New York, New York 10004
ARTICLE | PAGE | |||
1 Rent | 2 | |||
2 Occupancy | 3 | |||
3 Alterations and Installations | 5 | |||
4 Repairs | 11 | |||
5 Requirements of Law; Fire Insurance | 15 | |||
6 Subordination | 16 | |||
7 Property: Loss, Damage, Reimbursement | 17 | |||
8 Destruction: Fire or Other Cause | 20 | |||
9 Eminent Domain | 22 | |||
10 Assignment, Sublease, Etc. | 24 | |||
11 Access to Demised Premises | 34 | |||
12 Certificate of Occupancy | 36 | |||
13 Bankruptcy | 37 | |||
14 Default | 38 | |||
15 Remedies | 40 | |||
16 Fees and Expenses; Landlord’s Cure Rights; Interest | 42 | |||
17 No Representations | 42 | |||
18 End of Term; Holdover Rent | 43 | |||
19 Quiet Enjoyment | 44 | |||
20 Definitions; Maximum Liability | 44 | |||
21 Adjacent Excavation/Shoring | 45 | |||
22 Rules and Regulations | 46 | |||
23 No Waiver; Entire Agreement | 47 | |||
24 Waiver of Trial by Jury | 48 | |||
25 Force Majeure Events | 48 | |||
26 Notices | 49 | |||
27 Services | 50 | |||
28 Tax Increase Payments | 60 | |||
29 Operating Expense Increase Payments | 64 | |||
30 Electric Energy | 69 | |||
31 Commencement of the Term; Landlord’s Work | 74 | |||
32 Tenant’s Work, Etc.; Work Allowance | 83 | |||
33 Condominium | 90 | |||
34 Name of Building; Signage | 91 | |||
35 Invalidity of any Provision | 92 | |||
36 Captions | 92 |
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ARTICLE | PAGE | |||
37 Certificate of Landlord or Tenant | 93 | |||
38 Broker | 94 | |||
39 Renewal Option | 94 | |||
40 Expansion Option | 97 | |||
41 2017 Expansion Option | 100 | |||
42 Offer Space | 103 | |||
43 Termination Option | 107 | |||
44 Roof Rights | 109 | |||
45 Relocation Right | 111 | |||
46 Indemnity and Waiver of Claims | 112 | |||
47 Successors and Assigns | 113 | |||
48 Miscellaneous | 114 | |||
49 Arbitration | 117 | |||
50 Tenant’s Offset Right | 118 | |||
51 Interruption of Services | 119 | |||
52 Representations and Warranties | 120 |
SCHEDULE I | Basic Annual Rent | |
SCHEDULE II | Building Cafeteria Rent |
EXHIBIT A-1 | Floor Plans (Office Space) | |
EXHIBIT A-2 | Floor Plans (Storage Space) | |
EXHIBIT AD | Access Door | |
EXHIBIT AR | Alteration Rules and Regulations | |
EXHIBIT B | Rules and Regulations | |
EXHIBIT C | Cleaning Specifications | |
EXHIBIT CA | Confidentiality Agreement | |
EXHIBIT CO | Pre-Approved Contractors | |
EXHIBIT D | Legal Description of Land | |
EXHIBIT LW-1 | Landlord’s Work | |
EXHIBIT LW-2 | Lobby Work | |
EXHIBIT MSC | Mechanical System Criteria | |
EXHIBIT NDA | Acceptable Non-Disturbance & Attornment Agreement | |
EXHIBIT OE | Operating Expenses Defined | |
EXHIBIT OEC | General Operating Expense Statement Categories | |
EXHIBIT RA | Recognition Agreement Form | |
EXHIBIT S | Sign Specifications | |
EXHIBIT SC | Tri-Party Sublease Consent Form | |
EXHIBIT TF | Third Floor Early Access Space | |
EXHIBIT UPS | UPS Space |
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SUBORDINATION
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PROPERTY—LOSS, DAMAGE, REIMBURSEMENT
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DESTRUCTION—FIRE OR OTHER CAUSE
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Landlord: | ||||||||||
85 BROAD STREET LLC, | ||||||||||
a Delaware limited liability company | ||||||||||
By: | 85 Broad Street Mezzanine LLC, its sole member | |||||||||
By: | Metropolitan Life Insurance Company, its sole member | |||||||||
By: | /S/ David V. Politano | |||||||||
Name: David V. Politano Title: Managing Director | ||||||||||
Tenant: | ||||||||||
VINER FINANCE INC., | ||||||||||
a Delaware corporation | ||||||||||
By: | /S/ Albert G. Lowenthal | |||||||||
Name: Albert G. Lowenthal | ||||||||||
Title: Chief Executive Office |
Per Annum | Per Month | |||||||
UPS Space | $ | 53,524.80 | $ | 4,460.40 | ||||
Storage Space | $ | 81,319.70 | $ | 6,776.64 | ||||
2nd floor | $ | 1,274,239.50 | $ | 106,186.63 | ||||
3rd floor | $ | 1,269,482.50 | $ | 105,790.21 | ||||
22nd floor | $ | 1,698,620.00 | $ | 141,551.67 | ||||
23rd floor | $ | 1,689,820.00 | $ | 140,818.33 | ||||
24th floor | $ | 1,689,776.00 | $ | 140,814.67 | ||||
25th floor | $ | 1,753,695.00 | $ | 146,141.25 | ||||
26th floor | $ | 1,745,460.00 | $ | 145,455.00 |
Per Annum | Per Month | |||||||
UPS Space | $ | 63,892.80 | $ | 5,324.40 | ||||
Storage Space | $ | 97,071.70 | $ | 8,089.31 | ||||
2nd floor | $ | 1,426,387.50 | $ | 118,865.63 | ||||
3rd floor | $ | 1,421,062.50 | $ | 118,421.88 | ||||
22nd floor | $ | 1,853,040.00 | $ | 154,420.00 | ||||
23rd floor | $ | 1,843,440.00 | $ | 153,620.00 | ||||
24th floor | $ | 1,843,392.00 | $ | 153,616.00 | ||||
25th floor | $ | 1,909,579.00 | $ | 159,131.58 | ||||
26th floor | $ | 1,900,612.00 | $ | 158,384.33 |
Per Annum | Per Month | |||||||
UPS Space | $ | 74,260.80 | $ | 6,188.40 | ||||
Storage Space | $ | 112,823.70 | $ | 9,401.98 | ||||
2nd floor | $ | 1,578,535.50 | $ | 131,544.63 | ||||
3rd floor | $ | 1,572,642.50 | $ | 131,053.54 | ||||
22nd floor | $ | 2,007,460.00 | $ | 167,288.33 | ||||
23rd floor | $ | 1,997,060.00 | $ | 166,421.67 | ||||
24th floor | $ | 1,997,008.00 | $ | 166,417.33 | ||||
25th floor | $ | 2,065,463.00 | $ | 172,121.92 | ||||
26th floor | $ | 2,055,764.00 | $ | 171,313.67 |
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BUILDING ALTERATIONS AT | ||
85 BROAD STREET | ||
Standards, Specifications & Guidelines | ||
Revised July 11, 2011 |
Section VIII — 3
Section 1.Introduction | ||||
Section 2.Tenant/Contract Responsibilities | ||||
Section 3.Insurance | ||||
Section 4.Standards | ||||
Section 5.Building Specifications | ||||
Appendix A: Waste Tracking Worksheet (WTW) | ||||
Appendix B: Sample Certificate of Insurance |
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Section VIII — 4
Many potential problems that can occur during both the design and construction portion of a project can be avoided when the Tenant and their design/construction team review these standards together, and attend the initial project kick-off meeting with the Landlord’s representatives.
We look forward to working with you.
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Section VIII — 5
The Tenant is responsible for hiring a licensed architect and/or licensed engineer(s) to provide the appropriate design and construction documents. It is imperative that the Tenant mandates these professionals to actually visit the site and perform a field survey of the demised space. These inspections are often critical to the success of the project and the Tenant should be sure that they are part of the consultant’s scope of work. Subject to the terms of the Lease, the Landlord will not make final Tenant Improvement payments until the work is completed and all sign-offs are obtained, Landlord requires the following information in order to complete the review process and approve/disapprove the initiation of any construction work:
• | A letter requesting the alteration. If you are a sub-tenant, the letter must be accompanied with a letter from the primary tenant allowing your firm to proceed with any alterations. | |
• | Three sets of drawings and specifications signed and sealed by the architect & or engineer. | |
• | A copy of the applications to the various local agencies that must review and approve the drawings. Tenant must use the Building’s expediting firm that can be found in the building specific section. | |
• | An original copy of the architect/engineering firm’s Errors & Omissions and Certificate of Insurance. A copy of the same should be forwarded of the General Contractor and all subcontractors when these firms have been decided. | |
• | Intentionally Omitted. | |
• | Retail and Restaurant Tenants should provide a sample of material boards, schematic design drawings, signage and display window information. | |
• | Restaurant Tenants should also include estimates of water and steam usage. |
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Section IX — 6
Section 2: | ||
Tenant/Contractor | ||
Responsibilities |
If additional or special cleaning services are needed in any public area due to the Tenant’s construction work, the Tenant will be notified of this need and will be charged for it accordingly.
• | Tenants are responsible for compliance with all applicable laws affecting their premises, including but not limited to Local Laws 5, 16, and 58. All alterations within their premises must comply with New York City Codes and Regulations of all the agencies that have jurisdiction and with the Americans with Disabilities Act. | |
• | The drawings and specifications will be reviewed by the Landlord only to ascertain compatibility with the building’s design, structural and appropriate systems (i.e. electrical, mechanical, plumbing, life safety). | |
• | These requirements do not in any way alter the terms and provisions of the lease, and the Landlord reserves the right to withhold its consent or approval notwithstanding compliance to these guidelines. | |
• | Landlord reserves the right to add to or modify any standards, specifications and guidelines. | |
• | If the project is to be completed in multiple phases, the Tenant shall not permit work to begin within the next phase until the Landlord has reviewed all the appropriate drawings and other documentation and granted approval to begin the following phase. | |
• | The Tenant’s contractor is expected to follow all the building’s rules and regulations. Any contractor or their employee who does not follow these policies will be requested to leave the building and will not be permitted access to the building henceforth. | |
• | At the completion of the project, all Building Department, Fire Department, etc. sign-offs and As-Built drawings (both hardcopy and on AutoCAD format) are to be submitted to the Property Manager. |
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Section IX — 7
• | Original drawings that have been reviewed, approved and stamped by a licensed architectural/engineering firm. |
• | Copy of all permits and approvals from the agencies that have jurisdiction including but not limited to: |
• | Copy of the electrical permit with form A433R filed by the electrical contractor and approved by the Fire Department for fire alarm alterations. | ||
• | Copy of the NYC Department of Buildings approved drawings. |
• | Copy of the approved PW-1 form for plumbing, mechanical, partition, sprinkler, or fire alarm alteration work. | ||
• | Copy of the approved TR-1 forms for partitions, fire stopping, air conditioning, etc. | ||
• | Copy of the ACP-5, ACP-7 or ACP-9 form (whichever is applicable). | ||
• | Copy of the construction permit. | ||
• | Copy of the plumbing permit, if applicable. | ||
• | Copy of the sprinkler hydraulic calculation and permits, if applicable. | ||
• | Copy of the air conditioning permit, if applicable. |
• | An authorization letter of the individuals who may order additional services on behalf of the Tenant (i.e. freight elevator reservations, additional cleaning). |
• | Certificate of Insurance for all those firms that represent the Tenant and will be performing work in the building. |
• | A contact list of all firms who are working on behalf of the Tenant that should include company name, trade, contact person(s), phone numbers and emergency phone numbers. Landlord must approve all General and Subcontractors who are intended to work in the building. |
• | A project schedule indicating the proposed time frame for the various work stages to begin and be completed. |
• | A list of those persons who are authorized to order additional services from the Landlord (e.g., freight reservations, additional cleaning, etc.) on behalf of the Tenant. |
• | The day, time and location where construction meetings will be held so that the Landlord’s representative may attend the meetings and monitor the progress of the job. |
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Section IX — 8
• | Two (2) sets of As-Built blueprints and shop drawings (1 blue line and 1 Sepia). |
• | Copy of the air/water balancing report. |
• | Copies of all the required sign-off letter(s) for all work filed under the PW-1 and TR-1 forms. |
• | Copy of the Bureau of Electrical Department sign-off letter. |
• | Copies of any Equipment Use Permits. |
• | Two (2) copies disks that contain the updated AutoCAD As-Built conditions for all trade work in layered format. |
• | Final lien waivers for all trades on the project. |
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Section IX — 9
a) | 85 Broad Street is a Class A building and has agreements with various unions. Therefore, in an effort to maintain harmony within the facility, all of the Tenant’s contractors shall be members in good standing with local unions from each of the various trade organizations. |
b) | All Tenant improvements must first be reviewed by the Landlord and receive approval before any alterations are performed. Submitted documents should include all appropriate catalog cuts of intended equipment. |
c) | After the Landlord has approved the documents, plans must be filed with the New York City agencies that have jurisdiction by the Building’s Code Consultant/ Expediter (see Building Specific section for company and contact person) at the Tenant’s expense and thereafter, a copy of all permits, NYC approved perforated drawings and approved applications should be submitted to the Landlord prior to the commencement of any work. |
d) | Review by the Landlord is only to ascertain compatibility with the building’s design, structure and systems. The review process and Landlord’s consent is not to be construed as representation by RANY and/or its affiliates as to propriety or legality of design for intended function. All design work and contracted documents prepared by the Tenant or its consultants shall be subject to compliance with all applicable laws, regulations and the City of New York Buildings Department and Fire Department codes. The compliance is the responsibility of the Tenant’s licensed professional architect and/or engineer. |
e) | Both General Contractor and all Subcontractors shall comply with the requirements that are listed within this manual. Noncompliance with any of these rules may and can require the Landlord to prevent the firm access into the building. |
f) | Provided construction cost is not materially higher as a result thereof, any construction inside the building or on site (including retrofits, renovations or modifications), the design and contracting documents will include a requirement that all construction waste including demolition waste be classified by the type of material and by weight (i.e. Wood, Metal, Gypsum, Concrete, Residual). Provided construction, renovation or repair cost is not materially higher as a result,a minimum of 75% (by weight) of construction waste will be recycled and/or salvaged. The recyclables can be either separated on site in separate bins or can be separated offsite at a receiving station, documentation must be submitted to confirm which approach is being taken and where applicable, provide contact information. |
g) | General Contractor is required to submit documentation of exact amounts of waste removed from the job site and the amount of recyclables contained and removed from the load, including waste generated by all Subcontractors. All documentation must be submitted to the Agent for review on an ongoing basis throughout construction, not just at completion.See Exhibit A: Waste Tracking Worksheet (WTW)to be completed and submitted. |
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Section IX — 10
h) | All demolition/construction work that produces excessive noise, or generates particulates or odor is permitted only after 6:00 PM and will cease by 7:00 AM Monday through Friday. These activities include partition demolition, fastening studs, chopping, core drilling, etc. The Landlord reserves the right to direct the contractor and/or subcontractor to cease this activity if such activity is disturbing other tenants. |
i) | Regularly scheduled meetings between the Tenant’s representative, General Contractor and the Landlord’s representative should be established to afford the opportunity to discuss any issues that need to be addressed as well as review the project’s progress and remaining schedule. |
j) | Requests for freight reservations, overtime HVAC, etc. will only be honored after the Tenant submits a list of those individuals who are authorized to order such services on behalf of the Tenant. |
k) | All construction materials are to be brought to the job in proper containers and must be stored in the Tenant’s work area. No materials are to be stored in the public areas (i.e. freight lobby, core closets, public corridors, etc.). |
l) | All spaces outside the construction area (especially common hallways and stairwells on multi-tenant floors) shall be kept safe and clean and shall be regularly policed by the Tenant’s General Contractor. All items that are found unacceptable shall be resolved immediately. |
m) | The Landlord reserves the right to deny the Tenant’s contractor(s) and/or the contractor’s employee(s) access into the building if they/he/she has been found in spaces outside the construction area (i.e. adjacent tenant spaces without prior knowledge and approval) or has been found to have removed items from the building that do not belong to their firm. The Landlord’s decision will be final. | ||
n) | All fire exits shall be kept clear and accessible at all times. | ||
o) | Fire extinguishers supplied by the contractor must be on the job during construction. |
p) | When burning operations are required, the contractor must ensure that the operator of the burning equipment shall have a Certificate of Fitness to operate such equipment. During the burning operation, an additional person holding a Certificate of Fitness for fire watch must be in attendance. A copy of each certificate must be supplied to the Building Office before such work is performed. The building must be advised prior to this work so the fire alarm system may be taken off-line. |
q) | Workers may be assigned to one toilet, which the general contractor will be responsible to clean and maintain. Appropriate accommodations should be made to afford both sexes privacy while using the facility. |
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Section IX — 11
r) | All containers must be emptied and returned to the construction area promptly. All construction debris and excess material should be removed from the job site and carted away from the building before 7:00 AM and after 6:00 PM. Containers may not be stored or left unattended on the sidewalk or loading dock at any time. Any fine(s) resulting from this violation that are received from NYC will be paid by the Landlord and billed back to the Tenant. |
s) | All fireproofing on steel and columns must be replaced to match the existing rating and color, at the Tenant’s expense, if damaged by the Tenant’s contractor. |
t) | 48-hour notification must be given to the Building Office before the hung ceiling tiles are to be installed. This will afford the Landlord the opportunity to view and ensure access doors for VAV’s, etc. are not blocked and can be serviced properly. |
a) | The General Contractor shall maintain competent and adequate supervision on the premises when all work is in progress. | ||
b) | Construction personnel must carry proper identification at all times. |
c) | All persons in a supervisory position must be able to speak and understand English fluently. |
a) | The General Contractor (GC) shall be responsible for maintaining the cleanliness of the work area and the areas involved in the delivery and storage of materials. At all times, the GC is responsible to maintain a safe work environment for those within and outside the construction area. |
b) | Walk-off mats are to be provided within the construction area at each exit and shall be wet continuously to prevent the tracking of footprints into areas outside the construction area. |
c) | All public areas such as elevator lobbies, corridors, toilets and service halls shall be protected with Masonite and craft paper to the satisfaction of the Building Office. Throughout the job, the GC shall protect the HVAC perimeter units, fire alarm equipment, etc. |
d) | Maintain a positive Indoor Air Quality (IAQ) work site. The following specific actions may be applicable to controlling contaminants at the work site: wetting agents or sweeping compounds to suppress dust, removing spills or accumulated water, using low odor emitting cleaners, protecting porous materials from moisture, keeping materials elevated off floor surfaces and increasing the cleaning frequency for dust. |
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Section X — 12
Section 3: | ||
Insurance | ||
Requirements |
I. | The Service Contractor shall provide the following minimum insurance coverage. SeeExhibit B: Sample Certificate of Insurancefor reference: |
A. | Commercial General Liability | ||
Combined Single Limit — $3,000,000 per occurrence and annual aggregate per location. Such insurance shall be broad form and include, but not be limited to, contractual liability, independent contractor’s liability, products and completed operations liability, and personal injury liability. A combination of primary and excess policies may be utilized. Policies shall be primary and noncontributory. | |||
B. | Worker’s Compensation — Statutory Limits | ||
C. | Employer’s Liability | ||
With minimum liability limits of $1,000,000 bodily injury by accident each accident, $1,000,000 bodily injury by disease policy limit; $1,000,000 bodily injury each employee. | |||
D. | Commercial Automobile Liability | ||
Combined Single Limit — $1,000,000 per accident. | |||
Such insurance shall cover injury (or death) and property damage arising out of the ownership, maintenance or use of any private passenger or commercial vehicles and of any other equipment required to be licensed for road use. | |||
E. | Property Insurance | ||
All-risk, replacement cost property insurance to protect against loss of owned or rented equipment and tools brought onto and/or used on any Property by the Service Contractor. | |||
F. | Crime Insurance / Fidelity Bond Service Contractor is responsible for loss to Owner and third party property/assets and shall maintain Fidelity Bond or comprehensive crime insurance coverage for the dishonest acts of its employees in a minimum amount of $1,000,000. Service Contractor shall name Owner as Loss Payee with respect to the comprehensive crime insurance coverage. | ||
G. | Errors & Omissions/Professional Liability (applicable for professional services only) Service Contractor shall provide Liability limits of at least $5,000,000 per claim and $5,000,000 in the aggregate. The retroactive insurance date of such insurance shall be no later than the commencement date of the contract. Such insurance shall be provided for two years beyond the completion of the work. |
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Section X — 13
II. | Policies described in Sections I.A. and I.D. above shall include the following as additional insured, including their officers, directors and employees. Additional Insured endorsements CG 20 10 10 01 and CG 20 37 10 01A or their equivalent shall be utilized for the policy(ies) described in Section I.A. above. Please note that the spelling of these parties must be exactly correct or the Contract Duties will not be allowed to commence. |
• | 85 Broad Street LLC |
• | Metropolitan Life Insurance Company | ||
• | Jones Lang LaSalle Americas, Inc. |
III. | Service Contractor waives any and all rights of subrogation with respect to its commercial property and workers’ compensation liability insurance policies against the parties identified above in Paragraph II. | |
IV. | All policies will be written by companies licensed to do business in the State of New York and which have a rating by Best’s Key Rating Guide not less than “A-/VIII”. | |
V. | Service Contractor shall furnish Certificate(s) of Insurance evidencing the above coverage, except property insurance under I.E. Original Certificate(s) of Insurance must be provided before Service Contractor commences Contract Duties or Contract Duties will not be allowed to commence. | |
VI. | Certificate(s) of Insurance relating to policies required under this Agreement shall contain one of the following two sets of words: | |
“Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail thirty (30) days’ written notice to the Certificate Holder.” | ||
OR | ||
“Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.” | ||
VII. | The following should be named as the Certificate Holder: Jones Lang LaSalle Americas, Inc. | |
85 Broad Street, SC Level | ||
New York, NY 10004 | ||
Attn: Facility Manager — Insurance. |
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Section XI — 14
Section IV: | ||
Building Standards |
e) | Column numbers to facilitate reference and coordination. | ||
f) | Plot Plan and key plan referenced to the appropriate floor and the area of the floor to be worked on should be shaded in. | ||
g) | Title block with: |
• | Tenant’s name, address, floor number | ||
• | Project description | ||
• | Drawing number | ||
• | Scale, date | ||
• | Revision column with date, revision number and description of change. All revisions that pertain to the Landlord review process should be identified by encircling the revision and labeling it with a revision triangle and number. The number should correspond to the revision column information. |
• | Demolition Plan.Based on a field survey, drawings shall indicate all construction components or materials, i.e. partitions, doors, ceiling tiles, etc. to be removed. Please note all convector covers are to remain. They may be removed before demolition, securely stored and replaced after demolition has been completed. | |
• | Construction Plan.Indicate all new work including the demising partitions. |
• | Room designations | ||
• | Window treatment | ||
• | Convector cover details | ||
• | Floor chopping and core drilling details | ||
• | Note all changes to the service core components, i.e. service elevator lobby doors; alterations to any shafts, pipe chases or risers; telephone closets and/or mechanical/electrical rooms. |
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Section XI — 15
• | Hardware schedule to be in accordance with a Class A office building. Reflected Ceiling Plan |
• | Specify ceiling construction either new or to remain. | ||
• | All lights should be shown as either new, existing to be reused or relocated, or existing to remain. Description should contain all light fixture-type, wattage and sizes. | ||
• | All switches and fixture controls and electrical branch circuit drawings |
• | Power and Telephone Plan |
• | Demolition Plan.Indicate all structural elements and surrounding components that may be affected |
• | Demolition Plan.Indicate all elements to be removed and clearly identify all items that are to remain, i.e. fire safety equipment, etc. A field survey should be performed so that the demolition plan clearly delineates these elements. |
• | Construction Plan.Indicate all new elements to be installed. |
• | Communication Plan |
• | Lighting & Power Plan |
• | Fire Safety Systems Plan.Indicate all existing base building devices and components to remain and/or be relocated to comply with ADA. |
• | Demolition Plan.Indicate all elements to be removed and clearly identify all items that are to remain, i.e. fire dampers, etc. A field survey should be performed so that demolition plan clearly delineates these elements. |
• | HVAC Systems Design Plan and Specifications |
• | HVAC Piping Design Plan |
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Section XI — 16
Should include the following plans: |
• | Demolition Plan.Indicate all fixtures to be removed and all fixtures to remain. |
• | Plumbing Systems Design Plan and Revised Diagrams |
• | Plumbing Specifications and Cuts |
• | Demolition Plan.Indicate all elements to be removed and all elements to remain. A field survey should be performed so that the demolition plan clearly delineates these elements. |
• | Sprinkler Systems Design Plan Specification and Riser Diagram |
• | Hydraulic Calculations |
• | Fire Protection by Ansul Systems Design Plan, if required |
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Section XI — 17
h) | Existing plumbing fixtures, drinking fountains, sinks, lavatories, water closets, showers, floor drains, etc., which are to be removed, must have water supply shut off prior to disconnecting and removing them to prevent flooding. Fixtures should be first offered to the Building Office for inventory before the fixtures are discarded. All abandoned plumbing lines must be disconnected and removed up to the main plumbing risers and capped properly. | ||
i) | Remove all abandoned cabling from the existing floor cells back to their source. |
j) | Where demolition is to take place in an area of the building where fire safety equipment such as alarms, speakers, smoke detectors, floor warden stations, etc. are located, the Building Office must be notified at least three business days prior to the start of demolition so that the equipment may be protected. |
k) | All fire safety equipment and associated conduit and wiring shall be protected from any physical damage during demolition and/or construction. At Ownership’s discretion, an ample amount of fire alarm coverage shall be maintained at all times (i.e. smokes and speaker strobes) during the entire demolition process |
l) | Each floor on which construction is undertaken must remain in a safe condition with regard to fire safety for personnel working on the floor. All fire stairs, alarms, manual pull stations must remain accessible and operable at all times. |
m) | The Landlord prohibits construction, security devices or signage without prior Landlord consent that would in any way damage or alter existing stone, metal or glass facades in or on either the exterior or interior of the building. Any damage that occurs will be repaired by the Landlord at the Tenant’s expense. |
n) | All public areas such as elevator lobbies, corridors and hallways shall be protected with Masonite and craft paper to the satisfaction of the Building Office. Also, shoe-wiping mats must be placed at all openings to the construction area (and within the areas of construction) and public areas must be continuously kept clean. Equipment and other property belonging to the building shall also be protected, and refurbished if damaged during the course of construction, to the satisfaction of the Property Manager. |
o) | All existing masonry construction such as at columns, piers and core penetrations, where disturbed due to adjacent demolition, are to be replaced and repaired with material to match existing construction. All restoration of fire rated assemblies must be completed to restore rating. Masonry openings must be filled with same material before drywall is applied. |
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Section XI — 18
p) | Partitions shall not be fastened or braced to ductwork, conduit or piping. |
q) | Woodwork, cabinetwork, raised flooring and furniture/partitions along the perimeter wall of the building at the convector cover locations must be easily removable and maintain a proper distance to ensure adequate air circulation and access for maintenance. Notwithstanding the foregoing, the existing woodwork, cabinetwork, raised flooring and furniture/partitions are not required to comply with this provision to the extent they remain in their existing condition and/or position. |
r) | Provide waterproof membrane in all wet areas, both on the floor and 4” above the finished floor (A.F.F.) on walls. |
s) | No cooking is allowed in pantries. Microwaves, coffee makers, dishwashers, icemakers and refrigerators only. |
1. | Contain at least 10% post-consumer or 20% post-industrial material | ||
2. | Is Forest Stewardship Council (FSC) certified wood | ||
3. | Contain at least 50% materials harvested and processed or extracted and processed within 500 miles of the project |
1) | Contain at least 70% salvaged material from off site or outside the organization | ||
2) | Contain 50% rapidly renewable materials (i.e. bamboo, cork, linoleum, etc) |
18
Section XI — 19
t) | Paint and coatings with VOC emissions that do not exceed VOC limits of Green Seal’s Standard GS-11 requirements |
u) | Carpet and Carpet Cushion that meets the requirements of the CRI Green Label Testing Program |
v) | Composite panels (MDF, OSB, plywood) and agrifiber products that contain no added urea-formaldehyde |
w) | Adhesives and sealants that comply with the VOC content limits of South Coast Air Quality Management District (SCAQMD) Rule #1168 |
x) | Lighting that use reduced mercury content of less than 80 picograms per lumen hour of light output |
19
Section XI — 20
a) | Single Tenant Floors |
b) | Multi-Tenant Floors |
c) | Security Systems |
a) | Window treatment shall not interfere with the operation of the peripheral air conditioning system or window cleaning operations. Perimeter finishes must meet the building standard. Notwithstanding the foregoing, existing window pocket condition shall not be required to conform to the Building’s standard requirement to the extent they remain in their current location/condition. | ||
b) | Window treatment specifications must be submitted for approval by Landlord. |
20
Section XI — 21
a) | Interior drywall partitions that are adjoined to the perimeter shall be fastened to a perimeter column. |
b) | A minimum of 18 inches shall be provided so that perimeter induction units may be easily accessible to maintenance personnel. |
a) | A Tenant leasing retail space shall submit to the Landlord all plans, elevations, storefront design, signage and samples of finished materials for review. Security gates may not be used. |
b) | All storefront alterations must comply with building standards in terms of configuration, materials, finish, profiles, etc. |
21
Section XI — 22
a) | Structural drawings must be coordinated and submitted with other disciplines that are affected by structural modifications. | ||
b) | All required fire ratings of existing and new components should be maintained. |
c) | Fire watch service shall be provided by Tenant’s contractor during welding and burning operations including appropriate fire extinguishers, etc. Copies of any and all fire watch personnel’s Certificates of Fitness shall be submitted to the Building Office before such fire watch is required. The building shall be notified so the fire alarm system may be taken off line. |
d) | New structural in-fill shall be compatible with existing construction to remain in order to sustain floor duct continuity and other systems as required by the building’s structural engineer. |
e) | No attachments, chopping or chasing of core walls and masonry demising partition walls will be permitted without prior Landlord approval. |
f) | Partitions shall not be fastened or braced to ductwork, conduit or piping. |
22
Section XI — 23
a) | Provide a connected and demand load summary for all new and existing equipment and indicate the watts-per-square-foot usage based on the Tenant’s rentable square footage. |
b) | Proper temporary lighting and power must be installed and maintained in all work areas. All temporary lighting will be removed at the job’s completion and not left abandoned within the hung ceiling. |
c) | An appropriately labeled fused safety switch shall be installed in the electric closet when a sub-panel is installed in a Tenant’s space. |
d) | Provide emergency lighting fixtures, where applicable by code. Refer to the Building Specification section for emergency power requirements. |
e) | It shall be the contractor’s responsibility to balance loads and refurbish electric panels where necessary. The condition of the electric panels and closets at the project completion is subject to review by the Landlord. |
f) | It is the responsibility of the contractor to leave the electrical closets clean and free of all rubbish and materials. It shall be the contractor’s responsibility to patch all openings created by the work. |
g) | At the completion of the alteration, meter pans, safety switches, panels, panel directories and other distribution devices are to be labeled correctly. Previous labeling or markings are to be removed or painted over. |
h) | All panel directories are to be typed and checked for accuracy.Handwritten directories are unacceptable.They should display the circuit number and those devices that are connected to the circuit. |
i) | The source of all new risers shall be identified in a manner consistent with existing switchboard designations. All pull boxes required for new riser installations must identify the riser, the Tenant, and equipment served (i.e. circuit breaker panels LP5 A & LP5B). |
j) | Core drilling will be allowed only after a complete survey and probe of slab fill is performed to assure that they are clear of any existing conduit or obstructions. Permission for such drilling must be obtained from the General Manager or the building’s Chief Engineer. All work shall be properly fire-stopped and safed. | ||
k) | All electric power must be disconnected before starting demolition. |
l) | When switches or circuit breakers are opened for work on electrical equipment or wiring, signs or tags should be installed at the switch or breaker stating that work is being performed on them. If the device is lockable, it should be padlocked at the end of each workday. |
23
Section XI — 24
a) | Panel boards shall be provided as follows: |
• | 120/208 volts and/or 265/460 volts surface mounted in electric closets. |
• | All panel boards shall be 3-phase 4 wire and shall not exceed existing available floor amperage. |
• | Panels shall be factory assembled and fabricated by an approved Switchboard manufacture, dead front, bolt-on circuit breaker type, UL listed and NYC approved. |
• | Cabinets and trim shall be galvanized sheet metal, factory painted with one rust proofing primer coat and one finish coat. |
• | Bus Bars shall be full height copper. Neutral bar shall be full size. Bussing shall be braced throughout for a minimum of 10,000 amps. Provide 200 Amp neutral when serving non-linear loads. |
• | Doors shall have flush type paracentric cylinder locks and catches. Lock must be compatible with Landlord’s standard key system. Back of the door shall have a directory frame and directory card protected with a non-fading transparent cover. |
b) | Do not chop outlets, switches or similar devices into core walls without prior authorization by the Landlord. Engineer shall provide a detail for all devices chased in the floor slab. |
c) | See the Building Standard section for standard light fixtures. |
a) | The Tenant’s design engineer shall identify and indicate on plans submitted for Landlord review all existing meters serving the space to be renovated. |
b) | The Tenants design engineer and electrical contractor shall verify that the space has been electrically demised. In addition, the design engineer and contractor shall verify that no other tenants are served by any meter to be removed. |
c) | Landlord will install all submeters at the Tenant’s expense, once the electrical contractor has completed the required service work, subject to the lease agreement. The Tenant’s electrical contractor should complete the installation of the electrical service as soon as possible to facilitate the installation of the new metering equipment. |
d) | Electric meters shall only be installed in base building electric closets or switchboard rooms unless special permission from the Landlord is given for an alternate location. Risers terminating at panels located in Tenant spaces and not metered at the source shall be routed through the nearest electric closet and a disconnect and meter shall be installed by the Landlord at this point. Wherever possible, all dedicated risers should be metered at their point of origin. |
e) | Temporary feeders shall run to the new meter equipment to supply power during construction. No service shall be utilized without a meter in place. |
24
Section XI — 25
a) | Threaded aluminum, rigid steel conduit or EMT shall be used when power distribution is exposed and is run outside of the Tenant space. |
b) | EMT shall be used for all concealed work in the walls or above the hung ceiling (3/4” minimum). Armored, BX or MC cable can be used for branch circuitry, |
c) | Greenfield shall be used for lighting fixture tails (3/8” minimum) and for final connections to motor and transformers (1/2“minimum. Wiring for fixture tails and wiring run through lighting fixtures shall have insulation rated for 90oC (i.e. THHN)1/2”minimum. |
d) | Circuit wiring in panel boards shall be trimmed and dressed in a neat and workmanlike manner. All wiring shall be tagged (accurate panel directories are required. |
e) | Electrical contractor shall remove all unused wiring back to the source. Unused wiring in under floor duct systems shall also be removed. |
f) | All wire, cable and bus must be copper. Wire insulation shall be THHN. |
g) | Branch circuit wiring shall be No. 12 AWG minimum. No. 14 AWG wiring may be used for control work only. All branch wiring must be factory color coded for its length. For feeder wiring No. 6 AWG and larger colored strips along the full cable length is acceptable. For short lengths colored tape may be applied to all cable that is visible. |
h) | For safety considerations, Phase colors for conductors shall be black-red-blue-white for 208-volt systems and brown-yellow-white for 460-volt systems. | ||
i) | The color of switch legs must match the phase circuit color. |
j) | All vertical runs of low voltage Teflon insulated cable below eight feet must be in conduit (EMT). Only cables with Teflon or equivalent plenum type insulation and jacket (UL Type 2P) may be run above the hung ceiling or in convectors without raceway. Proper supports are required. | ||
k) | All temporary lighting and power shall be removed upon completion of project |
25
Section XI — 26
a) | All fluorescent troffers shall be equipped with 2 lamp or 3 lamp electronic ballasts. Fluorescent troffers shall be equipped with heat extraction slots. Incandescent lamps shall be rated for 125 volts. All fixtures need approval by the Landlord prior to installation. Cut sheets on the proposed fixtures should be submitted for Landlord approval (note: lay in type must have channel clips securing fixture to ceiling grid). |
b) | All relocated lighting fixtures shall be washed and re-lamped. Relocated fixture not equipped with electronic ballasts shall also be re-ballasted prior to re-installation in their new location. |
c) | Exit signs shall be lit, with 6” high letters (except in Place of Assembly spaces) and shall be equipped with an integral storage battery/charger to operate the sign for a minimum of 90 minutes in the event of a power outage. |
d) | Tenants are urged to utilize motion sensor switching in all reasonable areas such as private offices, file rooms, etc. |
e) | All fixtures not controlled by motion sensors shall be provided with both local switches and master automatic control to comply with the requirements of the New York State Energy Conservation Code. | ||
f) | See the Building Standards for light fixture types. |
a) | Low voltage cable with thermoplastic insulation (UL Type 2X) may be run only in floor cell or conduit. |
b) | Only cables with Teflon or equivalent plenum type insulation and jacket (UL Type 2P) may be run above the hung ceiling or in convectors without raceway. Proper supports are required. |
c) | Wall mounted outlets shall be equipped with back boxes and conduit stub-ups of EMT to above the hung ceiling plenum, bushings required at end of all conduit stub-ups. |
d) | Teflon cables passing through telephone closet walls must be run through sleeves of rigid galvanized conduit or EMT. Seal around sleeve and around cables using approved fire-stopping media. |
e) | All abandoned cable must be removed by tenant prior to occupancy. Maintenance of wire, including abandoned cable must be in accordance with NFPA requirements. |
26
Section XI — 27
a) | All workstations shall be grounded. Ground wire in manufacturer’s wiring harness shall be carried back to the panel ground bus. |
b) | Workstations shall be hard wired with No. 12 copper wire enclosed in flexible metallic conduit. |
c) | No zip-cord, plug mold, plastic or metallic-plug connectors will be allowed.Notwithstanding the foregoing, Tenant shall have the right to re-use existing plug mold existing in the demised premises as of the date hereof. |
d) | Maximum distance of flexible metallic conduit from wall or floor outlet to workstation termination point shall be no more than 18 inches. | ||
e) | No receptacles shall be permitted to be attached or built-in to task lighting fixtures. |
f) | Any fire rated wall penetrations shall be fire stopped with “Flame Safe” or similar compound. Floor and ceiling penetrations shall be seal with cement. |
27
Section XI — 28
a) | All Tenant supplemental units are required to use condenser water or chilled water to remove the heat from their space. See Building specifics for additional information. |
b) | If Tenant is authorized to tie-into the building’s condenser water or chilled water riser, the Tenant’s engineer should contact the Building Office to coordinate where and when such connections are to be made. |
c) | Piping sizes shall be based upon standard engineering principals of flow and pressure losses, however, a minimum velocity in carbon steel pipe of 3 feet per second shall be used in order to prevent blockages caused by depositing particles. Three-way water valves shall be used. |
d) | Drain pans shall be provided under circulating pumps and any liquid detectors should be wired to a local alarm. |
e) | Each cooling unit shall be provided with a plug valve in addition to the shut-off valves. These plug valves shall be used to regulate the quantity of water flowing through the cooling units as a means of balancing the system. |
f) | All primary shut-off valves shall be O S & Y gate, which can be packed while in operation whether open or closed. All units should also have an individual y-type strainer installed on the supply line. |
g) | All valves must be readily accessible and be tagged with brass tags stamped with their control number. A valve chart indicating the valve number, the valve’s location and what it serves should be framed and hung at an area designated by the building’s Chief Engineer. |
h) | All condenser water or chilled water systems should be exposed to high levels of chemical corrosion inhibitor for as long as possible before filling the system. |
i) | New condenser water or chilled water lines are to be copper material and brazed (No Victaulic or soft solder). Die-electric fittings are to be used between black iron valves and copper. The lines are to be hydrostatically pressure tested. A building management representative must be present during testing. | ||
j) | All condenser water or chilled water piping must be properly insulated. |
a) | All primary shut-off valves shall be O S & Y gate, which can be packed while in operation whether open or closed. Supply lines are to be metered. |
b) | All valves must be readily accessible and be tagged with brass tags stamped with their control number. A valve chart indicating the valve number, the valve’s location and what it serves should be framed and hung at an area designated by the building’s Chief Engineer. |
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Section XI — 29
c) | All steam traps shall have a valve and union on each side and shall be of the Float and Temperature type. |
d) | All steam lines (Supply and condensate) are to be schedule 80-type pipe. |
a) | Base building hot water for heating, compressed air and refrigerant are not available for tenant use. |
b) | All piping shall be clearly marked with its contents. Piping should also be properly insulated and indicate the pipe contents and directional flow a minimum of every 15 feet. |
c) | Furnish and install suitable and substantial hangers and supports for all horizontal lines. Main lines and any other large or heavy pipes shall be supported by pipe hangers and beam clamps of approved design. Hangers for pipe subject to expansion shall be provided with approved rollers. | ||
d) | All hangers shall provide for two inches of vertical adjustment. |
e) | All vertical piping shall be anchored wherever necessary to prevent undue strains on offsets and branches and wherever required to support such piping consistent with industry standards. Anchors shall also consist of heavy forged wrought iron clamps securely bolted or welded to pipes; all extension ends shall bear on building construction and wherever they are close to beams, shall be bent under top flanges. |
f) | Vertical pipes in shafts shall, whenever possible, be supported on structural steel pipe stands. See 3 (b) for labeling requirements. |
g) | When more than one vertical pipe is installed in a shaft in close proximity to other vertical piping, roller guides shall be provided for all piping at every other floor level. |
h) | Piping shall not be supported by means of wire, rope, wood, ductwork or any other makeshift device. |
i) | All existing abandoned piping and equipment shall be removed by the contractor, unless otherwise directed by the Landlord or the engineer. No materials shall be used unless first being reconditioned and then only as specifically approved by Landlord and engineer. |
j) | New systems shall be flushed when their installation is completed to remove construction debris. They should be isolated and cleaned with a trisodium phosphate solution which is heated above 150o F. |
29
Section XI — 30
a) | All testing shall be done in the presence of the General Manager or his/her designated agent (i.e. Chief Engineer). |
b) | The contractor shall flow balance every system to the quantities as shown on all related drawings. |
30
Section XI — 31
a) | The Tenant shall arrange for all necessary inspections, pay all fees for those inspections and turn over copies of all inspection reports and certificates to the Landlord. |
b) | HVAC system design layout shall not have an adverse effect on the existing base building systems. New design supply air quantities shall not exceed base building design air quantities. |
c) | Existing supply, return and exhaust air quantities CFM and static pressures shall be measured at point of connections of new duct to existing ducts and recorded in the presence of building engineering personnel. Written notification must be sent to the Building Office each time that these readings are scheduled to be taken. |
d) | All supplemental package units must utilize chilled water or condenser water for cooling where possible. No air-cooled units or exterior louvers will be permitted. |
e) | All supply, return and exhaust fans and other equipment shall be identified by the system number and their operating data (e.g., Manufacturer’s name and model number, CFM, static pressure, rpm and horsepower) on the appropriate drawings. |
f) | During the project duration, the Landlord and his/her designated representative will inspect the work in progress. Any work that is judged unsatisfactory for any reason or not in compliance with these standards shall be removed and replaced at the expense of the Tenant. |
g) | Any required shut-down of the Building’s systems (i.e. BMS, Fire Alarm) shall be coordinated with sufficient advance notice to the Building Office and shall be performed in a manner which does not interfere with other tenants. |
a) | Drawings shall show new and existing supply, return and exhaust air ducts, with all sizes indicated. |
b) | All ductwork (except for special exhaust systems) shall be constructed of galvanized sheet metal. Installation shall follow SMACNA Standards. |
c) | Galvanized metal ductwork shall be constructed in accordance with the latest SMACNA manual and shall have a pressure rating of 2 inches, 4 inches or 6 inches with 2 inch rating minimum for ductwork between VAV units and outlet, or between fan and outlets if VAV units are not used, and 4 inch rating minimum between fans and VAV units. |
d) | All ductwork shall be sealed and SMACNA seal classification — A, B or C specified. Leakage testing shall be required for ductwork and leakage Class 6, 12, 24, or 48 specified. Extent of ductwork to be tested for each leakage class shall be specified. |
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Section XI — 32
e) | Flexible round duct connections to Air Terminal Units shall be limited to three feet in length or less. |
f) | Flexible canvas connections shall be provided at ductwork connections to fans and other rotating equipment. | ||
g) | Volume dampers shall be shown on drawings wherever required for air balancing purposes. |
h) | Access doors shall be indicated on the drawings wherever access for servicing equipment such as coils, humidifiers, etc. is necessary, and shall be a minimum of 24 inches x 24 inches. Access doors in insulated or lined ducts shall be double panel, insulated, minimum 20 ga.; access doors in non-insulated duct shall be double panel, minimum 20 ga. Or single panel, minimum 18 ga. |
i) | Duct hangers shall be indicated and specified in accordance with the New York City Building Code and SMACNA. |
j) | All unused ductwork must be removed at Tenant’s expense. Unused openings in main ducts shall be blanked-off and sealed airtight. |
k) | Furniture and partitions shall not block the perimeter induction units so that engineering personnel may service and maintain the units as well as provide the proper airflow through the unit. Induction units are to be protected during construction and thoroughly cleaned upon completion of project. Existing perimeter control wire damaged during construction will be restored and paid for by General Contractor. |
a) | Accessible fire and/or smoke dampers and access doors shall be shown on the drawings wherever required. Fire dampers shall have blades out of the air stream and breakaway connections. |
b) | Existing fire dampers and access doors where no longer required due to architectural changes shall be indicated on the drawings to be removed. |
c) | Where ducts penetrate rated walls, including shaft walls, the space between the duct and wall shall be packed with fire-stopping material. The material and the method of packing shall be indicated on the drawings or in the specifications. |
d) | Fire and smoke dampers shall be configured for remote control via the fire alarm and BMS systems. |
e) | Control wiring for smoke dampers and/or combination fire/smoke dampers must be provided on a per system, per floor basis. |
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Section XI — 33
a) | All supply air ceiling diffusers and return air register and grilles shall be indicated on the drawings, including size, CFM, manufacturer’s name and model number, type number and material. |
b) | During construction process, when possible the entire system should be shut down. In the case that the system is running during construction, ensure all return system openings in (or immediately adjacent to) the construction area should be sealed with plastic. Supply side diffusers and window units should also be sealed in plastic for further protection. |
c) | All filters must receive frequent maintenance if the systems are used during construction and must be replaced immediately prior to occupancy. |
a) | Drawings for range hood kitchen exhaust systems shall indicate manufacturer and model number of the rangehood(s), CFM exhaust and ductwork connection to the duct riser. Ductwork shall in accordance with the New York City Building & Fire Codes and shall be insulated. Landlord retains the right to review on-going maintenance records to ensure safety and compliance. |
b) | Dishwasher exhaust ductwork shall be in copper, stainless steel or aluminum, shall slope downwards in the direction of the dishwasher connection. |
c) | Any exhaust system that is to be used for designated smoking areas shall conform with New York City Building Code. These systems will not be permitted to be ducted to the base building return or exhaust branches/risers or use the common return plenum for the floor. |
a) | As previously stated under the HVAC general conditions section, all supplemental HVAC shall use chilled water or condenser water as the method of heat removal if available. Air-cooled units and exhaust louvers will not be permitted. |
b) | All supplemental units shall be shown on the drawings, including manufacturer, model number, size (in tonnage) and CFM. |
c) | Access doors shall be shown on the drawings wherever required as well as any required connections to the Building’s fire alarm system (i.e. smoke dampers, break glass, etc.). |
d) | Access doors shall not be blocked by electrical conduit, piping, ceiling black iron and shall be a minimum of 24 inches x 24 inches to allow maintenance people sufficient room to perform such service. |
33
Section XI — 34
e) | Tenant shall clean and recondition all supplemental units to be reused, including controls. |
f) | Tenant shall be responsible for all costs associated with tapping into the designated riser and all piping to and from the unit. |
g) | Tenant shall also install isolation valves near each unit on both the supply and return lines, local pressure and temperature gauges, condenser water pump, strainer and check valves. Condenser water control valves shall be three-way for constant circulation through open piping system and two-way or three-way in closed systems. Bypass strainers should be considered for critical operations. Pipe sizes shall be selected for a nominal 3 fps or higher open condenser water systems. |
h) | Condensate lines are to be run to the nearest slop sink or fan room floor drain, with Building approval. Gravity drains is preferred over a condensate pump. Pump should only be used when gravity drainage is not possible. |
i) | Tenant piping shall be chemically cleaned and tested prior to final connection to the building system. Submit certificate of clean water analysis and water sample for building review and acceptance. Substantial delays shall result in requirement for retest prior to start-up. |
j) | All vibration and/or noise generating equipment shall be effectively isolated from structure so as to cause no interference to other tenants. |
k) | Rebalance all systems or portions of systems, which are effected by Tenant work. Prior to performing air-balancing procedures, Tenant’s balancer must contact the building’s engineering crew. |
l) | Any ceiling tiles broken or removed during Tenant balancing procedures will be replaced at Tenant’s expense. |
m) | All units that require Equipment Use Permits from the City of New York shall be obtained and a copy of the permit should be placed within a sturdy transparent frame as close to the wall mounted control for each supplemental unit. A copy of the permit should also be sent to the Building Office. |
34
Section XI — 35
a) | All plumbing, including water coolers, must be indicated on the drawings. Indicate manufacturer and model number for proper engineering and roughing. |
b) | All plumbing work, materials, equipment and fixtures shall be new and approved by the Landlord and by those authorities having jurisdiction over the work, including but not limited to, the New York City Plumbing Code. |
c) | All workman employed to perform the work shall be skilled in their respective trades and under direct supervision of a New York City licensed plumber. |
a) | The complete scope of work shall be indicated on the drawings. |
b) | Demolition plumbing drawings shall indicate existing plumbing piping, fixtures and equipment to be removed. | ||
c) | Drawings shall indicate all new pipe, fixtures, valves and equipment. |
d) | Plumbing riser diagrams shall be provided for any plumbing work, all waste drainage, vent, water, and gas systems. |
e) | Manufacturer and model numbers shall be specified on drawings for all valves, fixtures and equipment. |
f) | Hot water heating equipment shall be approved by the New York City Board of Standards and Appeals. Manufacturer and model numbers shall be specified. M.E.A. numbers for gas-fired equipment shall be indicated. |
g) | Restaurant tenants must supply water and steam usage estimates as part of the Landlord review process. |
a) | Prior to disconnecting and connecting new work to existing systems, the plumbing contractor shall notify the General Manager and offer a proposed schedule of work. The Landlord will authorize all connections and coordinate any necessary shut downs and drain downs if required. Shut downs and drain downs require 72 hour notice if such procedures are deemed to effect other tenants who will require sufficient notification to make necessary preparations. Connections may have to be made after hours. Connections to the base building system shall be either screw galvanized or Husky type double band no-hub type clamps. |
35
Section XI — 36
b) | Connecting new work to existing systems shall be performed in a neat and acceptable manner. All affected work is to be restored to its original condition and operation. The plumbing contractor shall not interfere with the continuous operation of existing systems. |
c) | Hot water lines longer than fifty-feet (50) from base building riser shall be heat traced or such other means such as a recirculation system.Demolition and Removals |
a) | Disconnect and remove plumbing fixtures and piping. Cap and/or plug existing services at source of supply. Remove existing abandoned piping from the ceilings, walls and shafts. |
b) | “Safe-off” with valves, caps or plugs, all services supplying plumbing fixtures and equipment in areas designated for demolition prior to the start of demolition work. |
a) | No plumbing riser shall be run in, or through, electrical closets, telephone closets or elevator machine rooms. |
b) | Plumbing design drawings shall be coordinated with other disciplines to prevent floor electric cell penetration. |
a) | The plumbing contractor shall be responsible for ensuring that access doors are installed for valves concealed by masonry, plaster or drywall construction. Minimum size shall be 18 inches x 18 inches, unless otherwise approved. |
b) | Access doors where required shall be equivalent to the fire rated construction in which they are installed. |
a) | At the completion of the work, the plumbing contractor shall submit copies of the plumbing final inspection 505 cards and sign-off. |
b) | The contractor is also required to provide the previously stated number of As-Built drawings and AutoCAD disks. |
• | Descriptive literature on the equipment and components | ||
• | Performance data and model numbers | ||
• | Installation instructions | ||
• | Operating instructions | ||
• | Maintenance and repair instructions | ||
• | Spare parts | ||
• | Lubricating instructions |
36
Section XI — 37
a) | Wall hung water closets and urinals shall be supported by floor mounted carrier fittings. | ||
b) | Carrier fittings base plates or feet shall be chrome plated. | ||
c) | All fixtures shall be equipped with accessible stop valves or angle stops. | ||
d) | Piping from concealed water roughing, passing through walls to the angle stops or fixture waste connection, shall be threaded red brass. Type “L” tubing supply risers may be used between angle stops and faucet connections. | ||
e) | Fixture faucets and flush valves shall have renewable internal parts, stems, cartridges and seats. | ||
f) | Water saving flush valves or faucets are required on all fixtures. |
g) | Mechanical rooms, kitchens and public toilets shall be provided with a 3-inch floor drain. The floor shall be provided with membrane waterproofing. |
h) | Waste piping from food handling equipment and preparation sinks shall be indirect via air gaps to floor drains or floor sinks as required by the Health Department and Plumbing Code requirements. |
i) | Vacuum breakers, check valves and/or approved backflow prevention devices are required on all water connections subject to back siphonage. |
a) | The contractor shall arrange with Gas Company for meter bar and standard installation details and be responsible for all associated charges. |
b) | Piping shall be installed free of traps and shall be provided with drain pocket consisting of nipple and cap at all low points. |
c) | Union or right and left nipple and coupling with gas cock shall be provided at each piece of equipment. | ||
d) | Piping shall be pressure tested per code requirements. |
e) | Explosion proof solenoid shutoff valves shall be provided in the main supply lines to gas fired equipment. The solenoid valve shall close upon activation of the kitchen hood and/or fire detection system. |
37
Section XI — 38
a) | All piping shall be clearly marked with its contents. Piping should also be properly insulated and indicate the pipe contents and directional flow a minimum of every fifteen-feet (15). | ||
b) | All steam supply, return pumped condensate and hot water piping shall be insulated. |
c) | Hot water fittings, valves and flanges for steam return, pumped condensate and hot water shall be insulated as for steam. |
d) | Cold water fittings, valves and flanges shall be insulated with molded fitting sections or mitered sections of pipe covering. Vapor seals shall be two coats of PVC coating. For concealed locations, wired on compressed fiberglass blanket may be used. |
a) | Insulate all fresh air, air conditioning fans, casings, supply and return ducts with four-pound density fibrous glass board faced with one side with aluminum foil reinforced jacket. | ||
b) | Secure insulation over metal pins and lock in place with friction fit washers. |
c) | Seal all joints and punctures with matching foil, reinforced pressure sensitive tape, 3 inch wide on butt joint and punctures, 5 inches wide on corners. |
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Section XI — 39
a) | All tenant sprinkler system drawings and specifications are to be submitted to the Landlord for review before installation or agency approvals. |
b) | The sprinkler drawings must show all core and branch piping and a riser diagram showing the proposed connections to the system. |
c) | Pre-action sprinkler system piping layout shall be indicated on the drawings including pre-action valve assembly, tamper water flow switch and all associated mechanical and electric components. A separate electrical riser diagram indicating all electric components and tie-ins to existing system shall be provided to facilitate fire department electrical review and installation approval. |
d) | Pre-action valve assembly details must be shown on the drawing with all associated components, including drain and test assembly. |
e) | Prior to construction (but in no event simultaneously with the submittal of plans to Landlord), hydraulic calculations must also be submitted for Landlord review that indicate reasonable uniform water distribution, and allow for loss-of-head in water supply piping. Water density, areas of sprinkler operation and water supply requirements shall in accordance with NFPA standards. |
f) | Water supply information including gpm and pressure required for fire pumps and gravity/pressure tanks shall be provided. |
g) | Provide details of any modifications to the existing gravity or pressure tanks where required. |
a) | Water flow Switches |
b) | Tamper Switch |
39
Section XI — 40
c) | Pressure Relief Valves |
d) | Pressure Gauges |
• | Gauges are to be of a type approved by authorities having jurisdiction and shall be 41/2 inch dials, cast brass cases and have a range equal to twice the working pressure. | ||
• | Each gauge shall have a shut-off cock or valve together with a plugged outlet for the connection of an inspector’s test gauge. Gauges shall be double spring type. | ||
• | Provide a gauge on either side of each pressure-reducing valve. |
a) | System drain-downs and fills will be conducted after normal building business hours (Before 8AM and after 6PM Mon. — Fri. or on weekends). A tenant representative or General Contractor’s project foreman must be present to print and sign their name in the Class “E” fire alarm system “Alarm Book” (located at main lobby desk), prior to the sprinkler system drain down taking place. A tenant representative or General Contractor’s project foreman must also be present to print and sign their name in the Class “E” fire alarm system “Alarm Book,” prior to the sprinkler system refill process taking place. Tenants will be required to have a reputable pipe fitter contractor on hand to witness the refilling of the system. |
b) | If sprinkler system is to be removed, a temporary sprinkler system shall be installed around the core area of the building, or a fire watch may be substituted by an NYCFD Fire Guard of Fire Safety Director Certificate of Fitness holder as approved by General Manager. |
c) | All sprinkler system pipe penetrations through fire rated floors, slab and walls shall have sleeves and openings shall be filled with fire-stop, fire-rated compound providing the same rating as the construction through which such sleeves pass. |
d) | Sprinkler piping exposed to the elements (freezing conditions) shall be adequately covered and heat-traced. |
e) | Provisions are to be made for electrical connection of the water flow and tamper switches to the Building’s Class E fire alarm system, by the electrical contractor in coordination with the Building’s fire alarm vendor. See Building Specific information for the appropriate company name, contact person and phone number. | ||
f) | Closing of any OS&Y control valve is to be coordinated with the Building Office. |
g) | All control valves, pressure-reducing valves, check valves, water flow valves, tamper switches, etc. shall be installed so as to be easily accessible for maintenance and removal. |
40
Section XI — 41
h) | Piping shall be installed so that all or part of the system can be completely drained. Drain assemblies are to be provided with a globe or angle type valve and spill to an approved receptacle to avoid flooding drain riser or slop sink. |
i) | Inspector’s test connection shall be at least 1-inch diameter terminating in an outlet giving a flow equivalent to one operating sprinkler. The test assembly shall include a globe or angle valve, sight glass,1/2 orifice, union and all other appurtenances required for a complete assembly. |
j) | Prior to filling the sprinkler line with water, air pressure testing is to be done. Test is to be witnessed by the Landlord’s representative. Arrangements are to be made at least 24 hours in advance of the test. | ||
k) | The Tenant shall furnish and install signs and seal as required. |
l) | Upon completion, system shall be hydrostatically tested. A building representative will witness the test. |
41
Section XI — 42
a) | The building is equipped with a Class E fire alarm system. Existing base building devices (e.g., smoke detectors, manual pull stations, warden phones, etc.) should not be disconnected or removed without prior notification to the Building Office. |
b) | The Tenant’s engineer must field survey the location of all the existing devices and indicate on the demolition and construction drawings submitted for review. Plans must be filed with, and approved by, the authority having jurisdiction. |
c) | In areas where wiring is susceptible to damage due to exposure to potential mechanical damage (e.g., MER, EMR, etc), the wiring shall be installed in rigid conduit or EMT throughout the space and not just below eight feet. |
d) | Subsystem panels shall be installed in the Tenant’s demised space and must be readily accessible to the Building’s Engineering department. Indication of this panel shall be identified on the drawings for review. |
e) | Speakers can be installed either on the walls or in the ceilings but must be audible so all occupants can hear the signals and/or announcements. All speakers should be wired using an “A” and “B” loop as per NYC code to ensure some level of alarm will be heard throughout the floor in the event of a partial system failure. |
f) | The disabling and reactivation of the building’s Class “E” fire alarm system, in conjunction with tying in or removing tenant devices, (i.e. smoke detectors, speakers, warden phones, manual pull stations, etc.) shall take place after hours (Before 8AM and after 6PM Mon. — Fri. or on weekends). A tenant representative or the General Contractor’s project foreman must be present to print and sign their name in the Class “E” fire alarm system “Alarm Book” (located at main lobby desk), prior to the disabling of the Class “E” System. A tenant representative or the General Contractor’s project foreman must also be present to print and sign their name in the Class “E” fire alarm system “Alarm Book” (located at main lobby desk), prior to the reactivation of the Class “E” fire alarm system. Charges associated with disabling, re-activating, testing and program alterations shall be paid for by the Tenant. Programming will be performed by the Building’s Class “E” approved vendor. See the “Building Specifications” section information under “Contacts” for the company, contact person and telephone number of the approved fire alarm maintenance firm. |
g) | Tenant shall provide and install emergency lighting in accordance with Local Law 16 and all applicable laws. These lighting fixtures should have self-contained battery back-up units within the fixture. The engineer must submit a letter to the Landlord at the time of review that states that the emergency lighting does meet all applicable code requirements. |
42
Section XI — 43
a) | All food facilities shall be constructed in accordance with New York Sate and New York City Health codes. |
b) | All food facilities shall have a current New York City Health permit or receipt of payment for a permit BEFORE operation of the food facility. | ||
c) | All food facilities shall have a current New York City Food Protection Certificate. |
d) | All food facilities shall employ a licensed exterminating contractor who is certified by New York City and carry a minimum of one million dollars ($1,000,000) in liability coverage. |
e) | All refuse shall be contained on food facility premises in a refrigerated refuse room. Refuse and odors from refuse must not become a nuisance to tenants or Building Management. |
f) | All food sinks and grease traps must be indirectly connected to waste lines. Grease traps are mandatory and are to be readily accessible from within the tenant space. |
g) | All food facilities shall be vermin-resistant by sealing all openings in walls, floors, ceilings, pipelines, etc. |
h) | All kitchen exhaust access doors must be clearly identified on the kitchen ceiling and be accessible for periodic inspection by Building Management and your vendor. |
i) | All food facilities with a seating capacity of 20 or more shall be required to provide toilet facilities to their patrons. This should be separate and apart from employee toilet facilities. |
j) | Water and sewer estimates must be provided to the Building Office at the time that construction plans are submitted for review. |
k) | All food facilities shall ensure that any garbage that is brought out to the curb will not leak and cause a greasy, slick surface that may be a danger to pedestrians or become unsightly. | ||
l) | All signage must be approved by the Landlord before it is installed. | ||
m) | Waterproofing plans must be submitted for review by Landlord. |
43
Section XI — 44
44
Section XII — 45
Section V: | ||
Building Specifications and Information |
Jones Lang LaSalle Americas, Inc.
85 Broad Street, SC Level
New York, NY 10004
ph +1 212 248 9135
fx +1 212 248 9134
Name | Title | Ext. | ||||||
Tony Cartagine | General Manager | 103 | tony.cartagine@am.jll.com | |||||
Betty Villarreal | Asst. General Manager | 104 | betty.villarreal@am.jll.com | |||||
Rich Viera | Chief Engineer | 106 | richard.viera@am.jll.com |
Loading Dock | ||
Loading Dock Entrance: | On South William Street Side | |
Hours of Operation: | Monday-Friday, 8am-6pm | |
Loading Dock Dimensions: | ||
Roll Up Door Height: | 12’0” | |
Roll Up Door Wide: | 15’0” | |
Height of Bay: | 3’8” |
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Section XII — 46
CAR 18 | CAR 19 | |||||||
Service Floors | SC-31 | C-31 | ||||||
Rated Capacity | 5,000 lbs | 4,000 lbs | ||||||
Dimensions | ||||||||
Ext. Door Height | 8’0” | 8’0” | ||||||
Ext. Door Width | 4’5” | 4’0” | ||||||
Interior Height: | 11’5” | 11’5” | ||||||
Interior Width | 9’4” | 8’0” | ||||||
Interior Depth | 5’5” | 5’3” |
Lighting Systems
46
Section XII — 47
Faucets: | Sloan, TEL70AV100 | |
Water Closet Flushometer: | Sloan, EBV-60A | |
Urinal Flushometer: | Sloan, Optima Flush Valve #EBV-89A-M-Pro |
a) | To maintain a positive IAQ and reduce the impacts of emissions from materials, employ the following sustainable criteria when choosing these products: |
b) | Paint and coatings with VOC emissions that do not exceed VOC limits of Green Seal’s Standard GS-11 requirements |
c) | Carpet and Carpet Cushion that meets the requirements of the CRI Green Label Testing Program |
d) | Composite panels (MDF, OSB, plywood) and agrifiber products that contain no added urea-formaldehyde |
e) | Adhesives and sealants that comply with the VOC content limits of South Coast Air Quality Management District (SCAQMD) Rule #1168 |
f) | Lighting that use reduced mercury content of less than 80 picograms per lumen hour of light output |
47
Section XIII — 48
Appendix A: | ||
Waste Tracking Worksheet (WTW) |
48
Section XIV — 1
Appendix B: | ||
Sample Certificate of Insurance |
1. | Fire exits and stairwells (other than interior stairwells) are for emergency use only, and they shall not be used for any other purposes by the tenants, their employees, licensees, or visitors. |
2. | Entrances, corridors, elevators, escalators and other similar areas of the building shall not be obstructed by tenants or their officers, agents, servants, visitors and employees, or used for any other purpose other than ingress and egress to and from the premises. |
3. | Landlord reserves the right to control and operate the public portions of the building and the public facilities, as well as facilities furnished for the common use of the tenants, in such manner as it reasonably deems best for the benefit of the tenants generally. |
4. | Landlord may refuse admittance to the Building of any person not having a valid access card issued by Landlord, or to individuals not properly identified and processed through the Building security procedures in effect. |
5. | Tenant shall be responsible for their employees, agents, service providers and visitors and shall be liable to landlord for all acts of such persons in the building. Outside of ordinary business hours tenants employees (employees with valid ID cards will be permitted to access the building at all times) agents, service providers, and visitors shall be permitted to enter and leave the building whenever appropriate arrangements have been previously made between landlord and tenant with respect thereto. |
6. | Landlord reserves the right to refuse access to any persons Landlord in good faith judges to be a threat to the safety, reputation, or property of the Building and/or its occupants. In case of invasion, riot, public excitement or other commotion, landlord may prevent all access to the building during the continuance of the same, by closing the doors or otherwise, for the safety of the tenants and protection of property in the building. Landlord shall, in no way be liable to Tenant for damages or loss arising from the admission, exclusion or ejection of any person to or from the tenant’s premises or the building under the provisions of this rule. |
7. | No tenant shall invite to the tenant’s premises, or permit the visit of persons in such numbers or under such conditions as to violate local codes, unreasonably interfere with the use and enjoyment of any of the plazas, entrances, corridors, escalators, elevators and other facilities of the building or by other tenants. | |
8. | Canvassing, soliciting and peddling in or about the Building is prohibited. |
9. | Landlord shall have the right to require that all messengers and other Persons delivering packages, papers and other materials to Tenant be directed to deliver such packages, papers and other materials to a person designated by Landlord who will distribute the same to Tenant, or be escorted by a person designated by Landlord to deliver the same to Tenant. |
10. | Landlord may require any person leaving the building with any package or other object to exhibit a pass from the Tenant from whose premises the package or object is being removed. The establishment and enforcement, or failure to enforce, such requirement shall not impose any responsibility on landlord for the protection of any tenant against the removal of property from the premises of the tenant. |
11. | All entrance doors in each tenant’s premises shall be kept locked when the tenant’s premises are not in use. Entrance doors shall not be left open at any time unless permitted under applicable legal requirements. |
12. | No locks or bolts, card or other security access systems shall be installed or changed on any of the doors or windows in Tenant’s premises, unless landlord shall be furnished with a duplicate key, security code or card key for use in the case of emergencies where no representative of tenant is available to provide landlord with such access to the premises and provided further that such arrangements made by tenant satisfy applicable legal requirements. On multi-tenanted floors, duplicate keys for toilet rooms shall be procured only from landlord, which may make a reasonable charge therefore. |
13. | Upon the termination of tenant’s lease, all keys to the tenants premises and toilet roomsshall be delivered to landlord. Tenant shall be responsible for the cost of replacing any keys that are lost. |
14. | Furniture, significant freight and equipment shall be moved into or out of the Building only with the Landlord’s knowledge and consent (which consent shall not be unreasonably withheld, conditioned or delayed), and subject to such reasonable limitations, techniques and timing, as may be designated by Landlord. Tenant shall be responsible for any damage to the Building arising from any such activity. |
15. | Tenant shall not bring or keep animals within the Building (except for animals assisting handicapped persons), and shall not bring bicycles, motorcycles or other vehicles into portions of the Building that are not designated as authorized for same, except as otherwise mandated by law. |
16. | Tenant shall not make, suffer or permit litter except in appropriate receptacles for that purpose. |
17. | This is a non-smoking building in accordance with Local Law #47. Tenant shall not suffer or permit smoking or carrying of lighted cigar or cigarettes anywhere in the building |
18. | Tenant shall not make or permit any unreasonable noise or odors, which in the reasonable judgment of Landlord, might disturb or interfere with other tenants or persons having business in the building. |
19. | No cooking shall be done in tenant’s premises except as expressly approved by Landlord, provided, however, the use of a microwave and other equipment customarily installed in pantries shall be permitted. |
20. | No tenant, employee or invitee shall go upon the roof or other mechanical areas of the Building, except as otherwise required in connection with the exercise of rights granted under the lease. |
21. | The cost of repairing any damage to the public portions of the building or the public facilities or to any facilities used in common with other tenants, caused by a tenant or the employees, licensees or visitors of the tenant, shall be paid by such tenant. |
22. | No awnings or other projections over or around the windows shall be installed by any tenant and only such window blinds as are supplied, or permitted by Landlord in its reasonable judgment shall be used in a tenant’s premises. |
23. | Only hand trucks equipped with rubber tires and side guards shall be used in any space, or in the public halls of the building, either by tenant or service providers, in the delivery or receipt of merchandise or mail. |
24. | Nothing shall be done or permitted in any tenant’s premises and nothing shall be brought into or kept in any tenant’s premises which would impair or interfere (other than to a de minimis extent) with any of the building services of the proper economic heating, cleaning or other service of the building or to the premises. |
25. | Tenant shall not use any method of heating or air conditioning other than as provided by Landlord or any dedicated system approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. |
26. | All windows in each tenant’s premises shall be kept closed at all times, and all blinds or drapes shall be lowered or closed when and as reasonably required because of the position of the sun, so as not to interfere with the operation of the building air conditioning system to cool or ventilate the tenant’s premises. |
27. | No dangerous, flammable, combustible or explosive object or material shall be brought into the building by tenant without Landlord’s knowledge or approval,. Tenant shall comply with all local and government codes in the maintenance and reporting all hazardous chemicals as required. |
28. | No damaging acids, vapors or other materials shall be discharged or permitted to be discharged into the waste lines, vents or flues of the building. Tenant shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities. No foreign substances of any kind are to be inserted therein. All damages resulting from any misuses of the fixtures shall be borne by the tenant who, or whose servants, employees, agents, visitors or licensees, shall have caused the same. |
29. | Tenant shall not suffer or permit anything in or around the Premises that causes excessive vibration or floor loading in any part of the Building. |
30. | Tenant shall not perform core drilling, chopping, boring, orcutting, without Landlord consent not to be unreasonably withheld. |
31. | No signs, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by any tenant on any part of the outside or inside of the premises or the building without the prior written consent of landlord. In the event of the violation of the foregoing by any tenant, landlord may (after appropriate notice and cure period subject to lease agreement) remove the same without any liability, and may charge the actual expense incurred by such removal to the tenant or tenants violating this rule. Interior signs and lettering on doors and elevator lobbies on multi-tenanted common areas shall be of a size, color and style reasonably acceptable to landlord. |
32. | No tenant shall use or occupy, or permit any portion of the premises demised to such tenant to be used or occupied as an office for a public stenographer or typist, or as a barber or manicure shop, or as an employment bureau. No tenant or occupant shall engage or pay any employees in the building, except those actually working for such tenant or occupant in the building or advertise for laborers giving an address at the building. |
33. | No premises shall be used or permitted to be used, at any time, as a store for the sale or display of goods or merchandise of any kind, or as a restaurant, shop, booth, or stand, or for the conduct of any business or occupation which involves direct patronage of the general public on the premises demised to such tenant, or for manufacturing or for other similar purposes. |
34. | Landlord shall have the right to prohibit any advertising that identifies the building by any tenant which impairs the reputation of the building or its desirability as a building for offices, and upon written notice from landlord, tenant shall refrain from our discontinue such advertising., provided, however, tenant shall have the right to use the building address and name as its business address. |
35. | The requirements of tenants will be attended to only upon request to the office of the building. Employees of landlord shall not perform any work or do anything outside of the regular duties, unless under special instructions from the office of the landlord. |
36. | Tenant shall, at its expense, provide artificial lights in the premises demised to such tenant for landlord’s agents, contractors and employees use while performing janitorial or other cleaning services and making repairs or alterations in said premises. |
37. | Tenant shall separate all refuse and rubbish of tenant in accordance with the methods and procedures set forth, from time to time, by landlord and its carting agent in its reasonable judgment. Any and all wet and/or food garbage, including coffee grinds, is to be deposited in a plastic liner bag in a waste basket or other receptacle.Tenant shall comply with allsafety, fire protection and evacuation regulations established by Landlord or any applicable governmental agency, and cooperate with landlord in the testing and servicing of the Building’s fire life safety system. |
38. | Landlord reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate operation and safety of the Building and its occupants. Landlord shall provide Tenant with copies of any new and/or modified rules or regulations prior to the effective date thereof. Tenant agrees to abide by these and such other rules and regulations. |
A. | All hard surfaced flooring to be swept. |
B. | Carpet sweep all carpeted areas. |
C. | Empty all standard waste paper baskets and wipe clean |
D. | Clean and sanitize telephones. |
E. | Remove all trash from floors to designated areas. |
F. | Restore chairs and waste baskets to proper positions. |
G. | Wipe clean smudges on bright work. |
H. | Clean water fountains. | ||
I. | Vacuum all carpeted private stairwells nightly and keep in clean condition. Uncarpeted stairwells should be vacuumed or swept nightly using approved dust-down preparation. |
WEEKLY SERVICES: |
A. | Vacuum all carpeted areas. | ||
B. | Dust and wipe clean all horizontal and vertical surfaces to include desks and office furniture, fixtures, horizontal surfaces of window frames, window sill and convector enclosures with treated dust cloths within hand reach. Dust all chair rails, trim and baseboards as necessary. |
A. | Dust all high reach areas including, but not limited to top of door frames, air-conditioning diffusers, return air louvers, picture frames and similar wall hangings. |
B. | Hand dust Venetian blinds. |
SEMI-ANNUAL SERVICES: |
A. | Clean the building envelope windows (interior & exterior) twice a year. |
A. | Empty and sanitize all waste receptacles including sanitary receptacles. |
B. | Sweep and wet mop all restroom floors with germicidal floor cleaner. |
C. | Wash and polish all mirrors. |
D. | Wash shelf bright work and enamel surfaces. | ||
E. | Wash and disinfect urinals, sinks and commodes with germicidal detergent solution and de-scaler. |
F. | Replace all consumable toilet supplies using Tenant’s supply. |
G. | Report clogged urinals, sinks and commodes. |
H. | Clean fingerprints, marks and graffiti from walls, partitions, glass, aluminum and light switches. | ||
I. | Hand dust and clean, washing where necessary, all dispensers and receptacles in all core lavatories. |
J. | Day porter to fill soap dispensers and paper towel and toilet tissue in men’s core lavatories. If required waste cans and receptacles to be emptied. Core lavatories to be visited and policed a minimum of once per day (in addition to the base building nightly cleaning as outlined in A through I above, and K below). Sufficient day matrons will be assigned by the Building to inspect all ladies’ core lavatories at least once per day(in addition to the base building nightly cleaning as outlined in A through I above, and K below) and shall perform the same services as the Day porters. | ||
K. | Freight elevator lobbies to be swept and mopped daily, spray buffed and washed monthly and waxed quarterly. |
A. | Wash all restroom partitions and lavatory walls on all sides using a germicidal disinfectant. | ||
B. | Machine scrub all restroom floors using a germicidal floor cleaner. |
A. | Dust all low and high reach areas including but not limited to ledges, mirrors, partition tops, edges, air conditioner diffusers, exhaust and exhaust grilles. |
A. | Wash restroom lighting fixtures. |
c/o Metropolitan Life Insurance Company
10 Park Avenue
Morristown, New Jersey 07962
85 Broad Street
New York, New York 10004
85 Broad Street LLC, | ||||
a Delaware limited liability company | ||||
By: | 85 Broad Street Mezzanine LLC, its sole member | |||
By: | Metropolitan Life Insurance Company, its sole member |
By: | ||||
Name: | ||||
Title: |
a Delaware corporation
By: | ||||
Title: |
PRE-APPROVED CONTRACTORS
[See attached]
Thence northerly, along the easterly line of Broad Street and at right angles to the preceding course, 128,09 feet to a point in the southerly line of South William Street.
• | Landlord shall furnish and install the submeters and submetering system to measure Tenant’s Usage and coincidental demand in the demised premises. |
• | Landlord shall furnish and install a sub-metering system to measure usage in kWH and coincidental demand in kW. Coincidental demand shall be equivalent to the peak demand in kW for the entire premises as if measured via a single sub-meter. The sub-metering system will also be capable of measuring the coincidental peak demand of a designated sub-set of sub-meters through which Tenant will utilize EPS power. A separate submeter shall be installed at each bus duct switch and at the UPS input switch board. |
• | Landlord shall provide all required base building fire alarm devices, including but not limited to area smoke detectors and fire warden stations in elevator lobbies, manual pull stations and speaker strobes at doors to fire stairs, strobes in core toilet rooms, area smoke detectors in electric and telecommunication closets, duct smoke detectors and fire/smoke dampers at supply and return ducts point of entry from the riser shafts and sprinkler water flow and tamper switches. All devices shall be installed as per Code and ADA requirements. Landlord shall also provide required connection points for tie-ins on each floor of Tenant’s speaker strobes, smoke detectors and subsystems in connection to the Building’s fire alarm system. |
• | All building systems (except for the existing supplemental HVAC units servicing the demised premises) shall be in good operating condition. |
• | The perimeter radiation heating systems and convector covers shall becompletely cleaned and placed in good working order/condition and ready to receive Tenant’s finishes, but Landlord shall not be required to strip, prep or prime convector covers. Any bent fins and/or loose/displaced covers shall be repaired or replaced. |
• | The demised premises, including the internal stairwell located in the demised premises, shall be delivered in compliance, to the best of Landlord’s knowledge, with all applicable Legal Requirements, including but not limited to the New York City fire building code and the local laws pertaining thereto and a Certificate of Occupancy. The common areas of the Building affecting the demised premisesshall comply with Title III of the Americans with Disabilities Act. |
• | All Code required base-building fire/smoke dampers are to be installed by the Landlord completely installed and wired to fire alarm system, if required by code. |
• | Landlord shall slab over internal convenience stairs between Tenant’s floors and non-tenant floors to meet or exceed minimum fire ratings. Flooring on 22nd and 2ndFloors shall be poured concrete, ready to receive Tenant finishes. Ceiling of 26thand 3rdFloors shall be metal decking with fireproofing. Landlord to add an exhaust to the ceiling of the top-most floor of the convenience stairs within the demised premises (i.e., the 26th floor and the 3rd floor) to meet code. The work described in this bullet-point is called the “Stairwell Work”. |
• | Fire stair and convenience stair doors and hardware to be rated and labeled. The Landlord shall replace doors, frames and hardware not meeting minimum fire rating as required by code. |
• | Remove mail chute doors and sheet rock over openings at shaft wall to create required fire rating. Access door as shown on Exhibit AD attached hereto to be secured by Landlord. |
• | Remove conveyor belts that protrude into Tenant’s space. |
• | Landlord to remove all wiring and equipment in 2nd floor telephone room. |
• | Landlord shall lock-off access to the 22nd floor by the elevators serving the “mid-rise” floors of the Building. |
• | Landlord shall remove the vertical wiring, to the extent determined in Landlord’s discretion, without disturbing Tenant installation. |
• | Landlord shall in the ordinary course of business repair or replace all windows that are damaged as of the date of this Lease. |
• | Landlord shall in the ordinary course of business “close out” applications that have been filed with the DOB (except any such applications relating to work performed or to be performed by or on behalf of Tenant). |
• | New lobby desk; |
• | New canopy for the front of the Building on the Broad Street side; |
• | New lighting and fixtures around the exterior of the Building; |
• | New lighting and fixtures in the interior lobby of the Building; |
• | New lighting and fixtures in the lobby elevator bank areas; |
• | New turnstiles in the lobby of the Building; and |
• | New stone flooring at the elevator bank. |
I. | DESIGN CRITERIA |
A. | HVAC — General |
1. | The hours of operation of the basic HVAC systems will be 8:00 AM to 6:00 PM Monday through Friday |
2. | The base building HVAC system (perimeter and interior) shall be capable of maintaining the building’s performance criteria year-round. The outside summer condition is 92°F db, 75°F wb, indoor condition of 75°F +/-2 db and 50% relative humidity, maximum, with a population density not in excess of one person per 143 usable square feet and 5 watts/sf of internal heat gain, provided Tenant provides sufficient supplemental HVAC to address loads above normal office use (e.g. trading floor, large conference rooms, data rooms, etc), and provided that shades are in the closed position to minimize sun load. The winter outdoor condition is 5°F and the indoor condition is 72°F±2. |
3. | The refrigeration plant must be able to operate all year to achieve the above stated conditions regardless of season. |
4. | Landlord shall not permit equipment within the Building on the 27th floor or the 21st floor to generate noise levels greater than NC-40. |
5. | Static pressure for interior duct system shall be a minimum of 1inch downstream of all dampers, appurtenances, etc. |
6. | System shall deliver outside air at a quantity not less than 20 cfm per person to entire OPCO premises based on an occupancy of one person per 143usf. |
7. | All core restrooms shall have an exhaust air quantity of a 40 CFM per fixture including any expanded rooms to accommodate the Tenant’s proposed occupancy. Tenant shall be permitted to connect into the toilet exhaust system for its additionally constructed toilet facilities, etc., as part of the initial fit-out. Any additional exhaust capacity not available in the existing system and required by code, for Tenant’s additional toilet facilities, shall be at Tenant’s expense. |
8. | After-hours and additional mechanical services: Base building perimeter and interior HVAC system shall be capable of isolating individual floors for after-hours operation. The building shall charge OPCO per hour of overtime air conditioning and ventilation. Refer to article 27 for pricing. |
9. | The chilled water for supplemental air conditioning services provided to the premises shall be metered and billed based on actual consumption as measured by a BTU meter. OPCO shall not be required to install pumps, all pumping distribution via the base building pumps. The building shall charge OPCO on a ton/hour basis. Refer to article 27 for pricing. |
B. | Electricity — General |
1. | The sub-metering system will also be capable of measuring the coincidental peak demand of a designated sub-set of sub-meters through which Tenant will utilize EPS power. Totalized demand will be basis of the annual charge for connection to the EPS. |
2. | Landlord shall dedicate the following feeders (risers) to Tenant’s exclusive use provided Tenant leases the UPS Space. |
a. | One of the two existing utility feeders to the UPS Room. |
b. | One of the two existing generator power feeders to the UPS Room. |
c. | Four existing 200 Amp feeders from the UPS Room to the 26th Floor. |
d. | One existing 200 Amp feeder from the UPS Room to the 24th Floor. |
e. | One existing 400 Amp feeder from the UPS Room to a splice box on the 7th Floor. |
f. | One existing 400 Amp feeder from the UPS Room to the 4th Floor. |
g. | The two Emergency Power Systems (EPS-A and EPS-B) currently installed in the building are connected to the bus ducts which serve the Tenant floors via a system of transfer relays. Bus duct A is energized by EPS-B. Bus duct C is energized via EPS-A. Prior to the commencement date, Landlord at Landlord’s cost shall fully test not less than two generators in each EPS including but not limited to the engine/generator, paralleling switchgear, transfer switches, transfer relays, controls, fuel transfer system, etc. Such procedures shall include but not limited to monthly start-up of the four designated generators, verifying the two machines in each EPS parallel to each other and connect to the generator switchgear input bus, and then operating each generator individually on the load bank for 30 minutes. In addition there shall be four annual preventive maintenance services performed by the generator manufacturer or qualified manufacturer representative and an annual Integrated System Test (IST) performed by the manufacturers of the generator or qualified manufacturer representative, paralleling switchgear and transfer switches. As part of the IST the plant shall be operated at full load for a minimum of four hours. |
II. | BUILDING SERVICES |
A. | Mechanical |
1. | The chilled water provided to the premises for supplemental air conditioning shall be metered and billed to Tenant based on actual consumption as measured by a BTU meter. |
2. | Landlord shall permit the cable television company serving the area to provide cable television services to all floors within the demised premises. |
3. | Subject to compliance with code, availability of space and Landlord’s reasonable discretion, Landlord shall provide space for outside communications services required by Tenant such as NYNEX, MFS, MCI and Verizon at multiple POE’s. |
4. | Landlord shall permit the installations of Teflon insulated low voltage cabling in the ceiling plenums and raised floor plenum without conduit as permitted by code. |
5. | Tenant shall be permitted within Tenant’s Premises or core closets to use BX cable wherever permitted by New York City Electric Code. |
6. | In the event of a power outage, the Landlord shall use reasonable efforts at market rates to operate the base building life safety generator and the EPS on a continuous basis until power is restored. Landlord shall use reasonable efforts at market rates to arrange for resupply of the onsite fuel system as needed for such continuous operation, failing which Tenant shall be permitted to arrange for resupply of the onsite fuel system using oil that is of consistent grade and quality as the fuel supplied by Landlord’s vendor, at Landlord’s cost with reimbursement to Tenant not to exceed market rates. |
III. | ROUTING OF SERVICES OUTSIDE OF TENANT SPACE |
IV. | TELECOMMUNICATIONS | |
Tenant reserves the right at its own expense to deliver copper and fiber services from one or more additional service providers in the building and to extend these services into the demised premises and no other space in the Building, subject to Landlord’s reasonable approval of the service provider. The work may include the establishment of a second point of entry subject to Tenant’s compliance in all respects with the provisions of this Lease applicable to the performance of Tenant Alterations. |
BY AND WHEN
RECORDED RETURN TO:
AND ATTORNMENT AGREEMENT
NOTICE: | THIS SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT RESULTS IN YOUR LEASEHOLD ESTATE IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. |
85 Broad Street
New York, New York 10004
Attn: Mr. David Rogers
85 Broad Street
New York, New York 10004
Attn: Dennis McNamara, Esq.
250 Park Avenue, Sixth Floor
New York, New York 10177
Attn: Shane O’Neill, Esq.
c/o Metropolitan Life Insurance Company
10 Park Avenue
Morristown, NJ 07962
Attn: Officer-In-Charge
with a copy to: | c/o Metropolitan Life Insurance Company | |
10 Park Avenue | ||
Morristown, NJ 07962 | ||
Attn: Chief Real Estate Counsel |
Property: | 85 Broad Street | |
New York, NY 10004 | ||
The Property is more particularly described on Exhibit A. |
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LENDER: | [________________________] | |||||
a [____________________] | ||||||
By | ||||||
Its | ||||||
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TENANT: | Viner Finance Inc., | |||||
a Delaware corporation | ||||||
By | ||||||
Its | ||||||
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LANDLORD: | 85 Broad Street LLC | |||||
a Delaware limited liability company | ||||||
By | ||||||
Its | ||||||
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AND ATTORNMENT AGREEMENT
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85 Broad Street
New York, New York 10004
Viner Finance Inc.
85 Broad Street
New York, New York 10004
Attn: Dennis McNamara, Esq.
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250 Park Avenue, Sixth Floor
New York, New York 10177
Attn: Shane O’Neill, Esq.
c/o Metropolitan Life Insurance Company
10 Park Avenue, Morristown
New Jersey 07960
Attention: Officer-In-Charge
c/o Metropolitan Life Insurance Company
10 Park Avenue, Morristown
New Jersey 07960
Attention: Chief Real Estate Counsel
One New York Plaza
New York, New York 10004
Attn: Ross Z. Silver, Esq.
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Landlord: | ||||||
85 BROAD STREET LLC, | ||||||
a Delaware limited liability company | ||||||
By: | 85 Broad Street Mezzanine LLC, its sole member | |||||
By: | Metropolitan Life Insurance Company, its sole member | |||||
By: | ||||||
Title: | ||||||
Tenant: | ||||||
Viner Finance Inc., | ||||||
a Delaware corporation | ||||||
By: | ||||||
Title: | ||||||
Subtenant: | ||||||
[_______________] | ||||||
By: | ||||||
Title: |
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85 Broad Street
New York, New York 10004
Viner Finance Inc.
85 Broad Street
New York, New York 10004
Attn: Dennis McNamara, Esq.
250 Park Avenue, Sixth Floor
New York, New York 10177
Attn: Shane O’Neill, Esq.
c/o Metropolitan Life Insurance Company
10 Park Avenue, Morristown
New Jersey 07960
Attention: Officer-In-Charge
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c/o Metropolitan Life Insurance Company
10 Park Avenue, Morristown
New Jersey 07960
Attention: Chief Real Estate Counsel
and
One New York Plaza
New York, New York 10004
Attn: Ross Z. Silver, Esq.
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Landlord: | ||||||
85 BROAD STREET LLC, | ||||||
a Delaware limited liability company | ||||||
By: | 85 Broad Street Mezzanine LLC, its sole member | |||||
By: | Metropolitan Life Insurance Company, its sole member | |||||
By: | “David.v. Politano” | |||||
Title: Managing Director | ||||||
Tenant: | ||||||
Viner Finance Inc., | ||||||
a Delaware corporation | ||||||
By: | “Albert G. Lowenthal” | |||||
Title: CEO | ||||||
Subtenant: | ||||||
[___________________________] | ||||||
By: | ||||||
Title: |
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