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Landlord's “Base Shell Specifications

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Exhibit “E”<br />

Landlord’s Delivery Conditions for Tenant Space at Valley Mall<br />

Landlord shall provide at Landlord’s sole expense, all work described herein,<br />

(“Landlord’s Work”), in accordance with generally accepted means, methods, and<br />

standards of construction. Landlord shall be responsible, as it relates to Landlord’s<br />

Work, for the filing of all applications, payment of all fees (including without limitation,<br />

impact fees, development fees, and utility tap fees) and securing of all permits,<br />

approvals, and bonds, as may be required by any governmental or quasi-governmental<br />

agency having jurisdiction over Landlord’s Work.<br />

Landlord shall provide the following:<br />

1.0 Common Areas<br />

1.1 Construction of all Common Areas, including but not limited to all<br />

roadways, parking areas, service areas, installation of all lighting,<br />

landscaping, streetscape, signage, utilities, storm water management,<br />

and sanitary sewers in accordance with construction documents as<br />

approved by governmental agencies having jurisdiction over the<br />

Shopping Center.<br />

1.2 All Common Area improvements shall comply with requirements of “The<br />

Americans with Disabilities Act”.<br />

2.0 Building Structure<br />

2.1 The foundation system and sub-grade preparation shall be designed by a<br />

licensed structural engineer in accordance with the geotechnical<br />

engineer’s recommendation to limit differential movement to not more<br />

than ½”. As a minimum, all underlying fill material shall be placed in<br />

controlled lifts and compacted to a minimum 95% dry density in<br />

accordance with ASTM D1557 Modified Proctor to a depth +/- 4” below<br />

the mall common area elevation.<br />

2.2 The structure shall be a steel frame design with insulated metal roof deck<br />

on open-web steel joists. Structural components shall be fireproofed in<br />

accordance with code requirements. The minimum clear height from the<br />

top of the concrete floor slab to bottom of the lowest roof or second floor<br />

structural component shall be 18’-0”.<br />

2.3 If existing, a 4” concrete slab on grade, or a supported composite floor<br />

structure designed to support a minimum live load of 125 pounds per<br />

square foot plus applicable dead loads, or as required by applicable<br />

building codes, whichever is greater. Concrete floor slab shall be installed<br />

in a true plane with a maximum surface variation of ½” (depression or<br />

bowing), in the center of any four points on the plane of the slab that<br />

defines a 20’-0” by 20’-0” floor area. Concrete floor slab may slope sideto-side<br />

or front-to-back as much as 1/16” per lineal foot, provided the<br />

slope is a uniform plane. Tenant shall be responsible for installing a<br />

minimum 4” concrete slab on grade with all necessary steel<br />

reinforcing if not existing at Tenant’s expense.<br />

Exhibit “E” – Landlord’s Delivery Conditions for Tenant Space at Valley Mall 03/30/2009<br />

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2.4 Exterior walls shall be constructed of materials consistent with Landlord’s<br />

design theme for the Shopping Center, (i.e. concrete masonry, brick,<br />

stone, exterior insulation finish system, etc.), with a minimum thermal<br />

resistance value as required by the applicable building code.<br />

3.0 Demising Walls<br />

3.1 Interior demising walls separating adjacent tenant spaces shall be<br />

constructed of 3 5/8” (20 gauge) metal studs spaced no greater than 16”<br />

on center and extending from floor to underside of roof deck or floor slab<br />

above. Tenant at Tenant’s expense shall install, on tenant’s side of<br />

the demising studs, one layer of 5/8” fire-rated gypsum board, fire<br />

taped, spackled and caulked.<br />

3.2 Interior demising walls separating the tenant space from adjacent<br />

service/exit corridors or other common area facilities shall be constructed<br />

of 3 5/8” (20 gauge) metal studs spaced no greater than 16” on center<br />

and extending from floor slab to underside of roof deck or floor slab<br />

above. The corridor or common facility side of the demising wall shall be<br />

covered by 5/8” fire-rated gypsum board, fire taped, spackled and caulked<br />

with all voids and penetration filled and sealed in compliance with<br />

applicable building code. Tenant at Tenant’s expense shall install, on<br />

tenant’s side of demising studs, 5/8” fire-rated gypsum board, fire<br />

taped, spackled and caulked with all voids and penetrations filled<br />

and sealed in compliance with applicable building code.<br />

4.0 Building Façade, Storefront, Service Doors<br />

4.1 Landlord shall construct the exterior building facades, including the<br />

common mall façade consisting of neutral piers, columns, parapets and<br />

soffits creating the framework within which the tenant will construct its<br />

storefront.<br />

4.2 Storefront, for purposes of this section, shall refer to the Tenant’s<br />

entry doors, display windows, architectural façade components<br />

including signage, canopies, awnings and specialty lighting<br />

elements designed, constructed, installed and maintained by Tenant<br />

at Tenant’s expense at per the Landlord’s approval.<br />

4.3 If Tenant fails to complete its’ construction in advance of the opening or<br />

reopening of the enclosed mall, or is located in a portion of the enclosed<br />

mall currently open for business, the Landlord will construct a temporary<br />

storefront barricade at Tenant’s expense. This barricade shall be a<br />

minimum of 12’-0” high and finished and painted per the Landlord’s<br />

specifications.<br />

4.4 Landlord shall provide one (1) service/egress door at the rear of the<br />

Premises accessing a common service/exit corridor as required by<br />

applicable building code. The service/egress door shall be a 3’-0” x 7’-0”<br />

high insulated hollow metal door with a welded hollow metal frame and<br />

associated hardware in compliance with applicable building code. The<br />

service/egress door will be located in a recessed vestibule located within<br />

the Premises.<br />

Exhibit “E” – Landlord’s Delivery Conditions for Tenant Space at Valley Mall 03/30/2009<br />

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5.0 Roof<br />

5.1 Roof shall be sloped for positive drainage at a minimum pitch of ¼ “per<br />

foot. Storm water shall be collected by roof drains and internal leaders<br />

connected into an underground storm collection system.<br />

5.2 Roof shall be insulated with rigid insulation board installed over metal roof<br />

deck. Minimum thermal resistance value (R- value) shall be as required<br />

by applicable building code.<br />

5.3 Roof covering shall be EPDM membrane installed in strict accordance<br />

with manufacturer’s recommendations and shall be furnished with a<br />

minimum 15 year warranty.<br />

6.0 Heating, Ventilating and Air Conditioning Equipment<br />

6.1 Individual HVAC rooftop equipment and distribution systems sized to<br />

provide not less than 1 ton of cooling per 350 square feet of area the<br />

Premises, including all thermostatic controls, fire alarm and smoke<br />

detection devices as required by applicable building and life safety codes<br />

installed by Tenant at Tenant’s expense.<br />

7.0 Electrical and other Utility Services<br />

7.1 Electrical service available to the demised Premises shall be 480/277V, 3<br />

phase, 4 wire service in conduit provided from the nearest primary power<br />

source (electrical distribution room or buss duct) with a capacity based<br />

upon 20 watts per square foot. Landlord shall furnish and install conduit<br />

with pull string from the primary power source to the rear of the Premises<br />

with a main disconnect switch. The balance of the electrical<br />

distribution system shall be designed, installed and maintained by<br />

Tenant at Tenant’s expense.<br />

or<br />

7.2 Electrical service available to the demised Premises shall be 208/120V, 3<br />

phase service in conduit provided from the nearest primary power source<br />

(electrical distribution room or buss duct) with a capacity based upon 20<br />

watts per square foot. Landlord shall furnish and install conduit with pull<br />

string from the primary power source to the rear of the Premises with a<br />

main disconnect switch. The balance of the electrical distribution<br />

system shall be designed, installed and maintained by Tenant at<br />

Tenant’s expense.<br />

7.3 Telephone service shall be provided via an empty 1 ¼” conduit with pull<br />

string from the Landlord’s telephone distribution backboard to the rear of<br />

the Premises. The balance of the telephone distribution system shall<br />

be designed, installed and maintained by Tenant at Tenant’s<br />

expense.<br />

7.4 A fire protection sprinkler main trunk line with a supervised fire control<br />

system and a single point of connection within the Premises. The<br />

balance of the fire protection and fire alarm system shall be<br />

designed, installed and maintained by Tenant at Tenant’s expense.<br />

Exhibit “E” – Landlord’s Delivery Conditions for Tenant Space at Valley Mall 03/30/2009<br />

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7.5 A 4” sanitary sewer line with a connection within or below the Premises.<br />

The balance of the sanitary sewer system, including sewer line<br />

connection, all piping including vent piping, and clean-outs for the<br />

Premises shall be designed, installed and maintained by Tenant at<br />

Tenant’s expense.<br />

7.6 A domestic cold water supply main within or below the Premises with a<br />

¾” valved connection for the Premises. The balance of the domestic<br />

water system shall be designed, installed and maintained by Tenant<br />

at Tenant’s expense.<br />

7.7 Natural gas is available to the tenant at utility company manifolds located<br />

in the common area service courts. Tenant is to arrange for gas utility<br />

service with the local utility and coordinate the extension of gas piping to<br />

the Premises with the Landlord. The natural gas system servicing the<br />

Premises shall be designed, installed and maintained by Tenant at<br />

Tenant’s expense.<br />

7.8 All utilities to the Premises shall be separately metered and billed to the<br />

Tenant. Tenant shall be responsible to make application for the required<br />

meters and pay all fees, deposits, etc. as required by the Landlord or<br />

applicable utility company.<br />

8.0 Existing Tenant Improvements<br />

8.1 All existing tenant improvements within the Premises shall remain “as-is”<br />

and be removed, replaced or refurbished by Tenant in conjunction with<br />

the performance of Tenant’s Work as approved by Landlord.<br />

Exhibit “E” – Landlord’s Delivery Conditions for Tenant Space at Valley Mall 03/30/2009<br />

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