CROSSIRON MILLS
Municipal District of Rocky View, Alberta, Canada
ANCHOR TENANT DESIGN CRITERIA MANUAL
November 2007 CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
2 Welcome To CrossIron Mills!
CrossIron Mills is prominently and strategically situated 15 km (10 miles) north of Calgary, in the heart of MD of Rocky View, Alberta, Canada, just south of Highway 566, adjacent to Queen Elizabeth II Highway (Deerfoot Trail) and Township Road #261. With convenient access to Highway 2, CrossIron Mills compliments its neighbor, United Horsemen of Alberta (UHA), with a vibrant shopping and entertainment experience.
CrossIron Mills combines manufacturer’s outlets, top brand-name retailers and engaging entertainment in a dynamic environment that includes theme restaurants, entertainment and interactive retailers to produce an experience the whole family will enjoy.
CrossIron Mills is a one level, 1.4 million square foot enclosed retail/entertainment complex, on a 200 acre property. It will be the central feature on the development with 17 major/anchor stores and over 200 specialty retailers. CrossIron Mills will be one of the largest shopping and entertainment centres in the region and a destination for millions of Canadian and American consumers, families, and tourists alike.
The interior of the mall is divided into sky lighted colourful Neighborhoods that feature “Discover Alberta” themes and create courtyards and seating oases, as well as courts with interesting eye catching features which customers can enjoy during their visits. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
3 TABLE OF CONTENTS
A. INTRODUCTION ...... 5
A.1 SCOPE...... 5 A.2 TENANT COORDINATION...... 5 A.3 REFERENCE MATERIALS ...... 6 B. TENANT DESIGN CRITERIA ...... 7
B.1 GENERAL ...... 7 B.2 BUILDING EXTERIOR DESIGN CONCEPTS ...... 7 B.3 EXTERIOR ENTRY DESIGN ...... 7 B.4 INTERIOR ENTRANCES ...... 8 B.5 INTERIOR FINISHES ...... 8 B.6 DEMISING PARTITIONS ...... 9 B.7 TENANT INTERIOR PARTITIONS ...... 9 B.8 NOISE/VIBRATION CRITERIA...... 9 B.9 DOORS ...... 10 B.10 FLOORS ...... 10 B.11 CEILINGS ...... 11 B.12 LIGHTING ...... 12 1. General Lighting ...... 12 2. Accent Lighting ...... 12 3. Landscape Lighting ...... 12 B.13 SIGNAGE...... 13 1. Exterior Signs...... 13 2. Exterior Signage Approval ...... 15 3. Interior Storefront Signage...... 15 4. Signage Construction and Illumination ...... 17 5. Signage Submission...... 17 B.14 STRUCTURAL ...... 18 1. Structural Design Loads (Gravity Loads)...... 18 2. Heavier Ceilings...... 18 3. Loads to Joist Chords ...... 18 4. Hanging Equipment...... 18 B.15 PLUMBING...... 19 1. Installation ...... 19 2. Pipe Insulation ...... 19 C. LANDLORD’S WORK ...... 20
C.1 BUILDING SHELL ...... 20 C.2 ELECTRICAL SERVICE ...... 20 C.3 HEATING, VENTILATING AND AIR CONDITIONING EQUIPMENT (HVAC) ...... 20 C.4 PLUMBING...... 20 C.5 GAS PIPING ...... 21 C.6 FIRE PROTECTION SYSTEM...... 21 C.7 TELEPHONE SYSTEM ...... 21 C.8 TENANT WORK AUTHORIZATION FORM ...... 21 C.9 OUTSIDE OF LEASED PREMISES...... 21 D. TENANT’S WORK ...... 22
D.1 GENERAL ...... 22 D.2 DRAWINGS...... 23 CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
4 D.3 INTERIOR STOREFRONTS, NEUTRAL BANDS AND SIGNAGE ...... 23 D.4 FLOORING...... 23 D.5 EXTERIOR WALLS ...... 23 D.6 RATED CONSTRUCTION ...... 23 D.7 INTERIOR SERVICE/EXIT CORRIDOR DOORS & EXTERIOR ENTRY ...... 24 D.8 PUBLIC WASHROOM...... 24 D.9 MEZZANINES...... 24 D.10 INTERIOR PARTITIONS...... 24 D.11 TELEPHONE SYSTEM ...... 24 D.12 FIXTURES AND FURNISHINGS ...... 24 D.13 INTERIOR FINISHES ...... 25 D.14 FINISH HARDWARE...... 25 D.15 CEILING ...... 25 D.16 ADDITIONAL REQUIREMENTS...... 25 D.17 SECURITY ...... 25 D.18 STRUCTURAL ...... 25 D.19 HEATING, VENTILATING AND AIR CONDITIONING (HVAC)...... 26 D.20 ELECTRICAL...... 26 D.21 PLUMBING...... 28 D.22 FIRE PROTECTION SYSTEM...... 28 E. TENANT DESIGN SUBMISSION ...... 29
E.1 SUBMISSION REQUIREMENTS...... 29 E.2 TENANT PACKAGE...... 29 1. Store Design Drawings ...... 29 2. Store Working Drawings and Specifications ...... 30 3. Construction Drawings...... 31 4. Sign Drawings...... 32 5. As-Built Drawings ...... 32 E.3 GENERAL INFORMATION...... 32 F. CONSTRUCTION REGULATIONS...... 33
F.1 COMMENCEMENT OF CONSTRUCTION ...... 33 F.2 PERMITS, FEES AND APPROVALS...... 33 F.3 LABOUR AFFILIATIONS ...... 34 F.4 WORKING HOURS ...... 34 F.5 SAFETY REGULATIONS...... 34 F.6 TEMPORARY SERVICES...... 35 F.7 TENANT’S WORK BY LANDLORD ...... 35 F.8 ROOF WORK...... 35 F.9 REVIEWED DRAWINGS ...... 36 F.10 ACCESS TO LEASED PREMISES...... 36 F.11 USE OF MALL FLOOR ...... 36 F.12 INSURANCE AND SECURITY ...... 36 F.13 PARKING ...... 37 F.14 DAMAGE TO PROPERTY ...... 37 F.15 TEMPORARY STOREFRONT ...... 37 F.16 COMING SOON SIGN ...... 37 F.17 CLEAN-UP ...... 38 F.18 FULL PAYMENT ...... 38 F.19 GENERAL ...... 38
CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
5 A. Introduction
The “Mills” concept of value retailing combines major stores and specialty retailers including off -price, manufacturer, and retail outlets in an artfully designed retail environment of exciting, entertaining-oriented shopping.
The primary shopping thoroughfare of the mall is called Mainstreet, which is divided into themed Neighborhoods, punctuated by Courtyards, Oases, Entry Courts and a Food Court. Themed courts separate Neighborhoods and the storefronts are designed uniquely different from those in Mainstreet.
The overall theme of a Mills’ mall is one of vitality and community. The Mills’ goal is to create an authentic and unique sense of shopping.
A.1 Scope
The Manual is intended to provide Tenants and their architects, designers, engineers and contractors with information required for the design and construction of stores at the retail mall, developed and owned by Ivanhoe Cambridge Inc., herein referred to as “Landlord”. It contains the Landlord’s criteria for store design, procedures for obtaining the required Landlord approval of store designs, and regulations, which will cover construction procedures throughout this Project. Familiarity with the contents of this Ma nual is required, as it will form the basis of the Landlord’s approval of all Tenants' design and construction work. The Anchor Tenant Design Criteria is intended to encourage quality design and to establish a common point of departure for the benefit of all Tenants. The space you have leased is located in one of the themed Neighborhoods or Courtyards. See the attached Key Plan for the theme near your Premises. Any renderings, drawings and floor plans contained in this Manual are included for illustrat ive purposes only to assist Tenants comply with the design criteria. The actual design and configuration of each Tenant space may vary from such renderings, drawings and floor plans. In case of deviations between these illustrative drawings and the Tenant’s Lease Outline Drawings (LODs), the latter will govern. The Landlord, according to the procedure outlined in your lease, must approve all improvements by the Tenants in advance. Tenant and their architects and engineers, should field verify existing c onditions within their Leased Premises before beginning preliminary design work.
A.2 Tenant Coordination
It is the function of the Tenant Coordination Team to help you open your store on time and to ensure that your store is architecturally compatible with, and of the same design quality, as the Project. Tenant Coordination is the liaison between Landlord and the Tenant, its architects, designers, engineers and contractors. Tenant Coordination for this Project will be directed by the Landlord’s Design an d Construction Department. Questions, comments and submissions should be directed to:
Design Manager, Anchor Tenants (Onsite) Senior Construction Manager (Onsite) Dawn MacInnes Brian Roddick Ivanhoe Cambridge Inc. Ivanhoe Cambridge Inc. P: (403) 441-2077 P: (403) 441-2080 D: (403) 441-2080 D: (403) 441-2070 F: (403) 441-2088 F: (403) 441-2088 [email protected] [email protected] CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
6 A.3 Reference Materials
This Manual is to be read in conjunction with the Lease Outline Drawings, Lease Exhibits and all codes applicable to the Project. These include, but are not necessarily limited to, the latest edition of the Alberta Building Code currently in force, with all applicable supplementary documents issued in conjunction with that Code. In case of discrepancy between this Manual and Exhibit C, Exhibit C shall take precedence and shall apply. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
7 B. Tenant Design Criteria
B.1 General
Throughout this Manual, certain terms are used which are common terms in the retail industry. Some of these terms have specific implications with respect to applicable local codes and ordinances.
Mainstreet as used herein shall mean the mall common area. The separation between the Leased Premises and Mainstreet, herein referred to as “Storefront”, including glazing, entry elements, doors, grilles, bracing and supports, depressions and any walls between the Leased Premises and Mainstreet shall be designed and installed by the Tenant at the Tenant’s expense.
Refer to the Lease Outline Drawings for additional information.
Landlord’s approval does not assure satisfactory performance of Tenant systems, n or compliance with any Provincial, Federal and or/ Local codes, regulations, and ordinances. It is the Tenant’s sole responsibility to ensure that Tenant’s systems will meet the Tenant’s operational needs and perform in accordance with the provisions of the Authority Having Jurisdiction.
B.2 Building Exterior Design Concepts
Architectural design of the Tenant's exterior facade shall be by the Tenant in accordance with this Handbook. In addition, the building materials and color shall be compatible with t he Mall Building and all other Anchor Tenant Premises. The design and location of the Tenant's exterior entrance, if the Tenant elects to have one, shall not interfere with the sight lines to any Mall Building entry.
Each of the Anchor Tenants within the Mall will have their own unique character. Exterior facades will be composed of scale elements which minimize the apparent mass of the wall areas. Changes in color and material should be used to organize elevations. All building improvements, with the exception of trim and minor architectural features, shall be designed & constructed of materials approved by Landlord and any Authority Having Jurisdiction.
B.3 Exterior Entry Design
The exterior entrance to the Tenant Building is intended to provide a dramatic gateway to the store. It will be a highly visible statement, with legibility from both a vehicular distance as well as an approaching pedestrian context. Its scale and design are meant to complement and contrast with the Tenant Premises.
Design of this element will be by the Tenant in accordance with this Handbook, and will be subject to conceptual design review by the Landlord's Design Coordinator. The exterior entrance is driven by one basic concept, that an entry appears to stand away from the Building, minimally attached to the Anchor Tenant Building as required for support. Construction of the exterior entrance will be by the Tenant using Landlord approved contractors. The design and construction of the exterior entry shall be at the Tenant's sole cost unless otherwise provided for in Exhibit C.
The entry feature shall be limited to 10’ higher than surrounding Building parapet by 60' -0" maximum length. In order to maintain each Tenant's identity, the entry feature will need to be different from adjacent Anchor Tenants. It is the Landlord’s goal to achieve this diversity between Tenant entries. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
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B.4 Interior Entrances
The Tenant's Mainstreet storefront shall be designed in accordance with this Handbook, and constructed by the Tenant unless provided otherwise in the Lease Agreement. In addition, the storefront design must be compatible with the design of the Mall Building interior at the Building Interface.
The use of display windows, setbacks, and material and texture changes will be employe d to avoid large blank walls at the Tenant's interior storefront. The tenant’s interior entry should incorporate 10’ high (minimum) storefront glazing and customer entrance. The Tenant's initial fixture and merchandise plans and finishes for an area approximately 40' or 50' deep inside its interior entrance are subject to review and approval by Landlord.
B.5 Interior Finishes
Tenant, in accordance with this Tenant Design Manual, Building Code and Authority Having Jurisdiction shall furnish all labor, material, equipment and services necessary to complete in a good, substantial and approved manner, the work described herein:
a) All Tenant construction shall be confined to the Leased Premises. b) No wood or other combustible materials shall be used above the ceiling line. c) All Tenant fixtures, furniture, carpeting (including under-padding), upholstery materials, drapery and other furnishing must meet code requirements. d) Any damage by Tenant’s contractor to Landlord’s improvements or any fire rated assembly must be promptly reported by Tenant’s contractor to Landlord and will be repaired by Landlord’s designated contractor at Tenant’s expense. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
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B.6 Demising Partitions
a) Landlord installed demising partitions, which have a fire resistance rating, are indicated on Tenant’s Outline Drawing. Tenant modifications to such partitions shall be done in a manner that all ratings are maintained. b) All Tenant partition construction shall have taped joints. All walls exposed to public view shall be finished with a minimum of three (3) coats of joint compound and sanded smooth. c) All demising partitions are non-load bearing constructed of 6” metal studs to roof deck and Tenant may not hang fixtures from them. d) Should Tenant require wall reinforcing and/or backing to accommodate the load ing of Tenant’s wall hung fixtures, it shall be furnished and installed by Tenant at Tenant’s expense. e) Any combustible materials applied to partitions shall meet all flame-spread and smoke generation requirements of Authority Having Jurisdiction and receive a ULC labeled fire retardant coating if required by code.
B.7 Tenant Interior Partitions
a) All interior walls within the Tenant’s sales area shall be metal stud construction and shall have 5/8" gypsum board, taped, sanded and finished up to 12’-0” A.F.F. or 12” above the top of the storefront glass, whichever is greater. Acceptable finishes are: i) Paint – minimum of two (2) coats. Walls above Tenant light fixture/ceiling line shall be painted a light neutral colour. Tenants shall protect against overspray into adjacent Tenant space, Landlord common areas, Mainstreet and service corridors. ii) Slatwall – shall not exceed 50% of wall area. Slatwall must have a laminated finish, slot inserts to cover screws, and finished edge conditions. iii) Wall coverings – as approved by Landlord iv) Mirrors can be used as accents only, not as a total finish. v) Wall Panel System – Acceptable finish is high pressure laminate. Other finishes will be considered during Landlord’s design review.
b) The use of the following materials will not be allowed: i) Simulated stone and brick (trompe l’oeil may be acceptable – submit for Landlord’s review) ii) Wood grained plastic laminates iii) Pegboard walls and pegboard fixture systems iv) Rough finish drywall v) Textured (T-111) plywood vi) Carpeting on walls vii) Other materials as noted by Landlord during design review
B.8 Noise/Vibration Criteria
Tenants shall not produce transient sound which exceeds 65 db when measured at Tenant’s lease lines. To achieve this required level, Tenants shall:
a) Mount tenant speakers and/or amplifying devices at 11’-0” A.F.F. b) Only use paging devices or microphones which have an adjustable compressor/limiter c) Install only Audio/Visual systems that have basic tone controls; minimally, bass and treble adjustments d) Place sound producing equipment at least 2’-0” below the top of Demising Walls finishes. e) Install vibration isolators with any equipment from which vibration may transmit to adjacent Tenant spaces or to Landlord’s common areas CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
10 Tenants are encouraged to consult with a Sound Attenuation Engineer to ensure Landlord’s criteria are met. Tenants may wish to consider utilizing construction methods that aid in the reduction or elimination of transient sounds and vibration. These methods include the use of sound baffling panels around sound producing equipment, vibration isolators, and optimal placement of equipment. In the event Tenant’s operations are found to produce transient sound or vibration in excess of the stated criteria, Tenant shall be required to adjust activities or systems producing excess sound or vibration accordingly.
B.9 Doors
a) Tenant’s interior doors shall have a minimum of 1-1/2 pair butts, wall or floor stops, kick plates, lock sets and push-pull plates, as required by code, and be a minimum 1-3/4” thick. All exit doors shall have hardware as required by code. b) Interior doors may be hollow core and shall be finished with a stain, clear varnish, or paint. Tenant shall be responsible for all door hardware within the Leased Premises. c) All dressing rooms shall have doors in areas visible to the public. Curtains may only be used in areas that are not in public view. d) The relocation of any exterior Tenant door shall be performed by Landlord at Tenant’s sole expense and must be coordinated with the structure of Landlord’s building.
B.10 Floors
Tenants shall install floor covering in the Sales Area which conforms to the following criteria:
a) Hardwood flooring with wear resistant surface coating b) Ceramic, quarry and stone tile installations must be commercial grade with non-slip surface. c) Carpet must be commercial grade with proper fire ratings. Carpeting will not be permitted where colour, quality or weave is not suitable for high traffic areas. d) Patterned, sealed or stained concrete is permitted. Tenant must achieve flush transition to Mainstreet flooring with no deviation in colour or pattern. Use of this flooring system is subject to Landlord approval. e) No vinyl reducer strips are permitted between any floor transitions. There must be a flush transition and clean separation between different flooring materials. “L” metal type screeds are recommended. f) Vinyl flooring will be allowed in the sales area only if vinyl is a pure vinyl made for high traffic areas and floor patterns are creative in design, a minimum of one field and two accent colours. Samples and proposed design layout must be submitted to Landlord for approval if this type flooring is desired. g) Tenant floor finish shall be absolutely flush with Mall floor finish. Tenants shall feather the slab as required to achieve a flush condition. An “L” metal screed will be provided by Landlord at the junction of Mainstreet floor and Tenant’s entry. No other “transition strip” is allowed. h) Tenant shall fill in slab depressions and cracks in the Leased Premises and cover with appropriate floor finish. i) Tenant’s floor finish shall extend only to Landlord’s transition strip which is located approximately center of Tenant’s closure line. In the event the Tenant’s floor stops short of the transition strip, the Landlord must approve design change and the Tenant is required to carry, at Tenant’s expense, the base building floor and wall finishes to the closure where exposed to the Mainstreet. The “closure” of a store is defined as the line where the Tenant’s storefront meets Mainstreet floor when the store is closed, as viewed from the mall. Flooring will be the same material and pattern as that of the mall. The Landlord will specify the flooring material. Failure to comply with this requirement will result in replacement of unapproved materials by the Landlord at Tenant’s expense. j) Tenant shall provide finish base to match flooring installed throughout the Demised Premises. k) Stockrooms with exposed concrete floor shall be sealed and have a 4” vinyl cove base installed. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
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B.11 Ceilings
Ceiling in Tenant spaces is optional. Tenants are encouraged to have an open ceiling which may incorporate an open grid or be painted.
However, any Tenant who installs a ceiling shall coordinate the design with all Landlord systems or utilities as described in this Manual and Exhibit C. All work related to ceiling and ceiling treatments, if any, shall be the responsibility of Tenant. Tenant installed ceilings shall conform to the following criteria:
a) All ceilings shall be minimum of 11’-0” A.F.F. or 12” above the storefront glass; whichever is greater, except where otherwise noted on the Outline Drawing. Tenant ceiling must be compatible with the base building fire/life safety system. Tenant shall not have a stockroom ceiling. Tenant shall bear the cost of design and rearranging the fire/life safety system for the Base Building to accommodate Tenant’s enclosed areas if deemed necessary by Landlord’s engineers or the Authority Having Jurisdiction. Base Building fire sprinklers at the roof deck shall remain in place. All additional sprinklers required to accommodate ceilings installed by the Tenant shall be connected to the nearest feed or cross main or branch line for the overhead sprinkler system. Such additional heads shall be installed by Landlord’s designated contractor at Tenant’s expense both as required by Authority Having Jurisdiction and Landlord’s insurance carrier.
b) All Tenant installed ductwork, conduits, pipes and any other mechanical or electrical equipment exposed to public view from outside the Leased Premises shall be laid out and installed in a neat and orderly configuration. Tenant shall paint the above improvements with a colour and finish to match Landlord’s finish if Tenant’s improvements can be seen from Mainstreet. Mainstreet as used herein shall mean the pedestrian walkways (Mall) within the Project.
c) Maximum distance between openings in ceiling or egg crate ceiling tile shall be 10’-0”.
d) Minimum required opening in ceiling or egg crate is 10% of total area.
e) Landlord will allow the following ceiling types:
i) Metal or cloth baffle system ii) Open cell metal grid iii) Suspended pipe frame grid and banners iv) Painted gypsum board v) Acoustical 24”x24” or 24”x48” lay-in tile vi) Open cell metallic egg crate in varying colour and styles (must meet openness requirements of local codes)
f) Wall to wall suspended ceilings are allowed. The structure of Landlord’s building has been designed to accept a super-imposed loading of three (3) pounds per square foot for the installation of Tenant’s suspended ceiling and equipment. Where the Tenant’s suspended ceiling design does not provide inherent access capability to the space above, suitable access panels shall be provided by the Tenant at any equipment or control devices requiring routine adjustment, inspection, or maintenance by either the Landlord or the Tenant.
g) All ceiling suspension systems shall be metal. Support for ceiling hangers shall be from structural members and is subject to review by Landlord’s structural engineer at Tenant’s expense. Support from metal roof deck or Landlord utilities shall not be permitted. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
12 h) All ceilings, related framing, blocking and accessories shall be noncombustible. No combustible or fire retardant treated wood or other materials may be used above finished ceiling surfaces under any circumstance.
B.12 Lighting
1. General Lighting
The lighting of the Tenant exterior entry may not compete with the Landlord’s Mall Entry lighting. The final decision on the Tenant lighting design is by Landlord or Landlord's lighting consultant. The Tenant's exterior lighting fixtures must match the fixtures chosen by Landlord's lighting consultant. Those fixtures are:
1. Service Courts: 175 watt metal halide wall pack - 347 volt, Mounting Height 16' - 0" above finish grade and shall be coordinated with the EIFS pattern. All service docks and entries to be illuminated with metal halide sources. Verify exact manufacturer specification and model # with Landlord’s Anchor Tenant Project Manager.
2. Tenant Elevations: 100 watt metal halide wall pack, Mounting Height +/-16'-0" above finish grade and shall be coordinated with the EIFS pattern. Verify exact manufacturer specification and model # with Landlord’s Anchor Tenant Project Manager.
Exterior illumination of the Building at the Tenant's entry shall operate from dusk till one hour after the Mall closing. All lighting is to be spaced and positioned to comply with all applicable codes. All illuminations to be U.L.C. listed for their specific application.
Selection of light sources, i.e. metal halide, should be appropriate to the façade material to be illuminated. Cooler colored materials render better with metal halide sources. Under no circumstance will mercury vapor or low or high pressure sodium sources be acceptable. All specified lighting must have light glare full cut-off control shading capabilities.
2. Accent Lighting
Building exterior accent lighting at the Tenant's entry, complementary to the tenant's design concept, is encouraged by the Landlord. Ground mounted wall accent, wall mounted up/ down sconces, and translucent lensed decorative lights are all acceptable ways to provide added Tenant exterior image accent. Use of accent lighting should be coordinated with exterior wall facing patterns and /or landscape locations, to provide creative, logical placements for the selected method of accent lighting. Accent lighting should not provide detriment to any Landlord space, adjacent tenancy, or public. Use of "cut-off" lighting types, accessories and techniques to minimize glare is mandatory. All lighting fixture specifications and proposed usage is to comply with all Landlord criteria and must be located and adequately presented for Landlord review. Custom lighting/shrouds must be presented in a complete and comprehensive manner for evaluation.
3. Landscape Lighting Landscape illumination at the Tenant's entry is encouraged to avoid dark areas along the façade that would make shoppers uncomfortable. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
13 B.13 Signage
1. Exterior Signs In addition to the other terms and conditions of the Lease, Tenant's signage must comply with the Landlord's Signage Criteria as described in this Anchor Tenant Design Handbook and as approved by the Authority Having Jurisdiction. Tenant shall be allowed to install one (1) sign only on each of their facades that faces onto a parking field, for a total of no more than three (3) signs. The acceptable sign locations are: 1–on the primary elevation, either (a) mounted above the main entry doors as part of the entry feature, or (b) if the Demised Premises does not have an exterior entrance the sign can be wall mounted on the primary exterior elevation, and 2–on the secondary exterior building elevations mounted on the wall with the following criteria. Primary Exterior Elevation Sign - location 1(a) shall be limited to a maximum letter height of five feet (5') and contained within the area designated in the Anchor Tenant Handbook which may not be larger than 250 sq. ft. per sign face (except for those Tenants with leasable area greater than 100,000 sq. ft. which shall be allowed up to 300 sq. ft.). Secondary Exterior Elevation Sign - location 1(b) is limited to four feet (4') high letters and no longer than 1/5 the length of the wall on which it is mounted. The sign may not take up more than 7% of the wall surface area on which it is mounted, nor be larger than 250 sq. ft. per sign face (except for those Tenants with leasable area greater than 100,000 sq. ft. which shall be allowed up to 300 sq. ft.). CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
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The sign surface area shall be measured by connecting the outermost points of all lett ers and logos and measuring the area contained within the rectangle generated.
Signs shall be properly proportioned both in relation to the Building wall upon which the sign is mounted and the pattern of the exterior building material. The top of wall mounted signs may be no closer to the top of the parapet than three feet (3').
Signs shall be internally illuminated individual channel letters. Moving or flashing signs are not permitted. No box signs of any kind are allowed. Exposed raceways are not permitted. No sign or supporting structure shall project more than twelve inches (12") out from the wall of the Building.
No sign shall be installed on the roof of any Building or where it will project above the top of any parapet wall or above the roof line if sign is affixed to the side of a Building without a parapet wall. No sign shall be attached to cause the penetration of fasteners into the roof flashing or roof material. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
15 Additionally, a Space Number sign shall be provided above the exterior entry doors as shown in the Anchor Tenant Design Handbook. Space Number numerals shall be of the same font as the interior space numbers and shall be a minimum of twelve inches (12") in height and will be die cut white vinyl or white painted on the back side of the glass transom.
2. Exterior Signage Approval
All sign elements shall be fabricated, permitted and installed by a Landlord approved sign contractor. No sign requiring a permit shall be installed until the permit has been issued by the Authority Having Jurisdiction.
This contractor shall provide working drawings complete with elevations of each facade at 1/8" = 1'-0" scale with drawings of all proposed signage to scale on the proposed Building. Drawings should indicate sizes, profiles, materials and colors. NO sign labels, or light leaks visible from below are permitted. All sign cabinets, supports and assemblies shall be subject to structural engineering per Province of Alberta minimum wind load requirements by a Structural Engineer licensed in the Province of Alberta. All electrical components and assemblies shall comply with U.L.C. as well as other applicable safety performance standards.
The drawings must indicate the Leasable Area, wall dimensions, area of the wall, and sign area calculation.
3. Interior Storefront Signage
The Tenant is permitted one interior Mall sign. The location, size, text, color and materials of the signage at the Tenant's Entrance shall be coordinated with Landlord's interior design adjacent to the Tenant's Entrance, and is subject to Landlord's review and approval. The sign shall be internally illuminated individual channel letters. Logos are permitted on a case by case basis, and require approval by the Landlord. Moving or flashing signs are not permitted. The sign shall be properly proportioned in relation to the surface upon which it is mounted. The maximum sign height shall be 36". The maximum sign length shall not exceed 30'- 0". No box signs of any kind are allowed. No sign shall be permitted to hang or be supported from Landlord’s bulkhead/roof.
Signs are used to create a lively atmosphere, to establish the identities of the Tenants, and to give clear functional information. Graphic design, materials, construction and installation of all Tenant signs must be reviewed and approved by Landlord. a) Each Tenant shall have one Primary Sign mounted in the designated area above the store’s entrance. Tenants utilizing an additional entrance shall install a second Primary Sign. All entrance signs are to be identical in design, size and content of message. b) Graphic design should be lively, simple and clear. Signage is limited to the Tenant's trade name as defined in the Lease. Additional elements are subject to Landlord approval. c) Helvetica typestyle is specifically not allowed. d) Animated components, formed plastic, paper, and injection molded plastic signs are prohibited. e) All Tenant service doors will have standard identification (i.e., Tenant’s name and number) designed and installed by Landlord. f) Space numbers shall be installed by the Landlord on each storefront. Location, size, style and application will be dictated by the Authority Having Jurisdiction. g) All signage materials shall be U.L.C. labeled as required by the Authority Having Jurisdiction. U.L.C. labeling visible from Mainstreet shall be kept to the absolute minimum required. Unnecessary labeling found on Tenant signs will be removed immediately by Landlord at Tenant’s expense (mounting the U.L.C. label on the top of the sign is preferred). h) Sign fabricator labels are not allowed under any circumstances. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
16 i) Maximum brightness of lit signs shall be fifty (50) lamberts measured 1’-0” from the source of light. j) The typical sign support is designed to support a channel letter sign with 4” return with remote ballast. Tenant is responsible for providing additional support when required for heavier signs. Structural detail and calculations must be approved by Landlord prior to installation. k) No exposed conduit or transformers shall be visible to public view . Enclosed wire ways shall be limited to 2”x 2” and painted to match adjacent background construction. l) Any cost incurred in the design, construction, installation and maintenance of signs shall be the responsibility of the Tenant. m) Tenant’s Storefront signage should contain no weep holes. n) The following sign types are allowable in Mainstreet and Entry Courts: Type 1 Options A, B, C, D o) The following sign types are allowable in Courtyards: Type 1 Options A, B, C, D p) The following sign types are allowable in the Fashion Neighborhood: Type 1 Options A, B, D
Sign Type 1
Option A: Internally Illuminated Letters
Materials: Individual Panchannel Letters with opaque metal returns with or without translucent acrylic faces Restrictions: The sizes of the letterforms are subject to the Landlord's approval.
Letters without acrylic faces (exposed neon) must place neon a maximum of ¾” from the front face of the letter.
Option B: Silhouette & Halo-Illuminated Letters
Materials: Fabricated metal with polished, brushed or baked enamel painted finish, backlit with warm white neon Restrictions: May only be used against solid sign panel. The sizes of the letterforms are subject to the Landlord's approval.
Option C: Neon (Exposed Luminous Tubing)
Materials: Exposed luminous tubing that forms store’s name Restrictions: The tubing shields may not exceed 12 millimeters in diameter. Dimmer transformers shall be used on all exposed neon tubes. No exposed tubing crossovers, raceways, or transformer boxes will be permitted. A minimum of two (2) colours shall be used.
Option D: Mixed Media
Materials: Option A, B, or C in combination with non-illuminated letter or graphic forms Restrictions: A minimum of two (2) colours shall be used. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
17 4. Signage Construction and Illumination
All signs shall be constructed of quality materials, and meet all requirements for code and Underwriter's Laboratories of Canada (U.L.C.) approval. During Mall operating hours all interior illuminated signs shall be activated by a time clock from 1/2 hour before Mall opening to 1/2 hour after Mall closing. All exterior illuminated signs shall be activated by a photo-sensor until 1/2 hour after Mall closing on all days the Mall is open. No labels, or light leaks, visible from below are permitted.
5. Signage Submission
Prior to fabrication, all Tenant signs, whether interior or exterior, shall be submitted to Landlord (6 prints and 1 reproducible) for review and approval. Submit To: CrossIron Mills Attn: Project Manager, Anchor Tenants Ivanhoe Cambridge Hwy II North, Hwy 566 East for 0.5km Turn right at Ledcor Gate #1 Sign Balzac, Alberta T0M 0LI
NO PROVISION HEREIN SHALL BE CONSTRUED TO REPLACE OR MODIFY ANY SIGN REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY OR THE SPECIFIC PLAN. SIGNAGE PROPOSALS SHALL BE APPROVED BY LANDLORD PRIOR TO SUBMITTAL TO ANY GOVERNMENTAL AUTHORITY. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
18 B.14 Structural
1. Structural Design Loads (Gravity Loads)
a) Uniformly distributed roof dead loads . The uniformly distributed design superimposed dead load for the shell construction totals 17 psf, of which 7 psf was included for Tenant’s ceiling and lights.
b) Special Loads . Rooftop units. Pre-selected joists have been strengthened to support mechanical rooftop units. The selected locations of the rooftop units are shown in the structural drawings for the Tenant shell, and are identified by the dashed rectangle labeled “RTU”. The general arrangement is that the RTU’s are to be placed in “universal curbs” that span the 6’ -8" between a pair of joists. In general, Landlord has planned for one RTU on each pair of strengthened joists and two RTU's per 40 ft. bay. The design weight taken for the operational unit plus curb is 1800 lbs. per RTU. The Tenant must consult the current structural drawings of the Tenant’s shell building and Outline Drawing to determine wh ere the Mall roof framing plans have accounted for the weights of RTU’s.
2. Heavier Ceilings
A weight allowance for lighting, ceiling construction and roof supported items of 7 psf was included in the design criteria. Where ceilings are used, the weight of ceiling, lights and other hangings cannot exceed load to the joists of 46 plf (7 psf x 6.67 ft. spacing) without exceeding the capacity of the in-place construction.
Where the overhead decorative work will deliver more than 46 plf to a joist along its full length, joist strengthening is required. Where the work will deliver a load of more than 46 plf to a joist, but not over its full length, it may be acceptable without strengthening. In either case, a new load diagram describing the loading condition must be submitted to the joist supplier for the evaluation.
3. Loads to Joist Chords
Loads added to the roof framing by the Tenant’s construction are to be directed to either the top or bottom chords of the joists. No hanging loads can be attached to the roof deck. All loads must be attached to the joist chords, either directly or by light channel framing.
4. Hanging Equipment
If the Tenant needs to hang a piece of equipment such as a small generator or hot water heater and the Tenant has not installed ceiling, lights or other hanging objects that use all of the 7 psf Tenant hanging load allowance, and no new roof loads have been applied in this area, it may be possible to avoid the need for joist strengthening by using that load allowance for these hanging loads. The procedure for making this check is described. The Tenant must provide a store layout indicating locations of all hanging items, including extent of ceiling, layout of light fixtures, etc. Provide information for each type of fixture, ceiling type and hanging item, including size, weight, attachment points and any other information required by the engineer. For equipment items, provide information regarding proposed location and flexibility in adjusting the proposed location. Design of any supporting frame, if required, will be at Tenant's cost.
Landlord must approve the addition of any hung equipment prior to design and construction. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
19 B.15 Plumbing
1. Installation
Pipe to be supported securely from hangers as follows:
a) Pipe hangers to be supported from structural steel beams by means of beam clamps. Beam clamps shall be steel with bolt, nut, and socket threaded for rod connection. b) Hangers are not to be supported from steel roof decking. c) Hangers must not pierce insulation vapor barriers. d) All hangers, rods, beam clamps, etc. to be painted to match Landlord finishes, if visible from common area e) All hangers exposed to public view must be evenly spaced and grouped as much as possible with supports for other trades to minimize visual clutter in the upper portions of all spaces exposed to public view. Support systems must be neat and workmanlike, and free of extra length support rods below the supported member. Hardware and accessories must be selected for a smooth finished appearance to the completed support assembly. f) Minimum hanger rod diameter shall not be less than, and maximum spacing of supports for steel and copper horizontal piping must not be greater than, the values indicated in the ASHRAE 1996 Equipment Handbook. Cast Iron pipe must be supported at least every five feet, and at every joint and fitting. Cast Iron pipe branches without support must have hangers four feet maximum on-center.
Provide cast brass escutcheons with set screw, deep type, to cover sleeves or fitting projections. Provide escutcheons for all exposed piping through floors, at floor and exposed ceiling slab.
Plumbing fixtures must comply with all Alberta Building Codes and must be equal in quality to that of the American Standard Company of the following models: Water Closet (Flush Tank) Cadet II 1.6 gal/flush, Urinal (Wall Hung) 1.0 gal/flush, Lynnbrook Lavatory (Wall Hung) Lucerne.
2. Pipe Insulation
Insulate all domestic (hot and cold) and condensate drain piping. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
20 C. Landlord’s Work
Items enumerated below will be provided at the Landlord’s expense unless otherwise specified:
C.1 Building Shell
a) Structural building frame b) Finished roof c) Concrete floor in Tenant space, ½” below finished floor elevation in Mainstreet (the mall). Landlord to provide mall floor finish to Tenant’s closure line d) Demising walls, drywall on steel studs, 16” on centre with 5/8" gypsum board to underside of deck (both sides), taped and sanded to 12'-0", between all leased premises. Where rated walls are required between the Leased Premises and service/exit corridors, Landlord shall install 5/8" fire code gypsum board on both Landlord and Tenant sides to the height required by jurisdictional authority. Rear or exterior walls to be either drywall or exposed concrete/masonry. e) Rear exit or service door, including hardware, to be in accordance with applicable building codes and Outline Drawings f) Exterior Appurtenances - public (mall) entrance features, canopies and screen walls at the exterior of the building structure shall be provided by Landlord in locations and of a design and in materials deemed appropriate by Landlord. g) Exterior Walls h) Demising Caps
C.2 Electrical Service
Landlord shall provide an electrical service complete with electronic check meter to monitor the consumption of electrical energy. Electrical service shall terminate at a fused disconnect switch and splitter in the Leased Premises as shown on the Outline Drawings. Electrical service furnished by Landlord shall consist of 347/600 volt 3 phase 4 wire service capable of support ing a load of up to 15 watts per sq ft of leased tenant premises as described in the Outline Drawings. If the tenant load exceeds the allowance of 15 watts per sq ft, upgrade of the service from the nearest electrical room to the tenant premises shall be at the Tenant’s expense. Roof top unit shall be connected to the splitter provided by the Landlord at the rear of the Tenant Premises and shall be commissioned in preparation for future tenant use. Tenant is to complete the electrical system in accordance with this tenant design criteria.
C.3 Heating, Ventilating and Air Conditioning Equipment (HVAC)
Landlord shall provide a roof-top package unit system with roof opening(s), curb(s) for roof -top units, weatherproof disconnect switch, power wiring, thermostat coiled up ready for Tenant's contractor to install as per approved drawings, all in accordance with the Outline Drawings. Roof Top Units (RTU) will be sized to one ton of cooling per 350 s.f. Should a Tenant decide to operate the RTU prior to Grand Opening, all filter replacements and cleaning will be at the Tenant's expense to ensure warranty period begins at Grand Opening.
C.4 Plumbing
Landlord shall provide at minimum a 3/4" valved and capped domestic cold water service, a 2" sanitary vent line and a 4" capped sanitary sewer line. All services shall be brought to the Leased Premises as indicated on the Outline Drawings. Tenant shall connect to Landlord's plumbing system and extend services within the Leased Premises according to Tenant's approved plans and in accordance with requirements of this Exhibit C and the Outline Drawings. All Tenants shall provide a two piece washroom at the location indicated on the "Outline Drawings" as required by code. No dishwashers are permitted. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
21 C.5 Gas Piping
The Landlord will provide gas piping from the gas meter to the Tenant's roof-top equipment as shown on the Outline Drawings. Tenant shall provide a check meter with a remote read -out or make arrangements with the gas company (Atco Gas) to provide a gas meter.
C.6 Fire Protection System
In accordance with the requirements of Landlord’s insurance carrier(s) and code requirements (approximately one sprinkler head per 130 s.f.), Landlord shall install a wet sprinkler fire protection system in the common areas and within the Leased Premises including, but not limited to, risers, bulk mains, cross mains, branch lines and upturned sprinkler heads at the roof deck. The quantity of heads provided by Landlord will be the minimum required by code and other governing ag encies for a shell space. Landlord shall install the sprinkler system in accordance with Landlord's base building drawings for the Leased Premises. (Classification: Ordinary Hazard, Group 2).
Landlord shall provide a single point of connection located within the Tenant Demised Premises for the interfacing of the Tenant's fire alarm panel to the base building fire alarm control system, if applicable. Final connections to the base building fire alarm system and system testing within and directly relating to the Tenant Premises to be by Landlord's contractor at Tenant's expense.
C.7 Telephone System
Landlord shall extend an empty 3/4” conduit only from a telephone junction board to a point within or adjacent to the Leased Premises as indicated on the Outline Drawings. Conduit shall be c/w pull string.
C.8 Tenant Work Authorization Form
Work performed by the Landlord on behalf of a Tenant shall require the Tenant to sign a “Tenant Work Authorization Form” prior to any work commencing. Forms are available from the Landlord’s Tenant Coordinator. An Administration Fee of 15% shall be charged based on the cost of the work performed.
C.9 Outside of Leased Premises
Exterior Areas: Landlord shall provide parking areas, access roads, delivery areas, drainage sys tems, walks, ramps, lighting, landscaping and planting, striping, signage, and other facilities and improvements as determined by Landlord in the exterior common area.
Interior Areas: Landlord shall provide enclosed air conditioned and lighted malls, cou rts and entry-ways, lighted delivery areas, service and exit corridors, ramps, public washrooms, meter and valve rooms and all other areas, facilities, and buildings used in the maintenance and operation of the Project as determined by Landlord. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
22 D. Tenant’s Work
The Tenant agrees to comply with and to provide at its sole expense the items enumerated below in accordance with the procedures set forth and will provide all other work required for the finishing of the Premises for their intended use (all in accordance with the Tenant’s approved drawings and specifications).
Tenant and Tenant's contractors agree to abide by Landlord's construction rules and regulations which may be issued from time to time. Landlord has drafted and Tenant shall follow the architectural, signage, HVAC, plumbing and electrical criteria established in the Anchor Tenant Design Criteria Manual to ensure that the Tenant's Work is compatible and coordinated with Landlord's building, and to permit Tenant and its designers, engineers, contractors, and other representatives, to familiarize themselves with the overall building design.
All of Tenant’s Work shall be in accordance with all applicable codes, ordinances, rules, and regulations of all Authorities Having Jurisdiction over the work and all requirements of Landlord’s insurance carrier (Factory Mutual). Construction shall conform to the requirements for a fully sprinklered building in accordance with the fire protection and building code program developed for the Project as well as any code requirements governing the Project, if applicable.
D.1 General
The criteria and outline specifications set forth herein represent minimum standards for the design, construction, and finish of the Leased Premises by Tenant. Tenant will have a "finishing period" (as stipulated in Exhibit C) to complete Tenant’s Work in the Premises. Finishing Period will commence on the date set out on the Landlord’s written notice to the Tenant that the Premises is ready for occupation and commencement of the Tenant’s Work. During the Finishing Period, the Tenant may occupy the Leased Premises jointly with Landlord and Landlord’s contractor and agents in accordance with the provisions of this Lease for the purpose of completing Tenant’s Work set out in Exhibi t C.
a) Jurisdictions and Codes – The Project is being developed in and under the jurisdiction of the Province, City, and/or Country in which the Project is located. All design and construction work shall comply with all applicable statutes, ordinances, regulations, laws and codes and the requirements pertaining to service and utilities furnished by utility companies, all applicable federal, provincial, city, country and local statues and ordinances.
b) Permits and Approval – Prior to the commencement of construction, all building and other permits shall be obtained and posted in a prominent place within the Leased Premises.
c) Floor Loads – The slab on-grade has been designed to carry a total load (dead and live) of 125 pounds per square foot. Any loading imposed by any of Tenant’s Work, either on a temporary or permanent basis, shall not exceed 125 lbs/s.f. (“Allowable Load”) or 800 lb. point load within a 6 square inch area. Point loads shall be spaced at a distance of 3'-0" or more.
d) Standard Project Details – Standard project details, as issued by Landlord’s architect from time to time and as they pertain to Tenant’s Work, shall govern with respect to Tenant’s Work. Such details shall be incorporated into the Tenant’s store working drawings and specificati ons for the Leased Premises.
e) Materials – Only new, first class materials shall be used in the construction of the Leased Premises. Used, first-class materials for interior architectural facades and fixtures may be used provided such materials are noted on Tenant’s plans and approved by Landlord through field inspection, prior to installation. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
23
f) Field Conditions – From time to time Tenant is obligated to verify conditions pertaining to the Leased Premises prior to and after commencement of construction of its Leased Premises. Tenant shall coordinate its work with the work of Landlord, other tenants, and existing conditions above, within, below and adjacent to the Leased Premises. Tenant shall, at Tenant’s expense, make changes as required to accommodate such work or conditions.
g) Equipment Screening – Tenants requiring mechanical or electrical equipment, antennas, and the like shall not be placed on the roof or the exterior of the building without the prior express written approval of Landlord. All screening materials, construction details, and construction techniques shall be approved by Landlord in writing prior to any such work by Tenant.
D.2 Drawings
The preparation and submission for Landlord’s review of drawings, samples and specifications for the finishing of the Leased Premises should be in accordance with the time schedule laid out in Exhibit C. These drawings shall be prepared by qualified designers, examples of whose previous design work shall be of a standard acceptable to the Landlord.
D.3 Interior Storefronts, Neutral Bands and Signage
Tenant shall design and construct (to Landlord's approval), at Tenant's expense, all tenant storefronts and bulkheads including without limitation entry features, bulkhead colors and images, and other design elements. The configuration of the storefront lease line, as established by Landlord, shall be the line beyond which no element of the storefront may extend. The storefront furnished by Tenant shall include one entry complete with security closure.
All signs including structural support and wiring shall be designed, constructed and located in accordance with this Anchor Tenant Design Criteria Manual and as approved by Landlord and authorities having jurisdiction.
D.4 Flooring
Tenant finish floor covering materials must be adapted to correspond in elevation exactly with the level of the finished mall floor, which may be approximately 1/2" above the concrete floor of the Leased Premises at the public entrance. Quality floor finishes, such as carpeting, glazed or unglazed tile, wood parquet, or marble shall be used in the sales area of the Leased Premises subject to specific design criteria in the Design Criteria Manual. All flooring finish materials are subject to Landlord's approval. Mall floor finish extension to the Tenant's closure line is by the Tenant and at the Tenant's expense.
D.5 Exterior Walls
Tenant shall install all finishes on the inside face of exterior walls within the Leased Premises.
D.6 Rated Construction
Any Tenant penetrations of rated partitions, and relocations and/or additions to Landlord’s Work as defined in Exhibit C shall be specifically approved in writing by Landlord and governing authorities as a portion of the permitting process. Any framing, cutting, patching of surfaces, and other work related construction shall be coordinated and consistent with Landlord's Work. Walls dividing the Leased Premises from service and exit corridors, or other rated enclosures, shall receive, on tenant's side, sufficient layers of drywall to complete the necessary rating. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
24 All materials used in corridor construction shall be fire rated as determined by the governing authority and/or Landlord’s insurance carrier. Any Tenant penetrations of rated partitions shall be specifically approved in writing by Landlord and governing authorities as a portion of the permitting process.
D.7 Interior Service/Exit Corridor Doors & Exterior Entry
Subject to Landlord’s approval, additional interior service access to the Leased Premises, other than what is provided by Landlord in Exhibit C and the Outline Drawings, shall be to the Tenant’s account and consistent with Landlord’s Work including but not limited to the installation of wall protection material and metal corner guards or such other protective material as may have been used by Landlord. Hollow metal door and frame are to be finish painted on the corridor side with a base building colour, by Landlord.
The Tenant's exterior entry (if required by Tenant), including vestibule, windows, features, stor efront lighting, EIFS revisions and hardscape shall be at the Tenant's expense. The Tenant shall retain the base building structural engineer for any modifications to the structure (see C.18). All work must be in accordance with this Anchor Tenant Design Criteria Manual, the Outline Drawings and be approved by the Landlord.
D.8 Public Washroom
Tenant shall construct barrier free washroom facilities, including washroom exhaust fan complete with ductwork to the roof penetration, fixtures, toilet partitions, and building specialty items such as washroom mirrors, dispensers, paper holders and amenities to fully meet local codes.
If Tenant’s washroom location on Tenant’s store working drawings and specifications does not coincide with Landlord’s utility location, Tenant, at Tenant’s expense, shall move said utilities to coincide with Tenant’s store working drawings and specifications with Landlord’s prior approval. All cutting and placing of concrete is by Tenant and at Tenant’s expense.
D.9 Mezzanines
Mezzanines will not be permitted.
D.10 Interior Partitions
All interior partitions shall be supplied and installed by Tenant as outlined in Section E of this manual.
D.11 Telephone System
Landlord shall provide an empty conduit, complete with pull string or a j-hook support system from the nearest telecommunications plywood backboard to the Leased Premises, as shown or indicated on the Outline Drawings. Tenant shall arrange directly with the local telephone company approved for this project, for telephone service. Tenant shall furnish, install and maintain telephone wiring and equipment within the Leased Premises to suit Tenant’s requirements at Tenant’s expense. All Tenant equipment, including telephone and computer, shall be located within Tenant’s Leased Premises.
D.12 Fixtures and Furnishings
Tenant shall furnish and install in the Leased Premises all fixtures, furnishings, equipment, shelving, trade fixtures, leasehold improvements, interior decorations, graphics, signs, mirrors, cornices, covers and decorative light fixtures, portable fire extinguishers (as required by code), and other special effects, all as approved by Landlord.
All Tenant improvements, other than mechanical equipment, ceilings, and lighting fixtures, shall be floor - mounted unless express written approval is obtained from Landlord. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
25
D.13 Interior Finishes
All finished interior surfaces must be materials approved by Landlord for appearance. All Tenant fixtures, furniture, carpeting (including underlayment), upholstery materials, drapery and other furnishing must comply with flammability of materials and smoke generation requirements for furniture and furnishings, with jurisdictional authorities. All wood shall be fire retardant in accordance with code requirements.
D.14 Finish Hardware
Commercial grade finish hardware, labeled where required, shall be used throughout. All doors shall have at least 1½ pair butts, wall or floor stops, kick plates, lock sets and push-pull plates as required. All exit doors shall have hardware as required by code by Tenant.
D.15 Ceiling
Exposed and open grid systems are encouraged. All work related to ceiling and ceiling treatments, if any, shall be the responsibility of Tenant. All ceilings and ceiling treatments shall be of non -combustible material approved by Landlord and governing authorities and shall maintain the degree of openness required to preserve the sprinkler system in the Project as established by jurisdictional authority and/or as described in the Anchor Tenant Design Criteria Manual. Tenant's ceiling and ceiling treatment shall be limited to a ceiling height not less than the code required minimum nor higher than the maximum heights indicated in the Anchor Tenant Design Criteria Manual. The structure of Landlord's building has b een designed to accept a super-imposed loading of three (3) pounds per square foot for the installation of Tenant's suspended ceiling and equipment. Access (such as access panels) and other openings shall be provided by Tenant where Landlord deems necessary.
If Tenant's interior partitions and ceiling configuration cause the requirement of additional sprinkler heads (or modifications to the base building sprinkler system), such additional heads or modifications shall be carried out by Base Building contractor at Tenant's expense both as required by jurisdictional authority and Landlord's insurance carrier.
D.16 Additional Requirements
If the Tenant’s requirements for electrical, structural, mechanical and/or heating, air-conditioning and gas capacity exceed the standards outlined under Landlord’s Work, the Landlord shall provide a quotation to the Tenant for such extra work and that amount shall be reimbursed by the Tenant to the Landlord on demand following completion of the work. The fees of the Landlord’s consultants, if required, for extra work will be at the Tenant’s expense. Refer to item B.9.
D.17 Security
Store security, during the Tenant’s Finishing Period, is the responsibility of the Tenant, who shall take all necessary steps to secure the premises. The Landlord shall have no liability for any loss or damage including theft of building materials, equipment or supplies.
D.18 Structural
Modifications – All alterations, additions, and/or reinforcements to the structure of Landlord’s building required to accommodate Tenant’s Work, must be designed by Landlord’s Structural Engineer at Tenant’s expense. Should any such modifications be required, Landlord may elect, at Landlord’s discretion, to perform such work at Tenant’s expense. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
26
Loading – All loads individually hung from the structure in excess of 100 pounds shall be specifically approved by Landlord’s structural engineer, at Tenant’s expense, for location and method of support. All loads less than 100 pounds that are individually hung from the structure shall be hung in accordance with the guidelines in this Manual.
D.19 Heating, Ventilating and Air Conditioning (HVAC)
a) HVAC System – A complete heating, ventilating and air conditioning system to suit Tenant's requirements shall be designed, furnished, installed by Tenant in accordance with the requirements of this Anchor Tenant Design Criteria Manual, Outline Drawings and the approved drawings. Tenant's portion of the HVAC system shall include ducts, insulation (supply/return ductwork a minimum of 12'-0" from RTU with 1" internal acoustic insulation), fire dampers, outlets, installation of the thermostat and grilles. Landlord shall provide a roof - top package unit system, roof opening(s), curb(s), thermostat coiled within structure and roof- top equipment in accordance with the Anchor Tenant Design Criteria Manual and Outline Drawings. Tenant's ductwork shall be internally insulated, as required by code, and Tenant shall make all connections to Landlord installed systems in a manner fully sa tisfactory to Landlord. Balancing of air quantities, using the Landlord's base building contractor at the tenant's expense is the tenant's responsibility.
b) Washroom Exhaust System – Tenant installed washroom facilities within the Leased Premises shall include a Tenant supplied sanitary exhaust fan to be connected to the Landlord supplied duct connection through the roof, according to code and the requirements of this Manual and the Outline Drawings.
c) Refrigeration – Location of all refrigeration equipment on the roof, roof openings or equipment hung from structure, shall be approved by the Landlord, prior to installation. All roof openings will be installed by Landlord’s roofing contractor at the Tenant’s expense.
d) Exhaust/Negative Pressure – All exhaust and make up air systems shall be by Tenant in accordance with Exhibit C, this Manual, and the Approved Drawings. As determined by Landlord, all tenants producing odors within their premises shall be required to install full height partitions and provide sufficient exhaust to the exterior of the building to keep the premises at a negative pressure relative to Mainstreet and all adjacent areas and to conform to the requirements of the smoke management system.
e) Kitchen Exhaust Fans – All Kitchen Hood exhaust fans shall be upblast type UL and ULC listed for this application. Fans shall be similar to Greenheck model CUE and CUBE. The complete installation shall conform to NFPA 96 and all Authority Having Jurisdiction . A grease proof roof membrane will be required for a ten foot perimeter around the exhaust fan.
f) Gas Service – The Tenant will be responsible for the application to the gas company (Atco Gas), for the gas meter and the gas meter installation.
D.20 Electrical
Landlord will provide power from a master meter and redistribute to Tenants. Tenant shall design, provide and maintain a complete electrical distribution system, including but not limited to, additional distribution panels, circuits, conductors, fixtures, lamps, related equipment and devices wit hin the Leased Premises, all in accordance with the requirements of this Manual and Approved Drawings. No appurtenances, CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
27 including but not limited to light fixtures, antennas, signs, etc., will be affixed to the exterior walls or roof of Landlord’s building without Landlord’s expressed written permission.
Circuit breakers and additional panel boards, if required, are to be provided by the Tenant. Tenant’s electrical distribution system shall be designed to withstand and safely interrupt the available sh ort circuit current within the leased premises.
Emergency lighting and exit signs to be provided by Tenant at Tenant’s expense, to meet code and Tenant’s design.
Additional fire alarm devices or any other inter-connections as required by the Fire Department or Authority Having Jurisdiction, to be provided by Tenant including fire alarm module to interrupt tenant sound system (if any) in the event of an alarm. Tenant to have Landlord’s contractor verify system at Tenant’s expense. All work to be carried out by Landlord’s fire alarm contractor at Tenant’s expense.
Tenant shall provide wiring, control and installation of hot water heater as well as all electric signs and externally illuminated signs.
Electrical Construction.
a) Material - All electrical materials shall meet the requirements of the Canadian Standards Association (CSA) and shall be installed according to the latest edition of the DHESC, CSA, ULC, NFPA, Alberta Electrical Safety Code and authorities having jurisdiction. All materials shall be new and shall bear evidence of approval by Underwriter's Laboratory of Canada (ULC) or UL. All conductors shall be copper. Aluminum conductors will not be allowed.
a) Lighting Fixtures - Recessed fixtures installed in furred spaces shall be connected by means of flexible conduit and approved fixture wire, connected to a branch circuit outlet box which is independent of the fixture. Surface or suspended fixtures shall be installed with the required backing and support.
b) Fluorescent Fixtures - All fixtures shall be provided and installed by Tenant with switch legs and local switches rated 20 amps at 347 volts. All fluorescent fixtures shall have internal protection devices. Fluorescent ballasts shall be high power factor electronic type with individual non - resetting overload protection. Ballast total Harmonic Current Distortion shall not exceed 10%. All lamps subject to public view shall be T8 type with a color temperature of 3000K and a color rendering index (CRI) of 85. Lamps with a higher color temperature (e.g. cool white) or a lower CRI may only be used in storage areas not exposed to public view.
c) Electronic Metering System – Landlord will provide an electronic metering system to monitor power consumption by Tenants.
d) Transformer – A dry type transformer, splitter, disconnect switch(s), 120/208V, 3ph, 4w, panel board with circuit breakers, shall be supplied and installed by Tenant in accordance with the Outline Drawings.
e) Nameplates – All distribution equipment provided by the Tenant shall be identified with engraved lamacoid nameplates.
f) Emergency Lighting – Tenant will provide all emergency lighting as required by code. Emergency lighting within Tenant premises shall be battery operated and will be independent from the mall emergency power system.
g) Exit Lights – Tenant shall provide exit lights as required by Tenant's design and code. Connect exit lighting to tenant emergency lighting system as required by code. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
28
D.21 Plumbing
a) System – Tenant shall connect to and extend service from Landlord's plumbing system, and provide fixtures, vent connections, washroom accessories as required by code and accessible clean outs in washroom areas. Plumbing work must be installed according to all applicable codes and the approved drawings. All Tenants with a floor area greater then 1,500 s.f. shall provide a two piece washroom at a location indicated on the "Outline Drawings". No dishwashers are permitted.
b) Water Heaters - Water heaters shall be electric. All units shall be ULC approved and conform to the requirements of the local energy code. Water heaters must have temperature/pressure relief valves with discharge piping according to code. Water heaters shall be wired to the Tenant's electrical service.
c) Water Meters - Tenant shall provide a water meter, if required by Landlord.
d) Condensate Drains - Tenant shall extend and connect condensate drain line(s) from Tenant installed refrigeration equipment pursuant to code requirements.
e) Connection - If Tenant's washroom location on Tenant's store working drawings an d specifications does not coincide with Landlord's utility location, Tenant, at Tenant's expense, shall move said utilities to coincide with Tenant's store working drawings and specifications with Landlord's prior approval. All cutting and placing of concrete is by Tenant and at Tenant’s expense.
D.22 Fire Protection System
All revisions to the fire protection system required by Tenant's layout shall be performed by Landlord's designated sprinkler contractor at Tenant's sole expense. Landlord's sprinkler contractor shall design system revisions in accordance with Tenant's store working drawings and specifications. Such designs may involve additional heads, relocated heads, heads in refrigeration boxes, washrooms, kitchen exhaust ducts, and/or at Tenant's request, heads located to conform to Tenant's ceiling pattern and layout. All design and construction shall be governed by code and the requirements of Landlord's insurance carrier.
Tenants shall provide fire extinguishers, as required by governing authorities and the Fire Department.
Tenant shall, if required by code or authorities having jurisdiction, install within the Leased Premises, at Tenant’s expense, remote test stations for each of the duct smoke detectors within the Leased Premises, additional fire alarm devices ( as required by code) and fire alarm evacuation speakers. All such devices shall be connected to and be compatible with Landlord’s fire alarm system. Verification of system shall be by the Landlord's contractor at the Tenant's expense. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
29 E. Tenant Design Submission
E.1 Submission Requirements
Any renderings, drawings, and floor plans contained in this Manual are included for illustrative purposes only. The Landlord’s actual configuration and design, as constructed, may vary in c ertain aspects from such renderings, drawings and floor plans.
The Tenant should discuss specific thoughts about their design concepts and raise any questions about their Lease Agreement before beginning preliminary design work.
The Tenant must prepare and submit for the Landlord Design Coordinator's review, complete drawings and specifications for the finishing of the Leased Premises. See Exhibit C for due dates of original and, if necessary, subsequent submissions.
Tenant shall engage an architect (“Tenant’s Architect”) and a Professional Engineer ( Tenant's Engineer) for the appropriate discipline, registered in the Province and licensed to do business in the Country and/or the City in which The Project is located to prepare the store working drawings and specifications to be submitted for Landlord’s approval. The fees for Tenant’s Architect and the Tenant's Engineer shall be paid for by Tenant. Landlord’s approval of Tenant’s plans is not a statement that the plans are in compliance with code and other local requirements.
On each occasion that Tenant shall fail to submit or resubmit drawings, specifications or any amendments thereto within the time periods provided for in the Exhibit C, and such failure continues for five (5) days following notice from Landlord that such drawings, specifications or amendments thereto are overdue, Tenant shall reimburse the Landlord the cost of providing additional coordination and other services. The payment of this fee shall not excuse Tenant from default for fai lure to submit or resubmit drawings or specifications and shall not preclude the exercise of default or other remedies by Landlord.
E.2 Tenant Package
Landlord will furnish Tenant with two copies each of the Anchor Tenant Design Criteria Manual and the Lease Outline Drawing(s). Other Base Building drawings may be provided upon request by the Tenant showing structural and architectural detailing of the Project specific to the Tenant’s Demised Premises.
Two copies of the documents are provided so the Tenant may review and then transmit the information to their Architects, Designers, and / or Contractors for purposes of designing and building their Demised Premises. Any questions with respect to the information provided should be immediately directed to Landlord’s Tenant Coordinator for clarification.
Tenants are expected to clearly designate deviations from the criteria set forth in this Manual on each set of drawings submitted for Landlord’s review. Tenant is required to visit the Demised Premises to verify all existing conditions prior to the start of both store design and construction.
Tenant Drawings will not be reviewed by the Building Department without the prior review and approval of the Landlord.
1. Store Design Drawings
Any requested deviations from Landlord’s criteria as stated in Tenant’s Lease, Exhibit C, and Tenant Manual are to be clearly designated on the drawings and shall be accompanied by a written request for such deviations.
Two (2) complete sets of prints on paper and one (1) digital file in Adobe Acrobat .pdf format of store design drawings shall be submitted to Landlord to be reviewed for compatibility CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
30 with the overall project. Each complete set is to include design, mechanical, and electrical drawings with engineer's seals.
i) The preliminary set of Architectural Design Drawings shall minimally include an elevation of storefronts (both interior & exterior) showing Tenant’s signage, floor plans, elevations, sections, and renderings indicating colour selections and finishes, material samples firmly attached to board(s) (maximum size: 8 ½” x 11”), and layouts including location of fixtures both permanent and movable. Provide the weights of all items to be suspended from the structure in excess of 100 lbs. each.
ii) Mechanical System: Basic equipment to be used and its location, duct distribution system, diffuser locations, and any louvers or vents to be provided, including mechanical loads and equipment and material specifications.
iii) Electrical System: Lighting layout plans, and lighting fixture schedule, indicating location and type of lighting fixtures, power and systems plans showing outlets and other wiring devices and systems equipment. Provide an estimate of total electrical loads.
iv) Plumbing System: Floor plans showing the location, layout, and type of fixtures to be furnished, including riser diagrams and equipment and material specifications.
v) Fire Protection System: Location of any additional heads required by Tenant’s Work. Tenants shall provide fire extinguishers, as required by governing authorities and the Fire Department.
After receipt of store design drawings, Landlord shall return to Tenant one (1) set of store design drawings with modifications required and/or approval, clearly indicated. If, upon receipt of store design drawings bearing Landlord’s comments and Landlord’s stamp of review, Tenant wishes to take exception thereto, Tenant may do so in writing within seven (7) days from date of receipt of said drawings, by certified or registered mail addressed to Landlord at the address listed in Exhibit C and the notice address in the Lease. Unless such action is taken, it will be deemed that all comments made by Landlord on store design drawings are acceptable to and adopted by Tenant.
If store design drawings are returned to Tenant with comments, but not bearing approval of Landlord, said store design drawings shall immediately be revised by Tenant and resubmitted to Landlord for approval within seven (7) days of their receipt by Tenant. Revised submissions shall identify the revisions from the previous submission.
2. Store Working Drawings and Specifications
The complete set of drawings shall incorporate all of the Landlord’s comments on the Tenant’s Store Design Drawings and shall contain detailing and engineering sufficient for Tenant to obtain a Building Permit and construct the Demised Premises. Modifications from Tenant’s Store Design Drawings shall be “bubbled” and identified with a revision number. The revision number and date will be identified on the title block of each sheet as appropriate.
Any additional deviations from Landlord’s criteria not previously approved or accepted by Landlord on Tenant’s Store Design Drawings are to be clearly designated on the drawings and accompanied by a written request for such additional deviations. Two (2) complete sets of prints on paper and one (1) digital file in Adobe Acrobat .pdf format shall be submitted to the Landlord for approval within twenty-one (21) days of receipt by Tenant of Landlord’s written approval of store design drawings. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
31 Store Working Drawings and Specifications shall include, but not be limited to, the following:
vi) Key plan and CRU number vii) Floor plan and layout of fixture location, both movable and permanent viii)Overall sections ix) Reflected ceiling plan x) Plan, elevation, and sections of storefront, with finish material’s board(s)(maximum size 8 ½” x 11”) including manufacturers, model numbers, colour numbers, and all other identifying information xi) Interior elevations xii) Full sections of types of partitions used xiii)Details of special conditions encountered xiv) Door schedule with jamb details xv) Finish and colour schedules with samples xvi) Heating, ventilating, and air conditioning plans, including load tabulations xvii) Electrical plans, including load tabulations xviii) Plumbing plans xix) Structural load tabulations xx) Any and all other plans and specifications as may be required by the fire and building authorities or other governing bodies
As soon as practicable after receipt of Store Working Drawings and Specifications, Landlord shall return to Tenant one (1) set of prints of Store Working Drawings and Specifications bearing Landlord’s comments. If Tenant wishes to take exception thereto, Tenant may do so in writing by certified or registered mail addressed to Landlord at the address listed on Exhibi t C and at the notice address in the Lease, within seven (7) days from the date of receipt of Store Working Drawings and Specifications. Unless such action is taken, it will be deemed that all comments made by Landlord on Store Working Drawings and Specifications are acceptable to and adopted by Tenant.
If Store Working Drawings and Specifications are returned to Tenant without Landlord’s approval, they shall immediately be revised by Tenant and resubmitted to Landlord for approval within seven (7) days of their receipt by Tenant.
3. Construction Drawings
"For Construction" store working drawings and Specifications prepared by the Tenant's Architect shall be submitted by the Tenant in the form of two (2) sets of prints and specifications on paper plus the number of sets required for permit submission to the local jurisdiction. "For Construction" shall be marked clearly on each copy in red. Such drawings and specifications shall reflect correction of all Landlords' comments to the store working drawings and specifications returned by Landlord and shall bear the Landlord's stamp of review.
Tenant shall secure all necessary permits including, but not limited to occupancy and health department permits from the Authority Having Jurisdiction in sufficient time t o allow Tenant to open the Leased Premises on the Joint Opening Date. Store Working Drawings and Specifications shall be submitted for building and other permits after such drawings have been approved by Landlord in the submittal process as outlined above. Landlord’s written approval shall be obtained by Tenant prior to the undertaking of any construction work which deviates from Tenant’s approved Store Working Drawings and Specifications, or which modifies whatsoever Landlord’s building shell or utilities, or any work not explicitly shown on the Store Working Drawings and Specifications. Landlord’s approval of the foregoing shall not constitute the assumption of any responsibility by Landlord for the accuracy or sufficiency thereof, and Tenant shall be solely responsible. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
32 Landlord and Landlord's architect shall, from time to time, be entitled to monitor Tenant's Work and shall have the right to require all work which does not comply with Tenant's approved store working drawings and specifications to be corrected within fourteen (14) days of notification to Tenant.
4. Sign Drawings
All sign drawings submittals shall be separate from, and not incorporated onto, Store Design Working Drawings. Sign Drawings shall be submitted to Landlord no later than the point at which Tenant’s Store Working Drawings are submitted. Each submittal shall include: xxi) Storefront, in elevation view, with Tenant’s sign shown to scale on Tenant provided entry element or sign band. Tenant sign shall be represented in colour clearly showing Tenant’s proposed sign design. xxii) Two copies of detailed shop drawings including sign fabrication details and intended attachment methods to Tenant’s entry element or sign band xxiii) Shop drawings shall include the total weight of the sign and locations of proposed attachments.
5. As-Built Drawings
Upon completion of Tenant’s Work and prior to leaving the Project, Tenant’s contractor shall provide Landlord with as-built electronic submittal on CD in AutoCAD and one redlined set of Construction Drawings indicating any modifications made during the course of construction. Drawings shall clearly indicate the source of any such modifications, such as; field conditions, direction from Authority Having Jurisdiction, or Landlord directives.
E.3 General Information
It is highly recommended that the Tenant communicate frequently with their assigned Tenant Coordinator and discuss their proposed design and construction schedule.
Tenant is obligated to obtain Landlord’s approval stamp on every set of drawings prior to submittal for permit. All fees associated with obtaining permits for Tenant’s Work is Tenant’s responsibility.
The Tenant is encouraged to discuss proposed design deviation with their assigned Tenant Coordinator prior to starting store design. This will help to ensure the design and subsequent construction process is smooth.
Landlord and Landlord’s architect shall, from time to time, be entitled to monitor Tenant’s Work and shall have the right to require all work, which does not comply with Tenant’s approved Store Working Drawings and Specifications to be corrected within fourteen (14) days of notification to Tenant. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
33 F. Construction Regulations
F.1 Commencement of Construction
The Tenant shall ensure that their design has been approved and his contracts have been awarded so that the Tenant’s contractor is on site ready to start work at the commencement of the Tenant’s Finishing Period. The Tenant or his Contractor shall inspect the premises at the start of the Finishing Period. Any errors or omissions in the Landlord’s Work described in Exhibit C shall be reported to the Landlord immediately. If no such report is received by the Landlord within the first ten (10) days of the Tenant’s Finishing Period, the Tenant will be deemed to have accepted the premises. The Landlord may not be able to make alterations or corrections to the premises after the “acceptance” deadline date.
Tenant shall start construction of it’s Leased Premises not later that ten (10) days from either of the following dates, whichever shall be the later to occur: (1) the date of receipt by Tenant of written notice from Landlord that Landlord has substantially completed the work to be performed by Landlord under Exhibit C, and payment therefore, as required by Exhibit C is due (other than such work which cannot be performed thereof) and that the Leased Premises are ready for Tenant’s Work; or (2) that date on which Landlord approves Tenant’s store working drawings and specifications for the Leased Premises. Tenant shall carry such construction to completion with all due diligence.
The Tenant will complete all construction and finishing of the Premises and will fully STAFF and STOCK the Premises, so as to OPEN FOR BUSINESS on the Joint Opening Day or the date otherwise specified in the Lease.
In the event that the Tenant fails to open for business on the Joint Opening Day the Landlord will have the right, without prejudice, to any other rights which it may have under this Lease, or at law, to recover from the Tenant, as liquidated damages, and not as penalty, the sum of $5,000.00 (Five Thousand Dollars) for the first day and the sum of $500.00 (Five Hundred Dollars) for each day thereafter on which the Tenant fails to open for business, as set forth above. The cost of providing finished temporary hoarding, signage, painting and floor/ceiling finishes as required will be back-charged to the Tenant.
F.2 Permits, Fees and Approvals
Tenant shall submit to Landlord, via certified or registered mail, at least five (5) days prior to the commencement of construction, the following information:
a) Copy of building and all other permits needed to perform Tenant’s Work within the Leased Premises. b) The names and addresses of the general, mechanical, plumbing and electrical contractors Tenant intends to engage in the construction of the Leased Premises, including a 24 -hour emergency number. c) The actual commencement of construction date and the estimated date of completion of construction work, fixture work, and date of projected opening. d) Performance and payment bonds from Tenant’s general contractor and major subcontractors, including, but not limited to the mechanical, electrical and plumbing subcontractors, in amounts satisfactory to Landlord, to cover 100% of the contract amounts plus all change orders. e) If requested, itemized statement of estimated construction costs including architectural, engineering, and contracting fees. f) Evidence of insurance with a company or companies authorized to transact business in the Province where the Project is located, as required below. g) Tenant’s general contractor’s $2,500.00 security deposit. The security deposit will be held against any breakage caused by Tenant’s contractor and shall be refunded when Landlord’s construction punch list is completed and As-Built Drawings are received from the contractor. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
34 The Tenant is responsible for obtaining all permits, paying all fees, and obtaining all required approvals from any Authorities Having Jurisdiction over their work. It is a good idea for all tenants when applying for their Building Permit to, at the same time, pick up and/or apply for their Occupancy Permits. This step will save time and extra trips in the future. Note: An Occupancy Permit is required before a Tenant may open for business. Prior to receiving an Occupancy Permit, final inspection must be made by the following inspectors:
. Building Inspection . Fire Department . Health Department . Enmax Power
Tenant shall have furnished Landlord with copies of all finalized permits; certificates of Occupancy or/and other documentation issued by governing authorities certifying Tenant is cleared to open for business; and a copy of business or other operating licenses.
F.3 Labour Affiliations
All contractors engaged by Tenant shall be reputable, bondable and licensed contractors in the Province in which the Project is located possessing labor relations compatible with those of the Landlord's General Contractor, capable of performing quality workmanship and working in harmony with Landlord’s general contractor and other contractors on the job. All work shall be coordinated with the general project work. Work undertaken by Tenant at Tenant’s expense shall not be awarded to Landlord’s contractor without Landlord’s written consent. Tenant’s contractors shall adhere to Landlord’s policy of a drug and alcohol- free workplace.
Tenant’s contractors and construction shall comply in all respects with applicable federal, provincial and local statutes, ordinances, regulations, laws and codes. All required building and other pe rmits in connection with the construction and completion of the Leased Premises shall be obtained and paid for by Tenant. Tenant and its contractors shall comply with the guidelines for Tenant work procedures and temporary construction facilities set forth in this Tenant Design Criteria Manual and Landlord's construction rules and regulations which may be issued from time to time.
All workers on this project must have labour affiliations or union agreements compatible with those of the Landlord’s constructors. All costs due to walkouts or work stoppages resulting from a Tenant’s failure to comply with this requirement will be charged to the Tenant.
Tenant shall complete all work within the Leased Premises as expeditiously as possible, but in no event later than in time to open for business on the Joint Opening Date.
F.4 Working Hours
Should construction progress of work preformed within regular working hours be insufficient to ensure a satisfactory on-time store opening, the Tenant Coordinator may require that the Tenant’s forces work overtime or in extra shifts. Tenant’s contractor, when first arriving on site, must check in with Landlord’s general contractor, who will inform him of rules and regulations to be observed on this project.
F.5 Safety Regulations
All persons on site in connection with Tenant Work shall comply fully with all safety regulations in force, and the Landlord will cooperate with the concerned authorities in enforcing these regulations. Minors shall not be permitted on the construction site at any time.
Landlord has retained a Fire Protection Consultant to analyze the applicable life safety and fire protection code requirements. This Consultant has prepared a report that summarizes these requirements and sets CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
35 forth certain requirements and sets forth certain clarifications and equivalences that have been accepted by the Authority Having Jurisdiction.
Landlord shall have the right to stop Tenant’s Work whenever necessary to obtain compliance with applicable building and safety codes or the Landlord approved store working drawings and specifications.
F.6 Temporary Services
The Tenant will pay to the Landlord a Service Fee as a contribution toward the cost of the Landlord providing for the Tenant the services identified herewith. See Exhibit C for fee calculations.
a) Utility costs or charges for any services to the Leased Premises shall be the responsibility of Tenant from the date Tenant commences work or is obligated to commence work, whichever is earlier
b) If necessary, Tenant will provide temporary heat for the Leased Premises during construction. No open burners are permitted and only electricity may be used for temporary heat
c) Temporary Electrical Service - Immediately upon taking occupancy of the Premises for the purpose of finishing, the Tenant shall arrange to have the electrical service to the Premises energized. If the electrical service is not available in the Leased Premises during construction, Landlord shall provide electrical service in an area designated by Landlord. Tenants utilizing the Landlord’s General Contractor’s electrical power for the purposes of finishing their premises shall be charged for it, and the Landlord cannot guarantee its uninterrupted availability
d) Temporary Trash Removal - During initial construction, fixturing and stocking, Tenant shall provide garbage containers. It shall be Tenant's responsibility to break boxes down and place garbage daily in the containers provided. Garbage accumulation will not be permitted overnight in the Leased Premises, mall or service/exit corridors. Tenant shall not allow garbage to accumulate within the Leased Premises nor shall Tenant place any garbage in the service/exit corridor or mall areas adjacent to the Leased Premises. The period shall start with the date Tenant starts construction in its premises and ends with the date Tenant opens for business. In addition, Tenant shall pay (in addition to the Service Fee) any costs incurred by Landlord in removing garbage from areas in and around the Leased Premises if Landlord determines that Tenant or its contractor is responsible for such garbage. Landlord's decision as to which tenant is responsible for garbage left outside the Leased Premises will be reasonable and equitable, and Landlord's decision will be final.
F.7 Tenant’s Work by Landlord
All work performed or to be preformed by the Landlord for or on behalf of Tenant shall be paid for by the Tenant. The Landlord shall obtain the Tenant’s approval for the work and for the resultant cost prior to commencement of the work, if time permits. The approved costs shall be paid by the Tenant direct to the Landlord following the completion for the work, or shall be deducted from the Tenant’s construction allowance (if applicable), at the Landlord’s option. The charges for all work performed or to be performed by Landlord for or on behalf of Tenant shall be due and payable within ten (10) days after billing by Landlord. Landlord may decline, at Landlord's sole judgment, to proceed with work at Tenant's expense until Landlord's receipt of payment thereof.
F.8 Roof Work
Tenants shall not enter upon the roof of this project without the approval of the Tenant Coordinator. All Tenant Work involving the roof enclosure, including openings through the roof and mounting equ ipment upon the roof, shall first have the written approval of the Landlord. All such work shall be performed by CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
36 the Landlord’s Contractor at the Tenant’s expense. Tenant’s Engineer shall provide details showing how ceiling-hung mechanical and electrical equipment is to be supported, including the weight at each connection to the structure. Tenant must receive written permission from the Landlord’s Structural Engineer in order to hang any equipment from the roof structure. Cost of such review shall be at Tenant’s expense.
All rooftop equipment to be painted to match the colour of the Landlord’s equipment.
No roof-mounted antenna or satellite-receiving dish is permitted unless approved in writing by the Landlord with respect to location and detail.
F.9 Reviewed Drawings
Landlord or its architect and/or engineer shall review Tenant’s plans and specifications for compliance with the provisions of Exhibit C and this Tenant Design Criteria Manual. In addition, Landlord shall assign a Tenant Coordinator(s) to work with Tenant and Tenant’s Architect, engineer and contractor for the design and construction of the Leased Premises. The cost of reviewing Tenant’s drawings shall be in addition to the Service Fee. See Exhibit C for fee outline.
No Tenant’s construction may proceed until the applicable drawings have received the Landlord’s review, and all Tenants Work shall be constructed as shown on reviewed drawings. A complete set of drawings bearing the Landlord’s approval stamp shall be kept on site by the Tenant’s Contractor at all times for the ready reference of authorized persons. Contractors using drawings not having the Landlord’s review stamp will be refused permission to work on site.
F.10 Access to Leased Premises
Tenants having rear service doors shall use same for all routine access to Leased Premises. Tenants having no access other than from the mall shall use routes of access as shall be designated by the Landlord. Oversize objects may be delivered to the leased premises only via mall r outes similarly designated.
F.11 Use of Mall Floor
Tenants shall not enter upon the mall floor, except as noted in Section F.10 above, without the prior approval of the Landlord. Temporary scaffolding mounted on rubber-tired rollers will be permitted on the mall floor for Tenant storefront work, by prior arrangement with the Landlord. The Leased Premises must be enclosed as soon as possible after the commencement of the Tenant’s Finishing Period either with the permanent storefront or a temporary plywood or drywall hoarding.
F.12 Insurance and Security
Notwithstanding anything to the contrary contained herein, Tenant shall be required to maintain and/or cause their contractor(s) to maintain, at their sole cost, throughout the period of the Tenant's Wor k, the following insurance:
a) Comprehensive General Liability insurance with respect to the construction , in an amount of not less than $ 5,000,000 for any one injury to or death of one or more persons and loss or damage to the property of others in or about the Premises. Such insurance shall show Landlord, Landlord's mortgagees, and any persons, firms or corporations designated by Landlord, if any, as additional named insured. Such policy shall contain a severability of interest and a cross liability clause and shall be primary and not call into contribution any other insurance available to Landlord. CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
37 b) Builder's Risk property insurance covering all permanent construction and temporary work against all risks of physical loss or damage, for not less than the total contract price of the Tenant's Work.
All insurance required under this clause will be on terms and conditions satisfactory to Landlord including an undertaking by the insurers to give thirty (30) days prior written notice to Landlord of any materi al change in, cancellation of, or termination of such insurance. Tenant shall deliver to Landlord, prior to commencement of Tenant's Work, proof of the above required insurance in force at such date, such proof to be in the form of Certificates of Insurance or if required by Landlord, a certified copy of the actual policy.
Provided that is the breach or non performance of any of the covenants or agreements herein contained on the part of Tenant shall immediately endanger the Premises or any other of the building or property in or on the Project, or result in the voiding, cancellation or threatened cancellation of any insurance policy affecting such buildings or property or part thereof; Landlord may, without terminating the Lease and after giving such notice, as is reasonable in the circumstances, enter the Premises and take such action including removing Tenant and any persons and property from the Project, as is reasonably required to remove or abate the cause or the danger of voiding or cancellation of the policy, and Landlord shall not be liable for any damages of any kind arising out of such action.
Tenant shall indemnify and/or cause their contractor(s) to indemnify, defend and hold harmless Landlord, mortgagee, and any persons, firms or corporations designated by Landlord, if any, from all costs, liability, claims, damages or expenses due to or arising out of any work done by, or act, neglect or omission of Tenant or its servants, employees, agents, contractors, invitees, or other persons for whom Tena nt is in law responsible in and about the Project or due to or arising out of any breach by Tenant of any provision of Exhibit C and hereby assumes all risk of damage to property or injury to persons about the Premises from any cause arising from Tenant’s construction.
F.13 Parking
Tenants and Tenant’s Contractors shall park vehicles on site only in areas designated by the Landlord or his contractor for this purpose.
F.14 Damage to Property
The Tenant shall be held reasonable for any damage to Landlord’s property resulting from the actions of the Tenant, his contractor or his suppliers. Note particularly that any damage to sprayed fireproofing installed by the Landlord shall be repaired by the Landlord and back-charged to the appropriate Tenant.
F.15 Temporary Storefront
If Tenant is not open for business in the Leased Premises and Landlord’s Project is open, or if, in Landlord’s sole judgment, Landlord determines that a temporary storefront is necessary so as not to disrupt the construction, opening or operation of any portion of the Project, then Landlord shall install, at Tenant’s expense, for Tenant’s use during construction a full height temporary barricade approximately on the storefront lease line or behind the storefront glass. Tenant shall rei mburse Landlord for the temporary storefront. Upon completion of Tenant’s construction and fixturing in the Leased Premises, Tenant shall remove, disassemble and dispose of such temporary storefront.
F.16 Coming Soon Sign
If during Tenant’s initial construction, tenant fixturing and merchandise stocking, the Project is open (or shall open) for business, Landlord will provide and install, following the earlier to occur of (a) erection of the initial construction barricade, or (b) completion of the storefront for the Leased Premises, a “coming CrossIron Mills Anchor Tenant Design Criteria Manual April 2008
38 soon” sign on the front (barricade or storefront, as the case may be) of the Leased Premises. Tenant shall reimburse Landlord for providing such sign.
F.17 Clean-Up
Tenant shall cause its contractors to maintain the Leased Premises and the common areas adjacent thereto affected by Tenant’s Work in a clean and orderly condition during construction. Flammable waste must be confined to covered metal containers until removed by Tenant. If Tenant fails to clean up, Tenant hereby authorizes Landlord to clean up for Tenant at Tenant’s expense.
F.18 Full Payment
Upon Landlord’s request, Tenant shall satisfy Landlord that adequate arrangements have been made to insure that all Tenants’ contractors shall be paid in full for work ordered by Tenant.
F.19 General
All work on this project shall be performed by skilled workers using new material, to the highest standards, of current good construction practice.
Workers on site shall use only those washroom facilities and water resources designated for construction personnel.
Landlord shall have the right to perform, at Tenant’s expense, any of the Tenant’s work which Landlord determines in its sole discretion be performed (a) immediately and/or on an emergency basis for the best interest of the Project, (b) to the extent required for Landlord’s compliance with all applicable building codes, (c) to the extent necessary to obtain any Certificate of Occupancy required by Landlord or any other tenant in the Project or (d) to the extent necessary for Landlord to maintain order with respect to the scheduling of work within the Project, to observe safety precautions and to preserve Landlord’s warranties.
Tenant’s Work shall be subject to the inspection and approval of Landlord and Lan dlord’s architect and consultants.
All work performed by Tenant shall be performed so as to cause no interference with other Tenants and the construction and operation of the Project. Tenant will take all precautionary steps to protect its facilities and the facilities of others affected by Tenant’s Work and properly police same.
Upon and from the completion of Tenant’s Work in the Leased Premises and acceptance by Landlord’s architect, Tenant shall provide a minimum one-year warranty on all work, materials, and equipment to Landlord.
Landlord shall have the right to stop Tenant's Work whenever necessary to obtain compliance with applicable building and safety codes or the Landlord approved store working drawings and specifications.
Landlord shall have the right to order any Tenant or Tenant’s contractor who willfully violates any of the above requirements to cease work, and to remove himself and his equipment and employees from the Project.