WARD PARKWAY SHOPPING CENTER CONSTRUCTION RULES and REGULATIONS Revised September 23, 2019

WARD PARKWAY SHOPPING CENTER CONSTRUCTION RULES AND REGULATIONS

Revised September 23, 2019

CONSTRUCTION RULES AND REGULATIONS Ward Parkway Center 8600 Ward Parkway, Suite 2085 Kansas City, MO 64114

The purpose of the attached documents is to outline minimum criteria for completion of construction in demised areas associated with Ward Parkway Center, Kansas City; MO. Information contained herein is not intended to be all-inclusive. Drawings are subject to review. In the event of any discrepancy, the more stringent of the requirements shall apply. All costs and fees for services herein described shall be payable in advance.

In cooperation with and prior to commencement of construction, Tenant or Tenant’s representative shall, as matter of course:

A. ATTEND A PRE-CONSTRUCTION MEETING: Tenant or Tenant’s contractor shall submit to Owner the following:

Contractor’s Certificate of Insurance Requirements as listed in Exhibit A referencing the construction address and naming as additional insured

Ward Parkway Center Associates, LLC Ward Parkway Center 8600 Ward Parkway, Suite 2085 Kansas City, MO 64114

And Legacy Asset Management, LLC

Certificate Holder, as named below (as managing agent) and Ward Parkway Center Associates, LLC (owner) are included as Additional Insured’s, with respects to General and Auto Liability.

Certificate Holder: Ward Parkway Center Associates, LLC

• Listing of sub-contractors with mailing and phone contact. • A copy of the approved demolition and building permits. • A stamped copy of the approved construction drawings. • A construction schedule. • A listing of Contractor and/or Tenant contact names with after-hours phone numbers. • A construction deposit equal to $100 per square foot of the space to be constructed, not to exceed $2,500 for retail or $5,000 for restaurants. Deposit shall be refunded thirty (30) days following written request provided there are no damages to be deducted. Check payable to Ward Parkway Center Associates, LLC

B. PEACEFUL ENJOYMENT: Contractor shall take all precautionary actions to ensure the peaceful enjoyment of the adjacent tenants and patrons of the shopping center. Construction activities creating excessive noise (i.e. Jackhammers, saw cutting) shall be coordinated with the on-site management office and be completed outside of the normal shopping center hours, Monday-Saturday, 10AM until 9PM and Sunday, 12 Noon until 6PM. Contractor access shall be as scheduled with mall management. The City of KCMO has a noise ordinance on the Ward Parkway (east side) of Ward Parkway Center. This Noise ordinance does not allow loud noise to be made prior to 7AM and no loud noise after 10PM daily.

C. WASTE: Contractor shall schedule the procurement/placement and removal of 40yd. construction containers with the on-site management office. Contractor/Owner shall coordinate placement and removal. Contractor shall take every appropriate action to ensure the cleanliness of the exterior of the demised space during construction activities. Contractor shall daily remove and clean sweep all debris on and around the aforementioned construction container.

D. UTILITIES: Prior to start of construction, contractor shall take any and all actions required to secure utilities in either Contractor or Tenant name, removing Ward Parkway Center from any and all associated with same.

Electrical: Kansas City Power & Light 816-221-2323 Gas: Missouri Gas Energy 816-756-5252 Other: Phone 1-800-286-8313 Fire Marshall’s Office 816-784-9100 KCMO Building Permits 813-513-1500 and Inspections Planning and Zoning: 816-513-1407 Health Department: 816-513-6008

E. CONTRACTOR SHALL: During all construction activities and while occupying space on behalf of Tenant assume responsibility for himself, his agents and sub-contractors in that they shall:

• Park in authorized Contractor’s parking areas only. No overnight parking of Contractor’s vehicles allowed. • Not access the space through the mall interior at any time without management’s consent. • Keep the drive-lances open at all times. • Wear appropriate attire. • Accept deliveries during non-business hours unless through the rear service door or as approved by management. • Install plywood or other approved coatings on sidewalks during loading in and out procedures or any other action that might harm the surface. • Utilize Owner’s required contractors to address the roofing, sprinkler systems, and fire protection systems. • Take every action to ensure the utmost respect for Ward Parkway Center customers, visitors, and clients. • No construction materials are allowed on escalators or passenger elevators at any time. Freight and service use must be approved by Management prior to commencement of operation. • Be available to accept all deliveries, including UPS and FED EX.

F. FIRE SPRINKLER: Fire Sprinkler modifications shall be by Owner’s approved contractor only. All shut-down requests for the fire sprinkler system shall be charged at $75 per occurrence, payable in advance to Ward Parkway Center Associates, LLC. Shut downs shall be after 8AM and must conclude prior to 4PM, Monday through Friday, requiring 24-hour notice.

Management Office contact shall be:

Lori Cogan, General Manager 816-363-3545 [email protected]

Joe Banhart, Facility Manager 816-694-9925 [email protected]

Kristen Campbell, Office Coordinator 816-363-3545 [email protected]

G. TEMPORARY BARRICADES: 1. Temporary dust-tight barricades on the mall interior, if applicable, are the Contractor’s responsibility to erect, maintain, and demolish. Barricades will be in place and complete prior to beginning any other on-site work.

Exterior barricades shall be in 12’ in height and protrude as approved by management. Exterior finish shall be “grooved” style exterior grade siding, bait and board or comparable finish as approved by management. Barricades shall be constructed to withstand exterior elements, be painted and finished in a neutral color, unless approved otherwise and shall not be “shot” drilled or pinned to exterior hard scapes. Exterior Entrance doors shall be:

a.) 6’0” Door set, smooth finish, trimmed and painted or b.) 6’0” Framed entrance door set, trimmed and painted

2. Barricade construction will be 12’0” high 12” drywall, taped, sanded, and painted. The barricade must be erected to resist blowdown or knockdowns, but cannot be attached to mall finished floors.

3. Finished floor within the interior barricade area must be protected by carpet installed soft side down.

4. The barricade will be located within 2’6” on the Lease Line.

5. Only if no rear entry is available, the Contractor shall install a slab door in the barricade. The door shall be painted per the barricade and have a spring closure and lock.

6. The barricade will be created and demolished during Mall non-operating hours, with removal approved by Management.

7. All construction work, at all times, will take place behind the barricade, unless approved by Management.

8. No jackhammers, hammer drills, saw cutting, or Hilti guns can be used during mall operation hours, this includes hour while AMC Theatres still is showing movies to their customers.

9. Contractor is responsible for keeping Common Area around barricade clean and safe at all times. Any exterior traffic barricades required will be held down with sandbags at all times.

10. Landlord will need to be provided 48-hour notice prior to shutdown of any Mechanical, Electrical, Plumbing, or Fire Protection system.

H. COMMON AREA: All space outside a Tenant space is common area, including fire corridors, service courts, truck tunnel, parking lot, and interior walkways.

Contractors shall keep and maintain the Common area clean and damage-free.

Contractor must maintain mop, bucket, broom, pan at the job, and must use them as required.

Notification to Contractor by and Landlord representative of a condition to be corrected or process to be stopped is the only notification required, whether verbal or in writing. After notification, Landlord will, without further notice, address any issue caused by Contractor or his subcontractors. The Contractor will be assessed a clean-up fee of $100.00 plus actual time and material costs incurred by Landlord.

I. HOUSEKEEPING: All materials used for work will be maintained at all times within the demised area unless approved by management. Under no circumstances will any portion of the interior or exterior mall area be used to store materials or Contractor’s equipment unless arranged with mall management. Each Contractor is responsible for daily removal of all construction debris and trash from the Demised Premises. All trash is to be stored within the Tenant’s leased premises until carried to the open-top containers located in service areas.

J. DELIVERIES: Contractor may not convey construction materials or debris through the interior mall common area between storefronts when the mall is open for business. Delivery of material/removal of debris must be accomplished via exterior service access, unless specifically approved by Landlord in advance, and in writing. Ward Parkway Center Management office staff will not accept deliveries on behalf of construction contractors.

K. MALL FLOOR FINISH: Contractor must carry mall floor finish to Tenant’s storefront, door track, or closure in the setback area. Contractor must purchase the tile from the Landlord, with installation to be at Contractor’s expense, or install finishes agreed to and approved by Landlord.

Finish floor elevation of the Demised Premises shall be the same as mall finish floor elevation unless approved in writing by Landlord.

L. MANDATORY AND APPROVED CONTRACTORS:

MANDATORY:

Fire Alarm System – Atronic Alarms, 913-362-0000

Roof Penetrations (for Main Mall) – CentiMark, 913-227-0675

Roof Penetrations (for South End) – J.R. & Co Roofing, 816-587-6148

APPROVED:

Fire Sprinklers – General Automatic Sprinkler, 913-390-1105

Paint and Finish – Resurrection Painting, 816-309-7199

Construction – Fields Construction Management, 816-665-7850

Electrical – M & S Electric, 816-427-5913 - Shawn Ryan cell 816-521-9929

Plumbing – Lexington Plumbing, 816-231-2254

HVAC – The Waldinger Corporation, 816-802-6373

Awnings – KC Tent & Awning, 816-472-8368

Signs – See More Signs, 816-523-3131

Door – Duranotic Door, 913-764-3408

Elevator/Escalator – Kone, 816-531-5523

EMERGENCY CONTACT LIST

Mall Management Office 816-363-3545 (Opened Monday-Friday, 8:00am-5:00pm)

Joe Banhart, Facility Manager 816-694-9925 cell

Lori Cogan, General Manager 816-810-8151 cell

Chuck Oglesby, Managing Partner 913-972-1678 cell

Ward Parkway Security 816-714-8248 (Answered 24 hours a day)

TENANT CONTRACTOR’S ACKNOWLEDGEMENT

I have read, understand, and agree to observe the above – Construction Rules and Regulations.

CONTRACTOR: ______

NAME OF STORE WORKING IN:______

BY (Signature): ______

TENANT: ______

DATE: ______

EXHIBIT A

TENANT CONTRACTOR INSURANCE REQUIREMENT

Trade Contract Value less than $500,000

Worker’s Compensation and Employer’s Liability Contractor shall provide Workers’ Compensation Insurance in accordance with statutory requirements, and Employer’s Liability Insurance in the minimum amount of One Million Dollars ($1,000,000.00) each accident for bodily injury by accident and One Millions Dollars ($1,000,000.00) each employee for bodily injury by disease with a One Million Dollars ($1,000,000.00) policy limit covering each and every worker used in connection with the Work.

Commercial General Liability Insurance Commercial General Liability Insurance shall be provided by the Contractor on an occurrence basis in the following minimum limits: bodily injury, property damage and personal injury liability of One Million Dollars ($1,000,000.00) each occurrence, and Two Million Dollars ($2,000,000.00) aggregate limit per location, and One Million Dollars ($1,000,000.00) Products and Completed Operations aggregate limit per location. This policy shall be an ISO occurrence form CG 00 01 01 96 (or substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations (for a minimum of 3 years after completion of work), personal liability, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Commercial Automobile Liability Contractor shall provide Commercial Automobile Liability coverage for bodily injury and property damage liability of One Million Dollars ($1,000,000.00) combined single limit on all owned, hired, leased and non-owned automobiles, trucks and trailers.

Umbrella Excess Liability Insurance This policy in the minimum amount on Five Million Dollars ($5,000,000.00) each occurrence, and Five Million Dollars ($5,000,000.00) aggregate limit per location shall be provided by the Contractor and shall be written on an umbrella excess basis over the Employer’s Liability, Commercial General Liability and Commercial Automobile Liability coverage described herein above. In addition, the policy shall be endorsed to provide defense coverage obligations.

Equipment and Installation Floater Contractor shall provide an Equipment and Installation Floater in the broadest coverage form available, covering Contractor’s tools and materials not accepted by Owner.

All Risk Property Insurance Owner’s All-Risk Policy typically provides coverage for material stored off-site or in-transit; however, any coverage above $5 million per property for material stored offsite or in-transit must be confirmed in advance with the Ward Parkway Shopping Center Facility Director.

Any All-Risk Insurance coverage should be separately confirmed.

General Requirements Contractor must include coverage for its subcontractors in its policies or obtain an equivalent insurance policy from each of its subcontractors before their work commences.

All insurance policies must be endorsed to provide that the insurance company will give Owner and Property Manager at least thirty (30) days written notice of cancellation or material change prior to such cancellation or modification. Contractor will furnish the Owner with certificates of insurance prior to commencement of any work and copies of all insurance policies upon request.

All insurance policies, except Workers’ Compensation, shall be endorsed to include the 1. Ward Parkway Center, Kansas City, Mo 2. Ward Parkway Center Associates, LLC, 3. Farallon Capital Management, LLC, 4. Legacy Asset Management, LLC, (individually and in its capacity as Owner’s agent), Property Manager, 5. Regions Bank, Owner’s Mortgage Holder, if any, and their respective officers, directors, employees and agents (“Indemnities”) as additional insured’s, and shall contain express waivers by the insurance company of its rights of subrogation against such Indemnities.

All insurance policies shall be primary insurance as regards to any other insurance maintained by the Owner.

All insurance policies shall be issued by Insurers having a minimum A.M. Best Rating of A-VIII or better.

Trade Contract Value between $500,000 and $2,000,000

Commercial General Liability Insurance Commercial General Liability Insurance shall be provided by the contractor on an occurrence basis in the following minimum limits: bodily injury, property damage and personal injury liability of One Million Dollars ($1,000,000.00) each occurrence, and Two Million Dollars ($2,000,000.00) aggregate limit per location, and One Million Dollars ($1,000,000.00) Products and Completed Operations aggregate limit per location. This policy shall be an ISO occurrence form CG 00 01 01 96 (or substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations (for a minimum of 10 years after completion of work), personal liability, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Umbrella Excess Liability Insurance This policy in the minimum amount of Five Million Dollars ($5,000,000.00) each occurrence, and Five Million Dollars ($5,000,000.00) aggregate limit per location shall be provided by the Contractor and shall be written on an umbrella excess basis over the Employer’s Liability, Commercial General Liability and Commercial Automobile Liability coverage’s described herein above. In addition, the policy shall be endorsed to provide defense coverage obligations.

All Risk Property Insurance

Typically provides coverage for material stored off-site or in-transit; however, any coverage above $5 million per property for material stored offsite or in-transit must be confirmed in advance with the Ward Parkway Shopping Center Facility Director.

Any All-Risk Insurance coverage should be separately confirmed.

General Requirements Contractor must include coverage for its subcontractors in its policies or obtain an equivalent insurance policy from each of its subcontractors before their work commences.

All insurance policies except Workers’ Compensation, shall be endorsed to include the 1. Ward Parkway Center, Kansas City, Mo 2. Ward Parkway Center Associates, LLC, 3. Farallon Capital Management, LLC, 4. Legacy Asset Management, LLC, (individually and in its capacity as Owner’s agent), Property Manager, 5. Regions Bank, Owner’s Mortgage Holder, if any, and their respective officers, directors, employees and agents (“Indemnities”) as additional insured’s, and shall contain express waivers by the insurance company of its right of subrogation against such Indemnities.

All insurance policies shall be primary insurance as regards to any other insurance maintained by the Owner.

All insurance policies shall be issued by Insurers having a minimum A.M. Best Rating of A-VIII or better.