Full Site Services 3yr Contract - Islandia Shopping Center

All Bid Sheets and Site Plans are included as Attachments here.

Islandia

-         Snow Removal

Snow Removal and Ice Control

1.          A Snow Event is an accumulation of one or more inches of snow or icing. Light accumulations under one inch that require ice control application(s), will not be considered a "Snow Event". Consultant will make recommendations to Owner for its approval as to when Additional Services are required. Owner shall pay only for additional ice control applications that have received prior written approval from an authorized representative of Owner. Should a Snow Event continue for a period of more than one day, Owner expects that ice control services will be maintained throughout the Snow Event and the Common Areas kept in a sufficiently treated state for the entire Snow Event at the applicable application rate as provided herein. Consultant shall use the snowfall data provided by weatherworks.com for certified snow totals.

2.          A "Service Event" being defined as any time Consultant must perform any of the agreed upon services described in this Agreement at the Property. Consultant will provide snow and ice control services 24 hours a day, seven days a week, including holidays, for the Common Areas (as more specifically depicted in Exhibit A-1). Consultant shall provide emergency contact information to facilitate such service. Consultant will provide a work ticket specifying services, equipment and personnel for each Service Event, including those that are automatically initiated as well as services that are performed as Additional Services.

3.          Services will be automatically initiated by the Consultant when a Snow Event occurs. Consultant shall be responsible for initiating such services whether they are being performed as a monthly contract service or as per push event services.

a.          As part of Basic Services, if accumulation of snow is less than one inch, the Consultant shall apply a sufficient application of ice control at the beginning of the event and apply a second application of ice control upon the completion of the snow removal services.

b.           The Consultant includes one (1) salting for each contract month of each contract year when a light accumulation under one inch occurs that requires ice control only. This service shall be performed at no additional charge to the Owner provided the Consultant is providing the "monthly contract service".

During the months of November and April for each contract year, there will be a billable service per push/per inch in accordance with the rates listed in Exhibit B-1.

4. All Common Areas will be continuously serviced to allow safe access during a Snow Event. All Common Areas which cannot be reached with snow plowing equipment will be shoveled continuously to allow safe access to/from the building.

To reduce damage to the parking lot, curbs and sidewalk areas, these snow removal procedures must be implemented by Consultant:

5.          A photo inspection will be scheduled of the entire property including but not limited to sidewalks, curbs, control joints, expansion joints, curbs, light fixtures, concrete walls, site lighting poles, bases and fixtures, etc. at the beginning and end of every season as well as after every Snow Event to determine if any damage has occurred. If damage to the Property is identified, Consultant will be responsible for the cost of the repairs.

6.          If there are an excessive number of snowfalls or heavy snowfall accumulation and the Owner and the Consultant agree that the snow must be relocated from the designated stacking area or removed from the Property, such service will be provided by the Consultant at the rates listed in Exhibit B-2.

7.          Consultant and Owner will determine the dedicated stacking area, within the Property, prior to the start of the snow season, unless the dedicated stacking areas are identified in an Exhibit of the Agreement. Owner will provide a plan with the agreed location prior to the commencement of the snow season.

8.          Snow relocation services cannot be initiated without the prior written approval of Owner. Consultant will document the date and time that the snow relocation services commence and will document when they are completed. Owner or its authorized representative must sign the Consultant's work ticket verifying the snow relocation services. Owner will not compensate Consultant for any snow relocation services that do not have the prior written authorization and completion verification by Owner or its authorized representative.

9.          Consultant will keep all Common Areas accessible at all times. Snow piled in areas not approved by the Owner will be relocated at Consultant's expense.

10.       Consultant will supply, maintain and replace all equipment necessary to provide the Services.

ADDITIONAL SERVICES

All Additional Services (Additional Services being defined as services not specified as Basic Services in this Agreement) shall be submitted and agreed to in writing, or orally in the case of

an emergency, by Owner unless Owner sends written notification stating otherwise prior the commencement of work, or the work shall not be billable. For any and all Additional Services, the Consultant shall submit a written work ticket specifying all work performed. The ticket shall include the time the work commenced and the time it was completed. A copy of this ticket shall accompany any related invoice.

11.       Without any exceptions and whether performing Basic Services or Additional Services, the Consultant shall make the Property and Common Areas ready to accept tenants and customers for a "Normal Business Day" (Normal Business Day being defined as any day that any tenant occupying space at the Property is open for business). All Services shall be completed one (1) hour prior to the Normal Business Hours (Normal Business Hours being defined as the time that the Property, including but not limited to any tenant at the Property, opens for business on that particular day) of the Property and again after closing.

12.       Consultant will inspect and document any damage to curbs, sidewalks, light fixtures and precast structures prior to the execution of this Agreement (and again in the fall of each subsequent season) and notify Owner of same. Consultant, at its sole expense, shall repair all damage caused by Consultant to curbs, sidewalks, light fixtures, precast structures, other areas and fixtures that were not documented prior to the execution of the Agreement or each season thereafter. Consultant shall be responsible, and promptly pay for, any loss or damage, caused by Consultant, to anything, including but not limited to: curbs, concrete, sidewalks, lights, fixtures, wood, railings, buildings, signs, lights or the surface of the roadways or parking areas, which are the subject of this Agreement. Consultant shall use its best efforts to minimize damage to the Property and Common Areas.

-         Landscaping

BASIC SERVICES

Contractor shall provide the following Basic Services (hereinafter, collectively, called the “Basic Services”) incorporating but not limited to all common areas, the parking area; roadways; passageways; landscaped areas; ramps, to the extent not restricted for exclusive use of tenants; truck wells; truck circulation areas (the “Common Areas”; for reference purposes such Common Areas as shown on Exhibit A-1 attached hereto and made a part hereof); which shall be maintained in good order and in a clean, safe and orderly condition comparable to the condition of other “first-class” shopping centers in Islandia, NY, in order to prevent slip and falls, such services shall include but not be limited to the following (where applicable):

Lawn Maintenance

1.     Mowing will consist of thirty-three (33) cuts throughout the mowing season.

2.     Grass will be cut between 2 1/2” to 3” depending on the seasonal growth and weather conditions.

3.     Lawnmowers equipped with mulching blades will be used to cut turf. At no time will it leave any over burden of grass.

4.     Edging of walkways and streets will be done every other week to insure a clean maintained look.

5.     Line trimming around all trees, beds and building will also be done with every scheduled cut.

6.     All sidewalk and parking curbs will be blown free of grass clippings and debris.

7.     All curb and parking areas will be treated with weed control to stop growth between the cracks.

8.     Any sprinkler damage by lawnmowers or any other equipment will be repaired or replaced by the Contractor.

Shrub & Tree Maintenance

1. All shrubs are to be trimmed throughout the year to insure the proper shape and clean appearance.
2. All shrubs will be trimmed and manicured to Agent’s satisfaction.
3. Trees will be pruned and trimmed two (2) times a year to insure clearance of walks and roadways
4. All shrubs and trees will be pruned to the nurserymen’s guidelines unless otherwise discussed with Contractor.
5. Maximum height of trees to be trimmed are NOT to exceed 12’ in height. Any tree taller than 12’ will be an extra charge to be agreed upon by both Contractor and Agent at the time of need.

Bed & Flower Maintenance

1. All flowerbeds are to be edged as needed to keep a shape clean appearance.
2. All flower beds will be weeded on a bi-weekly schedule.
3. Weeds in flowerbeds are to be controlled with pre-emergent & weed killer every six weeks.
4. Annual Flowers: Pylon Planter Bed, Main Entrance Island, Main Roadway Island, Flowerbeds at end of Main Roadway, Perimeter Beds of Dave & Busters.

·        Spring Flower (Impatiens/begonias etc.) will be installed in early May.

·        Fall Plantings (Mums & Kale) will be installed in late September.

·        Mulch: All flowerbeds to be mulched with approximately 300-350Yds to complete the center.

·        Contractor will not be responsible to remove any trash and/or debris from parking lots, roadways and sidewalks.

      Sprinkler System Maintenance

Contractor will open the sprinkler system early May. At this time Contractor will open all the sprinkler water mains and evaluate the system for any leaks. All lawn sprinkler heads will be adjusted and checked for maximum performance. Heads that do not meet the proper height requirement or are malfunctioning will be marked for repair or replacement. All service below is included in this Agreement. Contract duration- Seven (7) Months (May- Nov) of each contract year.

Opening Service

1. Re-Set Timer.
2. Check Water Main for leaks.
3. Check All Lawn & Shrub Sprinkler Heads for Malfunctions.
4. Clear over-grown grass from sprinkler heads.
5. Repair any malfunctions to the system. (Additional Charge) : Hourly Labor Price

Winterizing Service

1. Entire System will be drained of water & air will be blown though lines to prevent freezing.
2. Clocks & Water Main will be closed off for the season.

3.Contractor will winterize the Property’s Sprinkler System during the month of November.

Monthly Monitoring

·        Once a month, Contractor will run through the entire system for malfunctions & any adjustments that may be needed. Repairs are additional.

Additional charges for parts

• Large Hunter Head Replacement                                                                        
• Spray Heads Replacement                                                                                    
• Repair Poly Pipe Cracks (Additional charge for line replacement)       
• Replace zone valves                                                                                  
• Additional Zone                                                                                                           
• Troubleshooting, Rewiring, Etc. (Labor Rate)                                  
•  Unlimited Service Calls                                                                                           

Herbicide & Pesticide Maintenance

Optional Applications          

Fungus Control Application                      

Post Emergent Crabgrass Control                          

Parking Lot Sweeping; Using Power Sweeping / Vac Truck; Entire Shopping Center 2 times per week.

Entity Name: Islandia SC Owner, LLC

Additional Insureds: BDG Asset Management, Inc. BDG Construction Corp. BDG Islandia LLC Blumenfeld Development Group, Ltd.  Islandia SC Holdings LLC Islandia SC TCA Member LLC Taconic Capital Advisors L.P. Islandia SC Owner LLC

Insurance Requirements:

Commercial GL:

Each Occurrence - $1,000,000

Damage to Rented Premises (Ea occurrence) - $50,000

Med Exp (Any One Person) - 5,000

Personal & Adv Injury - $1,000,000

General Aggregate - $2,000,000

Products - Comp/OP Agg - $2,000,000

Gen'l Aggregate Limit Per: Project

Auto Liability:

Combined Single Limit (Ea Accident) - $1,000,000

Umbrella Liability:

Each Occurrence - $5,000,000

Aggregate - $5,000,000

Retention: $10,000

Workers Compensation and employer's liability:

E.L. Each Accident - $1,000,000

E.L. Disease - EA Employee - $100,000

E.L. Disease - Policy Limit - $500,000

Professional Liability - $2,000,000

Pollution - $2,000,000