The Shoppes at Rambler Athens

LANDLORD WORK LETTER - RETAIL

The following are “conditions” provided by the Landlord for the Premises. Note: “Conditions” are specific to the Premises and subject to verification of plans. The Premises will be delivered to the Tenant with the following provided at Landlord’s expense, except as noted:

1.

STOREFRONT:

Consisting of tubular metal frames with single or double glazing to be clear (non-tint), thermal insulated and safety rated. Storefront door will be a minimum size of 3’-0” x 7’-0” and match the surrounding storefront system, weather tight, with hardware consisting of a deadbolt lock, push/pull plates, door closer, and threshold. Front entrance to be at street or walkway level and in compliance with all applicable codes that meet federal, state, provincial, and local building, life safety, and handicap accessibility codes. Landlord to provide a complete and fully functional system, which is inclusive of EFCO fin caps or closure pieces.

2.

WALLS:

Provide drywall for all walls that is taped, sanded, primed and ready for tenant paint. At locations where the restraint is below residential areas, provide a minimum of R-11 insulation full height of walls to limit noise vibration. In all other areas, provide insulation full height of walls, per code.

3.

CEILINGS:

Exposed to underside of structure/2nd floor decking. Ceiling/2nd floor structure shall be a fully fire rated floor/ceiling assembly as required by code for tenant separation for proposed use and the Landlord’s use of 2nd floor. Ceiling space between restaurant and residential areas will have Sound Isolated Suspended Ceilings. This consists of spring hangers, R-19 insulation, (2) layers of 5/8” gypsum board and a minimum depth of 18”20” from bottom of slab to top of ceiling. Piping will be in the cavity space above the isolated suspended ceiling eliminating additional pipe noise control treatments. All floor penetrations to be sealed air-tight. All floor penetrations to be sealed air-tight.

4.

PLUMBING:

1 ½” domestic water supply line overhead with gate valves to the rear of the Premises. All related tap, meter set, meter deposit and fixture or any similar charges shall be paid for by the Tenant.

3” pipe connections to plumbing vent system to Tenant space.

4” Sanitary Sewer line tap connections at or near the rear of the Premises at depth to accommodate code required slope from any point within the Premises. Extension and connection by Tenant.

5.

HVAC:

6.

ELECTRICAL ----------_SERVICE:

Owner to furnish equipment for a minimum of one ton of HVAC per 350 sf. Tenant to permit, install, inspect, and commission equipment to premises as agreed upon by the AHJ, Tenant and their HVAC consultants.

______-----

Furnish and install one 400 amp 277/480v, 3 phase, 4 wire underground electrical wireway. Tenant to provide submeter with main disconnect.

Landlord to provide conduit and pull string from service point into premises for connection to Tenant provided and installed panels.

Electrical receptacles shall be located per governing codes. Code minimum lighting as required within the shell space.

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Code minimum exit and emergency lighting as required within the shell space.

7.

GAS:

Natural 2” gas pipe stubbed into the Premises at a location selected by Landlord with intent to provide 2 psi, 1,500 cfh valved natural gas by utility company. Setting of meter and all related service startup expense by Tenant.

8.

SPRINKLER SYSTEM:

Code minimum distribution of base building fire protection system with upright heads spaced per by Code. Modifications (additions, relocations, raising or lowering) to accommodate Tenant’s requirements are to be done by Tenant, per code, as approved by local municipality

9.

FLOORS:

Concrete floor will be reasonably smooth and level, free of trenches, large holes, and major defects. Tenant may need to complete some preparation and repair work in order to install Tenant floor finishes.

In slab on grade conditions, ribbon slab to be provided. Remaining floor construction by Tenant.

At Tenants and Landlords option and mutual agreement, Landlord will provide Tenant with a credit for the complete slab build out for an amount to be determined.

10.

TELEPHONE/DATA:

One 2” empty conduit at the rear within the Premises originating from the property’s joint telephone point of demarcation. All related set up by Tenant.

11.

FIRE ALARM SYSTEM:

Fire alarm devices as required by code for the shell space. Landlord to provide one 2” conduit and pull strings for fire alarm interface to a junction box to base building system.

12.

REAR ACCESS DOOR:

If Premises is adjacent to the exterior or a service corridor and if required by governing code, an unpainted metal door and frame of a minimum size of 3’ 6” x 7’ will be installed. It will be delivered weather tight with hardware consisting of a lever handle latch, lock, door closer, and threshold.

13.

TRASH & WASTE

Trash receptacles and trash removal by Tenant. Receptacles to be stored in space determined by Landlord.

14.

RESTROOM:

Furnish and install two toilet rooms (Men’s & Women’s) located within the premises in a location designated by the landlord and equipped with toilet, lavatory, exhaust fan, standard grade light fixture, GFI electrical outlet, grab bars, mirror, toilet paper dispenser, floor tile and 4” vinyl cove base. All work shall comply with the local accessibility code/ADA requirements. At Landlord option and mutual agreement, Landlord will provide Tenant with a credit for the bathroom build out for an amount to be determined.

15.

SIGNAGE:

One J-Box to be provided at one sign location with conduit stubbed into the Premises. Tenant to submit signage package as required by Landlord. All signage to be held to standards set by city/code requirements and approved

by Landlord.

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16.

EMERGENCY LIGHTING:

Furnish and install one wall mounted emergency battery packs each with two light heads per governing code. Provide exit signage per governing code.

17.

OTHER:

All work performed by Landlord or Tenant shall be in accordance with specifications of Landlord, unless otherwise specifically provided herein.

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LANDLORD WORK LETTER - RESTAURANT

The following are “conditions” provided by the Landlord for the Premises. Note: “Conditions” are specific to the Premises and subject to verification of plans. The Premises will be delivered to the Tenant with the following provided at Landlord’s expense, except as noted: 1.

STOREFRONT:

Consisting of tubular metal frames with single or double glazing to be clear (non-tint), thermal insulated and safety rated. Storefront door will be a minimum size of 3’ – 0” x 7’ – 0” and match the surrounding storefront system, weather tight, with hardware consisting of a deadbolt lock, push/pull plates, door closer, and threshold. Front entrance to be at street or walkway level and in compliance with all applicable codes that meet federal, state, provincial, and local building, life safety, and handicap accessibility codes. Landlord to provide a complete and fully functional system, which is inclusive of EFCO fin caps or closure pieces.

2.

WALLS:

Provide drywall starting at 8’ above finished floor at perimeter and demising walls that is taped, sanded, primed and ready for tenant paint.

At locations where the restraint is below residential areas, provide a minimum of R-11 insulation full height of walls to limit noise vibration. In all other areas, provide insulation full height of walls, per code.

3.

CEILINGS:

Exposed to underside of structure/2nd floor decking. Ceiling/2nd floor structure shall be a fully fire rated floor/ceiling assembly as required by code for tenant separation for proposed use and the Landlord’s use of 2nd floor. Ceiling space between restaurant and residential areas will have Sound Isolated Suspended Ceilings. This consists of spring hangers, R-19 insulation, (2) layers of 5/8” gypsum board and a minimum depth of 18”20” from bottom of slab to top of ceiling. Piping will be in the cavity space above the isolated suspended ceiling eliminating additional pipe noise control treatments. All floor penetrations to be sealed air-tight. All floor penetrations to be sealed air-tight.

4.

PLUMBING:

2” domestic water supply line overhead with gate valves to the rear of the Premises, with a minimum of 60PSI static pressure with separate meter, backflow device, and shut off valve rated for 200 PSI located per mutually agreed upon location. Water pressure is subject to availability of pressure provided by city. All related tap, meter set, meter deposit and fixture or any similar charges shall be paid for by the Tenant.

3” pipe connections to plumbing vent system to Tenant space.

4” Sanitary Sewer line tap connections at or near the rear of the Premises at depth to accommodate code required slope from any point within the Premises. Extension and connection by Tenant.

Grease trap adequate to service Tenant’s business and to satisfy local codes, but not to exceed a 1,000-gallon trap. Supply minimum 4” properly flashed vent through roof to restroom area per Tenant’s plan.

5.

HVAC:

Owner to furnish equipment for a minimum of one ton of HVAC per 150 sf. Tenant to permit, install, inspect, and commission equipment to premises as agreed upon by the AHJ, Tenant and their HVAC consultants.

1

6.

ELECTRICAL ----------_SERVICE:

______-----

Furnish and install one 400 amp 120/208v, 3 phase, 4 wire underground electrical wireway. Tenant to provide submeter with main disconnect.

Landlord to provide conduit and pull string from service point into premises for connection to Tenant provided and installed panels.

Electrical receptacles shall be located per governing codes. Code minimum lighting as required within the shell space.

Code minimum exit and emergency lighting as required within the shell space.

7.

GAS:

Minimum 2 1/2” gas service manifold with a specified number of breaks to be stubbed into the Premises mutually agreed upon by Landlord and Tenant supplying 1,622 MBH sized at 2LB pressure with a 1 ½ allowable pressure drop. Tenant to provide meter. Service shall be exclusive of any mechanical systems.

8.

SPRINKLER SYSTEM:

Code minimum distribution of base building fire protection system with upright heads spaced per by Code. Modifications (additions, relocations, raising or lowering) to accommodate Tenant’s requirements are to be done by Tenant, per code, as approved by local municipality.

9.

FLOORS:

Concrete floor will be reasonably smooth and level, free of trenches, large holes, and major defects. Tenant may need to complete some preparation and repair work in order to install Tenant floor finishes.

In slab on grade conditions, ribbon slab to be provided. Remaining floor construction by Tenant.

At Tenants and Landlords option and mutual agreement, Landlord will provide Tenant with a credit for the complete slab build out for an amount to be determined.

10.

TELEPHONE/DATA:

One 2” empty conduit at the rear within the Premises originating from the property’s joint telephone point of demarcation. All related set up by Tenant.

11.

FIRE ALARM SYSTEM:

Fire alarm devices as required by code for the shell space. Landlord to provide one 2” conduit and pull strings for fire alarm interface to a junction box to base building system.

12.

REAR ACCESS DOOR:

If Premises is adjacent to the exterior or a service corridor and if required by governing code, an unpainted metal door and frame of a minimum size of 3’ 6” x 7’ will be installed. It will be delivered weather tight with hardware consisting of a lever handle latch, lock, door closer, and threshold.

13.

TRASH & WASTE:

Trash receptacles and trash removal by Tenant. Receptacles to be stored in space determined by Landlord.

14.

RESTROOM:

Furnish and install two toilet rooms (Men’s & Women’s) located within the premises in a location designated by the landlord and equipped with toilet, lavatory, exhaust fan, standard grade light fixture, GFI electrical outlet, grab bars, mirror, toilet paper dispenser, floor tile and 4” vinyl cove base. All work shall comply with the local accessibility code/ADA requirements. At Landlord option and mutual agreement, Landlord will provide Tenant with a credit for the bathroom build out for an amount to be determined.

2

15.

SIGNAGE:

One J-Box to be provided at one sign location with conduit stubbed into the Premises. Tenant to submit signage package as required by Landlord. All signage to be held to standards set by city/code requirements and approved

by Landlord.

16.

ELEVATORS:

Landlord will provide access to garage level retail parking, first and/or second floor per Landlords plans (if applicable).

17.

EMERGENCY LIGHTING:

Furnish and install one wall mounted emergency battery packs each with two light heads per governing code. Provide exit signage per governing code.

18.

KITCHEN HOOD EXHAUST:

Landlord to provide 22” kitchen hood grease duct and shaft stubbed into tenant space and building attic at coordinated locations. Shaft(s) will be placed adjacent to upper-level residential corridors and shall be accessed through rated panels from corridor. Tenant to make final connection to kitchen equipment within space and through roof. Final connection to include, but not limited to, roof penetration, roof curb, flashing, exhaust fan, and electrical conduit, etc.

19.

OTHER:

All work performed by Landlord or Tenant shall be in accordance with specifications of Landlord, unless otherwise specifically provided herein.

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The property being offered shall not be used for any of the following commercial establishments: 1.

The sale of motor fuels (including diesel) and any gas/service station and/or other facility that stores or dispenses gasoline, diesel or other fuel products, including any automobile body and fender repair work; 2.

Any automobile, truck, trailer or recreational vehicle sales, leasing, display or body shop repair operation; 3.

Any business whose primary business is the sale of adult or pornographic materials; 4.

Any business whose primary business is the sale of cigarettes, cigars and other tobacco products; 5.

Any dispensaries or other businesses whose primary business is the sale of THC or marijuana related items.

6.

Any business whose primary business is the sale of beer, wine or other alcoholic beverages for off-premises consumption; 7.

Any warehouse (but any area for storage related to any use which is not prohibited, and any area for the storage of goods intended to be sold at any any mobile home or trailer court, labor camp, junk yard, stock yard or animal raising; provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction; 8.

Any funeral establishment, mortuary or similar service.

9.

Any shooting gallery, gun range or target range; 10.

Any prostitution or "adult" peep shows, pornographic book stores or pornographic novelty shops, or any adult or "x" rated video store, adult bookstore, any facility selling or displaying pornographic materials or movies, or other pornographic business, or for the sale of paraphernalia primarily for use with illicit drugs; 11.

Any gambling facility or operation, including but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot machines, video poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not be applicable to government sponsored gambling activities or charitable gambling activities, so long as such activities are incidental to the business operation being conducted by the occupant; 12.

Any massage parlor (except that massage services shall be permitted by an operator of the type that is typically found in first class shopping centers such as those being operated as of the date hereof under the trade name "Massage Envy", and except for massage services offered in connection with the operation of a beauty salon, health club, fitness center, medical office or day spa); 13.

Topless bars and/or restaurants.

Notwithstanding anything contained herein to the contrary, none of the following uses or actions shall occur on the Property: (1) any public or private nuisance.

(2) any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; provided, however, that the foregoing shall not prohibit the installation, use and operation of outdoor seating, patios, rooftop decks or restaurants/bars, and the playing and/or performing of live or broadcast/streaming music so long as all Legal Requirements are otherwise complied with.

(3) any obnoxious odor.

(4) any noxious, toxic, caustic or corrosive fuel or gas except to the extent used in the customary operation of a fuel station operated in accordance with all applicable laws.

(5) any dust, dirt or fly ash in excessive quantities.

(6) any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks, except for fire pits and/or fireplaces.

(7) any drilling for and/or removal of sub-surface substances.

(8) any dumping or incineration of garbage or refuse.

(9) any outdoor advertising, except for signs that advertise businesses leasing and occupying office or retail space in the Improvements constructed on the Property or signs that advertise residential or retail leasing opportunities in the Improvements constructed on the Property. All signage must be approved by the Managing Agent prior to installation, and such approval shall not be unreasonably delayed, conditioned or withheld.

(10) assembly, manufacture, distillation, refining, smelting, agriculture or mining operations; provided that the foregoing shall not apply to manufacture, brewing and/or distillation of malt beverages, alcoholic beverages and/or other spirits.