Franklin Park Mall Tenant Construction Rules and Regulations

1. Introduction 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.

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2. Project Directory Tenant Coordination, Tenant Coordinator

Kristofer D. Frye SR Tenant Coordinator Starwood Retail Partners 1 E. Wacker Drive, Suite 3600 Chicago, IL 60601 [email protected] 773-541-2886 Office

Mall Operations Director (On Site Construction Contact) Scott Rollman Operations Director Franklin Park Mall 5001 Monroe Street, Suite 700 Toledo, OH 43623 Phone: (419) 473-3317 Fax (419) 473-0199 Cell: 419-250-2874 Email: [email protected]

Government Agencies Building Department Building Inspections and Permits Permit Tech - (419) 245-1220 City, County, and State Building Or contact: Operator - (419) 245-1210 One Government Center Fax (419) 245-1329 Corners of Huron & Jackson Steven Shrake – Chief Building 16th Floor Official Toledo, OH (419) 245-1218 Inspector List Fire Prevention Inspector (419) 245-1140 545 North Huron Street Inspector Taddonio (419) 215-5158 F.P.B. Fax: (419) 245-1076 Huron/Orange Toledo, OH

Plumbing Inspector (419) 245-1246 City, County, and State Building One Government Center Corners of Huron, Jackson, and Erie St. 16th Floor Toledo, OIH

Electrical Inspector (419) 245-1244 City, County, and State Building One Government Center Corners of Huron, Jackson and Erie St. 16th Floor Toledo, OH

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Vendors License (419) 213-4341 Lucas County Auditor’s Office

Health Department Lucas County Health Center (419) 213-4209 635 North Erie St./Orange & Cherry 3rd Floor Toledo, OH 43604

Utility Companies Electric 800-447-3333 Toledo Edison /First Energy Company Edison Plaza Toledo, OH

Natural Gas 800-344-4077 Columbia Gas of Ohio Columbus, OH

Water and Sewer (419) 245-1800 Dept. of Public Utilities/Water Dept. Suite 1500, One Government Center Toledo, OH 43604

Telephone Customer Service: (419) 724-9898 Buckeye TeleSystem Emily Gilsdorf: (419) 724-3867 4818 Angola Rd. Fax: (419) 724-3813 Toledo, OH 43615 Cell: (419) 705-3038 Account Manager: Emily Gilsdorf

Required Cable Installers for All (419) 841-5446 Telephone/Data/Network Systems: Fax: (419) 841-8101 Turner Electric/Data Co. 8530 West Central Ave. Suite 1 Sylvania, OH 43560 Contact: Don Turner

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Landlord’s required Contractors: Roofing Contractor Bloom Roofing Systems, Inc. (248) 264-7200 12238 Emerson Drive Fax: (248) 587-5068 Brighton, MI 48116

M.J. Weis Roofing (419) 836-3028 28349 Main St. Fax: (419) 836-3820 Millbury, Ohio 43447

Fire Alarm Contractor Landlord Electric (419) 841-5446 Turner Electric Co. Fax: (419) 841-8101 8530 West Central Ave. Suite 1 Sylvania, OH 43560

(REQUIRED FOR BUSS DUCT/METER/SWITCH GEAR ANNUNCIATON SPEAKERS & SMOKE ALARM CONNECTIONS)

Sprinkler Contractor (choose from 2 listed) S.A. Comunale (419) 334-3841 1524 Old Oak Harbor Rd. Fax: (419) 334-4734 Fremont, OH 43420 Cell: (330) 541-3018 Contact: Scott Alafita

Accel Fire Systems Inc. (419) 843-7756 3365 Silica Road Fax: (419) 843-4581 Sylvania, Ohio 43560

Barricade Installation Contractor Boston Barricade (772) 257-7126 1151 19th Street [email protected] Vero Beach, FL 32960 Contact: Shawn Donaldson

Sanitary Sewer Cleaning E & K Contractors (419) 474-9454 4030 Fitch Fax: (419) 474-9494 Toledo, Ohio 43613 [email protected] Contact: Robert Ewing

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.

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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) Exhibit Permit Three (3) sets of Approved Construction Documents needed e) Exhibits Landlord’s Final Approved Three (3) sets of Construction Drawings needed 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. 4. 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 fixture 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 State law, and including Employer’s Liability Insurance with a limit of not less than Two Million Dollars ($2,000,000.00) each accident, Two Million Dollars ($2,000,000.00) each employee by disease, Two Million Dollars ($2,000,000.00) 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. 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 therefrom 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 non-owned, in the minimum amount of Three Million Dollars ($3,000,000.00) 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 therefrom 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 therefrom) 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.

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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 insureds 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 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 of Insurance should read as follows:

Certificate Holder should read: Star-West Franklin Park Mall, LLC 5001 Monroe St., Suite 700 Toledo, OH 43623

Insurance Language must read: The Commercial Liability and Umbrella/Excess Liability policies must name: Star-West Franklin Park Mall II, LLC, Star-West Franklin Park Mall, LLC, Franklin Park Parcels LLC, Starwood Capital Global Group, L.P., Starwood Retail Property Management, LLC, SRP Property Management, LLC, Starwood Retail Partners, LLC, and it’s 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.

Contractor Deposit A security deposit of $5,000.00 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 Star-West Franklin Park 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, dumpster pad fees, restroom facilities, general housekeeping, and Tenant back door signage. 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. 5. Construction Schedule

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Tenant’s Contractor shall furnish a detailed construction schedule in graphic form detailing Tenant’s 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.

6. 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. 7. 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 B, M, and E&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. 6. All merchandise and supplies may not be stored in the premises prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy. 8. Tenant Utilities Due to the large quantity of Tenants under construction, it is required that Tenant’s General Contractor submits service work orders for utility services within the first week of construction. Contact information has been provided for you. • Each Tenant Contractor will complete their electrical installation to provide for a “Temporary to Permanent” service. An electric meter must be installed by Turner electric. • A Gas Meter is required for Tenants requiring the service. • A Water Meter is required for all Tenants. Meter must be a Neptune and read in gallons. 9. 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 by extending 15’ – 0” out from any demising line separating premises from common 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’s 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.

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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 (419) 473- 3310.

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. All demolition, other than mechanical and electrical, shall occur during non-business hours. Night-time construction hours will be 10:00 PM – 6:00 AM, with demolition ending abruptly at 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 Franklin Park 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 the Franklin Park 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.

Center Floor Tile– Franklin Park’s common area French Limestone floor tile & grout is available for purchase on-site and is sold by the piece at a cost of $25.00. Please contact the Landlord’s representative to arrange for tile purchase. Make checks payable to Franklin Park Mall. There will be no refunds for purchases. The grout is Bostek Hydromet (Sanded) Misty Gray (365- 21). See Appendix 9 for installation specifications for Mall supplied floor tile.

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 caused the Franklin Park’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 build-out costs.

A fire extinguisher must be kept on the premises at all times.

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10. Premises Permit and Documents

Building Permits are the responsibility of the Tenant/Contractor. Obtaining a permit from the City of Toledo takes 10 - 14 days 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 Toledo 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 the Franklin Park Representative immediately after construction is completed in order for Tenant to open for business in the premises. 11. Loading Zone and Deliveries

Deliveries of construction equipment or materials will not be allowed through the Franklin Park Mall main customer entrance doors or through the common areas during normal business hours (10:00 AM - 9:00 PM). The back-service entrances hallways are to be used. At no time are the passenger elevators or main entrance doors to be used for deliveries or for transporting tools or constructions materials. Deliveries thru main entries must be approved in advance.

Should a large or oversized delivery need to be made, the Contractor must contact the Mall Management Office at least one day in advance to arrange for an after-hour delivery. All Contractor and delivery personnel must use the back door of the space for access to the space. No one will be permitted to enter the space through the Mall. The construction crew may enter through a door in the barricade (only if there is no rear delivery door), (2) walk-off mats must be provided by the General Contractor and placed on the interior & exterior sides of the door so that it will catch the dirt and dust, and will not be tracked throughout the Mall. Access to all parking structures shall be limited to trucks limited to 7’-0” in height and weighing less than 5000 pounds loaded. 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 carts or dollies with air filled or soft rubber tires or wheels will be allowed. All large deliveries or deliveries of heavy items are to be scheduled in advance with the Mall Management Office. 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. 12. Trash Removal No construction debris or building materials may be placed in the Franklin Park 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.

Franklin Park is to be notified in advance when an open container has been ordered. Placement of the Roll-off is to be coordinated with Franklin Park’s representative. Please contact the Franklin Park 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 ensure 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 be loaded as soon as possible in order to avoid having the container filled with trash from other stores. (Franklin Park is not responsible for public or Tenant trash placed in the construction roll-off). KETER IS EXCLUSIVELY USED

KETER ENVIRONMENTAL SERVICES INC. Customer Service Line (866) 679-5079 [email protected]

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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 $100.00 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. 13. 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 and a fine will be imposed for each infraction. 14. Parking Zones Landlord has designated parking for Tenant’s Contractor and Sub Contractors. All vehicles must be marked with a sign in the windshield identifying the “Store” location in which work is being done and a contact telephone number for the driver of the vehicle. Contractor’s vehicles parked in NO Parking Zones, Loading Zones and/or in non-designated areas will be towed at vehicle owner’s expense and an additional fine will be imposed for each infraction. 15. No Smoking Policy Smoking is prohibited on the premises, common areas, or base building construction site. 16. Storefront Barricade Policy Boston 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 Franklin Park builds the barricade. The cost of a 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 to Franklin Park Mall 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.

The Barricade must be installed by the mall required Contractor. 17. Prohibited Work / Practices and Hazardous Materials 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.

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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 is 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. 18. 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. (Call contractor for Fees)

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. 19. Sprinkler System Tenant’s Contractor shall hire approved sprinkler Contractors. Tenant’s Contractor shall be responsible to ensure that all sprinklers are capped and sealed at the end of each night. Any damages to property and/or persons will be the responsibility of the Tenant’s Contractor. Any sprinkler work being conducted after 5:00 PM must be scheduled with the Mall Management office. Contact the Mall Management Office for further procedures and scheduled drain-down dates and times.

The Tenant’s sprinkler plans must be submitted to the City for approval, review and processing prior to sprinkler work in the space. In addition, Landlord must receive one (1) copy and approve the sprinkler plans.

Contractor sprinkler work may only occur Monday through Friday within the hours listed below. Requests for Sprinkler shutdowns on the weekends must be made with the Landlord representative. The sprinkler Contractor is subject to the insurance requirements noted herein, prior to Commencement of Construction.

Since the sprinkler system is activated twenty-four (24) hours per day, extreme caution must be taken during demolition of the space.

A $250.00 sprinkler charge (per occurrence) will be billed to Contractor or Tenant for emptying and refilling the sprinkler system. Sprinkler shut downs must be done no earlier than 6:30 A.M. and the system put back in service by 9:30 a.m. A twenty- four (24) hour notice must be given to Franklin Park Management (419-473-3317). Systems otherwise must be worked on during off center hours. Special arrangements can be made.

IMPAIRMENTS We have adopted the FM Global Red Tag System for tracking fire sprinkler impairments. The attached videos will help explain the system. In summary, FM should be notification and a Red Tag permit should be completed for every sprinkler impairment. Completed permits should be saved for FM’s review during their next site visit.

Once the physical copy of the Red Tag has been completed, impairments can be reported by calling FM, by faxing a copy of the Red Tag, or by entering your information on the website. Phone: (888) 201-8943

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Fax: (888) 201-9263 Web: https://redetag.fmglobal.com

Should you require Red Tag permits (see below SKUs), please order them from FM’s online training and resource center. To establish a user account, go to the following link to register. You will need our account number (07578). https://www.fmglobalcatalog.com/FMGlobalResourceCatalog/LogIn/tabid/4830/Default.aspx?returnurl=%2fHome%2ftabid%2f4803%2fD efault.aspx

• Red Tag Permit System Wall Hanger Kit, SKU: P7427K • Red Tag Permit, SKU: F2480

PLAN REVIEW FM Global should review and approve the sprinkler plans for all projects that result in a change to the sprinkler protection. Sprinkler shop drawings should be directed to your local FM Global office. Response time will take no more than 2 weeks (although FM will expedite their review if requested for emergencies).

Contact information for your local FM Global office can be found on the attached spreadsheet.

20. Roof Penetrations All roof work must be coordinated with the Mall Management office. Tenant’s Contractor shall hire and pay Landlord’s designated roofing Contractor and roof water proofing Contractor. All roof underside decking has been fire sprayed and insulated. The Tenant’s General Contractor shall be responsible for the replacement and/or repair of all insulation and/or fire proofing within the area of their work on the roof. Tenant’s Contractor shall install a non-fading, durable and permanent label with Tenant’s Postal Address # to all roof top equipment servicing their space. This shall include but not be limited to HVAC equipment and exhaust systems. Labels shall be attached to the maintenance panel covers.

Prior authorization from the Landlord Security Dispatch Office and notification to a Landlord representative is required for roof access. In addition, removal of items from the roof must be pre-approved. If roof penetrations are required, these penetrations must be approved in advance and only the center approved roofing Contractor is authorized to perform roofing work. 21. 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 the Mall Management office. The Electrical meter is the responsibility of the Tenant Contractor to procure and install from the local utility company or electrical contractor. Tenant’s Contractor is responsible for replacement of panel covers and work debris after completion. For Electrical Buss Duct/Switch-gear, Tenant Sub-Meter Connections/EMS Interface Wiring, it is the responsibility of the Tenant to field verify existing electrical service and is responsible for making any and all modifications required to insure that the total connected load does not exceed the electrical service. Tenant tie-ins to Landlord’s switch-gear, buss ducts, and sub-meter meter/EMS interface wiring installations, must use Franklin Park Mall’s required electrical Contractor. All wiring must be in conduit, EMT or Rigid. Flex may only be used on the last six feet for connections only. MC, Romex, BX wiring are not allowed. 22. Water Service All water lines must be in copper. PVC, PEX type lines are not permitted. All vent lines must be in copper or Cast-Iron pipe. All sanitary lines above floor must be in copper or cast pipe. Sanitary lines below slab can be PVC. 23. Water Proofing All Tenants will be required to install a waterproof membrane in the areas of water use. A flood test may be required at the Landlord’s discretion. A five-year warranty is mandatory.

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24. Hot Work All work requiring open flames, excessive heat or sparks shall require a “Hot Work Permit”. This may be obtained through the Tenant Coordination office. Any such work conducted without the permit will be shut down until such permit is obtained. 25. Landlord Punch-list After the Final Building Department Inspection, a member of the Tenant Coordination team will compile the Landlord Punch List. The Punch List must be completed in its entirety within 5 days of issuance. The Super-intendant must be present during the completion of the Punch List. All work not completed may, at Landlords option, be completed by Landlord. Costs for such repairs shall be deducted from Contractor’s deposit and/or Tenant Improvement Allowance. 26. Corrective Work by Landlord If Tenant’s 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 Tenant 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 deducted from the General Contractor’s deposit. 27. Pre-Opening Requirements

Storefront & Back Door – It is the Contractor’s responsibility to repair damage to surrounding Landlord’s walls, bulkheads, neutral piers or columns, adjoining Tenant spaces, service hall walls, and floor tile upon completion of storefront and after the barricade is removed. Matching floor tile may be purchased through the Franklin Park Mall representative. It is the Tenant’s responsibility to repair or replace back doors and hardware.

28. Close-out Package requirements The following items will be required as a Closeout Package to be submitted to the Tenant Coordination office at 70 Old Orchard Center, Suite F70A, Skokie, IL 60077 WITHIN 90 DAYS OF STORE OPENING in order receive the return of Contractor’s Contractor Deposit. (See Exhibit E.1 and E.2) a) Copy of the Original Certificate of Occupancy b) Copy of all inspection sign off sheets c) Copy of Roofing Contractor’s warranty and notice of work completion d) All required Warranties e) Full set of Construction As Built Drawings f) Air Balance Report g) Completed Landlord Punch list h) List of all sub-Contractors and contract amounts i) Original notarized Unconditional Lien Waivers from all Sub-Contractors j) Original notarized Unconditional Lien Waiver from General Contractor

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Exhibit A Tenant Contractor Orientation Checklist

Date: Contractor: Space #: Project Mgr.: Tenant: Superintendent: Sq. Ft. Supt. Phone:  Building Permit (B,M,E,P, CDDD, Fire Permit)  Insurance Certificate (each policy is required to name the following as additionally insured verbatim) The Commercial Liability and Umbrella/Excess Liability policies must name:

Star-West Franklin Park Mall II, LLC, Star-West Franklin Park Mall, LLC, Franklin Park Parcels LLC, Starwood Capital Global Group, L.P., Starwood Retail Property Management, LLC, SRP Property Management, LLC, Starwood Retail Partners, LLC, and it’s 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.  Deposit ($5,000.00; of which $2,500 is non-refundable)  Landlord’s Final Approved set of Construction Drawings. Must provide Landlord a set  Permit set of Approved Construction Documents. Must provide Landlord a set  Construction Schedule  Contact List  Site map  Construction Rules and Regulations

CASH WILL NOT BE ACCEPTED. PROVIDE COMPANY CHECKS OR MONEY ORDER PAYABLE TO: Star-West Franklin Park Mall, LLC.

ATTACH CHECK HERE.

Company: ______Company: Franklin Park Mall Name: Name: Scott Rollman, Operations Director

Signature: Signature: Date: Date:

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Construction Contact Sheet - PART 1

Exhibit B Construction Contact Sheet - PART 1

Space No.: Project Mgr.

Tenant Name: Office Telephone:

Contractor Office Facsimile:

Address: Cellular/ Pager:

Superintendent:

Main Office Tel. Field Telephone:

Main Office Fax: Field Facsimile:

Cellular / Pager:

Sub-Contractor / Supplier Listing TRADE Company: Telephone: Address: Facsimile: E-mail: Contact: Contract Amt$:

TRADE Company: Telephone: Address: Facsimile: E-mail: Contact: Contract Amt$:

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Construction Contact Sheet - PART 2

TRADE Company: Telephone: Address: Facsimile: E-mail: Contact: Contract Amt$:

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Exhibit E.1 Tenant Contractor Return Deposit Form

***ALL CLOSE-OUT DOCUMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 90 DAYS FROM STORE OPENING. *** 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  Copy of Roofing Contractor’s warranty & work completion notice.  Full set of Construction As-Build Drawings  Air Balance Report  Completed Landlord Punch list  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 E.2 Tabulation TOTAL DEPOSIT: $ TOTAL FINES & DEDUCTS: $ TOTAL RETURN: $

Company Company Franklin Park Mall Name: Name: Scott Rollman, Operations Director

Signature: Signature: Date: Date:

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Tenant Contractor Infraction Log - Page 1 Exhibit E.2 Tenant Contractor Infraction Log

Space No.: Project Mgr. Tenant Name: Office Telephone: Contractor Office Facsimile: Address: Cellular/ Pager: Main Office Tel. Superintendent: Main Office Fax: 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:

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Exhibit E.3 Fine Acknowledgement Affidavit

Space No.: Project Mgr. Tenant Name: Office Telephone: Contractor Office Facsimile: Address: Cellular/ Pager: Main Office Tel. Superintendent: Main Office Fax: Field Telephone: Cellular / Pager:

The undersigned General Contractor acknowledges and shall accept all liability for the workmanship, conduct and actions of his/her employees, Sub Contractors and representatives. All employees, Sub Contractors and representatives shall abide by the “Rules & Regulations” set forth by Landlord, copy of which has been received and its receipt acknowledged by General Contractor. General Contractor further acknowledges the following fines which may be imposed by Landlord for the infraction of said Rules and Regulations by General Contractor and/or its employees, sub-Contractors and/or representatives.

a) Unauthorized Contractor completing roof work. $1000.00

b) Storage of materials, tools and/or debris in service corridors or other non-authorized $250.00 / infraction or locations. day

c) Use of non-approved carts on common area finishes. $250.00 / infraction

d) Use of vehicles in parking structures exceeding height and weight limitations. $500.00 / infraction

e) Parking of vehicles and/or equipment in restricted locations. $200.00 + tow fees

f) Use of non-approved sub-Contractors for Fire Alarm work. $500.00 / infraction

g) Other non-listed violations. $200.00 to $2000.00

Company: Company: Franklin Park Mall______Name: Name: Scott Rollman, Operations Director

Signature: Signature: Date: Date:

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Exhibit F Contractor / Sub Contractor List

General Contractors E&K Contractors The Lathrop Company The Spieker Company 4030 Fitch 460 West Dussel Drive 8350 Fremont Pike Toledo Ohio 43613 Maumee, OH 43537 Perrysburg, OH 43551 (419) 474-9454 (419) 893-7000 (419) 872-7000 [email protected] Fax: (419) 893-1741 Fax: (419) 872-7010

Carpentry

Hyler Construction Integrity Wall & Ceiling The Spieker Company 1620 Kieswetter Rd. 5242 Angola Rd., Unit #180 8350 Fremont Pike Holland, OH 43528 Toledo, OH 43615 Perrysburg, OH 43551 (419) 866-1818 (419) 381-1855 (419) 872-7000 Fax: (419) 866-1625 Fax: (419) 381-0850 Fax: (419) 872-7010 Cell (419) 870-2788 John Morse

Painters

Charles F. Mann Painting Co. OBR, Inc. BW Bucher Painting 3638 Marine Rd. 830 Mill St. PO BOX 49 Toledo, OH 43609 Toledo, OH. 43609 Monclova, OH 43542 (419) 385-7151 (419) 244-7372 Office: (419) 861-6100 Fax: (419) 385-0597 Fax: (419) 244-0627 Cell: (419) 266-7081 Fax: (419) 861-6116 [email protected]

Floyd P. Bucher & Sons P.O. Box 7248 Toledo, OH 43615 (419) 531-2802 Fax: (419) 531-2805

Glass and Glazing

Automated Entrance Technology Interstate Commercial Glass & Door, Inc. Maumee Valley Glass & Mirror (Toledo Mirror & Glass Co.) 6677 Lewis Avenue 4750-A Angola Rd. 103 Avondale. Temperance, MI 48182 Toledo, OH 43615 Toledo, OH 43604 (419) 478-1492 (419) 385-7800 (419) 241-3151 Fax: (734) 847-0670 Fax: (419) 385-9701 Fax: (419) 241-3122

Monroe Glass Co. 15475 S. Telegraph Rd. Monroe, MI 48161 (734) 242-1930 Fax: (734) 242-1530

Electrical Contractors

Turner Electric Co. Infinity Electric, Inc. Romanoff Electric Corp. 8530 West Central Ave. Suite 1 4101 King Road, Suite A 5055 Enterprise Sylvania, OH 43560 Sylvania, OH 43560 Toledo, OH 43612 (419) 841-5446 (419) 843-3215 (419) 726-2627 Fax: (419) 841-8101 Fax: (419) 843-2657 Fax: (419) 726-5406

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Laibe Electric Co. 404 N. Byrne Rd. Toledo, OH (419) 724-8200 Fax: (410) 531-5809

Demolition

The Lathrop Company E & K Contractors The Spieker Company 400 Awest Dassel Drive 4030 Fitch Road 8350 Fremont Pike Maumee, OH 43637 Toledo, OH 43613 Perrysburg, OH 43551 (419) 893-7000 (419) 474-9454 (419) 872-7000 Fax: (419) 893-1741 Fax: (419) 474-9454 Fax: (419) 872-7010

Construction Disposal

Keter Environmental Services, Inc. Customer Service line: (866) 679-5079 [email protected]

**Exclusively

Flooring

Decorative Flooring Services Floorcraft Designs Wilson Tile & Stone 6539 Weatherfield Court (Wood Sanding & Refinishing) 6561 Angola Road Maumee, OH 43537 1755 W. Sylvania Avenue Holland, OH 43528 Office (419) 865-9000 Toledo, OH 43613 (419) 866-4300 Fax (419) 865-9005 (419) 480-1700 Fax: (419) 867-1030

Doors, Frames, Hardware, Toilet Compartments & Accessories

Sign Companies

Harmon Sign Co. Toledo Sign Co. Inc. Classic Sign Co. 7844 West Central 2021 Adams St. 112 Lagrange St. Toledo, OH 43617 Toledo, OH 43624 Findlay, Ohio 45840 (419) 841-6656 (419) 244-4444 (419) 420-0058 Fax: (419) 841-7160 Fax: (419) 244-6546 [email protected]

Concrete Saw Cutting and Drilling

Duffey Concrete & Sign Company Ohio Concrete Sawing & Drilling E & K Contractors 611 Daniels Avenue 8534 Awest Central Avenue 4030 Fitch Road Toledo, OH 43601 Toledo, OIH 433560 Toledo, OH 43613 (419) 241-9122 (419) 841-1330 (419) 474-9454 Fax: (419) 843-6203 Fax: (419) 474-9494

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Concrete Installations

Van Tassel Construction Corp. Emmeneckers Stone & Concrete E & K Contractors PO Box 698 4759 Hill Ave. 4030 Fitch Road Sylvania, OH 43560 Toledo, Ohio 43615 Toledo, OH 43613 (734) 856-7900 (419) 536-4048 (419) 474-9454 Fax: (734) 856-7933 No Fax Fax: (419) 474-9494

Plumbing

E & K Contractors Coyle Mechanical, Inc. 4030 Fitch Road 5145 Stickney Avenue Toledo, OH 43613 Toledo, OH 43612 (419) 474-9454 (419) 729-3007 [email protected] Fax: (419) 729-4320

HVAC

VM Systems, Inc. Wadsworth Solutions Commercial Comfort Systems, Inc. 3125 Hill Ave. 1500 Michael Owens Way P.O. Box 8792 Toledo, OH 43607 Perrysburg, Ohio 43551 Maumee, OH 43537 (419)535-1044 (419) 861-3795 (419) 481-4444 Fax: (419) 535-8644 (419) 861-3279 Fax: (419) 832-0126

Dunbar Mechanical, Inc. 2806 N. Reynolds Road Toledo, OH 43615 (419) 724-9241 Fax: (419) 724-9341

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Exhibit H

LIMESTONE FLOOR TILE SPECIFICATIONS FOR REPAIRS & INSTALLATIONS

A-1. DEMOLITION

1. Existing floor tile shall be removed so as to preserve the surrounding remaining tile (if applicable). Extreme care shall be exercised while removing waste tile so as not to damage the remaining tile. Existing grout lines shall be sawed to create a separation between tile that is to remain and tile that is to be demolished. If the preserved or adjoining tile (good tile to remain) becomes damaged, that piece of tile (s) shall be removed at Contractor’s expense. Suitable tools (i.e. pneumatic chipping hammers, chisels, sanders, grinders and carbide saws) shall be used to insure the tile is removed in a safe and efficient manner. 2. The substrate of the existing floor shall be prepared to receive the new tile so that the elevation of the new installed tile is consistent with the existing surface. This is specifically important where mall supplied limestone tile is installed at Tenant entrance transitions. Note Installation Specifications under CIII-1.

B.II PREPARATION

1. Prepare the existing substrate as required to bring substrate to required elevations 2. Surface protrusions and tile glaze shall be removed by sanding, scraping, or chipping. Surface to be tiled shall be structurally sound, dry, and free from oil, grease, dust, loose or peeling paint, concrete sealers, or curing compounds. Any and all contaminates of this nature shall be removed prior to installation of tile. 3. The substrate of the existing floor shall be prepared with the following applicable materials as follows:

1. Regular – Normal Usage 2. Fast Acceleration 3. Recommended Where Existing TEC Full Flex TEC Quik Flex Surface/Stress Cracking Is Evident Universal Latex – Modified Thin Set Accelerated Thin Set Mortar TEC Triple Flex Mortar Gray TA-395 Epoxy Flexible Bonding Mortar Gray TA-390 TA-324 Part A and TA-324 Part B The above-specified materials shall not be used for truing substrate conditions. For non-level surfaces use a leveling compound or suitable TEC brand medium or thick bed mortar. Comparable recommended materials may be used. Follow manufacturer recommendations for application and cure times

C.III INSTALLATION

1. Franklin Park Mall tile shall be installed to point of Tenant closure. 2. A metal transition strip shall abut Franklin Park tile to Tenant adjoining floor, creating a smooth, even transition with a maximum elevation toleration of +/- 1/32”. 3. Soldier course tile shall match existing Franklin Park layout course. 4. Demise Pier base tile to match existing Franklin Park demise pier detail. 5. Tile shall be installed so that all surfaces and elevations are smooth, even, and consistent as follows: 6. Elevation Tolerance: +/- 1/32” 7. Grout Widths (W) Tolerance: Required W=1/8” +/- 1/32” 8. A straight edge is required of sufficient length to insure the installed tile is level and meets required elevations. 9. Installations not meeting the required tolerance shall be rejected. However, where new installations border existing conditions not consistent with the required tolerance, and for the purpose of matching existing elevations and grout widths, the new installation may be permissible as directed by the Franklin Park representative. 10. The following tile grout shall be used: Bostik Hydroment Ceramic Tile Grout (Sanded) #361-25 Misty Gray. Comparable recommended materials may be used. Follow manufacturer recommendations for application and cure times 11. Clean tile surface per manufacturer’s recommendation.

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Exhibit I – TENANT AND CONTRACTOR ASBESTOS NOTIFICATION

TO: All Tenants & Tenant Contractors

SUBJECT: NEW OSHA ASBESTOS REGULATIONS (29 CFR 1910.1001; 1926.1101)

New Occupational Safety and Health Administration ("OSHA") regulations include a presumption that certain construction materials contain asbestos. These presumed asbestos containing materials ("PACM") include thermal system insulation, sprayed and troweled-on surfacing materials, and vinyl/asphalt flooring installed in buildings built before 1981. If any of these materials are present within your premises and have not been analytically tested and determined to be "non-ACM", you should presume that they contain asbestos and treat them accordingly.

The OSHA regulations also require that any Contractors or employees performing repair, maintenance, housekeeping or other work be notified of the presence and location of these materials. Accordingly, if any of these materials are present within your premises, the regulations may require you to notify your employees and any Contractors and/or Sub Contractors performing work within your premises.

The information provided in this notice should assist you in complying, in part, with your obligations under the new OSHA regulations. If you need further information regarding these regulations, please contact your home office, Federal OSHA, or its state or local counterpart. Information regarding asbestos surveys that may have been performed for the common areas or other portions of the Building is available from your Franklin Park Center Manager or Building Manager.

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Exhibit J TOLEDO MUNICIPAL CODES

CHAPTER 1319 Violations and Penalties 1319.01 Investigations of illegal or unauthorized work. 1319.02 Stopping work. 1319.03 Abatement. 1319.04 Illegal and/or unauthorized work, penalty and fines. CROSS REFERENCES Penalties for misdemeanors - see GEN. OFF. 501.99 Permit fee not refundable if project cancelled – see BLDG. 1307.07 Board of Building Appeals – see BLDG. Ch. 1315

1319.01. Investigation of illegal or unauthorized work. When any person, firm or corporation has commenced work on a project without first procuring the required plan review, approval, or permit, the Division of Building Inspection shall make a thorough investigation to determine whether all work performed prior to the subsequent issuance date of the specified permit conforms to all pertinent Building Code provisions. The charge for making such an investigation is identified in Section 1319.04 (a) and shall be in addition to the required permit fees. (Ord. 129-15. Passed 3-31-15.)

1319.02 Stopping Work. Whenever the Division of Building Inspection is satisfied, through inspection, that illegal or unauthorized work is occurring or has occurred on a building or structure regulated by this Code, the Chief Building Official shall serve a written notice of adjudication, also known as a stop work order, upon the property owner, the owner’s agent, or the person responsible for the violation. The notice of adjudication shall direct that person to stop such illegal action and suspend such unauthorized work until the condition in violation has been remedied. Illegal or unauthorized work shall be considered: (a) Work in non-compliance with or in violation of the building codes adopted in this Part Thirteen; (b) Work being performed in a dangerous or unsafe manner; (c) Work in non-compliance with approved construction documents; (d) Violations in the operation of a building contrary to the public welfare, defined in TMC Chapter 1725.

(Ord. 129-15. Passed 3-31-15.) 1319.03 Abatement. In cases where such notices or orders are not promptly complied with, the Division of Building Inspection shall request the Director of Law to institute an appropriate action or proceeding at law or in equity to prevent an unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use; or to restrain, correct or abate a violation; or to prevent the occupancy of a building, structure or premises; or to prevent an illegal act, conduct, business or use in or about any premises upon which the violation has occurred or is occurring. The penalties prescribed in Section 1319.04 shall not preclude the Director of Law from instituting appropriate legal actions or proceedings to prevent such illegal or unauthorized work from continuing. (Ord. 129-15. Passed 3-31-15.)

1319.04. Illegal and/or unauthorized work, penalty and fines. (a) Whoever violates provision of Part Thirteen – Building Code for which a penalty is not otherwise provided shall be guilty of a misdemeanor 1st degree. (b) In addition to any other penalty provided for in this chapter, the Chief Building Official or his or her designee may issue a Notice of Liability to anyone who violates Part Thirteen – Building Code. A Notice of Liability shall be a civil offense punishable by fine as follows: 1. First offense $250.00 2. Second offense within three years $500.00 3. Third offense within three years $1,000.00 4. Fourth offense within three years $2,000.00 Page 25 of 31 Franklin Park Mall Tenant Construction Rules and Regulations

5. Fifth offense or more offenses within three years $3,000.00 6. A civil fine of up to one thousand dollars ($1,000.00) shall be paid for each instance where a structure is illegally occupied in violation of this Part Thirteen – Building Code. (c) The payment of the aforementioned charges shall not relieve any person, firm or corporation from full compliance with the requirements of the Building Code in the execution of the work nor from any penalty prescribed therein. (d) The owner of any building, structure or premises where anything in violation of this Part Thirteen – Building Code shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. Each day’s continued violation of any provision of this Part Thirteen – Building Code shall constitute a separate offense. (e) Anyone charged with a Notice of Liability may appeal said notice as provided by Section 1315.02. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability. (f) The penalty for illegal and unauthorized work identified prior to issuing the required permit shall be in addition to the required permit fee and shall be double the permit fee specifically required in Chapter 1307 of this Code plus a fine in accordance with the schedule of fines shown in Section 1319.04(b). (Ord. 119-17. Passed 3-21-17.)

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Zip Company Address City State Code Telephone Fax Barriger Electric Company 4425 Stickney Toledo OH 43611 (419) 727-1500 (419) 727-0969 Brint Electric, Inc. 7825 W. Central Ave. Toledo OH 43617 (419) 841-3326 (419) 841-2648 Bryson/Tucker Electric, L.L.C. 50 Elmdale Road Toledo OH 43607 (419) 536-2293 (419) 536-2799 Colgan-Davis, Inc. 1682 Lance Point Dr. Maumee OH 43537 (419) 893-6116 (419) 893-7977 GEM ENERGY 6842 Commodore Dr. Walbridge OH 43465 (419) 666-6554 (419) 666-7004 Impact Electrical, LLC 2617 Shetland Road Toledo OH 43617 (419) 841-6064 (419) 517-3614 Laibe Electric Co. 404 N. Byrne Rd. Toledo OH 43607 (419) 724--8200 (419) 531-5809 Lake Erie Electric of Toledo, Inc. 12763 Middleton Pike Bowling Green OH 43402 (419) 352-7141 (419) 373-1940 Northwest Electrical Contractors, Inc. 6529 Angola Road Holland OH 43528 (419) 865-4757 (419) 865-4722 Dad Patchen, Inc. 2665 Navarre Suite 1 Oregon OH 43616 (419) 693-9001 (419) 693-1552 Romanoff Electrical Co. 5570 Enterprise Blvd. Toledo OH 43612 (419) 726-2627 (419) 726-5406 Transtar Electric, Inc. 767 Warehouse Rd. Suite C Toledo OH 43615 (419) 385-7573 (419) 385-0747 Turner Electric Company, Inc. 8530 W. Central Ave. Sylvania OH 43560 (419) 841-5446 (419) 841-8101 U.S. Utility Electrical Services Corp. 3592 Genoa Road Perrysburg OH 43551 (419) 837-9753 (419) 837-9959 Westfield Electric, Inc. PO Box 93 Gibsonburg OH 43431 (419) 862-0078 (419) 862-0079 Westphal Electric, Inc. 6409 Hamilton Dr. East Holland OH 43528 (419) 865-8888 (419) 865-8800

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