and get the center s prior permission to deliver through the main entrance. The common area corridors cannot be used as storage they must remain clear and free of all obstructions at all time. All deliveries are to come through the rear doors. 6. PARKING Parking for construction personnel will be permitted in Landlord designated areas only. Trucks and/or trailers must not be left on the property without permission from the Landlord. Parking in the truck courts for any amount of time will result in your vehicle getting towed at your expense. 7. LOADING ZONES Loading Zones will be kept open for deliveries when possible. Parking in Loading Zones is strictly PROHIBITED. Delivery vehicles must be completely unloaded at curb side and then moved out. Unattended parked vehicles in Loading Zones will be tagged or towed at the expense of the Tenant serviced by the vehicle. 8. PRE-OPENING SERVICES A. Electricity/Gas If permanent power has not been installed prior to the start of tenant improvement construction, Tenant s contractor shall be responsible to provide temporary power and lighting for the Demised Premises, per code, with ground fault protection. Temporary power by generator or electrical usage charges are the responsibility of the Tenant. Electrical usage charges are the responsibility of the Tenant starting on the day the keys are picked up or their turn over date in the lease, whichever is earlier. B. Water - Water for construction purposes can be made available. Contact Landlord s onsite representative if your suite does not have an existing restroom. C. Telephone - Contractors are advised to make telephone arrangements with the local carrier prior to arrival for construction telephone service.

41 Tenant Improvement Construction Rules (continued) D. Trash Removal -Tenants, Tenant Contractors, all sub-contractors and suppliers are required to remove trash and construction debris from the Demised Premises and place in containers provided by the landlord. This includes all debris from store fixtures and initial merchandise deliveries. Trash bins will be provided by Landlord at Tenant expense at a cost of $1.00 per square foot of store space. Tenant/Tenants contractor must keep surrounding areas free from debris and trash or Tenant will be subject to a back charge. Tenant/ Tenants contractor must pay appropriate fee prior to commencing work. Make checks payable to DENVER PREMIUM OUTLETS. 9. FIRE SPRINKLER PROTECTION Tenant contractors shall provide fire extinguishers within the premises as required. All fire sprinkler system modifications must be performed by the required Sprinkler subcontractor and must be tied into Landlord s existing fire sprinkler system, if applicable. All tenants must use the required sprinkler contractor to make modifications to the sprinkler system. Submit your plans on AutoCAD (version 14 or higher). Once you submit plans, and only after you sign a purchase order or contract, they will re-engineer the sprinkler changes as required by your design and obtain the necessary permits from Pasco County. 10. FIRE ALARM - BUILDING MONITORING SYSTEM If the local jurisdiction determines that additional alarm devices are required, all Building Monitoring System modifications must be performed by the landlord required Fire Alarm contractor and tied into the Landlord s existing monitoring system, if applicable. (See required subcontractors page) This procedure will be similar to the sprinkler process as stated in this section. If tenant is adding additional RTUs, it will be the tenant s responsibility and expense to contact the required contractor and add an additional duct detector as required by code. For this project please see required sub-contractors page for the installation of smoke detectors. If tenant is relocating any exit door, it will also be the tenant s responsibility and expense to contact the required alarm contractor for the relocation of the devices. All Building Monitoring System pull stations and horn/strobes must be clear of all obstructions. Tenant/Tenant Contractor to verify existing locations in field. 11. ELECTRICAL/SECURITY ALARMS The contractor shall not enter any electrical room without the center s permission. No security alarm boxes, horns, sirens or doorbells shall be installed on the exterior without prior approval. Each suite has two electrical panels, one with 277/408 volt, a transformer, and one panel 120/208 volt. Electrical service is master metered so there is NO NEED TO CALL AND ASK FOR A METER NUMBER.

42 Tenant Improvement Construction Rules (continued) 12. MECHANICAL SYSTEM HVAC - All HVAC units are using gas to heat. Relocation of thermostat controls shall be at the Tenant s expense and any repairs or failed installations resulting from incomplete or inadequate relocation shall be the Tenant s responsibility. Protection for the HVAC unit(s) (construction filter) must be in place prior to the start of Tenant s construction. The HVAC unit must also be cleaned when tenant construction is complete. This is the responsibility of the Tenant, NOT the Landlord. If painting ceiling and/or sanding drywall, HVAC unit must be off not running. All Tenants must provide regular maintenance of their HVAC system. Each Tenant is to provide a copy of their maintenance contract to the General Manager within one (1) month of their opening date. Tenant/Tenant contractors must provide proof of balancing the HVAC system. They must turn this in to the Operations Director with their maintenance contract. 13. SLAB Tenant and Tenant flooring contractors are responsible for minor floor patching in accordance with good installation practices as well as for the determination of compatibility of flooring products and/or adhesive with Landlord's concrete slab. Landlord does not accept responsibility and will not be liable for water vapor emissions through the slab that exceed flooring manufacturer's recommendations or are due to the effects of saw cutting. UNDERSLAB WORK Certain instances of slab saw cutting or penetrations require x-raying the slab PRIOR to cutting or coring and that replacement slab be installed with reinforced concrete. In some suites, saw cutting is not allowed because it will interfere with the structural integrity of the building. The Tenant/Tenant s general contractor is responsible to ensure that there are no underground utilities/services BEFORE cutting any concrete, anywhere on the property. The Tenant will be liable for all repairs and/or lost business due to a utility or service interruption as a result of cutting the slab. 14. WORK PRACTICES All work practices and personnel performing work in Tenant spaces must be compatible with the practices and personnel employed by Landlord. Upon notice that any work practices or personnel are not compatible, the Tenant shall be responsible for the immediate termination of said practices or the immediate removal of said personnel from the Shopping Center property.

43 Tenant Improvement Construction Rules (continued) Contractor work shall be performed in a thorough, first-class and workmanlike manner and shall be in good and usable condition at the date of completion thereof. If, in the center s judgment the work fails to comply with this standard, the Tenant will not be allowed to open until any discrepancies are remedied. The contractor s employees must not curse, expectorate or otherwise act unprofessionally and must wear shirts and safety glasses as well as adhere to all other OSHA regulations on this project at all times. 15. USE OF SHOPPING CENTER Access to the Mall shall be subject to control at all times by Landlord for purposes of Landlord security and for protecting the Shopping Center finishes from damage. At no time shall the Shopping Center be used by Tenant Contractor or its employees for lounging, eating, rest breaks, etc. Tenant shall be responsible for seeing that this rule is strictly observed by his contractor(s). 16. PROTECTION OF WORK AND PROPERTY 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 their employees and subcontractors. Work area is limited to your tenant space only. 17. STRICTLY PROHIBITED WORK AND PRACTICES A. Any combustible materials above finished ceilings or in any other concealed non-sprinkle space. B. Imposing any structural load, temporary or permanent, on any part of the Landlord s work or structure without the approval of Landlord s Engineer. C. Cutting any holes or trenching in Landlord installed floor slabs. Cutting any holes in Landlord installed walls or roof. Without Landlord approval. 18. CORRECTIVE WORK DONE BY LANDLORD Any sums which shall become due to Landlord by Tenant or its contractor as a result of and arising out of Tenant s construction work (including without limitations, in-slab plumbing line installed by Landlord, electricity charges during construction, trash removal and damage to Landlord s property) shall be considered as additional rent, and shall become payable immediately upon demand by Landlord.

44 Tenant Improvement Construction Rules (continued) 19. ROOFING Tenant shall employ the Landlord s required roofing subcontractor for such work as Tenant s own agent and contractor. (See required subcontractors page) The work shall be performed in such a manner that the Landlord s building schedule, Landlord s roofing guarantee, and the work to be performed by other Tenants of the Shopping Center will not be affected adversely. ROOF STRUCTURE For items affecting structure (i.e. roof top units), Tenants are to submit preliminary design drawings ONLY and should not commence work on drawings until the design is approved by Landlord. Due to the structural engineering design of the roof system, Tenants and/or their contractors cannot attach to or construct anything on the bottom of the roof trusses unless approved by Landlord. Drilling or bolting through structural members is prohibited. Uni-struts, C-Clamps, and tension brackets are allowed for attachments to the TOP CHORD ONLY of the structural joist system above. If a structural engineer is needed to determine any structural calculations with Tenant drawings, Tenant is responsible for these services and costs. Roof openings, including necessary curbs and flashings to accommodate the installation of the Tenant s work, shall be located as directed by the Landlord. All work to be coordinated in advance with the onsite management team. 20. CUTTING, WELDING AND GRINDING ACTIVITIES Welding and cutting is not permitted near large quantities of exposed, readily ignitable materials, in areas not authorized by Tenant Management, or on metal partitions, walls or roofs with combustible covering or with combustible construction. 21. DUST, DIRT, SMELLS AND NOISE Tracking dust and dirt into the common area is prohibited. Contractor s employees should remove as much dirt and dust as possible before entering the common area. Proper care must be taken when working with glues, paints and any other materials requiring special ventilation. Such smells must not waft into the common area or other tenant spaces. Loud noises, particularly those created by the use of jackhammers, rivet guns and grinding equipment, shall not be used during center hours without the center s prior permission. All radios and music must be kept at a low volume that cannot be heard outside the tenant space.

45 Tenant Improvement Construction Rules (continued) 22. CLEAN-OUTS Some tenant suites may have furred out columns with access panels to an existing roof drain clean out. Access panels, whether in front or rear of space, is to remain clear of all obstructions. Floor clean-outs are also to remain clear of all obstructions. 23. ANIMALS/PETS Service Animals trained specifically to assist disabled person are permitted on other animals are strictly prohibited. property, all 24. WEAPONS Possession of any article defined as a weapon, whether illegal or not, is at no time permitted on property, unless such weapon is in the possession of a law enforcement officer required to carry such a weapon. 25. SITE VISITS Given that our project is currently under construction and there is a lot of heavy equipment still moving throughout the site; site visits by Architects, Engineers and Bidding Contractors, as well as tenant employees must be pre-approved by the Tenant Management staff with one week prior notice. Anyone visiting the site prior to Tenant Turnover will be required to sign a general release & hold harmless agreement at the Premium Outlet construction trailer. Architects, engineers, and contractors must also have the proper insurance. In addition to having the proper insurance, visitors will be required to have a hard hat, an approved safety vest, safety glasses and appropriate clothing.

46 Tenant Improvement Construction Rules (continued) The center also has the right to stop work in progress for violation of any of the above rules and regulations. 26. INDEMNIFICATION AGREEMENT: I, hereby agree to indemnify, defend and hold harmless DENVER PREMIUM OUTLETS LLC, parent, subsidiaries, affiliates, officers, employees and agents, hereinafter referred to as DPO, from and against any and all claims and demands of any nature whatsoever (including, without limiting the generality of the foregoing, claims for consequential damages, loss of profits and damage to property of DPO), including costs, litigation expenses, counsel fees and liabilities incurred in connection therewith, arising out of injury to, or death of, any person or damage to property, caused in whole or in part by the acts of omissions of,and its subcontractors, suppliers, material men, or any other person directly or indirectly employed by them, or any of them, while engaged in the performance of the work or any activity associated therewith or relative thereto. I have read, understand and agree to observe the above Construction Rules Numbers 1 through 26 and have taken possession of the demised space. Date Contractor (Company) By (your name) Working in Suite Number Tenant Store Name

47 Satellite Dish Installation Criteria INDEX Exhibit B 1 B 2 B 3 B 4 B 5 B 6 B 7 Installation Criteria Language Non-penetrating Galvanized Steel Frame Satellite Dish Assembly - 1.2m or smaller dish Penetrating Pole Mount Satellite Dish Detail - 1.3m to 1.8m Units Penetrating Pole Mount Satellite Dish Detail - 1.9m to 3.0m Units Multiple Satellite Dish Pole Mount Detail Pate Pipe Curb & Cap Details ASCE 7-98 Wind Speed Charts

48 SATELLITE DISH INSTALLATION CRITERIA Satellite Dishes, when requested by tenants or management, shall meet the following criteria. 1. Roof mounted satellite dishes can be installed as either a penetrating or non-penetrating roof assembly. a. A satellite dish of 1.2m or less can be installed on a non-penetrating ballasted galvanized steel frame assembly. The insulated signal wire cable for the dish shall be run to the interior space through a watertight assembly of an adjacent roof penetration as long as local codes are not violated in the process. The insulated cable shall not travel more than 15 feet on the roof surface. If an adjacent roof penetration is not available the signal wire cable should be run to the interior through Carlisle Gooseneck Detail U-14 or a curb and Pate Curb Cap. If the weight of the satellite assembly and ballast is greater than 30 lbs./sq. ft. the assembly must be located directly (centered) over a steel building column. The assembly shall not cause roof deflection during weather events (water, snow, ice, etc.) for the specific geographic area of the installation. The installer shall not place an assembly on the roof that will exceed the roof's live load design for the specific geographic area of the installation. The satellite dish installer will provide a protective pad between the galvanized steel assembly and the roof membrane. The roof pad material must comply with the roofing material manufacturer's installation instructions for such assembly devices. The pad should also act as an agent to prevent the assembly from sliding on the roof as a result of wind pressures. A sample of an acceptably 4 x 4 galvanized steel assembly for a 0.74m elliptical satellite dish is provided as Exhibit B-2. The amount of ballast for the assembly will be determined by its geographic location and the ASCE 7-98 Wind Speed Charts for the location (Exhibit B-7 ). b. A satellite dish larger than 1.2m and up to 3.0m shall be installed as a penetrating pole mount on the roof. For satellite dishes from 1.3m to 1.8m the installation detail of Exhibit B-3 will be followed by the installer except the size of the steel pipe mast will be 4 instead of 3. For satellite dishes from 1.9m to 3.0m the installer will follow the installation detail of Exhibit B The satellite dish will be located on the roof in a manner that will not allow the dish to be visible from the interior of the mall (via skylights or clerestory) or the parking lot around the property. Locate the dish mount as close as possible to the tenant s computer room, but avoid locating the mount directly beside other rooftop equipment. 3. If a penetrating pole mount is used, do not select a column in the valley line (low point of the drainage system) where it will restrict the flow of roof drainage water. Also, do not select a column that supports the roof drain. If several columns meet the criteria above, thoroughly examine the area from below and select and installation site that is relatively unrestricted of ductwork, sprinklers, dry-walled ceilings and other installation problems that can be anticipated. 4. If more than six non-penetrating ballasted galvanized steel assemblies are placed on the roof within a 400 diameter circle the seventh and subsequent satellite dishes in the circle will be placed on a penetrating pole mount. The detail for additional units is given in Exhibit B-5. The steel mast and column connection materials will be the same as in Exhibit B-4. The satellite dish installer will supply all parts. 5. The pole mount pedestal to roof connection should be completed with a stack flange and rain collar as detailed on National Roofing Contractors Assn. Detail N-2 or with a square curb and flashing similar to Curb Style PCA 1,2,or 5 with a PCC 1,2,3, or 5 pipe curb assembly cover cap as constructed by the Pate Company. (See Exhibit B-6 ).

49 6. The signal wire cable penetration can be made with a watertight connection near the base of the pedestal. Use Gooseneck Detail U-14 (Carlisle). Or, if a Pate Curb cover cap is used, then the insulated signal wire cable can penetrate the curb cap with a watertight clamp around it. 7. All cabling within Mall premise must conform to NEC standards, i.e.; Plenum Cabling where required. All cabling must be properly labeled identifying vendor or tenant, every 50 from antenna to assigned tenant space. Open cabling shall be affixed to the building structure in an approved manner. Cables shall not be attached to conduits, sprinkler pipes, etc., nor shall it be laid on ceiling tile. 8. Roof flashing material must be compatible with the existing roof membrane. The Mall Manager or Operations Director at the property can assist with information about roofing contractors and roof warranties in effect. Roof warranties must be preserved. 9. Welding to existing structural steel is generally discouraged, but if it is necessary, consideration must be given to fire hazards and safety for people in the area. Welds should be completed in the contractors metal shop whenever possible prior to bringing the materials to the job sites. 10. Tenant must complete his own site survey terrestrial interference will not be the responsibility of the landlord. 11. All applications for installation of non-penetrating satellite dish assemblies must show on their submittal drawings the appropriate wind load calculations for the geographic area of the installation and the resulting pounds per square foot of weight load (ballast & materials) for the assembly. The ASCE 7-98 Wind Speed Charts for the United States are attached as Exhibit B-7. Application drawings must have an engineers stamp and signature verifying their calculation of the weight loads for the particular center and adherence to the other items of section 1(a) above. 12. When roofing projects dictate that the non-penetrating satellite dish assembly must be moved to allow new roofing to be placed under where the assembly is setting the tenant will be responsible for the cost of moving the unit and realigning it after completion of the roof work. Twenty-four hour advance notice will be given to the tenant regarding the need to move the assembly. If it isn t moved, the roofers will move it. Neither SPG nor the roofers will be held responsible for the tenant s loss of signal during the roof work process; it will be the tenant s responsibility to keep the signal active. 13. Tenant must acquire all required city building permits, variances and FCC permits. 14. SPG - Facility Operations, will send the following package of information upon request in order to provide the contractor with the necessary detail to properly install the satellite dish assembly. SPG s Minimum Criteria for Installation of Satellite dishes (as above) All Exhibit B attachments. 15. To avoid violating the Security Department Roof Access Policy, mall tenants must inform the dish installers to contact the mall management office prior to the installation date. The mall management staff will inform Security of the installer s schedule for the dish installation. If this procedure isn t followed, roof access will be denied. 16. In addition to, and without limiting in any fashion whatsoever, Tenant s indemnification obligations under any agreements with Owner, Tenant, at its sole cost and expense, shall defend, indemnify, and hold harmless, Owner, Owner s Managing Agent, Simon Property Group, Inc., and their respective officers, directors,

50 shareholders, members, partners, parents, subsidiaries, and any other affiliates and related entities, agents, servants, employees, and independent contractors of these persons or entities ( Owner Parties ) from and against any and all claims, liabilities, obligations, losses, penalties, actions, suits, damages, expenses, disbursements (including legal fees and expenses), or costs of any kind and nature whatsoever ( Claims ) for property damage, bodily injury and death brought by third-parties in any way relating to or resulting, in whole or in part, from the work performed and materials and equipment installed or furnished by Tenant and/or its agents, servants, employees, and independent contractors, including, without limitation, the installation, operation, maintenance, repair, replacement, and removal of the Satellite dish and any related equipment or components. The indemnity set forth herein will apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of the Owner Parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed upon any of the Owner parties, except to the proportional extent that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the state where the Shopping Center is located that a Claim was proximately caused by the intentional wrongdoing of an Owner Party, provided, however, that in such event the indemnity will remain valid for all other Owner Parties. Tenant s indemnification obligation shall survive until all Claims involving any indemnified matter are fully and finally barred by the applicable statute of limitations. 17. All new and replacement antenna installations, including locations, must also be approved by the local Simon Mall Manager. This same representative must be contacted for access to the roof. All original antenna installation criteria and details must also be followed when maintaining, repairing or upgrading any existing systems. Simon Property Group SATELLITE DISH INSTALLATION CRITERIA Tenant agrees to install and maintain a satellite antenna dish at: Mall & Address In strict accordance with the herein referred specification criteria and indemnity requirements of Owner. The person executing this letter agreement represents and warrants that he has full authority to act on behalf of and bind the tenant and its contractor to this Agreement. Name Address By: Title:

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